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11/04/2021Thursday, November 4, 2021 6:00 PM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers City Council Meeting Agenda November 4, 2021City Council Meeting Agenda Welcome. We are glad to have you join us. If you wish to address the Council, please complete a Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When recognized, please hand your card to the Clerk, approach the podium and state your name. Persons speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for a group may speak for 3 minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using cell phones and electronic devices during the meeting. Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through written comment. The City has established the following two options: 1) eComments via Granicus - eComments is integrated with the published meeting agenda. Individuals may review the agenda item details and indicate their position on the item. You will be prompted to set up a user profile to allow you to comment, which will become part of the official public record. The eComment period is open from the time the agenda is published. Comments received during the meeting will become part of the official record, if posted prior to the closing of public comment. The City Clerk will read received comments into the record. 2) Email – Individuals may submit written comments or videos to ClearwaterCouncil@myclearwater.com. All comments received by 5:00 p.m. the day before the meeting (November 3) will become part of the official record. The City Clerk will read received comments into the record. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) 4.1 Oath of Office for City Attorney David Margolis 4.2 Suncoast Jazz Festival Weekend Proclamation - Joan Dragon, Festival Director 4.3 State of the City Presentation - Micah Maxwell, Interim City Manager 5. Approval of Minutes Page 2 City of Clearwater Printed on 11/4/2021 November 4, 2021City Council Meeting Agenda 5.1 Approve the minutes of the October 21, 2021 City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be heard re items not on the agenda 7. Consent Agenda The Consent Agenda contains normal, routine business items that are very likely to be approved by the City Council by a single motion. These items are not discussed, and may all be approved as recommended on the staff reports. Council questions on these items were answered prior to the meeting. The Mayor will provide an opportunity for a Councilmember or a member of the public to ask that an item be pulled from the Consent Agenda for discussion. Items pulled will receive separate action. All items not removed from the Consent Agenda will be approved by a single motion of the council. 7.1 Approve the budget increase of $115,000 and one full time equivalent position (FTE) for the addition of a new Assistant Director position in the General Fund CRA Administration Department. (consent) 7.2 Award a contract (purchase order) to D-Mar General Contracting and Development, Inc., of Clearwater, Florida, for $306,711.90, which includes a 10% contingency, to perform various air conditioner renovations and replacements needed throughout BayCare Ballpark, per Bid 16-0023-PR-BA, and authorize the appropriate officials to execute same. (consent) 7.3 Approve a contract (purchase order) from Garland/DBS, Inc., of Cleveland, Ohio, for roof restoration and repairs of sections A2 and A3 of BayCare Ballpark, in an amount not to exceed $129,719.70, which includes a 10% contingency, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c) Cooperative Contracts and authorize the appropriate officials to execute same. (consent) 7.4 Approve a Purchase Order with Michael S. Williams d/b/a Athletic Services of Clearwater, FL, for athletic field maintenance services, in an amount of $250,000.00 for the term November 1, 2021 through May 10, 2022 with two, one-year renewal options in an annual not to exceed amount of $250,000.00 pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) 7.5 Approve a proposal by Construction Manager at Risk Khors Construction, Inc. of Pinellas Park, Florida in the amount of $129,399.75 for the demolition and replacement of the existing deck at the Clearwater Beach Recreation Center located at 69 Bay Esplanade and authorize the appropriate officials to execute same. (consent) Page 3 City of Clearwater Printed on 11/4/2021 November 4, 2021City Council Meeting Agenda 7.6 Approve a Guaranteed Maximum Price (GMP) to Walbridge, of Tampa, FL, for the Marshall Street WRF Sand Filters Rehabilitation (20-0011-UT) in an amount of $1,681,538.00 pursuant to RFQ 40-20, Construction Manager at Risk Services for Continuing Contracts; approve Supplement 1 Work Order to Tetra Tech, Inc., of Tampa, FL, for construction and engineering inspections services in the amount of $118,682.00 for a new contract total of $152,572.00, pursuant to RFQ 26-19, Engineer of Record Consulting Services, and authorize the appropriate officials to execute same. (consent) 7.7 Approve an Interlocal Agreement with Pinellas Suncoast Transit Authority (PSTA) for the autonomous vehicle (AV) pilot program and authorize the appropriate officials to execute same (consent). 7.8 Authorize an increase on Contract 900280 to SHI International Corp. of Somerset, NJ for the license and services agreements with Microsoft, Inc. for cloud office management software licensing, software maintenance, cloud storage, cloud services and professional services in an amount of $300,000.00 for a new not-to-exceed amount of $2,175,000.00 for the remainder of the term ending June 30, 2023, and authorize the appropriate officials to execute same. (consent) 7.9 Authorize a purchase order to Sun Print Management of Tampa, FL for copier and printer services for the period of November 1, 2021 through October 21, 2024 in a not-to-exceed amount of $480,000.00 pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback contract, and authorize the appropriate officials to execute same. (consent) 7.10 Approve an agreement (purchase order) to Century Link Communications, LLC dba Lumen Technologies Group (Lumen), of Bloomfield, CO for telecommunications and internet services in the amount of $425,000.00 from October 1, 2021 through March 30, 2024 in accordance with Clearwater Code of Ordinances Section 2.563 (1)(d), Non-competitive purchase , and authorize the appropriate officials to execute same. (consent) 7.11 Authorize a purchase order to H and H Liquid Sludge Disposal, Inc of Branford, FL and Merrell Bros, Inc of Kokomo, IN for the hauling and disposal of biosolids in a cumulative not-to-exceed amount of $2,778,000.00 for the period of November 5, 2021 through November 4, 2024 with the option of two, one-year renewals in a cumulative annual not-to-exceed amount of $926,000.00, pursuant to Invitation to Bid (ITB) 45-21, Biosolids Management Services, and authorize the appropriate officials to execute same. (consent) Page 4 City of Clearwater Printed on 11/4/2021 November 4, 2021City Council Meeting Agenda 7.12 Ratify and confirm authorization to increase contract 900447 to Angelo’s Aggregate Materials LTD dba Angelo’s Recycled Materials (Angelo’s) of St. Petersburg, FL for debris disposal (yard trash, Class III, and construction and demolition debris) by $10,000.00, bringing the new contract amount to $890,000.00 for term ending September 30, 2021, and authorize the appropriate officials to execute same. (consent) 7.13 Approve an amendment to the legal services agreement with Manson Bolves Donaldson Varn for representation in litigation regarding ownership issues of the Seminole Boat Ramps to increase the not to exceed amount from $75,000 to $100,000, and authorize the appropriate officials to execute same. (consent) Public Hearings - Not before 6:00 PM 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 9508-21 on second reading, amending Chapter 51 of the Community Development Code to incorporate updated FEMA flood hazard maps, authorizing the Floodplain Administrator to rely on best available data when local data is available in establishing the minimum basis for flood hazard areas and base flood elevations; clarifying definitions; providing certain conditions for when accessory structures may be located below the base flood elevation; updating minimum elevation standards consistent with the Florida Building Code and FEMA best practices. 8.2 Continue to a date uncertain: Adopt Ordinance 9503-21 on second reading, annexing certain real property whose post office address is 2322 Anna Avenue, Clearwater, Florida 33765, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 8.3 Continue to a date uncertain: Adopt Ordinance 9504-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 2322 Anna Avenue, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Residential Low (RL). 8.4 Continue to a date uncertain: Adopt Ordinance 9505-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2322 Anna Avenue, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 9. City Manager Reports 9.1 Approve the 2021 State Legislative Agenda. Page 5 City of Clearwater Printed on 11/4/2021 November 4, 2021City Council Meeting Agenda 9.2 Clyde Butcher Exhibit Update - Amanda Thompson, CRA Executive Director 10. City Attorney Reports 11. Other Council Action 11.1 PSTA/Forward Pinellas Update - Councilmember Allbritton 12. Closing comments by Councilmembers (limited to 3 minutes) 13. Closing Comments by Mayor 14. Adjourn Page 6 City of Clearwater Printed on 11/4/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9938 Agenda Date: 11/4/2021 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: City Council Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Oath of Office for City Attorney David Margolis SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/4/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9883 Agenda Date: 11/4/2021 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Suncoast Jazz Festival Weekend Proclamation - Joan Dragon, Festival Director SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/4/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9892 Agenda Date: 11/4/2021 Status: Agenda ReadyVersion: 1 File Type: Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by government agencies or groups providing formal updates to Council will be limited to ten minutes.) In Control: Council Work Session Agenda Number: 4.3 SUBJECT/RECOMMENDATION: State of the City Presentation - Micah Maxwell, Interim City Manager SUMMARY: Annual public comprehensive report on the financial condition and administrative activities of the city. APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/4/2021 STATE OF THE CITY 2021 Micah Maxwell Interim City Manager Nov. 4, 2021 This Year’s Successes Are Thanks to Mr. Bill Horne •Financial Status •Accomplishments •Next Steps Our Financial Status Our Financial Health All funds are currently in compliance $164.3M General Fund Revenues Property Tax, 42% Franchise/Utility, 17% Intergovernmental, 15% Charges for Service, 9% Transfers In, 8% Other, 5% Other Taxes, 4% Our Workforce 1,628 Permanent 1,563 Full-time 65 Part-time 22 Departments $154.4M General Fund Expenditures Public Safety, 50% Quality of Life, 26% Admin/Other, 15% Engineering, 5%Planning & Development, 4% STRATEGIC DIRECTION •Diversify the Economic Base •Increase Economic Opportunity •Develop & Promote Our Brand •Foster Community Engagement •Efficiency •Quality •Financial Responsibility •Safety SuccessesDuring COVID-19 Express LibraryServices Financial Support To Struggling Residents StrongPartnerships Health Fair Week Employee Safety & Support Successes InRegular Business Greenprint 2.0 FleetImprovements Flood Insurance Discounts ImagineClearwater Crest Lake Park Cleveland StreetStreetscape Phase III DowntownHousing North Greenwood CRA Lost Graves Research Support MemvelopeProgram Art InThe City Sports Tourism Mental HealthPolice Unit Police BodyCameras Trash & Recycling Vaults Red Tide 2021 Staffing Successes Clearwater 2045 Next Steps Next Steps Transition to New Leadership Strategic Planning Implementation Imagine Clearwater Downtown Clearwater STATE OF THE CITY 2021 Micah Maxwell Interim City Manager Nov. 4, 2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#20-8643 Agenda Date: 11/4/2021 Status: Agenda ReadyVersion: 1 File Type: MinutesIn Control: City Council Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the minutes of the October 21, 2021 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/4/2021 City Council Meeting Minutes October 21, 2021 Page 1 City of Clearwater City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Meeting Minutes Thursday, October 21, 2021 6:00 PM Main Library - Council Chambers City Council Draft City Council Meeting Minutes October 21, 2021 Page 2 City of Clearwater Rollcall Present: 5 - Mayor Frank Hibbard, Vice Mayor Hoyt Hamilton, Councilmember David Allbritton, Councilmember Mark Bunker and Councilmember Kathleen Beckman Also Present: Micah Maxwell – Interim City Manager, Michael Delk – Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call – City Clerk, and Nicole Sprague – Deputy City Clerk. To provide continuity for research, items are listed in agenda order although not necessarily discussed in that order. Unapproved 1. Call to Order – Mayor Hibbard 2. Invocation – Father Bob Swick from St. Francis of Assisi Old catholic Church 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given. 4.1 October Service Awards Two service awards were presented to city employees. The September 2021 Employee of the Month Award was presented to Jevon Graham, Fire. 4.2 Keeping The Lights On After School Day Proclamation, October 28, 2021 - Judy Patrick R'Club, Program Services Director and Sherrie Ried, R’ClubSchool Age Services Director 4.3 Red Ribbon Week Proclamation, October 23-31, 2021 - Michele Edwards, Clearwater Neighborhood Family Center Pinellas County Economic Development Update Economic Development and Housing Director Denise Sanderson said she invited newly appointed Pinellas County Economic Development Director Dr. Cynthia Johnson to introduce herself to Draft City Council Meeting Minutes October 21, 2021 Page 3 City of Clearwater Council. Dr. Cynthia Johnson said she came by to say hello and stress that Pinellas County is committed to be a partner with the City of Clearwater. The office will support city economic development initiatives. She said the office will be more intentional with services as programs are expanded. 5. Approval of Minutes 5.1 Approve the minutes of the October 7, 2021 City Council Meeting as submitted in written summation by the City Clerk. Vice Mayor Hamilton moved to approve the minutes of the October 7, 2021 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 5.2 Approve the minutes of the August 24, 2021 Special Council Meeting and the September 30, 2021 Special Council Meeting. Councilmember Allbritton moved to approve the minutes of the August 24, 2021 Special Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. Councilmember Beckman moved to approve the minutes of the September 30, 2021 Special Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 6. Citizens to be heard re items not on the agenda Bill Jonson thanked City Attorney Pam Akin for her years of service and shared pictures of the Clearwater Beach Marina featured in a recent newspaper article and questioned what was being done to beautify the medians in N. Greenwood. Michael Phoutrides expressed concerns with comments made at the last council meeting stressing the importance of diversifying City Council. He said it was more important to judge councilmembers by their competence rather than skin color. Draft City Council Meeting Minutes October 21, 2021 Page 4 City of Clearwater Glenn Doten said he lives near Crest Lake Park and troubled by the constant noise created by drones flown at the high-power setting. He requested city code be amended to prohibit drones in city parks. 7. Consent Agenda – Approved as submitted, less Item 7.1. 7.1 Approve a proposal by Construction Manager at Risk Khors Construction, Inc. of Pinellas Park, Florida in the amount of $116,195.46 for the demolition and replacement of the existing deck at the Clearwater Beach Recreation Center located at 69 Bay Esplanade and authorize the appropriate officials to execute same. (consent) See Below 7.2 Approve acceptance of Tampa Bay Regional Planning Council Stormwater Outreach and Education Grant Award in the amount of $9,100 for Anti-Littering Campaign marketing materials and vehicle wraps and authorize the appropriate officials to execute same. (consent) 7.3 Approve a work order to Halff Associates, Inc. of Tampa, FL for the design of utility relocations associated with Lakeview at Keene Drainage Rd. Improvements, project 20-0038-UT, in the amount of $132,361.00 pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Consulting Services (EOR), and authorize the appropriate officials to execute same. (consent) 7.4 Approve a proposal from Biltmore Construction Co., Inc, of Belleair, FL for the 2021 Bridges Repair Project (20-0027-EN) in an amount of $3,900,259.00 pursuant to Request for Qualifications (RFQ) 40-20, Construction Manager at Risk for Continuing Contracts and authorize the appropriate officials to execute same. (consent) 7.5 Approve a renewable 5-year term Interlocal Agreement between Pinellas County Government and City of Clearwater to provide Ross Norton Recreational Complex as a Public Disaster Shelter during times of emergency and authorize the Clearwater Emergency Manager to execute same. (consent) 7.6 Approve a purchase order to Communications International of Vero Beach, FL for the maintenance and repair of the citywide two-way radio communication system and equipment in the amount of $165,564.00 for term October 1, 2021 through September 30, 2022 pursuant to Clearwater Code of Ordinances Section 2.563(1) (a), Single Source, and authorize the appropriate officials to execute same. (consent) 7.7 Approve a Legal Services Agreement with Unice Salzman Jensen for representation for the Municipal Code Enforcement Board and authorize the appropriate officials to execute same. (consent) 7.8 Approve a Legal Services Agreement with Trask Daigneault, LLP for representation for the Civil Service Board and authorize the appropriate officials to execute same. (consent) Draft City Council Meeting Minutes October 21, 2021 Page 5 City of Clearwater Councilmember Bunker moved to approve the Consent Agenda as submitted, less Item 7.1, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. 7.1 Approve a proposal by Construction Manager at Risk Khors Construction, Inc. of Pinellas Park, Florida in the amount of $116,195.46 for the demolition and replacement of the existing deck at the Clearwater Beach Recreation Center located at 69 Bay Esplanade and authorize the appropriate officials to execute same. (consent) On September 17, 2020, Council approved the award of RFQ 40-20, Construction Manager at Risk (CMAR) Services for Continuing Contracts to thirteen firms with Khors Construction, Inc., being one of the thirteen firms selected. The Clearwater Beach Recreation Center provides recreational opportunities for residents and visitors of Clearwater. The outdoor deck attached to the Center offers waterfront views of the surrounding intercoastal waterway and is a frequented venue for special events such as receptions and weddings. The current condition of the deck both structurally and in appearance requires extensive renovations. This proposal includes the removal of the existing deck and the design/build of a new deck. The design will incorporate additional structural components that will make the deck and railings stronger. This is a 90-day contract which will begin in June 2022 and will be completed by September 2022. APPROPRIATION CODE AND AMOUNT: Funds are available in CIP 93604 “Boardwalk & Docks Repair & Replacement” to fund this contract. Parks and Recreation Director Jim Halios said staff is requesting the item be continued since the pricing on the cable rail system that was requested at the work session was not obtained in time. One individual spoke in support. Vice Mayor Hamilton moved to continue Item 7.1 to November 4, Draft City Council Meeting Minutes October 21, 2021 Page 6 City of Clearwater 2021. The motion was duly seconded and carried unanimously. Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings 8.1 Approve amendments to the Clearwater Community Development Code Chapter 51, Flood Damage Prevention, to allow for the use of best available data when establishing flood hazard areas, including Pinellas County’s Vulnerability Assessment (2021), to address accessory structures used for parking and storage, to modify provisions for manufactured homes, to modify or delete various definitions, and to make other administrative amendments and pass Ordinance 9508-21 on first reading. (TA2021-08003) The City manages and regulates activities and development in its floodplains through provisions in Community Development Code Chapter 51. Flood Damage Prevention, the City’s Floodplain Management Ordinance, which was repealed and replaced with new regulations in 2018. Planning and Development, working closely with Engineering, has prepared Ordinance 9508-21, proposing amendments to the Floodplain Management Ordinance to address changes to the FEMA Flood Insurance Rate Map (FIRM) and Community Rating System (CRS), in addition to making other administrative changes. The new FIRM was automatically adopted on August 24, 2021, and the effective FIRM includes a significant decrease in base flood elevation (BFE) on Clearwater Beach, Sand Key, and Island Estates. Engineering Department staff and the Pinellas County Floodplain Administrator provided information about Pinellas County’s Sea Level Rise and Storm Surge Vulnerability Assessment [also known as the RESTORE Act Vulnerability Assessment (2021)], to City Council at its August 30, 2021 Work Session. The County’s Vulnerability Assessment utilizes additional and newer data, and projects that flood levels will not decrease as is suggested by the new FIRM and therefore the BFE should not be reduced in these areas. The proposed amendments would adopt the Vulnerability Assessment by reference and allow the City to utilize it to establish the flood hazard area and applicable BFE where it is more restrictive than the FIRM (i.e., for properties on Clearwater Beach, Sand Key, and Island Estates). Also, this year the Community Rating System 2021 Update was released which implements a Class 8 prerequisite to require manufactured homes to be elevated the same as other residential properties. All manufactured homes that are placed, replaced, or substantially improved in the Special Flood Hazard Area shall be elevated to at least the elevation required in the Florida Building Code, Residential Section. This means manufactured homes need to be elevated to the BFE plus 2 feet of freeboard. The proposed ordinance Draft City Council Meeting Minutes October 21, 2021 Page 7 City of Clearwater addresses this CRS prerequisite. Staff is also proposing several amendments identified by FEMA and the Florida Department of Emergency Management which were suggested for consistency with model ordinance language as well as other administrative amendments, including standards for accessory uses below BFE, modifying certain definitions and updating terminology. The Planning & Development Department has determined that the proposed text amendments to the Community Development Code are consistent with and further the goals, objectives and policies of the Comprehensive Plan and the Community Development Code as outlined in the staff report. The Community Development Board (CDB) will consider the proposed amendments at its regularly scheduled meeting on October 19, 2021, and the Planning and Development Department will report its recommendation at the October 21, 2021 City Council meeting. In response to questions, Lead Environmental Specialist Sarah Kessler said the exceptions depicted on Island Estates are elevations FEMA believed were high enough and were not included in the special flood hazard area. The homes that were not included in the special flood hazard area do not need to be rebuilt to a certain height level if ever razed. Pinellas County used a consultant and additional staff time to identify items that could lower the county CRS rating. Ms. Kessler said the City would need to adopt the same approach and hire additional staff in order to continue efforts needed to lower the City's CRS rating. Councilmember Allbritton moved to approve amendments to the Clearwater Community Development Code Chapter 51, Flood Damage Prevention, to allow for the use of best available data when establishing flood hazard areas, including Pinellas County’s Vulnerability Assessment (2021), to address accessory structures used for parking and storage, to modify provisions for manufactured homes, to modify or delete various definitions, and to make other administrative amendments. The motion was duly seconded and carried unanimously. Ordinance 9508-21 was presented and read by title only. Councilmember Beckman moved to pass Ordinance 9508-21 on first reading. The motion was duly seconded and upon on roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Draft City Council Meeting Minutes October 21, 2021 Page 8 City of Clearwater Councilmember Bunker and Councilmember Beckman 8.2 Continue to a date uncertain: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 2322 Anna Avenue, and pass Ordinances 9503-21, 9504-21, and 9505-21 on first reading. (ANX2021-08014) This voluntary annexation petition involves a 0.180-acre property consisting of one parcel of land occupied by a single-family dwelling. The property is located on the north side of Anna Avenue approximately 1,150 feet north of Drew Street. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City. The property is located in an enclave and is contiguous to existing city boundaries to the north and east. It is proposed that the property be assigned a Future Land Use Map designation of Residential Low (RL) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: • The property currently receives water service from Pinellas County. The closest sanitary sewer line is located in the adjacent Sharkey Road right-of-way to the north of the subject property. The applicant is aware that the City's sewer impact and assessment fees must be paid in full prior to connection and of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station #48 located at 1700 North Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The property will continue to receive water service from Pinellas County. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and • The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Draft City Council Meeting Minutes October 21, 2021 Page 9 City of Clearwater Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. • The proposed Residential Low (RL) Future Land Use Map category is consistent with the current Countywide Plan designation of the property. This designation primarily permits residential uses at a density of 5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District’s minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City’s Comprehensive Plan and Community Development Code; and • The property proposed for annexation is contiguous to existing city boundaries to the north and east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Bunker moved to continue Item 8.2 to a date uncertain. The motion was duly seconded and carried unanimously. 9. Second Readings - Public Hearing 9.1 Adopt Ordinance 9507-21 on second reading, vacating public right-of-way described as that certain portion of Rogers Street lying west of the east boundaries of lots 2 and 17, Wm. Brown’s Subdivision of Bayview, Florida, per map or plat thereof as recorded in plat book 1, page 13, of the public records of Hillsborough County, Florida, of which Pinellas County was formerly a part; and east of that portion of said Rogers Street vacated per Resolution No.69-18 as recorded in Official Records Book 3095, Page 79, of the public records of Pinellas County, Florida, and that portion of Rogers Street conveyed to the City Of Clearwater by deed recorded in Official Records Book 6302, Page 1729 of the public records of Pinellas County, Florida. Ordinance 9507-21 was presented and read by title only. Vice Mayor Hamilton moved to adopt Ordinance 9507-21 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Ayes: 5 - Mayor Hibbard, Vice Mayor Hamilton, Councilmember Allbritton, Councilmember Bunker and Councilmember Beckman 10. City Manager Reports – None. 11. City Attorney Reports Draft City Council Meeting Minutes October 21, 2021 Page 10 City of Clearwater The Mayor and Councilmembers thanked City Attorney Pam Akin for her dedicated years of service and wished her a happy retirement. 12. Closing comments by Councilmembers (limited to 3 minutes) Councilmember Bunker thanked the City Attorney for the reminder that diversity is a good thing. Councilmember Beckman said the Big Cleanup was successful and there were so many activities planned. She recognized Recreation Specialist Samantha Moullet and Sheri Heilman for their work in coordinating the event. Councilmember Allbritton said there were tons of trash collected during the Big Cleanup event with more still to be counted. He thanked the volunteers that participated and said everyone should do their part to pick up trash and throw it away. Vice Mayor Hamilton congratulated all the winners from the Amplify award event held last night; they were all qualified and deserving. He congratulated Jazz Holiday who made lemonade out of a bunch of lemons with Coachman Park not being available and moving the show to Baycare Ballpark; they did an incredible job considering all the issues they had to deal with. 13. Closing Comments by Mayor The Mayor said he had the opportunity to go to Pirate Camp at the Sand Key Sailing Center. Pirate Camp is open to children who were born without limbs or have lost limbs. He said this year the Camp served 45 families from all over the country. The Sailing Center has specially equipped sailboats for children with disabilities. There were 15 counselors who were also amputees, a majority of them performed in the Paralympics in Japan this year. It is a hidden gem in the city that is great for residents and visitors. He congratulated Ruth Eckerd Hall who raised a lot of money for education at their gala; kids are not turned away from Ruth Eckerd Arts programs because of the generosity of people. He congratulated the East Gateway Neighborhood Association for their first meeting. He congratulated Countryside High School who put on a college fair for the entire north county. He said Jazz Holiday was good and the Cleanup was dynamite. The Farmer’s Market is starting back up again and it was fun to have the Stanley Cup in Clearwater again. 14. Adjourn The meeting adjourned at 7:09 p.m. Draft City Council Meeting Minutes October 21, 2021 Page 11 City of Clearwater Mayor City of Clearwater Attest City Clerk Draft INDIVIDUAL SPEAKER Citizen Comment Card Name: D N U IS r 1 fLt, Address: brc- City: C Zip: X3'1 Telephone Number: 7c21 Lk? Email Address: ()U I`l Z-pnk Abe±' Speaking under citizens to be heard re items not on the agenda? Agenda item(s) to which you wish to speak. PEC _At,t.46 LJ A-T'E2 C z5,u tT TAS — C osi /J9 What is your position on the item? For Against Citizen Comment Card Name: Address: /L/, er /M/1° City: C/A2 Zip: Telephone Number: - rg' Email Address: Speaking under citizens to be heard re items not on the agenda? , , C Agenda item(s) to which you wish to speak: Cr//Zfr, /d efeeV What is your position on the item? For Against INDIVIDUAL SPEAKER Citizen Comment Card Name:, €'f/7/ Gt- 17"l?C 0 at Address: -Ten b.el t V city:(Lew/ buir ev Zip: 7SY-p Telephone Number: GI/ -7O - X76 Email Address: J 1"R 7 7/Y2 .( it e(3/1" 1Speakingundercitizenstobeheardre ` J items not on the agenda? Agenda item(s) to which you wish to speak. F. 40 rr 1 f s S a h,wai cci criekky- abilie43an (451,61-16- - GZ//l G e 7 "yid TVy11/\c5)1cr eali 11 "*". What is your position on the item? For Against Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9848 Agenda Date: 11/4/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve the budget increase of $115,000 and one full time equivalent position (FTE) for the addition of a new Assistant Director position in the General Fund CRA Administration Department. (consent) SUMMARY: The purpose of this item is to request approval for a new position, Assistant Director Community Redevelopment Agency, and associated costs. The funding for this position was approved in September 2021 at the Community Redevelopment Agency meeting as part of the CRA’s annual budget and Interlocal agreement with the City. The CRA is responsible for facilitating the revitalization of downtown Clearwater. The current implementation strategy calls for the development of several new grant programs, partnerships with community organizations, contracts with multiple media providers and redevelopment of CRA/City owned property. This is highly complex and highly visible work that requires an experienced practitioner in the field of communications and community development. Staff anticipates the creation of a new CRA that would be administered by this department in the next year. To successfully implement the CRA’s revitalization goals and accommodate a new CRA, a new position is needed. Finally, considering the ongoing pandemic, providing a back up to the Director position will ensure that CRA operations can be maintained when the Director is unable to work. If approved, the CRA anticipate hiring no later than January 2022. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will increase salaries in the CRA Administration cost code 0109212-510100, full time salaries, by $115,000. Amendments will also include an offsetting increase to transfer-in revenues from the CRA to fund this expenditure. Page 1 City of Clearwater Printed on 11/4/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9616 Agenda Date: 11/4/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Award a contract (purchase order) to D-Mar General Contracting and Development, Inc., of Clearwater, Florida, for $306,711.90, which includes a 10% contingency, to perform various air conditioner renovations and replacements needed throughout BayCare Ballpark, per Bid 16-0023-PR-BA, and authorize the appropriate officials to execute same. (consent) SUMMARY: A 20-year capital improvement (reserve) study was completed in Fiscal Year 2014/15 by Wannemacher Jenson Architects Inc. (WJA) and Delta Engineering for Baycare Ballpark (aka Spectrum/Bright House Field). As a result of the study, CIP budgets for the maintenance and upkeep of Baycare Ballpark were established. The study identified the need to replace all of the air-conditioning units beginning with Phase I in Fiscal Year 2016/17 when the cooling tower and main pumps were replaced. On October 5, 2016, the City Council awarded a contract to Kenyon & Partners Inc. (KPI), of Tampa, Florida, to complete Phase I. On October 19, 2017, the City Council awarded a contract to Kenyon & Partners, Inc. (KPI), of Tampa, Florida, to complete Phase II. The City issued Bid #16-0023-PR-BA for Phase III work to all qualified air conditioning contractors. Two bids were received, of which D-Mar General Contracting & Development, Inc. was the lowest most responsive bid. This contract is for Phase III and will include the removal and replacement of units and systems (19) at the ballpark. The replacement units will be Energy Star Certified where applicable and meet the guidelines of Greenprint 2.0. This contract is for a period of 90 Consecutive Calendar Days, to be complete prior to the Phillies 2022 Spring Season opening day. Due to modifications to Clearwater Greenprint 2.0, a change order for $6,050 will be brought forward for approval from the City Manager for line items #1 and #2, to upgrade the units (7) from replacement in-kind to Energy Star Certified units, with a minimum efficiency rating of 15 SEER and 12 EER. Page 1 City of Clearwater Printed on 11/4/2021 File Number: ID#21-9616 APPROPRIATION CODE AND AMOUNT: Funds are available in CIP 315-93205 “Baycare Ballpark Infrastructure Repairs/Improvements” to fund this contract. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 11/4/2021 SECTION V Page i Updated: 5/4/2020 SECTION V CONTRACT DOCUMENTS Table of Contents PUBLIC CONSTRUCTION BOND ......................................................................................................... 1 CONTRACT ................................................................................................................................................ 3 CONSENT OF SURETY TO FINAL PAYMENT .................................................................................. 7 PROPOSAL/BID BOND ............................................................................................................................ 8 AFFIDAVIT ................................................................................................................................................ 9 NON-COLLUSION AFFIDAVIT ........................................................................................................... 10 PROPOSAL ............................................................................................................................................... 11 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................... 13 BIDDER’S PROPOSAL ........................................................................................................................... 14 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ....................................................................................................................... 17 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM...... 18 SECTION V – Contract Documents SECTION V Page 1 of 18 Updated: 5/4/2020 Bond No.: ________________ PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER D-Mar General Contracting & Development, Inc. 1453 S. MKL Jr. Ave. Clearwater, FL 33756 (727) 561-4760 [name] [principal business address] [phone number] City of Clearwater Engineering 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4750 PROJECT NAME: BAYCARE BALLPARK HVAC RENOVATIONS – PHASE III PROJECT NO.: 16-0023-PR-BA PROJECT DESCRIPTION: removing and replacing 19 packaged rooftop units along with miscellaneous heating, ventilation & air conditioning (HVAC) work at the BayCare Ballpark, 601 Old Coachman Rd. Clearwater, FL 33765 BY THIS BOND, We, D-Mar General Contracting & Development, Inc., as Contractor, and __________________________________________________, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $306,711.90, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the contract dated _________________, between Contractor and Owner for construction of BAYCARE BALLPARK HVAC RENOVATIONS – PHASE III, the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and SECTION V – Contract Documents SECTION V Page 2 of 18 Updated: 5/4/2020 Bond No.:________________ PUBLIC CONSTRUCTION BOND (2) 3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). D-Mar General Contracting & Development, Inc. By: ____________________________ Title: ____________________________ Print Name: ____________________________ WITNESS: WITNESS: _______________________________________ _______________________________________ Corporate Secretary or Witness Print Name: ____________________________ Print Name: _____________________________ (affix corporate seal) _______________________________________ (Corporate Surety) By: _________________________________ ATTORNEY-IN-FACT Print Name: ___________________________ (affix corporate seal) (Power of Attorney must be attached) SECTION V – Contract Documents SECTION V Page 3 of 18 Updated: 5/4/2020 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and D-Mar General Contracting & Development, Inc., of the City of Clearwater, County of Pinellas, and State of Florida, hereinafter designated as the "Contractor". [Or, if out of state:] NOT APPLICABLE This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and _____________________________________, a/an _____________(State) Corporation authorized to do business in the State of Florida, of the City of ____________________ County of __________________________ and State of ____________, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: PROJECT NAME: BAYCARE BALLPARK HVAC RENOVATIONS – PHASE III PROJECT NO.: 16-0023-PR-BA in the amount of $________________ In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, technical specifications, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. SECTION V – Contract Documents SECTION V Page 4 of 18 Updated: 5/4/2020 CONTRACT (2) THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 725.06(2). In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the public construction bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SECTION V – Contract Documents SECTION V Page 5 of 18 Updated: 5/4/2020 CONTRACT (3) In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 727-562-4092, Rosemarie.Call@myclearwater.com, 600 Cleveland St. Clearwater, FL 33756 The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and SECTION V – Contract Documents SECTION V Page 6 of 18 Updated: 5/4/2020 CONTRACT (4) 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. j) A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: __________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: __________________________________________ Rosemarie Call City Clerk By: __________________________________ Approved as to form: Frank Hibbard Mayor __________________________________________ Owen Kohler Assistant City Attorney Contractor must indicate whether: ______ Corporation, ______ Partnership, ______ Company, or ______ Individual __________________________________________ (Contractor) By: _________________________ (SEAL) Print Name: ________________________________ Title: _____________________________________ The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation – provide Affidavit. SECTION V – Contract Documents SECTION V Page 7 of 18 Updated: 5/4/2020 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: BAYCARE BALLPARK HVAC RENOVATIONS – PHASE III Parks and Recreation PROJECT NO.: 16-0023-PR-BA 100 S. Myrtle Ave. CONTRACT DATE: [__________] Clearwater, FL 33756 BOND NO.: [__________], recorded in O.R. Book [____], Page [____], of the Public Records of Pinellas County, Florida. CONTRACTOR: D-Mar General Contracting & Development, Inc. Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: [insert name of Surety] [address] [address] ,SURETY, on bond of D-Mar General Contracting & Development, Inc. 1453 S. MLK Jr. Ave. Clearwater, FL 33756 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Parks and Recreation 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ___________, ______ __________________________________________ (Surety) __________________________________________ (Signature of authorized representative) __________________________________________ (Printed name and title) Attest: (Seal): DBE = NO DBE Y/N BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Remove and replace 2 ton packaged roof top unit and associated thermostat in kind. Provide new packaged roof top unit with ionization unit Plasma Air Plasma Pure AutoClean 1500 : RTUB-205 EA 1 $ 10,323.00 $ 10,323.00 $ 8,705.00 $ 8,705.00 2 Remove and replace 2.5 ton packaged roof top units and associated thermostats in kind. Provide new packaged roof top units with ionization unit Plasma Air Plasma Pure AutoClean 1500 : RTUA-306, RTUA-307, RTUA-308, RTUA-309, RTUA-310 & RTUA- 311. EA 6 $ 10,444.00 $ 62,664.00 $ 8,838.00 $ 53,028.00 3 Remove and replace 4 ton packaged roof top units and associated thermostats in kind. Provide new packaged roof top units with ionization unit Plasma Air Plasma Pure AutoClean 1500 : RTUB-201, RTUB-303, RTUB-312, RTUB-313 & RTUB-314. EA 5 $ 10,921.00 $ 54,605.00 $ 9,368.00 $ 46,840.00 4 Remove and replace 5 ton packaged roof top units and associated thermostats in kind. Provide new packaged roof top units with ionization unit Plasma Air Plasma Pure AutoClean 1500 : RTUB-203, RTUB-204 & RTUB-304. EA 3 $ 11,159.00 $ 33,477.00 $ 10,735.00 $ 32,205.00 5 Remove and replace 6 ton packaged roof top unit and associated thermostat in kind. Provide new packaged roof top unit with ionization unit Plasma Air Plasma Pure AutoClean 1500 : RTUB-202 EA 1 $ 13,824.00 $ 13,824.00 $ 13,505.00 $ 13,505.00 6 Remove and replace 6 ton packaged roof top unit and associated thermostat in kind. Provide new packaged roof top unit with duct mounted smoke detector to be interlocked with existing fire alarm system. Provide new packaged roof top unit with ionization unit Plasma Air Plasma Pure AutoClean 1500 : RTUB-302 EA 1 $ 13,933.00 $ 13,933.00 $ 14,534.00 $ 14,534.00 7 Remove and replace 7.5 ton packaged roof top units and associated thermostats in kind. Provide new packaged roof top units with duct mounted smoke detectors to be interlocked with existing fire alarm system. Provide new packaged roof top units with ionization unit Plasma Air Plasma Pure AutoClean 1500 : RTUB-301 & RTUB-305 EA 2 $ 13,396.00 $ 26,792.00 $ 15,452.00 $ 30,904.00 16-0023-PR-BA BayCare Ballpark HVAC Renovations - Phase IIIBID OPENING - August 12, 2021 AWARD - September 16, 2021 Air Mechanical & Service Corp. 4311 W. Ida Street Tampa, FL 33614 D-Mar General Contracting & Development, Inc. 1453 S. MLK Jr. Ave. Clearwater, FL 33756 8 Provide existing mini splits with ionization unit Plasma Air 602: AHU-301 & AHU-302 EA 2 $ 779.00 $ 1,558.00 $ 963.00 $ 1,926.00 9 Provide existing water source heat pumps with ionization units Plasma Air Plasma Pure AutoClean 1500: HP-201, HP-202, HP-203, HP-204, HP-205, HP-206, HP-207A, HP- 207B, HP-301, HP-302, HP-303, HP304, HP-305 & HP-306.EA 14 $ 883.00 $ 12,362.00 $ 1,078.00 $ 15,092.00 10 Provide existing packaged roof top units with ionization units Plasma Air Plasma Pure AutoClean 1500: RTU-101, RTU-207 & RTUB-315.EA 3 $ 883.00 $ 2,649.00 $ 1,078.00 $ 3,234.00 11 Provide Testing & Balance of HVAC System, Provide copy of Test & Balance report in O&M Manual LS 1 $ 12,240.00 $ 12,240.00 $ 12,087.00 $ 12,087.00 12 Extended 5 year warranty of all HVAC Compressors of bid items LS 1 $ 3,097.00 $ 3,097.00 $ - $ - 13 General Conditions/Supervision LS 1 $ 941.00 $ 941.00 $ 23,308.00 $ 23,308.00 14 Profit and Overhead LS 1 $ 42,239.00 $ 42,239.00 $ 15,961.00 $ 15,961.00 15 Performance bond LS 1 $ 3,518.00 $ 3,518.00 $ 7,500.00 $ 7,500.00 16 Sub Total of Items 1 - 15 $ 294,222.00 $ 278,829.00 17 10% Contingency of Line 16 Contingency funds shall only be utilized for items not included in the scope of work (lines 1-14), additional scope of work shall be provided in writing by the HVAC Contractor for approval by the Owner. Owner must approve additional scope of work in writing for utilization of contingency funds. Any contingency funds remaining shall be returned to the Owner by closing out purchase order short. LS 1 $ 29,422.20 $ 29,422.20 $ 27,882.90 $ 27,882.90 18 Grand total of lines 16 & 17 includes contingency. $ 323,644.20 $ 306,711.90 DBE DISADVANTAGED BUSINESS ENTERPRISE 1 Remove and replace 2 ton packaged roof top unit and associated thermostat with 15 SEER and 12 EER Energy Star® Certified Unit. Provide new packaged roof top unit with ionization unit Plasma Air Plasma Pure AutoClean 1500: RTUB-205 EA 1 $ 13,444.00 $ 13,444.00 $ 9,705.00 $ 9,705.00 2 Remove and replace 2.5 ton packaged roof top units and associated thermostats with 15 SEER and 12 EER Energy Star® Certified Unit. Provide new packaged roof top units with ionization and Plasma Air Plasma Pure AutoClean 1500: RTUA-306, RTUA-307, RTUA-309, RTUA-310 & RTUA-311 EA 6 $ 13,573.00 $ 81,438.00 $ 9,588.00 $ 57,528.00 Alternate Quoted Items replacing in kind with 15 SEER / 12 EER (lines 1 & 2 above) Bid Tabulations are not public until 30 days after bid opening or upon award by City Council, whichever occurs first. DBE = NO DBE Y/N BID ITEMS UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Remove and replace 2 ton packaged roof top unit and associated thermostat in kind. Provide new packaged roof top unit with ionization unit Plasma Air Plasma Pure AutoClean 1500 : RTUB-205 EA 1 $ 10,323.00 $ 10,323.00 $ 8,705.00 $ 8,705.00 2 Remove and replace 2.5 ton packaged roof top units and associated thermostats in kind. Provide new packaged roof top units with ionization unit Plasma Air Plasma Pure AutoClean 1500 : RTUA-306, RTUA-307, RTUA-308, RTUA-309, RTUA-310 & RTUA- 311. EA 6 $ 10,444.00 $ 62,664.00 $ 8,838.00 $ 53,028.00 3 Remove and replace 4 ton packaged roof top units and associated thermostats in kind. Provide new packaged roof top units with ionization unit Plasma Air Plasma Pure AutoClean 1500 : RTUB-201, RTUB-303, RTUB-312, RTUB-313 & RTUB-314. EA 5 $ 10,921.00 $ 54,605.00 $ 9,368.00 $ 46,840.00 4 Remove and replace 5 ton packaged roof top units and associated thermostats in kind. Provide new packaged roof top units with ionization unit Plasma Air Plasma Pure AutoClean 1500 : RTUB-203, RTUB-204 & RTUB-304. EA 3 $ 11,159.00 $ 33,477.00 $ 10,735.00 $ 32,205.00 5 Remove and replace 6 ton packaged roof top unit and associated thermostat in kind. Provide new packaged roof top unit with ionization unit Plasma Air Plasma Pure AutoClean 1500 : RTUB-202 EA 1 $ 13,824.00 $ 13,824.00 $ 13,505.00 $ 13,505.00 6 Remove and replace 6 ton packaged roof top unit and associated thermostat in kind. Provide new packaged roof top unit with duct mounted smoke detector to be interlocked with existing fire alarm system. Provide new packaged roof top unit with ionization unit Plasma Air Plasma Pure AutoClean 1500 : RTUB-302 EA 1 $ 13,933.00 $ 13,933.00 $ 14,534.00 $ 14,534.00 7 Remove and replace 7.5 ton packaged roof top units and associated thermostats in kind. Provide new packaged roof top units with duct mounted smoke detectors to be interlocked with existing fire alarm system. Provide new packaged roof top units with ionization unit Plasma Air Plasma Pure AutoClean 1500 : RTUB-301 & RTUB-305 EA 2 $ 13,396.00 $ 26,792.00 $ 15,452.00 $ 30,904.00 8 Provide existing mini splits with ionization unit Plasma Air 602: AHU-301 & AHU-302 EA 2 $ 779.00 $ 1,558.00 $ 963.00 $ 1,926.00 16-0023-PR-BA BayCare Ballpark HVAC Renovations - Phase IIIBID OPENING - August 12, 2021 AWARD - September 16, 2021 Air Mechanical & Service Corp. 4311 W. Ida Street Tampa, FL 33614 D-Mar General Contracting & Development, Inc. 1453 S. MLK Jr. Ave. Clearwater, FL 33756 9 Provide existing water source heat pumps with ionization units Plasma Air Plasma Pure AutoClean 1500: HP-201, HP-202, HP-203, HP-204, HP-205, HP-206, HP-207A, HP- 207B, HP-301, HP-302, HP-303, HP304, HP-305 & HP-306.EA 14 $ 883.00 $ 12,362.00 $ 1,078.00 $ 15,092.00 10 Provide existing packaged roof top units with ionization units Plasma Air Plasma Pure AutoClean 1500: RTU-101, RTU-207 & RTUB-315.EA 3 $ 883.00 $ 2,649.00 $ 1,078.00 $ 3,234.00 11 Provide Testing & Balance of HVAC System, Provide copy of Test & Balance report in O&M Manual LS 1 $ 12,240.00 $ 12,240.00 $ 12,087.00 $ 12,087.00 12 Extended 5 year warranty of all HVAC Compressors of bid items LS 1 $ 3,097.00 $ 3,097.00 $ - $ - 13 General Conditions/Supervision LS 1 $ 941.00 $ 941.00 $ 23,308.00 $ 23,308.00 14 Profit and Overhead LS 1 $ 42,239.00 $ 42,239.00 $ 15,961.00 $ 15,961.00 15 Performance bond LS 1 $ 3,518.00 $ 3,518.00 $ 7,500.00 $ 7,500.00 16 Sub Total of Items 1 - 15 $ 294,222.00 $ 278,829.00 17 10% Contingency of Line 16 Contingency funds shall only be utilized for items not included in the scope of work (lines 1-14), additional scope of work shall be provided in writing by the HVAC Contractor for approval by the Owner. Owner must approve additional scope of work in writing for utilization of contingency funds. Any contingency funds remaining shall be returned to the Owner by closing out purchase order short. LS 1 $ 29,422.20 $ 29,422.20 $ 27,882.90 $ 27,882.90 18 Grand total of lines 16 & 17 includes contingency. $ 323,644.20 $ 306,711.90 DBE DISADVANTAGED BUSINESS ENTERPRISE Bid Tabulations are not public until 30 days after bid opening or upon award by City Council, whichever occurs first. BayCare Ballpark projects FY 2021/22Item ProjectCost Actual v. Estimated1Structural Repairs – Miscellaneous structural repairs including caulking, painting, repair of concrete Spalding etc. Approved by City Council October 7. $356,407.70Actual2HVAC Replacements – Third phase of HVAC replacements needed in the stadium. Scheduled for City Council meeting of November 4.$312,761.90Actual3 Roof repairs - Miscellaneous roof, repairs water proofing. Scheduled for City Council meeƟng of November 4. $129,719.70Actual 4Refurbish and repair Half Field – regrade and replace grass, clay warning track and base anchors on half field. $110,000Estimated5Seating refurbishment – Refurbish all plastic seats in the seating bowl. $190,000Estimated6Replacement of marquee sign on east side of stadium.$110,000Estimated7Create bunting station – replace bullpen with artificial turf.$98,000EstimatedTotal projected cost of all projects$1,306,889.30 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9839 Agenda Date: 11/4/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve a contract (purchase order) from Garland/DBS, Inc., of Cleveland, Ohio, for roof restoration and repairs of sections A2 and A3 of BayCare Ballpark, in an amount not to exceed $129,719.70, which includes a 10% contingency, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c) Cooperative Contracts and authorize the appropriate officials to execute same. (consent) SUMMARY: A 20-year capital improvement (reserve) study was completed in Fiscal Year 2014/15 by Wannemacher Jenson Architects Inc. (WJA) and Delta Engineering for BayCare Ballpark (aka Spectrum/Bright House Field). As a result of the study, CIP budgets for the maintenance and upkeep of BayCare Ballpark were established. The study identified a phased approach to address restoration and repairs of select portions of the stadium and clubhouse roofing. This contract will provide for renovations to the existing roofing in sections A2 and A3 of the stadium. The work will consist of cleaning, repair and recoating of surfaces, reinforcing of beams, and repairs to coping, flashing, and waterproofing. The proposed pricing is established under a Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Racine County, WI and OMNIA Partners, Public Sector, and is available to all members of the U.S. Communities Cooperative, of which the City of Clearwater is a member. Cooperative Purchasing Agreement #PW1925 expires on October 14, 2024. This contract is for a period of 60 days, to be completed prior to the Phillies 2022 Spring Season opening day. APPROPRIATION CODE AND AMOUNT: Funds are available in CIP 315-93205 “Baycare Ballpark Infrastructure Repairs/Improvements” to fund this contract. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 11/4/2021 General Notes: 1. 2. 3. 4. 5. Roof Sections A2 & A3 - Energizer Restoration Scope of Work: 1. 2.Replace damaged modified membrane with new torch-applied modified membrane. Cold applied field repairs are not permitted. All wood blocking shall be pressure treated. MICPA # PW1925 Florida General Contractor License #: CGC1517248 Scope of Work: Sections A2 & A3 Roof Restoration and Repairs It is the roofing contractor's responsibility to familiarize themselves will al details involved in the roofing contract and to verify all existing conditions prior to commencement of work. The roofing contractor shall protect all adjacent surfaces not scheduled for work and to repair any damaged areas as a result of contractor work at no additional cost to the Owner. Purchase orders to be made out to: Garland/DBS, Inc. Please Note: The following budget/estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Racine County, WI and OMNIA Partners, Public Sector (U.S. Communities). The line item pricing breakdown from Attachment C: Bid Form should be viewed as the maximum price an agency will be charged under the agreement. Garland/DBS, Inc. administered an informal competitive process for obtaining quotes for the project with the hopes of providing a lower market-adjusted price whenever possible. Contractor shall field verify all dimensions, conditions, and quantites. Using the information gathered from infrared thermal scan, remove all areas of wet insultion back down to roof deck (square off). Replace insulation with new. Insulation heights shall match existing. Date Submitted: 10/06/2021 Proposal #: 25-FL-210963 Garland/DBS, Inc. 3800 East 91st Street Cleveland, OH 44105 Phone: (800) 762-8225 Fax: (216) 883-2055 ROOFING MATERIAL AND SERVICES PROPOSAL City of Clearwater BayCare Field 601 Old Coachman Rd Clearwater, FL 33765 The roofing contractor shall be responsible to maintain water tightness and provide protection at any/all openings in the roof left at the end of each construction day. Page 1 of 5 3. 4. 5. 6. 7. 8. 9. 10. Metal Coping & Single-Ply Membrane: 1. 2. a. b. c. d. ADDENDUM 1 1. 2. 3. a. Install polyester reinforcement - run fabric parallel to the low edge using a shingle method up the slope with minimum 4" fabric laps. Apply top coat of Energizer at a rate of 3.0 Gal per 100 Sq. Ft. using a notched squeegee. Back roll top coat to ensure smooth surface and eliminate fabric wrinkles. Within 5 minutes, immediately broadcast standard 3M roof granules into top coat at a rate of 6lbs. Per 100 Sq. Ft. Flashing/curb repairs: Leave existing modified membrane flashing in place. Add UniBond 4" seam tape to existing flashing seams. Install two coats of polyurethane fluid applied system. At all internal drain locations, install new aluminum retrofit drains. Install target over top prior to restoration coating. Prime the field of the roof with Garla-Prime at a rate of 0.5 - 0.75 Gal per 100 Sq. Ft. Allow at least 30 minutes to dry but no more than 48 hours. Apply base coat of Energizer at a rate of 3.0 Gal per 100 Sq. Ft. using a notched squeegee. On parapet wall - single-ply membrane: Roofing contractor will need to power wash these areas prior to installing seam tape and White-Knight Plus coating. Install base coat of White-Knight Plus at a rate of 1.5 - 2.0 Gal per 100 Sq. Ft. Allow base coat to dry 24 hours but no more than 72 Install top coat of White-Knight Plus at a rate of 1.5 - 2.0 Gal per 100 Sq. Ft. Infrared Thermal Scan cost to be included by Garland/DBS and is not the responsibility of the roofing contractor. This work will be done prior to the start of the project. Roofing contractor to include line-item cost for wet roof/insulation replacement. Existing roof is tapered polyisocyanurate insulation, multi-ply built-up modified membrane roof system (A3 - concrete deck, A2 - metal deck). Roofing contractor to include basic preventative maintenance on all other roof sections (noted/walked during pre-bid). These items include: cleaning debris/granules around internal roof drains, sealing chem-curbs with mastic and mesh (estimate of 20 drains + 25 chem curbs). No other work is needed outside of the minor items noted. Scope of work clarification: On roof systems receiving energizer restoration, there is no need to power wash the existing modified membrane cap sheet. Surface should be power broomed or blown clean. No dust or dirt remaining. Prime existing roof surface and allow to dry. Do not allow quick dry asphalt primer to sit longer than 24 hours before coating installation. Re-prime where required. Allow system to cure 7-10, roofing contractor to come back and sweep/remove excess granules. Existing metal coping: Make repairs where needed and identified by aerial overview and pre-bid meeting. Existing coping chairs have come loose. Remove sections of coping and reinstall. Existing white single-ply membrane on parapet walls: Power wash existing membrane Add UniBond 4" seam tape to membrane seams Page 2 of 5 Item #Unit Price Quantity Unit Extended Price 15.26 1.96$ 7,200 SF 14,112$ 23.02 1.54$ 6,000 SF 9,240$ 15.11 6.84$ 6,000 SF 41,040$ 15.30 8.66$ 850 LF 7,361$ 71,753$ RESTORATIONS - RECOATING OF EXISTING ROOF SYSTEMS : RESTORATION OF SMOOTH- SURFACED OR MINERAL-SURFACED ASPHALT- BASED ROOF WITH GLASS FIBERED ASPHALT EMULSION Prepare Roof Surface to be Clean & Free of Dust; Repair All Splits Tears of Blisters with a Three Course Application of Mastic / Mesh / Mastic (USE SEPARATE LINE ITEM); Prime the Roof Surface at a Rate of 1/2 Gallon per Square. Apply Asphalt Emulsion in a 2 Coat Application at a Rate of 2.5 Gallons per Square per Coat. Sub Total Prior to Multipliers Attachment C: Bid Form - Line Item Pricing Breakdown Item Description Cleaning & Caulking: Pressure Wash to Clean Vertical Surfaces RESTORATIONS - RECOATING OF EXISTING ROOF SYSTEMS : RESTORATION OF SMOOTH- SURFACED BURs/MODIFIED BURS ROOF SYSTEMS WITH SINGLE-COMPONENT URETHANE & REINFORCED SEAMS Prepare Roof Surface by Cleaning with TSP or Simple Green, Use Portable Blowers to Clear the Roof Surface of Moisture; Reinforce Seams by Applying a Single-Component, Aliphatic Urethane 2 Gallons per Square / Reinforcement / 1 Gallon per Square (3 Gallons per Square on Seams) USE SEPARATE LINE ITEM, Wait 24-48 Hours, Apply Single-Component, Aliphatic Urethane as a Base Coat at a Rate of 2 Gallons per Square and a Top Coat of 1.5 Gallons per Square Over the Entire Roof According to Manufacturer's Specifications. RESTORATIONS - RECOATING OF EXISTING ROOF SYSTEMS : REINFORCING SEAMS WITH SINGLE-COMPONENT URETHANE Reinforce Seams by Applying a Single-Component, Aliphatic Urethane 2 Gallons per Square / Reinforcement / 1 Gallons per Square (3 Gallons per Square on Seams) Page 3 of 5 22.01 24 71,753$ %17,221$ 22.03 20 71,753$ %14,351$ 22.08 18 71,753$ %12,916$ 22.20 15 71,753$ %10,763$ 127,003$ 127,003$ Proposal Price Based Upon Market Experience:117,927$ Garland/DBS Price Based Upon Local Market Competition: TarHeel Roofing, Inc. Springer-Peterson Roofing & Sheet Metal Southern Roofing Co. MULTIPLIER - ROOF SIZE IS GREATER THAN 5,000 SF, BUT LESS THAN 10,000 SF Multiplier is applied when Roof Size is greater than 5,000 SF, but less than 10,000 SF. Situation creates the fixed costs: equipment, mobilization, demobilization, disposal, & set-up labor to be allocated across a smaller roof area resulting in fixed costs being a larger portion of the overall job costs Total After Multipliers MULTIPLIER - DIFFICULT ROOF OR BUILDING ACCESS Multiplier is applied when labor production is effected by roof or building access. Situations that can cause roof access to be more difficult include, but are not limited to: no access for lifts or cranes, access is dependent upon road closure, access point requires the closure of a building entrance, roof level is not accessible from the ground, roof area is interior to adjacent roofs or roof materials and materials and equipment must be loaded to one roof area and carried to another roof area, roof materials and equipment must be carried to the roof through an interior building access point, no or limited staging areas on the ground, etc. 117,927$ 129,612$ 257,070$ Base Bid Total Maximum Price of Line Items under the MICPA: MULTIPLIER - ROOF HEIGHT IS GREATER THAN 20 FT, BUT LESS THAN OR EQUAL TO 50 FT STORIES Multiplier is applied when labor production is effected by the roof height. This multiplier applies to roof heights that exceed an estimated 2 stories, but are less than or equal to an estimated 5 stories. Additional roof height can require increased safety requirements, larger lift equipment, tie-offs, etc. MULTIPLIER - MULTIPLE MATERIAL STAGINGS Multiplier is applied when labor production is effected by the time it takes to stage a roof multiple times. Situations include, but are not limited to staging materials to perform work on multiple roof levels, planned shutdowns and restarts, portion of the job is over sensitive work areas requiring staging from more than one point, etc. Page 4 of 5 Unforeseen Site Conditions: Wood Blocking (Nailer) Replacement per Bd. Ft. Additional Insulation Replacement per Bd. Ft. Decking Replacement per Sq. Ft. Clarifications/Exclusions: 1. 2. 3. 4. 5. 6. Respectfully Submitted, Matt Egan Garland/DBS, Inc. (216) 430-3662 If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below. Matt Egan Please Note – The construction industry is experiencing unprecedented global pricing and availability pressures for many key building components. Specifically, the roofing industry is currently experiencing long lead times and significant price increases with roofing insulation and roofing fasteners. Therefore, this proposal can only be held for 30 days. DBS greatly values your business, and we are working diligently with our long-term suppliers to minimize price increases and project delays which could effect your project. Thank you for your understanding and cooperation. 9.92$ 10.49$ 31.12$ Any work not exclusively described in the above proposal scope of work is excluded. Permits are excluded. Bonds are included. Plumbing, Mechanical, Electrical work is excluded. Masonry work is excluded. Interior Temporary protection is excluded. Page 5 of 5 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9871 Agenda Date: 11/4/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.4 SUBJECT/RECOMMENDATION: Approve a Purchase Order with Michael S. Williams d/b/a Athletic Services of Clearwater, FL, for athletic field maintenance services, in an amount of $250,000.00 for the term November 1, 2021 through May 10, 2022 with two, one-year renewal options in an annual not to exceed amount of $250,000.00 pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Parks and Recreation Department is responsible for over fifty athletic fields, which include the playing surfaces at the Carpenter Complex and BayCare Ballpark. These fields are utilized frequently for citywide special events and programs, co-sponsored activities, and tournaments, which ultimately can affect the playing condition of the field for athletic usage due to equipment and foot traffic patterns. This piggyback contract will assist the department with the overall maintenance and resurfacing services for various athletic fields located throughout the city on an annual basis. The athletic field services include aerating, excavation of damaged turf and substrates, debris removal, regrading and rototilling, and final grading of turf surfaces to proper specifications and elevations as required by MLB, MLS, and NCAA standards. The proposed pricing is established under a contract awarded by the Pinellas County School Board, per Bid #21-968-206, Athletic Field Services, for an initial term expiring May 10, 2022, with two, one-year renewal options. Staff is requesting approval for an amount of the initial term equal to subsequent years due to resurfacing projects which are currently planned. APPROPRIATION CODE AND AMOUNT: Funds are available in Fiscal Year 21/22 departmental budgets in various operating and capital codes and will be budgeted accordingly in future fiscal years. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 11/4/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9917 Agenda Date: 11/4/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 7.5 SUBJECT/RECOMMENDATION: Approve a proposal by Construction Manager at Risk Khors Construction, Inc. of Pinellas Park, Florida in the amount of $129,399.75 for the demolition and replacement of the existing deck at the Clearwater Beach Recreation Center located at 69 Bay Esplanade and authorize the appropriate officials to execute same. (consent) SUMMARY: On September 17, 2020, Council approved the award of RFQ 40-20, Construction Manager at Risk (CMAR) Services for Continuing Contracts to thirteen firms with Khors Construction, Inc., being one of the thirteen firms selected. The Clearwater Beach Recreation Center provides recreational opportunities for residents and visitors of Clearwater. The outdoor deck attached to the Center offers waterfront views of the surrounding intercoastal waterway and is a frequented venue for special events such as receptions and weddings. The current condition of the deck both structurally and in appearance requires extensive renovations. This proposal includes the removal of the existing deck and the design/build of a new deck. The design will incorporate additional structural components that will make the deck and railings stronger. At the direction of City Council, staff received additional pricing for the alternative construction of select components of the deck, including swapping wooden balusters for stainless steel Atlantis cable, hardware, and additional grab bars at an increased cost of $13,204.29. Staff is recommending approval of the alternate construction options for enhanced longevity and appearance of the deck components. This is a 90-day contract which will begin in June 2022 and will be completed by September 2022. APPROPRIATION CODE AND AMOUNT: Funds are available in CIP 93604 “Boardwalk & Docks Repair & Replacement” to fund this contract. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 11/4/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9759 Agenda Date: 11/4/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.6 SUBJECT/RECOMMENDATION: Approve a Guaranteed Maximum Price (GMP) to Walbridge, of Tampa, FL, for the Marshall Street WRF Sand Filters Rehabilitation (20-0011-UT) in an amount of $1,681,538.00 pursuant to RFQ 40-20, Construction Manager at Risk Services for Continuing Contracts; approve Supplement 1 Work Order to Tetra Tech, Inc., of Tampa, FL, for construction and engineering inspections services in the amount of $118,682.00 for a new contract total of $152,572.00, pursuant to RFQ 26-19, Engineer of Record Consulting Services, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City operates twelve sand filters at the Marshall Street Water Reclamation Facility (WRF). The filters are designed to remove particulates; however, plant operations have reported several instances of the filters’ cells binding, reducing its capability to handle increased flows during rain events which can lead to sanitary sewer overflows. The purpose of this project is to rehabilitate the sand filters and associated equipment at the Marshall Street WRF. Scope includes removal and replacement of media, inspection and repair of damaged components and the Chem Clean System. Walbridge was selected under RFQ 40-20 as one of the approved firms based on construction experience, financial capability, availability of qualified staff, local knowledge and involvement in the community which was approved by Council on September 17, 2020. On May 17, 2021, a work order was initiated with Engineer of Record (EOR) Tetra Tech, Inc., to provide design services in the amount of $33,890.00. Supplemental 1 Work Order is for construction engineering and inspection services during the construction phase in the amount of $118,682.00 bringing the new contract total to $152,572.00. Tetra Tech, Inc., was selected under RFQ 26-19 and approved by Council on June 20, 2019. Construction is anticipated to be completed within 270 calendar days from issuance of Notice to Proceed. The City of Clearwater’s Public Utilities Department is responsible for owning, operating, and maintaining the MS WRF. APPROPRIATION CODE AND AMOUNT: 3217321-530100-96213 $ 118,682 3217321-546700-96213 $1,681,538 Funds are available in capital improvement project 96213, Marshall Street Upgrade, to fund this project. Page 1 City of Clearwater Printed on 11/4/2021 Tetra Tech, Inc. City of Clearwater Consultant Work Order Page 1 of 8 Revised: 10/07/2021 CONSULTANT WORK ORDER Supplemental 1 Date: 10/07/2021 1. PROJECT INFORMATION: Project Title: Marshall Street WRF Sand Filters Rehabilitation City Project Number: 20-0011-UT City Plan Set Number: 2021005 Consultant Project Number: 200-41125-21003 2. SCOPE OF SERVICES: The City of Clearwater (City) has requested assistance from Tetra Tech in rehabilitating the sand filters at the City’s Marshall Street Water Reclamation Facility (WRF). The filters are Hydro Clear® pulsed-bed sand filters which were originally placed in service in June 1990 and have 12 poured-in-place concrete filter cells. An upgrade of the filters was completed in 2012 with the filter routines of Air Mix, Pulse Mix, Backwash and Chemical Clean. A subcontractor will complete the construction of the project as part of a Construction-Manager-At-Risk (CMAR) delivery. The rehabilitation of the sand filters will incorporate the following (as determined necessary): Removal of the media and debris from all 12 cells. Disposal of spent media and debris. Cleaning of the filter cells. Installation of new media. Replacement of Level Switches. Remove abandoned airlines and route temporary exterior ones through existing (or new) conduit. Replacement of wire mesh support screens. Replacement of Hold-Down beams, clips angles and anchors, diffusers, diffusers pipes, drop pipes and other components and mounting hardware in each cell as necessary. Leveling of v-notch weirs in each cell. CONSULTANT WORK ORDER Marshall Street WRF Sand Filters Rehabilitation Tetra Tech, Inc. 20-0011-UT City of Clearwater Consultant Work Order Page 2 of 8 Revised: 10/07/2021 Replacement of each cell’s inlet valve. Replacement of each cell’s trough valve. Evaluation and repair of Chemical Clean System to restore it to automatic operation. Concrete repair of walls in each cell. Tetra Tech’s scope of services during this phase will include the following general tasks: Construction phase services. The detailed project tasks are outlined below: IV. CONSTRUCTION PHASE Services: For this Work Order, Tetra Tech will provide the following construction administration, observation and project close-out services for the filter rehabilitation. These services are based on a construction duration of 259 calendar days (49 days for submittals and 210 days for construction). This is based on the schedule submitted by the CMAR. Task 4.1: Construction Administration Tetra Tech will perform the following construction administration services: Prepare for and attend one (1) preconstruction meeting. Tetra Tech will prepare the meeting agenda and record and distribute the meeting minutes. Attend, in person, up to seven (7) progress meetings for the contracted construction period. It is expected that the CMAR will prepare each meeting’s agenda and Tetra Tech will record and distribute the meeting minutes. Provide interpretation or clarification of the design documents when requested including responding to CMAR’s RFIs and claims. Consultant anticipates 6 RFIs and clarifications of the contract documents. Review up to 20 shop drawings and other submittals up to two (2) times per submittal for general conformance with the Contract Documents. Review applications for payment, quantities and the accompanying data and schedule, determine the amounts owed to the Contractor and advise the City of the recommended payments. CMAR shall create and maintain submittal log including shop drawings, substitution requests, requests for information, and change order requests. Consultant shall work with the CMAR to maintain the log. CONSULTANT WORK ORDER Marshall Street WRF Sand Filters Rehabilitation Tetra Tech, Inc. 20-0011-UT City of Clearwater Consultant Work Order Page 3 of 8 Revised: 10/07/2021  Attend six (6) substantial completion site visits to determine if the project has been completed in accordance with the Contract Documents. Tetra Tech will coordinate with Evoqua to develop a punch list of items to be corrected by the Contractor. Each substantial completion visit is assumed to be prior to media placement within the rehabilitated filter bed.  Conduct one (1) final completion inspection to determine if the punch list items have been completed. Task 4.2: Construction Observation To better ensure that the Project is constructed in accordance with the Contract Documents, the Tetra Tech will provide the construction observation services throughout the duration of construction. Based on the schedule submitted by the CMAR, the construction duration is 30 weeks. Therefore, total on-site construction observation hours are estimated to be 24 hours per week for a 30-week period. An additional 32 hours of buffer is also included in this estimate for a total of 752 hours. The role, limitations and responsibilities of the Tetra Tech are set forth below:  Provide onsite observation to verify compliance with the Contract Documents and inform the City of progress and any observed deficiencies.  Prepare field reports for the portion of the day on site, documenting construction activities and submit them to the City for review on a weekly basis.  Review the Contractor’s red-line as-builts on site on a monthly basis.  Observation inspections as Tetra Tech deems necessary. Task 4.1: Project Closeout Tetra Tech will perform the following Project Closeout services:  Prepare record drawings, incorporating changes made to original design during construction based on record information furnished by the CMAR and provide one (1) flash drive with an electronic version of the record documents to the City in PDF-format and ACAD format.  Prepare a project catalog that includes all of the construction documentation, including files of correspondence, meeting minutes, Contract Documents, change orders, field orders, RFI’s, work change directives, addenda, additional drawings issued subsequent to the Contract, progress reports, shop drawing and progress submittals, regulatory correspondence and other project related documents. At the conclusion of the project, Tetra Tech will combine the CONSULTANT WORK ORDER Marshall Street WRF Sand Filters Rehabilitation Tetra Tech, Inc. 20-0011-UT City of Clearwater Consultant Work Order Page 4 of 8 Revised: 10/07/2021 information into a project catalog and submit to the City for review and comment. The project catalog will be submitted electronically. One round of City review and comment is budgeted. Upon receipt and inclusion of City comments, Tetra Tech will provide a final project catalog in electronic format. V. CONTINGENCY: A Time and Materials Not-to-Exceed (T&M, NTE) CEI contingency of 10% is included to support the implementation of this project. 3. PROJECT GOALS: Tetra Tech will prepare the following deliverables:  Record Drawings  Project Catalog 4. FEES: See Attachment “A”. This price includes all labor and expenses anticipated to be incurred by Tetra Tech for the completion of these tasks in accordance with Professional Services Method “A” – Hourly Rate (Cost Times Multiplier Basis), for a fee not to exceed one hundred eighteen thousand six hundred eighty one dollars ($118,681). 5. SCHEDULE: It is anticipated that the project schedule will be as follows from notice to proceed (NTP): Calendar Days Per Task Total Calendar Days from NTP Shop Drawings Review 49 49 Construction Duration 210 210 CONSULTANT WORK ORDER Marshall Street WRF Sand Filters Rehabilitation Tetra Tech, Inc. 20-0011-UT City of Clearwater Consultant Work Order Page 5 of 8 Revised: 10/07/2021 6. STAFF ASSIGNMENT: City’s staff assignments include: Project Manager Kaylynn Price Utilities Engineering Manager Jeremy Brown, PE Public Utilities Director Richard Gardner, PE Public Utilities W.E.T. Manager Jason Jennings Public Utilities Assistant Manager Mike Flanigan Public Utilities Chief Operator (MS WRF) Ryan Alexander Tetra Tech’s staff assignments include: Senior Project Manager Michael Saxton, PE Senior Engineer Kevin Friedman, PE Engineer of Record Tyler Achotegui, PE 7. CORRESPONDENCE/REPORTING PROCEDURES: Tetra Tech’s project correspondence shall be directed to the Project Manager with copies to Senior Engineer. All City project correspondence shall be directed to the Project Manager, with copies to the Utilities Engineering Manager and Public Utilities Assistant Director. A health and safety plan will be prepared by Tetra Tech and submitted to the City Project Manager prior to mobilizing to each site. Tetra Tech shall provide a minimum of forty-eight (48) hours’ notice prior to conducting fieldwork/site visits. Tetra Tech shall provide a minimum of seven (7) days notification for site visits requiring the assistance of City Operations and Maintenance personnel. Notification will be provided by Tetra Tech for employees of Tetra Tech. Tetra Tech acknowledges that all City directives shall be provided by the City Project Manager. In addition to the original copies delivered as stated in the scope of work, all deliverables will be submitted in electronic format prior to approval of final invoice. CONSULTANT WORK ORDER Marshall Street WRF Sand Filters Rehabilitation Tetra Tech, Inc. 20-0011-UT City of Clearwater Consultant Work Order Page 6 of 8 Revised: 10/07/2021 8. INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater, Engineering Department Att. Brooke Freeman, Accountant PO Box 4748 Clearwater, Florida 33758-4748. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 3217321-530100-96213 9. INVOICING PROCEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: 1. Purchase Order, Project and Invoice Numbers and Contract Amount. 2. The time period (begin and end date) covered by the invoice. 3. A short narrative summary of activities completed in the time period. 4. Contract billing method – Lump Sum or Cost Times Multiplier. 5. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). 6. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). 7. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. CONSIDERATIONS: Consultant acknowledges the following: 1. The Consultant named above is required to comply with Section 119.0701, Florida Statutes, where applicable. 2. All City directives shall be provided by the City Project Manager. CONSULTANT WORK ORDER Marshall Street WRF Sand Filters Rehabilitation Tetra Tech, Inc. 20-0011-UT City of Clearwater Consultant Work Order Page 7 of 8 Revised: 10/07/2021 3. “Alternate equals” shall not be approved until City Project Manager agrees. 4. All submittals must be accompanied by evidence each has been internally checked for QA/QC before providing to City. 5. Consultants/Contractors are not permitted to use City-owned equipment (i.e. sampling equipment, etc.). 6. Documents posted on City website must ADA accessible. 11. ADDITIONAL CONSIDERATIONS: All work orders should include considerations for the following: 1. Sea Level Rise and Flood Resilience, as applicable. 2. Submittal of a Critical Path Method (CPM) Schedule(s). 3. Submittal of a Project Catalog with the following items, as appropriate: a. Data requests, assumptions, critical correspondence, meeting agenda, sign-in sheets, meeting minutes, document comment-response log(s), technical memorandum/reports, addenda, progress reports, regulatory correspondence, and other project-related documents. b. If construction project, also include design plans, conformed plans, change orders, field orders, RFIs, work change directives, addenda, progress reports, shop drawing and progress submittals, as-builts, record drawings, and other project-related documents such as O&M manuals and warranty information. c. At the conclusion of the project, ENGINEER will combine this information into a Project Catalog and submit to the City for review and comment. 4. Arc Flash labeling requirements: a. All electrical designs and construction shall adhere to NFPA 70 E “Standard for Electrical Safety in the Workplace”. b. Updated calculations of Fault and Arc Flash, and provisions for new or updated Arc Flash equipment labeling shall be included in the contract documents. 12. SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes where applicable. CONSULTANT WORK ORDER Marshall Street WRF Sand Filters Rehabilitation Tetra Tech, Inc. 20-0011-UT City of Clearwater Consultant Work Order Page 8 of 8 Revised: 10/07/2021 13. SIGNATURES: PREPARED BY: APPROVED BY: Michael Saxton, P.E. Tara Kivett, P.E. Senior Project Manager City Engineer Tetra Tech City of Clearwater Date Date 10/07/2021 ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE Marshall Street WRF Sand Filters Rehabilitation Tetra Tech, Inc. 20-0011-UT City of Clearwater Consultant Work Order – Project Fees Table Page 1 of 1 Revised: 10/07/2021 CONSULTANT WORK ORDER PROJECT FEES TABLE Task Description Subconsultant Services Labor Total 4.0 Construction Phase Services 4.1 Construction Administration - $23,563 $23,563 4.2 Construction Observation - $78,260 $78,260 4.3 Project Closeout - $6,070 $6,070 Construction Phase Services Total: $107,893 SUBTOTAL, LABOR AND SUB-CONTRACTORS: $107,893 5.0 Contingency (10%) $10,789 GRAND TOTAL: $118,682 ATTACHMENT “B” CONSULTANT WORK ORDER – CITY DELIVERABLES Marshall Street WRF Sand Filters Rehabilitation Tetra Tech, Inc. 20-0011-UT City of Clearwater Consultant Work Order – City Deliverables Page 1 of 1 Revised: 10/07/2021 CONSULTANT WORK ORDER CITY DELIVERABLES 1. FORMAT: The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES: The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address Tom.Mahony@myClearwater.com. All electronic files (including CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. HARBOR DR RUSSELL ST N MADISON AVE TANGERINE ST S T E V E N S O N'S D R D O U G L A S A V E MARSHALL ST CLAIRE DR HOLT AVE DOUGLAS AVE AERIAL MAP SAND FILTERS Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\20-0011-UT_MS_WRF_Aer.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:Page: 1 of 16/11/2021Date:Aerial Flown 2019 Marshall St. WRF Sand Filters RefurbishmentProject Number: 20-0011-UT WDMap Gen By:KPReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9870 Agenda Date: 11/4/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 7.7 SUBJECT/RECOMMENDATION: Approve an Interlocal Agreement with Pinellas Suncoast Transit Authority (PSTA) for the autonomous vehicle (AV) pilot program and authorize the appropriate officials to execute same (consent). SUMMARY: This Agreement enables PSTA, in conjunction with BEEP Inc., to deploy two AVs in Clearwater Beach, south of the roundabout. The route is a loop on S. Gulfview Boulevard, from Pier 60 to Parkway Drive, with five passenger stops using existing bus stop pullout lanes, one parking space and possibly, in a private commercial parking lot. City staff will ensure appropriate pavement markings are placed and the roadway surface is free of potholes. PSTA will coordinate with the City on installing temporary “Autonomous Vehicle testing” caution signs on existing speed limit signposts. PSTA procured a suitable AV storage location at the Edge Hotel on S. Gulfview Boulevard. Beep has installed their global navigation system on the roof of the Edge Hotel and expects to perform a mapping exercise in late October. PSTA, BEEP and their contractor are in process of coordinating with the City to obtain the required electrical permit to provide power for AV charging stations at the Edge Hotel. This pilot is anticipated to start in mid-November for a three-month period with an agreement termination no later than March 31, 2022. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 11/4/2021 Page 1 of 9 AUTOMONOMOUS VEHICLES INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT (“Agreement”) is made and entered into as of this ______ day of __________, 2021 by and between the City of Clearwater, Florida (“City”) and Pinellas Suncoast Transit Authority (“PSTA”) (collectively, “the Parties”). RECITALS WHEREAS, PSTA and the City seek to improve resident and visitor mobility within the City; and WHEREAS, the Tampa Bay Area Regional Transit Authority (TBARTA) is supportive of autonomous vehicle pilot projects and has executed a Memorandum of Understanding (MOU) with PSTA in support of autonomous vehicle operations in the City of Clearwater; and WHEREAS, PSTA has entered into an agreement with Beep, Inc. (“BEEP”) to deploy two Olli 1.0 autonomous vehicles (“AV” or “AVs”) on a pre-determined route, (the “Route”) as shown in Exhibit A, in the City (“the AV Project”); and WHEREAS, in order to prepare for the deployment of the AV Project, certain roadway improvements and preparations within the City are necessary; and WHEREAS, the City and PSTA have worked in partnership to develop and analyze what roadway improvements are needed in preparation for the deployment of the AV Project; and WHEREAS, the City desires to perform and maintain such roadway improvements in order to effectuate the deployment of the AV Project; and NOW, THEREFORE, for and in consideration of the foregoing recitals (all of which are hereby adopted as an integral part of this Agreement), the mutual promises, covenants, and conditions herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and PSTA hereby agree as follows: 1. PURPOSE The City and PSTA desire to enter into this Agreement for the performance of certain roadway improvements and preparations in order to effectuate the deployment of the AV Project. 2. DESCRIPTION OF THE IMPROVEMENTS The improvements to be performed and maintained by the City in order to effectuate the deployment of the AV Project consist of certain roadway improvements more particularly described in Section 3(A) (the “Improvements”). Page 2 of 9 3. CITY’S RESPONSIBILITIES A. In order to effectuate the deployment of AV Project, the City shall perform and maintain the following Improvements: a. Route Infrastructure Improvements: i. Repair of any potholes or other major imperfections (as determined by the City) in the Route roadway that may interfere with the AV Vehicle operations; and ii. Removal or maintenance of vegetation (including tree trimming, hedges, decorative grass, etc.) or other obstructions within the Route that may interfere with the AV Project’s operations; and iii. Access to a secure rooftop, if available, for the installation of a Global Navigation Satellite System (GNSS) base station (“GNSS Base Station”) in a mutually acceptable location within ¼ mile or less from the centerline of the proposed Route on City property. The City shall not be responsible for the installation or maintenance of the GNSS Base Station or any costs associated therewith. If a secure rooftop on City property is not available, PSTA is responsible for gaining access to a secure rooftop on other property. (1) If the GNSS Base Station is installed on City property, PSTA shall remove or cause to be removed the GNSS Base Station and any associated equipment and materials after the conclusion of the AV Project on a date and at a time mutually agreeable to the Parties. b. Stop Infrastructure Improvements: i. the design, construction and/or installation of ADA compliant landing pad and ramp improvements at AV Project stop locations that do not currently have such infrastructure. B. Ground Support: in the event the City permits an event to take place that obstructs the path of the AV shuttles or changes the operating environment temporarily, the City will use best efforts to provide PSTA with seven days’ notice of such events. C. Except as otherwise set forth herein, the City shall be solely responsible for the cost, performance, and maintenance of the Improvements. D. The City shall approve temporary Route signage developed, produced, and installed by PSTA if such signage is deemed acceptable by the City and is compliant with applicable requirements of the City’s Community Development Code (the “City Code”). The City acknowledges that such signage is considered ‘government signage” under section 3-1803 of the City Code, and as such is exempt from permitting requirements under the existing City Code. Furthermore, the City acknowledges that pursuant to Section 7 of Chapter 00- 424, Laws of Florida, as amended, PSTA is exempt from any permit fees for any permit required for the signage. To the extent practicable, the City will expedite any permit approvals associated with the signage. Page 3 of 9 E. The City shall provide PSTA with documentation of the Improvements that are performed and their associated value as these costs will count as an in-kind match to the FDOT grant PSTA received for the AV Project. F. The City shall identify a single point of contact representing the City (“City Representative”), who will convey AV Project information to the PSTA Representative (defined herein) and facilitate performance of the Improvements as required by this Agreement. G. The City will ensure the participation and engagement of Clearwater Fire and Rescue (CFR) and Clearwater Police Department (CPD) personnel to be trained for emergency response related to the AV Project service vehicles and passenger safety. 4. PSTA’S RESPONSIBILITIES: A. PSTA shall be responsible for contracting with the necessary persons or entities to accomplish the deployment of the AV Project, including professional services for the onboarding and commissioning of the AVs, as well as managed services for the complete service, management, maintenance, and operations of the AVs required for a successful deployment. PSTA shall be solely responsible for deploying, maintaining, and operating the AV Project, in PSTA’s sole discretion, including but not limited to selection of a contractor, preparation of the specifications and final plans for the AV Project, and ensuring that all necessary licenses and permits are obtained for the AV Project. Nothing herein shall be construed as a restriction on PSTA’s ability to select such contractor, to refuse to enter into a contract with a contractor, or take any other action during the deployment process. B. PSTA shall not be liable to the City for any delays in deploying the AV Project, including but not limited to any delays in connection with PSTA’s contractor(s), supplier(s) or agents thereof. C. PSTA shall designate a single point of contact representing PSTA (“PSTA Representative”), who shall coordinate with the City Representative for all matters pertaining to the AV Project as defined in this Agreement. D. PSTA shall develop, produce, and install signage at stops along the demonstration Route. Such signage must comply with the applicable requirements of the City Code. The City acknowledges that such signage is considered ‘government signage” under section 16.40.120.10 of the City Code, and as such is exempt from permitting requirements under the existing City Code. Furthermore, the City acknowledges that pursuant to Section 7 of Chapter 00-424, Laws of Florida, as amended, PSTA is exempt from any permit fees for any permit required for the signage. E. PSTA shall work with the selected contractor to provide emergency response training on the AVs for Clearwater Fire and Rescue (CFR) and Clearwater Police Department (CPD) in advance of the deployment. Page 4 of 9 F. PSTA shall obtain written concurrence from the City if changes to the Route need to be made. G. Storage Facility & Facility Improvements: a. PSTA shall obtain access to a storage facility, if available, within a secure area in a mutually acceptable location within ¼ mile or less from the centerline of the proposed Route in a low speed path. If a storage facility on City property is not available, PSTA is responsible for gaining access to a storage facility on other property. b. If the City provides PSTA access to a storage facility, such facility must be able to accommodate the following AV Project support infrastructure and improvements (“Storage Facility Improvements”): i. 200V, 32AMP charging, supporting (National Electrical Manufacturers Association (NEMA) 1450 plugs, ii. Charger installation for autonomous shuttle charging, iii. Access to water for the cleaning of the vehicles, iv. Clearing of non-transit related items in the facility, and c. PSTA shall obtain any reasonable associated improvements required for the storage of the AV shuttles. The City shall not be responsible for the performance, installation or maintenance of the Storage Facility Improvements or any costs associated therewith. 5. NO LIABILITY The City and PSTA shall be responsible for their respective employees’ acts of negligence when such employees are acting within the scope of their employment and shall only be liable for any damages resulting from said negligence to the extent permitted by Section 768.28, Florida Statues. Nothing contained in this Agreement is intended to nor shall it be construed as an additional waiver of any immunity from liability that the City or PSTA may be entitled to under the doctrine of sovereign immunity beyond the expressed written contractual obligations of the City and PSTA contained in this Agreement. Nothing herein shall be construed as consent by the City or PSTA to be sued by third parties in any matter arising out of this Agreement. 6. PSTA CONTRACTORS PSTA shall require all persons and entities (including, but not limited to, BEEP) who access City property to perform activities related to the AV Project (“each, a “Third Party”) to defend, hold harmless and indemnify the City, its officers, employees, agents, elected and appointed officials and volunteers (collectively, the “Indemnified Parties”) to the same extent that PSTA will be indemnified in its agreement with the Third Party and for any claims, loss, damage or injury arising out of or in connection with the Third Party’s use of City property. PSTA shall also require any Third Party to name the Indemnified Parties and PSTA as additional insureds under all insurance policies which PSTA requires any Third Party to obtain. At the City’s request, PSTA shall provide the City with Third Party Certificates of Insurance reflecting all required insurance coverage. Additionally, PSTA shall require any Third Party to acknowledge and agree in writing that (i) the City shall not be responsible or liable for damage or destruction of property or any other Page 5 of 9 interest of the Third Party, regardless of cause and (ii) all Third Party property of every kind and description which may at any time be on City property shall be at the Third Party’s sole risk. 7. TERMINATION This agreement may be terminated by either party upon breach of a material term by the other party. However, prior to terminating this Agreement pursuant to this subsection, the non- breaching party must provide at least fifteen (15) days’ written notice to the breaching party providing an opportunity to cure the breach. If the breach is not cured within said cure period, the non-breaching party may terminate this Agreement upon written notice to the other party. If access to a storage facility is not obtained as set forth in paragraph 4.G above, no later than December 1, 2021, either Party may terminate this Agreement upon written notice provided to the other Party no later than December 16, 2021. 8. EFFECTIVE DATE AND TERM OF AGREEMENT PSTA shall be responsible for filing this Agreement with the Clerk of the Circuit Court of Pinellas County and this Agreement shall be effective on the date of such filing. The term of this Agreement shall commence on the effective date of this Agreement and shall terminate upon the termination of the AV Project, as determined in PSTA’s sole discretion, unless earlier terminated as provided for herein. Provided, however, this Agreement shall terminate no later than March 31, 2022. The full duration of the AV Project shall be four (4) months, which shall include one month for set up, break down, and shuttle testing and three (3) months for service. 9. AMENDMENTS This Agreement may be modified or amended only by a document in writing executed by the City and PSTA with the same formality of this Agreement. 10. GOVERNING LAW The laws of the State of Florida shall govern this Agreement. 11. RELATIONSHIP OF PARTIES Nothing contained herein shall be deemed or construed by the parties, nor by any third party, as creating the relationship of principal and agent or landlord and tenant or of partnership or of joint venture between the City and PSTA. Page 6 of 9 12. SEVERABILITY Should any paragraph or portion of any paragraph of this Agreement be rendered void, invalid or unenforceable by any court of law for any reason, such determination shall not render void, invalid or unenforceable any other section or any part of any other section of this Agreement. 13. NOTICES Unless and to the extent otherwise provided in this Agreement, all notices, demands, requests for approvals and other communications which are required to be given by one party to another shall be in writing and shall be deemed given and delivered on the date delivered in person, upon the expiration of five (5) days following the date mailed by registered or certified mail, postage prepaid, return receipt requested to the address provided below, or upon the date delivered by overnight courier (signature required) to the address provided below. If to PSTA: If to the City: Chief Executive Officer City Manager Pinellas Suncoast Transit Authority City of Clearwater 3201 Scherer Drive P.O. Box 4748 St. Petersburg, Florida 33716 Clearwater, FL 33758 Phone (727) 540-1807 Phone (727) 562-4040 Email Bmiller@psta.net Email micah.maxwell@myclearwater.com With required copy to: Alan S. Zimmet, General Counsel Bryant Miller Olive, P.A. One Tampa City Center, Suite 2700 Tampa, FL 33602 Phone (813) 273-6677 Email Azimmet@bmolaw.com 14. ENTIRE AGREEMENT This Agreement reflects the full and complete agreement between the City and PSTA regarding the subject matter contained herein and supersedes all prior or contemporaneous agreements (whether oral or written) between them regarding the subject matter contained herein. 15. SURVIVAL All obligations and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. Page 7 of 9 16. NON-APPROPRIATION The obligations of the City as to any funding required pursuant to this Agreement shall be limited to an obligation in any given year to budget, appropriate and pay from legally available funds, after monies for essential City services have been budgeted and appropriated, sufficient monies for the funding that is required during that year. Notwithstanding the foregoing, the City shall not be prohibited from pledging any legally available non-ad valorem revenues for any obligations heretofore or hereafter incurred, which pledge shall be prior and superior to any obligations of the City pursuant to this Agreement. In the event PSTA, in its sole discretion, determines that sufficient budgeted funds are not available to appropriate for its respective costs of the AV shuttle program, PSTA shall notify the City of such occurrence, and this Agreement shall automatically terminate and be of no further force or effect. 17. FORCE MAJEURE Neither party shall be liable for its non-performance or delayed performance under this Agreement if caused by Force Majeure. Force Majeure shall be defined as a fire, flood, act of God, war, terrorism, riot, national emergency, sabotage, civil disturbance, strike, labor dispute, governmental act, law, ordinance, rule or regulation, or events which are not the fault or are beyond the control of the party. 18. COMPLIANCE WITH LAWS City and PSTA shall comply with all applicable federal, state, and local laws, ordinances, rules and regulations, the federal and state constitutions, and orders and decrees of any lawful authorities having jurisdiction over the matter at issue (“Laws”). 19. COUNTERPARTS; ELECTRONIC SIGNATURE This Agreement may be executed in any number of counterparts, each of which is deemed to be an original, and such counterparts collectively constitute a single original Agreement. Additionally, each party is authorized to sign this Agreement electronically using any method authorized by applicable law and City and PSTA policies. Page 8 of 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF CLEARWATER, FLORIDA ATTEST By: _________________________ By: _________________________ Frank V. Hibbard Rosemarie Call Mayor City Clerk (SEAL) By: _________________________ Micah Maxwell Interim City Manager Approved as to Form and Content _____________________________ Matthew J. Mytych, Esq. Assistant City Attorney PINELLAS SUNCOAST TRANSIT AUTHORITY ATTEST By:___________________________ By:_______________________ Brad Miller, Chief Executive Officer Rachael Cappolla, Executive Assistant Approved as to form: _________________________ Alan S. Zimmet, General Counsel Page 9 of 9 EXHIBIT A – AV DEMONSTRATION ROUTE MAP The AV demonstration project will be conducted on the proposed route depicted above. The route is primarily located on Gulfview Blvd. in Clearwater, FL starting in the vicinity of Pier 60 and ending on Parkway Dr. The AV shuttle will operate on a continuous loop between the termini. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9836 Agenda Date: 11/4/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.8 SUBJECT/RECOMMENDATION: Authorize an increase on Contract 900280 to SHI International Corp. of Somerset, NJ for the license and services agreements with Microsoft, Inc. for cloud office management software licensing, software maintenance, cloud storage, cloud services and professional services in an amount of $300,000.00 for a new not-to-exceed amount of $2,175,000.00 for the remainder of the term ending June 30, 2023, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City migrated to Microsoft’s Office 365 Cloud Services in 2017. The terms of the Microsoft services and licensing model requires that the City annually review and update license subscriptions and adjust subscription fees for each user accessing the MS Office Suite products via the internet. The contract modifications include additional cloud-based administration and security features for the City’s Azure, Office365 and SharePoint environments. This increase will cover all software licensing and maintenance for the remaining contract term and includes a contingency of approximately $60,000.00. SHI International was selected through a piggyback off the State of Florida contract which was approved by Council on June 14, 2017 for a six-year term in the amount of $1,582,114.90. On June 7, 2018, Council authorized an increase of $292,885.10 bringing the contract total to $1,875,000.00 for cloud office management software licensing, software maintenance, cloud storage, cloud services and professional services. With this increase, the total amount for the remainder of the contract term will be $2,175,000.00. SHI International is the State’s sole provider of Microsoft Licensing. APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in the Information Technology Admin Services budget for the current support year, and out years will also be included and charged back to user departments in the respective Information Technology Admin Services budgets. Page 1 City of Clearwater Printed on 11/4/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9837 Agenda Date: 11/4/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.9 SUBJECT/RECOMMENDATION: Authorize a purchase order to Sun Print Management of Tampa, FL for copier and printer services for the period of November 1, 2021 through October 21, 2024 in a not-to-exceed amount of $480,000.00 pursuant to Clearwater Code of Ordinances Section 2.563 (1)(c), Piggyback contract, and authorize the appropriate officials to execute same. (consent) SUMMARY: Sun Print Management was selected after a price comparison and contracted via piggyback off of the School Board of Clay County, Bid #18-SCH-89, Laser Printer-Cost Per Print Program. Sun Print Management provides hardware, printing supplies and support services for the City’s 72 copiers as well as support services for an additional 58 printers. Sun Print Management has provided copier and printer support services to the City since 2017. The School Board of Clay County extended their service agreement through October 21, 2024. APPROPRIATION CODE AND AMOUNT: Monthly invoices are processed by the IT and charged back to departments based upon specific print/copy volumes. Chargebacks are processed in departmental operating budgets to line item 544100 (rental equipment/services). USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 11/4/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9854 Agenda Date: 11/4/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Information Technology Agenda Number: 7.10 SUBJECT/RECOMMENDATION: Approve an agreement (purchase order) to Century Link Communications, LLC dba Lumen Technologies Group (Lumen), of Bloomfield, CO for telecommunications and internet services in the amount of $425,000.00 from October 1, 2021 through March 30, 2024 in accordance with Clearwater Code of Ordinances Section 2.563 (1)(d), Non-competitive purchase, and authorize the appropriate officials to execute same. (consent) SUMMARY: Lumen is the incumbent internet service provider (ISP) and telecommunications provider for the City’s primary internet gateway and phone switch lines. Previously the contract was run through Time-Warner, then Level 3 Communications, and now Lumen. Payments for these services will continue to be made to Level 3 Communications which became part of Lumen in 2017. Service agreements for internet and telecommunications services were previously managed as separate and distinct agreements; changes in purchasing practices require that all services with a single vendor be combined under a single agreement and purchase order. Lumen currently provides ISP services at city offices and the Municipal Services Building under existing service orders. Additional ISP services are being added to accommodate the Real-Time Crime Center and to enhance Citywide service levels. For the term defined the charges are as follows: Internet Services (data): $170,000.00 @ 3 locations Telecommunications Services (voice): $235,000.00 ~5% Contingency: $20,000.00 APPROPRIATION CODE AND AMOUNT: Funds are budgeted and available in the annual IT Admin Services budget. Page 1 City of Clearwater Printed on 11/4/2021 Document No. DOC-0000953541 Scenario: SM10029679 Service Order Confidential Page 1 of 3 Customer Information and Contract Specifications Customer Name: City of Clearwater, FL Account Number: 2-P9XJ96 Currency: USD Monthly Recurring Charges (MRC): $696.08 Non Recurring Charges (NRC): 0 Service Order Service Address Description Order Type Term (Months) Qty Unit MRC Unit NRC Total MRC Total NRC 645 PIERCE ST CLEARWATER FLORIDA 33756 5400 UNITED STATES Dedicated Internet Access New 36 1 - Standard Delivery - To the MPoE (Customer Provided) Access - On Net New 36 1 $155.20 $0.00 - Bandwidth = GigE - Access Sub Bandwidth=500 Mbps IP Port 1 $0.00 $0.00 $0.00 $0.00 IP Logical 1 $540.88 $0.00 $540.88 $0.00 - Billing Method=Flat Rate - Peak Data Rate in Mbps=500 - Committed Data Rate in Mbps=500 Subtotal $696.08 $0.00 Totals $696.08 $0.00 *If the Service Address column above is blank, no Service Address is required for the Service or the Service Address is identified as a data center in the Description column. SLED Terms and Conditions Governing This Order 1. "Lumen" is defined for purposes of this Order as CenturyLink Communications, LLC d/b/a Lumen Technologies Group and its affiliated entities providing Services under this Order. Notwithstanding any statements to the contrary, this Order is not confidential and is subject to the applicable state or municipal public records laws governing Customer. This Order is non-binding until accepted by Lumen, as set forth in section 4. Customer places this Order by signing (including electronically or digitally) or otherwise acknowledging (in a manner acceptable to Lumen) this document and returning it to Lumen. Pricing is valid for 90 calendar days from the date indicated unless otherwise specified. 2. Prior to installation, Lumen may notify Customer in writing (including by e-mail) of price increases due to off-net vendors or increased construction costs. Customer has 5 business days following notice to terminate this Order without liability; or otherwise, Customer is deemed to accept the increase. Document No. DOC-0000953541 Scenario: SM10029679 Service Order Confidential Page 2 of 3 3. If a generic demarcation point (such as a street address) is provided, the demarcation point for on-net services will be Lumen's Minimum Point of Entry (MPOE) at such location (as determined by Lumen). Off-net demarcation points will be the off-net vendor's MPOE. If this Order identifies aspects of services that are procured by Customer directly from third parties, Lumen is not liable for such services. 4. The service(s) identified in this Order (the "Service(s)") is/are subject to the current, unexpired services agreement between Customer and Lumen ("Existing Agreement") provided that, if a service attachment describing the Services is not included in the Existing Agreement, then the current standard applicable Lumen Service Attachment(s) will apply in addition to the Existing Agreement. If Customer and Lumen do not have a current Existing Agreement, then the current applicable Lumen Master Service Agreement(s), State, Local and Education Government Agencies Version, Public Safety Version for public safety services, or E-Rate Version for E-Rate eligible services (each, a "Lumen MSA"), and applicable Service Attachment(s) for the Services described in this Order will govern, copies of which are available upon request. Customer will accept and pay all charges indicated on invoices for the Services. Notwithstanding anything in any Existing Agreement to the contrary, Lumen will notify Customer of acceptance of requested Service in this Order by delivering (in writing or electronically) the date by which Lumen will install Service (the "Customer Commit Date"), by delivering the Service, or by the manner described in a Service Schedule. Lumen will deliver a written or electronic notice that the Service is installed (a "Connection Notice"), at which time billing will commence. At the expiration of the Service Term, Service will continue month-to-month at the existing rates, subject to adjustment by Lumen on 30 days' written notice. If the Existing Agreement governs and does not include early termination charges and if Customer cancels or terminates Service for any reason other than Lumen's uncured default or if Lumen terminates due to Customer's uncured default, then Customer will pay Lumen's standard early termination liability charges as identified in the Ancillary Fee Schedule at: www.lumen.com/ancillary-fees. 5. Neither party will be liable for any damages for lost profits, lost revenues, loss of goodwill, loss of anticipated savings, loss of data or cost of purchasing replacement service, or any indirect, incidental, special, consequential, exemplary or punitive damages arising out of the performance or failure to perform under this Order. Customer's sole remedies for any nonperformance, outages, failures to deliver or defects in Service are contained in the service levels applicable to the affected Service. 6. All transport services ordered from Lumen will be treated as interstate for regulatory purposes. Customer may certify transport service as being intrastate (for regulatory purposes only) in a format as required by Lumen, but only where the transport services are sold on a stand-alone basis, the end points for the service are located in the same state and neither end point is a Lumen provided IP port ("Intrastate Services"). Where Customer requests that services be designated as Intrastate Services, Customer certifies to Lumen that not more than 10% of Customer's traffic utilizing the Intrastate Services will be originated or terminated outside of the state in which the Intrastate Services are provided. Such election will apply prospectively only and will apply to all Intrastate Services stated in this Order. 7. Charges for certain Services are subject to (a) a monthly property tax surcharge and (b) a monthly cost recovery fee per month to reimburse Lumen for various governmental taxes and surcharges. Such charges are subject to change by Lumen and will be applied regardless of whether Customer has delivered a valid tax exemption certificate. For additional details on taxes and surcharges that are assessed, visit www.lumen.com/taxes. 8. Customer will pay Lumen's standard: (a) expedite charges (added to the NRC) if Customer requests a delivery date inside Lumen's standard interval duration (available upon request or in Control Center at https://www.centurylink.com/business/login/) and (b) unless otherwise set forth in a Service Attachment, the ancillary charges for additional activities, features or options as set forth in the Ancillary Fee Schedule, available at www.lumen.com/ancillary-fees. If Lumen cannot complete installation due to Customer delay or inaction, Lumen may begin charging Customer and Customer will pay such charges. 9. For certain services, equipment provided by Lumen to be located in Customer's premises ("CPE") is subject to the Document No. DOC-0000953541 Scenario: SM10029679 Service Order Confidential Page 3 of 3 terms of the Customer Premise Equipment Addendum. A copy of the CPE Addendum and a list of services to which it applies is available upon request. For colocation, data center and/or hosting services, pre-arranged escorted access may be required at certain locations, and cross connect services are subject to whether facilities are available at the particular location to complete the connection. 10. Compliance with Laws. The parties comply with all laws and regulations applicable to the execution of this Order and to the provision of Services by Lumen, including, as applicable, procurement laws or regulations regarding cumulative purchases of Services by Customer. 11. E-Rate and/or RHC/HCF Funding. If Customer applies for or seeks E-Rate and/or RHC/HCF funding for the Service(s) to be provided under this Order, Customer's Service(s) will be governed by a current eligible Existing Agreement, or if Customer and Lumen do not have a current eligible Existing Agreement, the Lumen E-Rate MSA or Lumen SLED MSA with the E-Rate and/or RHC/HCF Program Addendum will apply and must be executed contemporaneously with this Order. Additional Order Terms Invoices Single prices shown above for bundled Services, or for Services provided at multiple locations, will be allocated among the individual services for the purpose of applying Taxes and regulatory fees and also may be divided on Customer’s invoice by location served. Activation Support If requested by Customer, and for an additional charge, Lumen will provide assistance with activating and/or configuring equipment on Customer’s side of the Demarcation Point (“Activation Support”). Signature Block Customer: City of Clearwater, FL Signature: Name: Title: Date: Customer and the individual signing above represent that such individual has the authority to bind Customer to this Agreement. Document Generation Date: 08-06-2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9858 Agenda Date: 11/4/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 7.11 SUBJECT/RECOMMENDATION: Authorize a purchase order to H and H Liquid Sludge Disposal, Inc of Branford, FL and Merrell Bros, Inc of Kokomo, IN for the hauling and disposal of biosolids in a cumulative not-to-exceed amount of $2,778,000.00 for the period of November 5, 2021 through November 4, 2024 with the option of two, one-year renewals in a cumulative annual not-to-exceed amount of $926,000.00, pursuant to Invitation to Bid (ITB) 45-21, Biosolids Management Services, and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid 45-21, Biosolids Management Services was issued on August 10, 2021. The City received four responsive bid submittals pursuant to the requirements set forth in the solicitation. H&H Liquid Sludge Disposal, Inc and Merrell Bros, Inc. represents the lowest responsive, most responsible bidders in accordance with the bid specifications. The City of Clearwater’s three Water Reclamation Facilities (WRFs) produce a residual product (biosolids) that requires hauling and disposal. The contractors are required to provide two primary services: (1) Biosolids (Dewatered Cake) to Residuals Management Facility (RMF); and (2) Liquid Biosolids (Approximately 5% Total Solids) From East WRF to Northeast WRF and/or the Marshall Street WRF. In addition to the primary services, alternative services were included as an option in the solicitation for which unit prices were provided in the contractors’ bid as a secondary means of hauling and disposal, should specific requirements develop at one or more of our facilities. The contractor accepts full responsibility and liability for the hauling and disposal of biosolids from the points of loading at the City’s WRFs, in accordance with Chapter 62-640, F.A.C., and shall be responsible to comply with existing Florida Department of Environmental Protection (FDEP), the United States Environmental Protection Agency (USEPA) residuals treatment and disposal regulations, all other applicable federal, state and local regulations, and any changes made to these regulations during the contract period. The initial contract period will be November 5, 2021 through November 4, 2024, with the option for two, one-year renewal terms available to the City. Renewal Terms allow for cost increases based on the Consumer Price Index for all Urban Consumers (CPI-U). Renewal prices shall be firm for the respective annual term. APPROPRIATION CODE AND AMOUNT: Budgeted funds for FY22 are available in Public Utilities’ cost centers, cost code 530300 Other Contractual Services. Page 1 City of Clearwater Printed on 11/4/2021 File Number: ID#21-9858 Funding for future fiscal years (FY23 through FY24) will be requested within contract calendar and spending limits. Page 2 City of Clearwater Printed on 11/4/2021 v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #45-21 Biosolids Management Services August 10, 2021 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, September 9, 2021 to provide Biosolids Management Services. Brief Description: The City of Clearwater is seeking bids from qualified Vendors to provide wastewater biosolids management services for the Public Utilities Department’s three (3) wastewater reclamation facilities (WRF). Bids 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. Bid 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 following Procurement Analyst: Eryn Berg Procurement Analyst Eryn.Berg@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS BIOSOLIDS MANAGEMENT SERVICES 2 ITB #45-21 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 Procurement Website for addenda and clarifications prior to submitting their bid. The City cannot be held responsible if a Vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a bid. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No Date/Time: August 19, 2021 at 9:00 a.m. Location: Marshall Street Water Reclamation Facility (WRF) 1605 Harbor Drive Clearwater FL 33755 The attending group will then move the Northeast WRF, 3290 State Road 580, Safety Harbor, FL 34695 and then onto to the East WRF, 3141 Gulf-to-Bay Blvd., Clearwater, FL 33759. If so designated above, attendance is mandatory as a condition of submitting a bid. 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: September 9, 2021 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting the Procurement Division. i.5 BID FIRM TIME: 120 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. INSTRUCTIONS BIOSOLIDS MANAGEMENT SERVICES 3 ITB #45-21 PERFORMANCE SECURITY: Yes, equal to annual bid amount No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 BID SUBMITTAL 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 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City Procurement Office as the official time. i.9 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment. i.10 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk. INSTRUCTIONS BIOSOLIDS MANAGEMENT SERVICES 4 ITB #45-21 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 bid. Bidders are cautioned to verify their bids before submission, as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.12 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the bid is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the bid. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the Vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. i.16 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. INSTRUCTIONS BIOSOLIDS MANAGEMENT SERVICES 5 ITB #45-21 i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.18 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve the purpose of this Article, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from Vendors for product evaluation. 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 Procurement Policy and Procedures. If any discrepancy exists between this Section and the Procurement Policy, the language of the Procurement Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Officer no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable procurement ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater – Procurement Division 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION BIOSOLIDS MANAGEMENT SERVICES 6 ITB #45-21 i.22 EVALUATION PROCESS. Bids will be reviewed by the Procurement Division and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. i.23 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.24 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. a) Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the bidder is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review bidder’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Price. We will then evaluate the bids that have met the requirements above. i.25 COST JUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. i.26 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.27 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Procurement’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant bid information and notices. i.28 BID TIMELINE. Dates are tentative and subject to change. Release ITB: 8/10/2021 Advertise Tampa Bay Times: 8/11/2021 Bids due: 9/09/2021 Review bids: 9/09/2021 – 9/15/2021 Award recommendation: 9/15/2021 Council authorization: 10/4/2021 Contract begins: October 2021 STANDARD TERMS AND CONDITIONS BIOSOLIDS MANAGEMENT SERVICES 7 ITB #45-21 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 STANDARD TERMS AND CONDITIONS BIOSOLIDS MANAGEMENT SERVICES 8 ITB #45-21 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. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. STANDARD TERMS AND CONDITIONS BIOSOLIDS MANAGEMENT SERVICES 9 ITB #45-21 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. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the STANDARD TERMS AND CONDITIONS BIOSOLIDS MANAGEMENT SERVICES 10 ITB #45-21 contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. STANDARD TERMS AND CONDITIONS BIOSOLIDS MANAGEMENT SERVICES 11 ITB #45-21 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 Procurement Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. STANDARD TERMS AND CONDITIONS BIOSOLIDS MANAGEMENT SERVICES 12 ITB #45-21 S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. STANDARD TERMS AND CONDITIONS BIOSOLIDS MANAGEMENT SERVICES 13 ITB #45-21 S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Administrator and/or an authorized representative from the using department. All questions STANDARD TERMS AND CONDITIONS BIOSOLIDS MANAGEMENT SERVICES 14 ITB #45-21 regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s 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. STANDARD TERMS AND CONDITIONS BIOSOLIDS MANAGEMENT SERVICES 15 ITB #45-21 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 BIOSOLIDS MANAGEMENT SERVICES 16 ITB #45-21 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. SCOPE OF WORK. The Vendor will be given as much latitude and assistance as possible in planning and coordinating the work. All work must be carried out and be consistent with approved domestic wastewater biosolids removal, treatment, and disposal practices normally observed throughout the industry and must comply with all Federal, State, County and local regulations in their most recent form. Domestic wastewater biosolids (biosolids) is intended to include sludge and sludge cake. The Vendor will furnish all labor, materials, equipment, fuel, and incidentals necessary to remove, transport, and dispose of wastewater biosolids in the manner prescribed in and pursuant to the requirements of this Invitation to Bid. A. Base Bid Items – Refer to Section 3. SPECIFICATIONS, Item B for more information. i. The removal, transport, and disposal of dewatered biosolids from the Marshall Street Water Reclamation Facility (WRF) and Northeast WRF to a Residual Management Facility (RMF) ii. The transportation of liquid biosolids from the East WRF to the Northeast WRF daily and/or iii. The transportation of liquid biosolids from the East WRF to the Marshall Street WRF daily B. Alternate Bid Items – Please refer to Section 3. SPECIFICATIONS, Item C for more information. i. The removal, transport and disposal by “land application” of dewatered biosolids from the Marshall Street WRF and Northeast WRF ii. The removal, transport, and disposal of dewatered biosolids from the Marshall Street WRF and Northeast WRF to a landfill iii. The transportation of biosolids from the Marshall Street WRF to Northeast WRF iv. The transportation of biosolids from the Northeast WRF to the Marshall Street WRF v. The removal, transport and disposal by Incorporation of dewatered Class B Biosolids from the Marshall Street WRF and Northeast WRF 3. SPECIFICATIONS. A. Frequency of Removal It is anticipated that under normal conditions biosolids removal, transport and disposal from all three (3) WRFs will occur Monday through Saturday each week, between the hours of 12:00 A.M. and 12:00 P.M. The weekly quantities provided herein are understood to mean the quantity of biosolids to be removed during that six (6) day period each week. A schedule will be provided to the Vendor weekly for each WRF load count(s). The Vendor must coordinate the scheduling of biosolids removal during the above days and times with the Wastewater Environmental Technologies (WET) Manager or WET Assistant Manager. Conditions may arise that will require biosolids to be picked-up and transported during Sunday and/or alternate times during a twenty-four (24) hour day. Should these conditions occur, the WET Manager or WET Assistant Manager will notify the Vendor as soon as possible after the condition is determined to exist and request Sunday and/or alternate time of pick-up and transport service. The Vendor will make every effort to accommodate the request. Should the Vendor need to perform biosolids pick-up and transport at other times, different than what is outlined in this solicitation, a written request must be submitted to the WET Manager for approval. The written request must be submitted by the Vendor no less than forty-eight (48) hours prior to the start of the new schedule. Exceptions for different transport times will not be considered for any period greater than two (2) months in a twelve (12) month period. Approval must be granted before the alternate schedule can commence. DETAILED SPECIFICATIONS BIOSOLIDS MANAGEMENT SERVICES 17 ITB #45-21 Under no circumstance should previously scheduled biosolids removal be delayed more than forty- eight (48) hours. See Item 11, PAYMENTS AND PENALTIES. The Vendor must notify the WET Manager or WET Assistant Manager immediately whenever situations develop that would interfere with the scheduled biosolids removal. The Vendor must be able to provide an alternate pickup time within a forty-eight (48) hour period that is agreed upon by both parties. B. Base Bid Items There are three (3) base bid items which will be the primary basis for award of this contract. i. Biosolids (Dewatered Cake) to Residuals Management Facility (RMF) Additional treatment at a Class A RMF with a valid Florida Department of Environmental Protection (FDEP) Permit by the Vendor as directed by Public Utilities. The estimated annual amount of dewatered biosolids to be removed, transported and disposed of from the Northeast WRF is approximately 8,700 wet tons; each load must be weighed by certified scale at the biosolids building located onsite at the Northeast WRF. The estimated total solids concentration of the cake is approximately 14% to 25%. The amount of biosolids to be removed will vary from day to day as required for efficient plant operation; however, an estimate of 167 wet tons will need to be removed weekly. The estimated annual amount of dewatered biosolids to be removed and disposed of from the Marshall Street WRF is approximately 5,000 wet tons; each load must be weighed by certified scale at the biosolids building located onsite at the Marshall Street WRF. The estimated total solids concentration of the cake is approximately 14% to 25%. The amount of biosolids to be removed will vary from day to day as required for efficient plant operation; however, an estimate of 100 wet tons will need to be removed weekly. ii. Liquid Biosolids (Approximately 5% Total Solids) From East WRF to Northeast WRF and/or the Marshall Street WRF Note: This section represents items ii & iii on the bid pricing form. The East WRF produces liquid biosolids that requires transport to the Northeast WRF and/or the Marshall Street WRF to be digested and dewatering. The estimated amount of liquid biosolids to be transported from the East WRF to the Northeast WRF and/or the Marshall Street WRF will vary from day to day as required for efficient plant operation; however, an estimate of approximately 55,000 gallons per week will need to be transported to either the Northeast WRF or the Marshall St. WRF. This will be coordinated between the Vendor and the WET Manager or WET Assistant Manager. The liquid biosolids are approximately 5% (+/- 2%) total solids. C. Alternate Bid Items At any time, Public Utilities may require biosolid disposal options as represented in the following section. Bidders are not required to price the alternate bid items, but the ability to provide such services will be taken into consideration for bid evaluation. i. Dewatered Class B Biosolids to Land Application Biosolids that meet the Class B pathogen reduction and vector attraction reduction, per 62- 640.600(1)(b), 62-640.600(2)(a), and parameter concentrations as set forth in 62- 640.700(5)(a) Florida Administrative Code (F.A.C), can be directly surface applied by the hauler on their permitted land application sites. The estimated annual amount of dewatered and stabilized Class B Biosolids to be removed, transported, and disposed of from the Northeast WRF is approximately 8,700 wet tons; each load to be weighed by certified scale at the biosolids building located onsite at the Northeast WRF. The estimated total solids concentration of the cake is approximately 14% to 25%. The amount of biosolids to be removed will vary from day to day as required for efficient plant operation; however, an estimate of 167 wet tons will need to be removed weekly. DETAILED SPECIFICATIONS BIOSOLIDS MANAGEMENT SERVICES 18 ITB #45-21 The estimated annual amount of dewatered and stabilized Class B Biosolids to be removed and disposed of from the Marshall Street WRF is approximately 5,000 wet tons; each load to be weighed by certified scale at the biosolids building located onsite at the Marshall Street WRF. The estimated total solids concentration of the cake is approximately 14% to 25%. The amount of biosolids to be removed will vary from day to day as required for efficient plant operation; however, an estimate of 100 (one hundred) wet tons will need to be removed weekly. ii. Biosolids (Dewatered Cake) to Landfill Alternate biosolids that do not meet Class B requirements must be disposed of at a Class I Landfill (in accordance with 62-701, F.A.C). In the event that the Vendor cannot dispose of the biosolids through an RMF or by Land Application, the Vendor must dispose of the biosolids through an authorized landfill. If this occurs, the WET Manager and/or WET Assistant Manager must be notified within forty-eight (48) hours and the Vendor must be able to provide an address and phone number for verification purposes. If biosolids are disposed of through a landfill, the estimated annual amount of dewatered biosolids to be removed and disposed of from the Northeast WRF is approximately 8,700 wet tons; each load to be weighed by certified scale at the biosolids building located onsite at the Northeast WRF. The estimated total solids concentration of the cake is approximately 14% to 25%. The amount of biosolids to be removed will vary from day to day as required for efficient plant operation; however, an estimate of 167 wet tons will need to be removed weekly. If biosolids are disposed of through a landfill, the estimated annual amount of dewatered biosolids to be removed and disposed of from the Marshall Street WRF is approximately 5,000 wet tons; each load to be weighed by certified scale at the biosolids building located onsite at the Marshall Street WRF. The estimated total solids concentration of the cake is approximately 14% to 25%. The amount of biosolids to be removed will vary from day to day as required for efficient plant operation; however, an estimate of 100 wet tons will need to be removed weekly. iii. Liquid Biosolids (Approximately 5% Total Solids) From Marshall Street WRF to Northeast WRF The liquid biosolids produced by the Marshall Street WRF can be either thickened waste activated sludge or a mixture of primary and waste activated sludge. If the City decides that only waste activated sludge is to be transported to the Northeast WRF for stabilization and dewatering, the Vendor will be required to have a minimum 6,000-gallon liquid biosolid (sludge) tanker to transport to the Northeast WRF. This is necessary because the Marshall Street WRF does not have storage tanks available to isolate primary and waste activated sludges. The liquid biosolids are approximately 5% (+/- 2%) total solids. The estimated amount of liquid biosolids to be transported from the Marshall Street WRF to the Northeast WRF for stabilization and dewatering would vary from day to day as required for efficient plant operation; however, an estimate of approximately 275,000 gallons per week would need to be transported. iv. Liquid Biosolids (Approximately 5% Total Solids) From Northeast WRF to Marshall Street WRF The liquid biosolids produced by the Northeast WRF can be either thickened waste activated sludge or a mixture of primary and waste activated sludge. If the City decides that only waste activated sludge is to be transported to the Marshall Street WRF for stabilization and dewatering, the Vendor will be required to have a minimum 6,000-gallon sludge tanker to transport to the Marshall Street WRF. This is necessary because the Northeast WRF does not have storage tanks available to isolate primary and waste activated sludges. The liquid biosolids are approximately 5% (+/- 2%) total solids. The estimated amount of liquid biosolids to be transported from the Northeast WRF to the Marshall Street WRF for stabilization and dewatering would vary from day to day as required for DETAILED SPECIFICATIONS BIOSOLIDS MANAGEMENT SERVICES 19 ITB #45-21 efficient plant operation; however, an estimate of approximately 275,000 gallons per week would need to be transported. v. The Removal and Disposal by Incorporation of Dewatered Class B Biosolids Biosolids that meet Class B pathogen reduction, but do not meet the Class B vector attraction reduction requirements, can be incorporated into the soil by the hauler on their permitted land application sites that allow incorporation to achieve vector attraction reduction. In the event that routine testing of biosolids generated at the Northeast WRF and/or the Marshall Street WRF determines that the biosolids meet the Class B requirements for Pathogen Reduction, but do not meet the Class B requirement for Vector Attraction Reduction, the City requires the option of transporting these dewatered biosolids to the Vendor’s permitted site for incorporation into the soil within six (6) hours of application on the land. The amount of biosolids to be removed and disposed of in this manner will vary depending on the results of the routine biosolids testing. 4. COMPOSITION OF DEWATERED CAKE. The Northeast and Marshall Street WRFs will provide biosolids at a concentration ranging from approximately 14.0% to 25% total solids. The following is the most recent (March 2021) reported parameters for the residual dewatered cake from each of these facilities. The data is provided for informational purposes only and is not a guarantee of the characteristics of the biosolids. Parameter Units Reported Concentrations (3/2021) Northeast Marshall Street Total Nitrogen % dry wt. 7.31 7.30 Total Phosphorus % dry wt. 3.71 3.1 Potassium % dry wt. 0.250 0.255 Cadmium mg/kg, dry wt. 1.00 1.00 Zinc mg/kg, dry wt. 602 565 Copper mg/kg, dry wt. 408 434 Lead mg/kg, dry wt. 9.55 18.5 Nickel mg/kg, dry wt. 16.2 16.5 Arsenic mg/kg, dry wt. 9.07 4.00 Mercury mg/kg, dry wt. 0.414 0.470 Molybdenum mg/kg, dry wt. 10.9 11.5 Selenium mg/kg, dry wt. 1.00 3.53 pH (field) Units 7.6 8.0 Total Solids % 15.0 21.5 5. VENDOR RESPONSIBILITY. The Vendor accepts full responsibility and liability for the removal, transport and disposal of biosolids from the points of loading from the source facility, in accordance with Chapter 62-640 F.A.C. The Vendor must provide a sufficient number of qualified drivers and trucks to meet the terms of this contract. The Vendor must provide and maintain a list of drivers which will be shared with Public Utilities staff. The Vendor must have an alternate means and/or method to ensure that the hauling and disposal of biosolids is met per this contract. The Vendor must work with the wastewater treatment plant staff to properly place and/or align the trailer(s) in the loading bay(s) to ensure trucks are loaded and filled properly. The Vendor must provide guidance and the identification of the fill limit in trailer(s) to assure the trucks are properly filled. The Vendor, with the assistance of Public Utilities staff, will make sure and agree on all biosolid trailer weights. The Vendor and Public Utilities staff will use the onsite weight scale located at the Marshall Street WRF and Northeast WRF in the biosolids loading bays. The Vendor must follow all FDEP and Environmental Protection Agency (EPA) regulations regarding biosolids disposal. DETAILED SPECIFICATIONS BIOSOLIDS MANAGEMENT SERVICES 20 ITB #45-21 6. REGULATORY REQUIREMENTS. The Vendor must be responsible to comply with existing FDEP and EPA biosolids treatment and disposal regulations, and any changes made in these regulations during the contract period. The Vendor must meet the requirements of all regulatory bodies having jurisdiction over the transport, treatment, and disposal of biosolids. The Vendor assumes all responsibility for biosolids analysis as required in Chapter 62-640, F.A.C. The City of Clearwater’s biosolids must be disposed of in a manner which will not cause or contribute to a nuisance odor as outlined in Chapter 62-640.400(6), F.A.C. Any spillage, leakage, or release of biosolids in transit or at any other location other than an FDEP approved disposal site must be reported to the WET Manager and/or WET Assistant Manager and all regulatory agencies within twenty-four (24) hours of the occurrence. The Vendor must include details of the quantity and ultimate disposal method. All clean-up costs are the responsibility of the Vendor. The Vendor agrees, upon receipt of biosolids from the City, that they will be treated as required by Chapter 62-640, F.A.C. and STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE as outlined in 40 Code of Federal Regulation (CFR) Part 503, to accept responsibility for proper treatment and disposal of the biosolids as required by Chapter 62-640, F.A.C. Vendor must be aware of and will comply with requirements for proper disposal as described in the existing and any subsequently issued operating permits for each WRF issued by the FDEP in their most recent form. The City of Clearwater’s Northeast WRF Permit was issued by FDEP on July 2, 2017 and expires on July 1, 2022. The East WRF Permit was issued by FDEP on June 22, 2017 and expires on June 21, 2022. The Permit for the Marshall Street WRF was issued on February 2, 2017 and expires on February 1, 2022. The Northeast, East and Marshall Street WRFs permits will be renewed during the first year of the contract and conditions may or may not require modification to the biosolids handling, transporting, and disposal requirements as required as part of any new Part 62-640 Rule provisions associated with the scope of work. Should this be the case and new requirements materially change the conditions through which the Vendor is required to perform the work, the City and/or Vendor will have the opportunity to negotiate a mutually agreed upon change order for affected line items in the contract. If such a mutually agreed upon change order cannot be derived the City may opt to re-advertise for services. BIDDERS ARE HEREBY NOTIFIED THAT THEY MUST BE FULLY AWARE OF AND KNOWLEGABLE ABOUT THE PROVISIONS OF ALL CURRENT APPLICABLE REGULATORY RULES AND REGULATIONS AND MUST INCLUDE IN BID PRICES THE COSTS ASSOCIATED WITH FULL COMPLIANCE WITH SAME. FAILURE OF THE VENDOR TO BE FULLY KNOWLEGABLE OF AND FULLY AWARE OF ALL CURRENT APPLICABLE REGULATORY RULES AND REGULATIONS SHALL NOT ENTITLE THE VENDOR TO CLAIM A CHANGE IN THE SCOPE OF WORK AND/OR CHANGE ORDER CLAIM. 7. COMMUNICATIONS. The Vendor must have a means by which the WET Manager and/or WET Assistant Manager can contact the Vendor, twenty-four (24) hours per day, seven (7) days per week. The Vendor must provide two points of contact. An answering service, electronic paging device or cellular telephone that causes the Vendor to respond within thirty (30) minutes of the WET Manager or WET Assistant Manager contact attempt will be satisfactory. Public Utilities, at its sole discretion, reserves the right to request different drivers if deemed necessary based on the driver’s actions that negatively impact the Public Utilities operations and compliance. Public Utilities reserves the right to inspect the land application sites, RMFs, or landfill sites. All communications from Vendor to Public Utilities will be through the WET Manager and/or WET Assistant Manager. Contact information for the WET Manager and WET Assistant Manager will be provided to the successful bidder. Public Utilities will DETAILED SPECIFICATIONS BIOSOLIDS MANAGEMENT SERVICES 21 ITB #45-21 provide a two (2) week look ahead schedule weekly. Public Utilities reserves the right to alter the schedule as needed for operational emergencies and will notify the Vendor immediately if a situation occurs. 8. REGULATORY PERMITS, FORMS, PLANS and LICENSES The Vendor must be responsible for obtaining, maintaining and paying for all permits, licenses and registration required by regulatory agencies having jurisdiction over the treatment, transportation, and disposal of wastewater biosolids. The Vendor must have the required permits for proper reuse and/or disposal of the biosolids. After the contract is awarded, the awarded Vendor must submit copies of all required FDEP Forms; Plans; all permit applications; approved permits with site plans; and any and all other documentation as required by the regulatory agencies, to Public Utilities, at no additional cost. Note that after an Intent to Award is issued, Public Utilities is requiring awarded Vendor to submit two (2) copies of the Treatment Facility Biosolids Plan(s), Biosolids Site Permits, and Nutrient Management Plan for each application site. A bidder must have multiple sludge disposal sites and submit a list of their sites with their bid submittal. Bidders with a single site will not be considered. Records and reports will be submitted to the WET Manager and/or WET Assistant Manager as required in Item 13, REPORTING. 9. CLEANUP The Vendor must provide their spill cleanup standard operating procedures at the outset of the contract. The Vendor must clean up the job site at the WRFs and at the biosolids disposal sites at the end of each day of operations. Daily cleanup must include the removal of soil or biosolids dropped on any roads or on public and private property, as well as the cleanup of the biosolids loading station, cleanup and removal of spilled biosolids, debris, and sanitizing any spill area. Daily cleanup must also include cleaning of any straw, hay or other materials that the Vendor uses to line their trailers. Any spillage of biosolids on the City of Clearwater property must be reported to the WET Manager, the WET Assistant Manager, or the Facility Chief Operator immediately, but no later than one (1) hour after the spill occurs. Any spillage of biosolids on the City of Clearwater property will be reported by the Public Utilities WET Manager and/or WET Assistant Manager with input from the Vendor as required in Item 5, REGULATORY REQUIREMENTS. Any expenses incurred by the City for cleanup of spills made by the Vendor will be charged back to the Vendor. 10. EQUIPMENT The Vendor is required to provide all necessary equipment for biosolids removal and disposal including hauling vehicles. The Vendor is to own or be sole lessee of the equipment utilized in the performance of the Contract (i.e., no Owner/Operator tractors). The hauling vehicles must have the company name and contact information prominently displayed. All gauges that measure weight or volume, including level, must be in working order and calibrated at least annually. Trailer numbers and trailer capacities must be provided at the beginning of the contract or as new trailers are utilized. All hauling vehicles must have a functional site gauge marked in a fashion to be representative of tank capacity when hauling liquid solids. If a site gauge on a vehicle reporting to a WRF is not functional, i.e., plugged or stained, it must be unplugged if plugged and replaced if stained before the vehicle returns to the wastewater treatment plant for another load. All hauling vehicles must arrive at the WRFs completely empty. Any method or means to maintain clean and empty truck beds must be preapproved by the WET Manager or WET Assistant Manager. All hauling vehicles are to be kept clean, presentable, and neat. All hauling vehicles must remove the remaining solids left in the truck(s) before arriving at the WRFs. The Vendor must maintain tarps DETAILED SPECIFICATIONS BIOSOLIDS MANAGEMENT SERVICES 22 ITB #45-21 and/or covers in good working condition with no holes. All tarp(s) and/or cover(s) must be used when storing trucks or transporting biosolids at the WRFs. The Vendor is required to provide all equipment that may be necessary to provide all services specified herein. All equipment must be in good working condition so that it can be safely operated and does not present a threat to people, private or public property. The Vendor is required to properly maintain all equipment that is needed to execute the services set forth in this contract, as well as to minimize down time and should be appropriate for the application. The Vendor should minimize any odors that originate from its trucks as much as possible. The WET Manager and/or WET Assistant Manager reserves the right to turn away any hauling vehicles/equipment that arrive in an unsafe condition, have obviously not been maintained, or are excessively dirty from the WRFs. Equipment used must be designated for such usage and not be contaminated with any other materials. The Vendor must use caution when maneuvering around City facilities to prevent damage to City property. This includes protecting overhead pipes, fire hydrants, etc. Public Utilities reserves the right to visually inspect all Vendor equipment that will be utilized for the resulting Contract at any time. 11. PAYMENTS AND PENALTIES The Vendor must provide one (1) original and one (1) copy of the hauling receipt for every truckload of biosolids hauled from the WRF’s. The hauling receipt must legibly include weight of biosolids and truck tare weight. Each truckload must have a designated hauling receipt number. These receipts must be left with the WET Manager and/or WET Assistant Manager on the same day that the biosolids are removed. These receipts must include company name, date, time of arrival, time of departure, trailer tag number, disposal site, ground water depth, and volume in gallons or wet ton weight, driver’s printed name and signature and Owner’s personnel signature and any other information required by any applicable regulatory agency. A licensed wastewater operator will review and initial each receipt. A. The Vendor must submit an invoice to the City of Clearwater Public Utilities Accounting Division for payment upon their schedule but not more frequently than once every thirty (30) day period. Included with the invoice, the Vendor must delineate any third-party that will further treat the biosolids and provide the hauling receipt. Included with the invoice must be Biosolids Application Site Log (FDEP Form 62-640.210(2)(e) for each WRF which must include and summarize each load ticket number including which site biosolids were applied, and total summary of wet tons and dry tons sent to each site and other information requested in the form. Such form must be signed and dated by an authorized representative of the company. No invoice for payment will be submitted without the completed biosolids record keeping form. B. On an annual basis, but no later than January 15th of each year, the Vendor must submit completed FDEP Standard Domestic Wastewater Forms: Treatment Facility Biosolids Annual Summary (DEP Form 62-640.210(2)(b)), Biosolids Application Site Annual Summary (DEP Form 62-640.210(2)(d)), along with copies of any revisions made to the site Nutrient Management Plan (62-640.650(5)(d), F.A.C.), cumulative loadings of metals, and any and all other documents required by any applicable regulatory agency. C. The Vendor must provide a numbered ticketing system for the hauling receipts that will effectively identify the following: the date, the time the load is removed, gallons or wet ton weight, the driver, trailer number, Public Utilities Staff signature, site name, site ID No., and any other information necessary to track the removal of biosolids from the Public Utilities’ facilities. This ticketing system must be multi-copy so each of the parties may receive a copy of each load. D. An invoice cannot be processed until the hauling receipts are received. Payments will be based upon the biosolids hauling volume calculated by the WET Manager and/or WET Assistant Manager and not necessarily that which is invoiced. Differences between invoiced and calculated volumes must be reconciled between the Vendor and the WET Manager and WET DETAILED SPECIFICATIONS BIOSOLIDS MANAGEMENT SERVICES 23 ITB #45-21 Assistant Manager before payment on the disputed volume is authorized. The Vendor may observe WET Manager and/or WET Assistant Manager calculation methods and may have drivers witness measurements used in calculations. If the Vendor does not remove the quantity scheduled by the WET Manager or WET Assistant Manager, the Vendor has up to forty-eight (48) hours to make up the lost quantity while still meeting the regularly scheduled quantity. If the Vendor does not make up the lost quantity within forty-eight (48) hours, the Vendor will receive liquid damages of one hundred ($100) dollars per day delay in material removal, to be deducted from applicable invoice. An ongoing failure to haul the quantities set forth herein in the noted timeframes will be deemed a material breach of this Contract. 12. MANIFESTS AND TRUCK TRACKING The Marshall Street and Northeast WRFs have scales and are able to provide a net weight ticket for each load of pressed biosolids removed. Public Utilities’ scales are certified annually by the Florida Department of Agriculture. 13. REPORTING Public Utilities will provide the Vendor biosolids analysis data for the biosolids produced at the Marshall Street and Northeast facilities six (6) times yearly (every other month). In addition, the Vendor must supply Public Utilities with all reports and forms required by FDEP as stated in Chapter 62-640, F.A.C. and as outlined in this solicitation. Vendor must provide Public Utilities with all necessary forms, reports and documentation necessary to assist the Public Utilities in the preparation of its Annual Biosolids Report (503 Report). Vendor must also provide any and all reports and/or data required by any applicable Federal, State, and/or Local regulatory agency rule and/or regulation. A. Land Application – The Vendor must furnish to the WET Manager and/or WET Assistant Manager quarterly facility and field operations reports. These reports must summarize the past quarter and be provided no later than the end of the month following the quarter (i.e. Jan-Mar is due by April 30). B. Residuals Management Facility (RMF) and/or Landfill – If the Vendor utilizes an offsite third- party preparer to dispose or to further treat the biosolids the Vendor must provide all information required by Public Utilities to complete the annual 503 report. These reports must summarize the past quarter and be provided to the WET Manager and/or WET Assistant Manager no later than the end of the month following the quarter (i.e., Jan-Mar is due by April 30). 14. MINIMUM QUALIFICATIONS. In addition to requirements specified throughout this solicitation, the bidder must have the following minimum qualifications: a. Current FDEP approved disposal sites, site numbers and be currently compliant with all FDEP and EPA rules and regulations. The Vendor must provide their spill cleanup standard operating procedures at the outset of the contract. b. Current biosolids transportation licenses included with bid submittal. c. Competent operators with appropriate Commercial Drivers Licenses (CDL) for the operation of all Vendor equipment. All operators that will be working under the terms of this contract must submit a copy of their CDL license with bid submittal. d. Bidder shall provide a statement acknowledgement that, if selected, they agree that they will provide the City on a quarterly basis, or assist the City with completing the following regulatory documents:  Treatment Facility Biosolids Plan, Form 62-640.210(2)(a)  Treatment Facility Biosolids Annual Summary, Form 62-640.210(2)(b)  Biosolids Application Site Annual Summary, Form 62-640.210(2)(c) DETAILED SPECIFICATIONS BIOSOLIDS MANAGEMENT SERVICES 24 ITB #45-21  Nutrient Management Plan  All data and information required for the City to complete the annual EPA Part 503 report. 15. REFERENCES. Vendor must provide at least three (3) customer references showing a minimum of five (5) years’ experience in the biosolids removal, hauling and disposal business have been used within the State of Florida, with bid submittal. If references do not span a five (5) year period, Vendor must submit additional documentation or list of customers providing five (5) years of experience. 16. DELIVERY. SOURCE FACILITIES  City of Clearwater Northeast Water Reclamation Facility (Northeast WRF) 3290 State Road 580, Safety Harbor, Florida 34695 Contact: Cathy Borden, Chief Operator, (727) 224-7691  City of Clearwater Marshall Street Water Reclamation Facility (Marshall Street WRF) 1605 Harbor Drive, Clearwater, Florida 33755 Contact: Ryan Alexander, Chief Operator, (727) 224-7042  City of Clearwater East Water Reclamation Facility (East WRF) 3141 Gulf-to-Bay Boulevard, Clearwater, FL 33759 Contact: Jack Sadowski, Chief Operator, (727) 224-7682 17. 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. 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. DETAILED SPECIFICATIONS BIOSOLIDS MANAGEMENT SERVICES 25 ITB #45-21 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 claim 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. e. Pollution Liability Insurance coverage, which covers any and all losses caused by pollution conditions (including sudden and non-sudden pollution conditions) arising from the servicing and operations of Vendor (and any subcontractors, representatives, or agents) involved in the work/transport, in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. 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 Auto Liability policies. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, ITB #45-21 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 BIOSOLIDS MANAGEMENT SERVICES 26 ITB #45-21 1. BEGINNING AND END DATE OF INITIAL TERM. October 2021 – October 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. 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 (change as appropriate) renewals possible at the City’s option. 4. PRICES. All pricing shall be firm for the initial term of one (1) year; except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices for an amount for no more than the twelve month change in the 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/ppi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year, and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. BID SUBMISSION BIOSOLIDS MANAGEMENT SERVICES 27 ITB #45-21 1. BID SUBMISSION. BID SUBMISSION. It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For bids mailed and/or hand-delivered, bidder must submit one (1) signed original bid and one (1) electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of this solicitation. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies with electronic format (if requested) Bid container properly labeled Bid pricing form Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies form(s) as required E-Verify Eligibility form as required Offer Certification form Minimum of three (3) customer references – must have at least five (5) years’ experience W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) A list of Vendor’s current FDEP approved disposal sites and site numbers A copy of Vendor’s current biosolids transportation licenses A copy of all Operators CDL Licenses that will be working under this contract Bidder shall provide a statement acknowledgement that, if selected, they agree that they will provide the City on a quarterly basis, or assist the City with completing the following regulatory documents:  Treatment Facility Biosolids Plan, Form 62-640.210(2)(a)  Treatment Facility Biosolids Annual Summary, Form 62-640.210(2)(b)  Biosolids Application Site Annual Summary, Form 62-640.210(2)(c)  Nutrient Management Plan  All data and information required for the City to complete the annual EPA Part 503 report. BID PRICING BIOSOLIDS MANAGEMENT SERVICES 28 ITB #45-21 Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Biosolids Management Services to the City of Clearwater at the price(s) stated below. BASE BID ITEMS Item No. Description Unit Price Estimated Weekly Quantity Total Weekly Price i. Biosolids (Dewatered Cake) to RMF Per Ton 250 $ ii. Liquid Sludge (Approximately 5% Total Solids) From East WRF to Northeast WRF Per Gallon 55,000 $ iii. Liquid Sludge (Approximately 5% Total Solids) From East WRF to Marshall Street WRF Per Gallon $ TOTAL BASE BID: $ ALTERNATE BID ITEMS Item No. Description Unit Price Estimated Weekly Quantity Total Weekly Price i. Dewatered Class B Biosolids to Land Application Per Ton 250 $ ii. Dewatered Class B Biosolids to Landfill Per Ton 250 $ iii. Liquid Biosolids (Approximately 5% Total Solids) From Marshall Street WRF to Northeast WRF Per Gallon 275,000 $ iv. Liquid Biosolids (Approximately 5% Total Solids) From Northeast WRF to Marshall Street WRF Per Gallon 275,000 $ v. The Removal and Disposal by Incorporation of Dewatered Class B Biosolids Per Gallon 1 $ TOTAL ALTERNATE BID: $ Vendor: _________________________________________ Date: ______________________________ BID PRICING BIOSOLIDS MANAGEMENT SERVICES 29 ITB #45-21 Note: These estimated monthly quantities should be used for estimating purposes only. These quantities are not exact, and the City makes no guarantee of the minimum amounts to be transported or removed for disposal. Seasonal fluctuations may require processing 200% of the weekly average. Should the City encounter operational problems at the WRFs which impact the shipment of biosolids, the Vendor must make every effort to accommodate such interruptions. Service requirements, as stated in Detailed Specifications, can be met Yes No DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and transportation charges PAYMENT TERMS: City of Clearwater’s standard payment terms are NET30 Vendor: _________________________________________ Date: ______________________________ EXCEPTIONS/ADDITIONAL MATERIAL/ADDENDA BIOSOLIDS MANAGEMENT SERVICES 30 ITB #45-21 Bidders shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): Note – Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid Non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this bid Additional Materials attached (describe--attach additional pages if needed) Addenda Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name ____ Date: ____ VENDOR INFORMATION BIOSOLIDS MANAGEMENT SERVICES 31 ITB #45-21 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 bid: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. SCRUTINIZED COMPANIES FORM BIOSOLIDS MANAGEMENT SERVICES 32 ITB #45-21 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 BIOSOLIDS MANAGEMENT SERVICES 33 ITB #45-21 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 OFFER CERTIFICATION By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: REFERENCES BIOSOLIDS MANAGEMENT SERVICES 35 ITB #45-21 Instructions: Vendor must provide at least three (3) customer references showing a minimum of five (5) years’ experience in the biosolids removal, hauling and disposal business have been used within the State of Florida, with bid submittal. If references do not span a five (5) year period, Vendor must submit additional documentation or list of customers providing five (5) years of experience. Complete and return with bid submittal. Reference # 1 Customer Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Phone: Email: Services Provided: Reference # 2 Customer Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Phone: Email Services Provided: Reference # 3 Customer Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Phone: Email: Services Provided: Vendor Name Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER BIOSOLIDS MANAGEMENT SERVICES 36 ITB #45-21 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #45-21, Biosolids Management Services Due Date: September 9, 2021 at 10:00 A.M. City of Clearwater Attn: Procurement PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #45-21, Biosolids Management Services Due Date: September 9, 2021 at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Procurement 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 CITY OF CLEARWATER ITB # 45-21; Biosolids Management Services DUE DATE: September 9, 2021; 10:00 AM BID TABULATION Item No.Base Bid Items Est. Quantity (UOM) Unit Price (UOM) Total Weekly Price Unit Price (UOM) Total Weekly Price Unit Price (UOM) Total Weekly Price Unit Price (UOM) Total Weekly Price i.Northeast WRF Biosolids (Dewatered Cake) to RMF 190 $68.00 $ 12,920.00 $57.55 $ 10,934.50 $73.81 $ 14,023.90 $67.50 $ 12,825.00 ii.Marshall Street WRF Biosolids (Dewatered Cake) to RMF 60 $68.00 $ 4,080.00 $57.63 $ 3,457.80 $73.81 $ 4,428.60 $67.50 $ 4,050.00 iii. Liquid Sludge (Approx. 5% Total Solids) from East WRF to Northeast WRF $0.040 $ 2,200.00 $0.033 $ 1,815.00 $0.035 $ 1,925.00 $0.280 $ 15,400.00 iv.Liquid Sludge (Approx. 5% total solids) from East WRF to Marshall Street WRF $0.055 $ 3,025.00 $0.033 $ 1,815.00 $0.035 $ 1,925.00 $0.280 $ 15,400.00 $ 22,225.00 $ 18,022.30 $ 22,302.50 $ 47,675.00 Item No.Alternate Bid Items Est. Quantity(UOM)Unit Price(UOM) Total Weekly Price Unit Price(UOM) Total Weekly Price Unit Price(UOM) Total Weekly Price Unit Price(UOM) Total Weekly Price i.Dewatered Class B Biosolids to Land Application 250 $43.50 $ 10,875.00 NO BID $ - $73.81 $ 18,452.50 NO BID $ - ii.Dewatered Class B Biosolids to Landfill 250 $68.00 $ 17,000.00 NO BID $ - $90.00 $ 22,500.00 NO BID $ - iii.Liquid Biosolids (Approx. 5% Total Solids) from Northeast WRF to Marshall Street WRF 275,000 $0.035 $ 9,625.00 $0.040 $ 11,000.00 $0.055 $ 15,125.00 NO BID $ - iv. Liquid Biosolids (Approx. 5% Total Solids) from Marshall Street WRF to Northeast WRF 275,000 $0.035 $ 9,625.00 $0.040 $ 11,000.00 $0.055 $ 15,125.00 NO BID $ - v. The Removal and Disposal by Incorporation of Dewatered Class B Biosolids 1 $46.00 $ 1,058.00 NO BID $ - NO BID $ - NO BID $ - $ 48,183.00 $ 22,000.00 $ 71,202.50 NO BID Total Bid: $ 70,408.00 Total Bid: $ 40,022.30 Total Bid: $ 93,505.00 Total Bid: $ 47,675.00 Total Alernate Bid Items: Synagro South, LLC435 Williams Court, Suite 100Baltimore, MD 21220 H & H Liquid Sludge Disposal, Inc.P.O. Box 390Branford, FL 32008 Merrell Bros, Inc.8811 West 500 NorthKokomo, IN 46901 Revinu, Inc.4050 Dundee RoadWinter Haven, FL 33884 55,000 Total Base Bid Items: Page 1 of 1 October 7, 2021 NOTICE OF INTENT TO AWARD The Public Utilities Department and the Procurement Division recommend award of ITB No. 45- 21, Biosolids Management Services, to H&H Liquid Sludge Disposal, Inc. of Branford, FL and Merrell Bros, Inc. of Kokomo, IN, the lowest most responsible bidders in accordance with the bid specifications, in the estimated amount of $926,000 annually, for a period of three (3) years, with two (2), one (1) year extension options. This Award recommendation will be considered by the City Council at the November 1, 2021 Work Session (9:00 a.m.) and voted on at the November 4, 2021 Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to the Procurement Analyst at (727) 562- 4633, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758-4748. Posted on this date by: Eryn Berg Eryn Berg Procurement Analyst 1) H & H Liquid Sludge Disposal, Inc.2) Merrell Bros, Inc. P.O. Box 390 8811 West 500 North Branford, FL 32008 Kokomo, IN 46901 800.653.0386 574.699.7782 3) Revinu, Inc.4) Synagro South, LLC 4050 Dundee Road 435 Williams Court, Suite 100 Winter Haven, FL 33884 Baltimore, MD 21220 863.656.5405 410.688.4438 ADVERTISED: TAMPA BAY TIMES 8/11/2021 POSTED:myclearwater.com 08/10-09/09/2021 FOR THE CITY OF CLEARWATER Due/Opening: September 9, 2021; 10:00 a.m. INVITATION TO BID No. 45-21 BIOSOLIDS MANAGEMENT SERVICES Solicitation Response Listing Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9856 Agenda Date: 11/4/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Solid Waste/General Services Agenda Number: 7.12 SUBJECT/RECOMMENDATION: Ratify and confirm authorization to increase contract 900447 to Angelo’s Aggregate Materials LTD dba Angelo’s Recycled Materials (Angelo’s) of St. Petersburg, FL for debris disposal (yard trash, Class III, and construction and demolition debris) by $10,000.00, bringing the new contract amount to $890,000.00 for term ending September 30, 2021, and authorize the appropriate officials to execute same. (consent) SUMMARY: On September 20, 2018, Council approved a three-year term with Angelo’s in an annual not-to-exceed amount of $800,000.00 for debris disposal to include yard trash, Class III, and construction and demolition debris. In September 2021, the Interim City Manager approved an increase of 10% for the term ending September 30, 2021, bringing the total value to $880,000.00. The final invoices have now been forecasted and an additional $10,000.00 is being requested to pay the forecasted invoices, bringing the new total to $890,000.00. The original budgeted figures were inaccurate because additional refuse was disposed of at Angelo’s at a rate of $34.00 per ton instead of using Pinellas County Landfill at a rate of $42.15 per ton. The additional disposal at Angelo’s saved the residents of Clearwater $8.15 per ton. APPROPRIATION CODE AND AMOUNT: 4242082-543500 and 4242089-543500 Page 1 City of Clearwater Printed on 11/4/2021 Angelo's FY21 Truck Summary 10/14/2021 Truck #Truck Type Sum of Wt. (tons)Number of Dumps 4100 REL 1,848.96 284 4610 REL 1,750.34 270 4611 REL 1,698.78 270 4464 Jaws 1,685.93 408 4099 REL 1,675.57 241 3828 REL 1,625.96 251 3830 JAWS 1,592.97 356 3827 REL 1,450.51 243 3707 ROLLOFF 1,229.78 383 4457 ROLLOFF 1,189.46 383 3973 JAWS 1,156.27 341 3708 ROLLOFF 1,065.35 324 3829 JAWS 1,060.31 291 3968 ROLLOFF 997.42 322 4327 ROLLOFF 928.25 244 4325 ROLLOFF 920.37 305 3969 ROLLOFF 877.41 354 4456 ROLLOFF 839.60 232 4326 ROLLOFF 767.59 222 3603 REL 710.94 112 5066 REL 472.62 70 5065 REL 250.82 40 3755 REL 229.76 43 4781 JAWS 15.21 4 4160 REL 5.43 2 3846 ???5.32 1 (blank)???5.05 1 Totals 26,055.98 5,997 Disposal Fee/ ton:34.00$ Total Disposal Fee:885,903.34$ Revised Contract:880,000.00$ Deficit:(5,903.34)$ City of Clearwater Estimate of Tons for Disposal - Revised 05/01/2020 FY 2021 103% Residential Commercial Roll-Off Total Vendor (item disposed)2082 2083 2089 Tons 2082 2083 2089 PCSW (mostly putrescible) 38,739 40,817 22,941 102,497 37.8% 39.8% 22.4% WM/Angelo's (non-putrescible) 17,034 8,923 25,957 65.6% 0.0% 34.4% 25968.638 Yard Waste (if not included above) 0 #DIV/0! #DIV/0! #DIV/0! E-waste recycler 90 90 100.0% 0.0% 0.0% Estimated Tons Disposed 55,863 40,817 31,864 128,544 Disposal Cost Per Ton (notes)NOTES PCSW disposal cost per ton (a) $42.15 $42.15 $42.15 (a) PCSW approved $42.15/ton for FY21 Angelo's disposal cost per ton (b) $34.00 $34.00 $34.00 (b) Angelo's price $34/ton CRR disposal cost per ton ( c) $32.00 $32.00 $32.00 (c) J Grez/BioMass ITB 5/1/19 (CRR $31.95/ton clean yard waste only) E-waste recycler $450.00 $450.00 $450.00 (d) A1 Assets $340/ton FY 20/21 Residential Commercial Roll-Off Total FY 20/21 FY 19/20 Budget Budget Disposal Costs by Vendor 2082 2083 2089 Cost Budget Budget Incr(Decr)Explanation Cushion PCSW (mostly putrescible) $1,632,849 $1,720,437 $966,963 $4,320,249 2082 $2,275,000 $2,150,000 5.81% $22,000 Angelo's (non-putrescible) $579,156 $0 $303,382 $882,538 2083 $1,750,000 $1,700,000 2.94% $50,000 BioMass (yard waste) $0 $0 $0 $0 2089 $1,300,000 $1,330,000 (2.26%) $29,000 E-waste recycler $40,500 $0 $0 $40,500 Total $5,325,000 $5,180,000 2.80%$101,000 Estimated Disposal Costs $2,254,587 $1,722,520 $1,272,434 $5,243,287 43.0% 32.9% 24.3% % Incr(decr)vs. Recommended PO amounts 2082 2083 2089 Total Projected Costs Pinellas County Solid Waste $4,300,000 $1,633,000 $1,700,000 $967,000 $4,300,000 (0.47%) Angelo's $800,000 $580,000 $0 $304,000 $884,000 0.17% CRR (clean yard waste - no bags) $0 $0 $0 BioMass (yard waste) current ITB $0 $0 $0 #DIV/0! E-waste recycling $40,000 $40,000 $0 $0 $40,000 (1.23%) $5,140,000 $2,253,000 $1,700,000 $1,271,000 $5,224,000 43.1% 32.5% 24.3% 2082 2083 2089 FY20 YTD Dump Fees thru 4/30/20 1,286,349.82$ 761,356.31$ 633,374.71$ 2,681,080.84$ Full Year Projected 2,205,171.12$ 1,305,182.25$ 1,085,785.22$ 4,596,138.58$ 103%2,271,330.00$ 1,344,340.00$ 1,118,360.00$ 4,734,030.00$ CHANGE ORDERCONTRACT This Contract is subject to the Standard Terms and Conditions posted atwww.myclearwater.com/purchaseorder-TandC Contract # VENDOR Vendor EmailVendor Contact DepartmentVendor Phone No. Start Date End Date Telephone NumberContact Person Item#Description/PartNo QTY UOM Unit Price Extended Price By:Interim Procurement Manager VENDOR COPY 900447-3 ANGELOS AGGREGATE MATERIALS LTD ANGELOS RECYCLED MATERIALS 855 28TH ST S ST PETERSBURG, FL 33712 USA Page 1 of 1 727-581-1544 727-586-5676 SOLID WASTE & RECYCLING 10/01/2018 09/30/2023 Rogers, Kelly 727-581-1544 Total Available $741,867.48TotalExpended$887,873.70TotalOpen PO $0.00 Total Revised $1,629,741.18 Total Original $800,000.00 From:Maxwell, Micah To:Vogel, Lori Cc:Gloster, Earl; Rogers, Kelly; Johnson, Bryant Subject:RE: Contract #900447 Angelo"s Date:Friday, September 24, 2021 12:35:11 PM Approved From: Vogel, Lori <Lori.Vogel@myClearwater.com> Sent: Thursday, September 16, 2021 4:43 PM To: Maxwell, Micah <micah.maxwell@MyClearwater.com> Cc: Gloster, Earl <Earl.Gloster@myClearwater.com>; Rogers, Kelly <kelly.rogers@myclearwater.com> Subject: RE: Contract #900447 Angelo's Hi Micah, I just wanted to follow up on this request to increase Contract No. 900447. This is not through a requisition in MUNIS as the contract has already been established. If you approve, we will add the money to the contract with your approval authorization email. I will be out of the office beginning tomorrow so I have copied Kelly Rogers, the Procurement Analyst for Solid Waste, on this email should you need additional information. Thanks and have a great evening, Lori Vogel, CPPB Procurement Manager City of Clearwater – Finance (727) 562-4632 Lori.vogel@myclearwater.com From: Vogel, Lori Sent: Monday, September 13, 2021 3:34 PM To: Maxwell, Micah <micah.maxwell@MyClearwater.com> Cc: Gloster, Earl <Earl.Gloster@myClearwater.com> Subject: FW: Contract #900447 Angelo's Micah, Solid Waste is requesting an increase of $80,000.00 to Contract No. 900447 to Angelo’s Aggregate Materials LTD, for yard waste, class III and construction and demolition debris removal, bringing their contract total to $880,000.00. Note: This is within your 10% of a council approved item – link to agenda: https://clearwater.legistar.com/LegislationDetail.aspx?ID=3676742&GUID=FDDAFFD5- 3B3A-4241-87B6-0765499515F9. This was a cooperative contract that the City was included in with the City of Largo which will expire at the end of this month and will not be renewed. A new cooperative was awarded on 09/02/21, ID#21-9548 which will go into effect October 1, 2021. I have copied Earl on this email should you have additional questions concerning this increase. Thank you, Lori Vogel, CPPB Procurement Manager City of Clearwater – Finance (727) 562-4632 Lori.vogel@myclearwater.com From: Gloster, Earl <Earl.Gloster@myClearwater.com> Sent: Monday, September 13, 2021 1:47 PM To: Vogel, Lori <Lori.Vogel@myClearwater.com> Cc: Fodor, Mark <Mark.Fodor@MyClearwater.com>; Johnson, Bryant <Bryant.Johnson@MyClearwater.com>; Rogers, Kelly <kelly.rogers@myclearwater.com> Subject: Re: Contract #900447 Angelo's Lori, I can’t confirm that it’s COVID related, but we are seeing more debris than we previously collected. We will look at the tonnages from this year and increase our budget going forward. What we thought was a one off year may be our new normal. In addition, if $80,000 is the max, we ask for that amount. Thank you. Get Outlook for iOS From: Vogel, Lori <Lori.Vogel@myClearwater.com> Sent: Monday, September 13, 2021 12:28:59 PM To: Gloster, Earl <Earl.Gloster@myClearwater.com> Cc: Fodor, Mark <Mark.Fodor@MyClearwater.com>; Johnson, Bryant <Bryant.Johnson@MyClearwater.com>; Rogers, Kelly <kelly.rogers@myclearwater.com> Subject: RE: Contract #900447 Angelo's Earl, The most Micah can approve is $80K which is 10% of the Council approved authorization. In addition, can you provide an explanation as to why this increase is needed. Last year, you sent a request to increase the contract and indicated that the increase was due to additional residential waste created by Covid-19. Once I have this information, I can forward your email to ICM for his authorization. Thank you, Lori Vogel, CPPB Procurement Manager City of Clearwater – Finance (727) 562-4632 Lori.vogel@myclearwater.com From: Gloster, Earl <Earl.Gloster@myClearwater.com> Sent: Monday, September 13, 2021 11:57 AM To: Vogel, Lori <Lori.Vogel@myClearwater.com> Cc: Fodor, Mark <Mark.Fodor@MyClearwater.com>; Johnson, Bryant <Bryant.Johnson@MyClearwater.com> Subject: FW: Contract #900447 Angelo's Good morning Lori, Reference Mark’s email below, I’m requesting an increase to contract #900447 in the amount of $85,000. This amount will allow us to pay invoices and keep using this vendor until the end of this month. Let me know if you need additional information. Thanks Earl Gloster, M.P.A. Director, Solid Waste/General Services City of Clearwater Office Phone: (727)562-4990 “Success is a collection of problems solved.” I.M. Pei From: Fodor, Mark <Mark.Fodor@MyClearwater.com> Sent: Thursday, September 9, 2021 3:39 PM To: Gloster, Earl <Earl.Gloster@myClearwater.com> Subject: FW: Contract #900447 Angelo's Earl, Please send Lori and quick note requesting contract 900447 to be increased by $85,000 to allow for Angelo’s bills to be paid through 9/30/21. Thanks! Thank you, Mark Fodor, MBA Controller, Solid Waste and Recycling City of Clearwater, Solid Waste and Recycling 1701 N Hercules Avenue Clearwater, FL 33765 727-562-4937 From: Rogers, Kelly <kelly.rogers@myclearwater.com> Sent: Thursday, September 9, 2021 3:37 PM To: Fodor, Mark <Mark.Fodor@MyClearwater.com> Cc: Campagna, Angela <Angela.Campagna@MyClearwater.com> Subject: RE: Contract #900447 Angelo's Earl will have to send a request to Lori as to why the funds are needed with the explanation that it’s to get you through the new contract period starting on 10/1 and that this increase falls within the 10% for CM approval . Lori will them have to forward to interim CM for approval as this was a Council item. From: Fodor, Mark <Mark.Fodor@MyClearwater.com> Sent: Thursday, September 9, 2021 3:34 PM To: Rogers, Kelly <kelly.rogers@myclearwater.com> Cc: Campagna, Angela <Angela.Campagna@MyClearwater.com> Subject: Contract #900447 Angelo's Kelly, We are out of money on contract 900447. What needs to be done to add another $85,000 to get us through 9/30/21? Thank you, Mark Fodor, MBA Controller, Solid Waste and Recycling City of Clearwater, Solid Waste and Recycling 1701 N Hercules Avenue Clearwater, FL 33765 727-562-4937 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9910 Agenda Date: 11/4/2021 Status: Consent AgendaVersion: 1 File Type: Action ItemIn Control: Legal Department Agenda Number: 7.13 SUBJECT/RECOMMENDATION: Approve an amendment to the legal services agreement with Manson Bolves Donaldson Varn for representation in litigation regarding ownership issues of the Seminole Boat Ramps to increase the not to exceed amount from $75,000 to $100,000, and authorize the appropriate officials to execute same. (consent) SUMMARY: On March 7, 2019, City Council authorized hiring the law firm of Manson Bolves Donaldson Varn as outside counsel to provide expertise as it relates to water law/submerged lands and act as liaison to the FDEP and other parties as may be necessary to assist in clearing any cloud on title of the lands being developed under the Seminole Street Boat Ramp - North Marina District Improvements Project and approved a Legal Services Agreement for an amount not to exceed $50,000.00. The ownership issues were more complex than originally anticipated and required litigation to quiet title on the property. On September 3, 2020, Council approved an increase in the amount of the contract for a not exceed amount of exceed $25,000, for a new contract total of not to exceed $75,000. The City went to mediation with the owners of the submerged land in question, which was unsuccessful. Negotiations are continuing with opposing counsel while the litigation is pending. This amendment will increase the contract by $25,000, for a new total not to exceed amount of $100,000. APPROPRIATION CODE AND AMOUNT: Funds are available in cost code 0109600-530100, Professional Services, to fund this contract. Page 1 City of Clearwater Printed on 11/4/2021 SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT THIS AGREEMENT is made on the ____ day of November, 2021, by and between the CITY OF CLEARWATER, FLORIDA (the "City") and the law firm of Manson, Bolves, Donaldson, Varn P.A. (“Counsel"). W I T N E S S E T H: WHEREAS, the City retained Counsel in connection with matters pertaining to water law/submerged lands, and act as liaison to the FDEP and other parties as may be necessary to assist in clearing any cloud on title of the lands being developed under the Seminole Street Boat Ramp – North Marina District Improvements Project; and WHEREAS, it became necessary to enter into litigation to clear title on the lands; and WHEREAS, the litigation has proven more complex than originally anticipated, NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the parties hereto do hereby agree as follows: SECTION 1. THE LEGAL SERVICES AGREEMENT DATED MARCH, 12, 2019 IS HEREBY AMENDED AS FOLLOWS: SECTION 2. SCOPE OF SERVICES. Counsel hereby agrees to provide its professional services in connection with the following matter: prepare and file motions for default, prepare and file motion for summary judgments and attend hearing, negotiate and file final judgments as needed. SECTION 3. PROFESSIONAL FEES FOR SERVICES. The City and Counsel agree to a rate of $300.00 per hour for attorney services for Jacob D. Varn and other partners and $200.00 per hour for attorney services for associate attorneys. Professional fees for services, including all expenses incurred thusfar, shall not exceed $100,000.00 for the term of this Agreement. SECTION 4. All other terms and conditions of the original Legal Services Agreement remain in full force and effect. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK [GM18-1313-111/279296/1] 2 IN WITNESS WHEREOF, the City and Counsel have executed this Agreement as of the date first written above. Countersigned: CITY OF CLEARWATER, FLORIDA ___________________________ By: __________________________ Frank Hibbard Micah Maxwell Mayor Interim City Manager Approved as to form: Attest: ___________________________ ________________________________ David Margolis Rosemarie Call City Attorney City Clerk MANSON, BOLVES, DONALDSON, VARN P.A. By: _____________________________ Brian Bolves, Esq. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9508-21 2nd rdg Agenda Date: 11/4/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9508-21 on second reading, amending Chapter 51 of the Community Development Code to incorporate updated FEMA flood hazard maps, authorizing the Floodplain Administrator to rely on best available data when local data is available in establishing the minimum basis for flood hazard areas and base flood elevations; clarifying definitions; providing certain conditions for when accessory structures may be located below the base flood elevation; updating minimum elevation standards consistent with the Florida Building Code and FEMA best practices. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/4/2021 1 Ordinance No. 9508-21 ORDINANCE NO. 9508-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING CHAPTER 51 FLOOD DAMAGE PREVENTION; PROVIDING FOR INCORPORATION OF UPDATED FEMA FLOOD HAZARD MAPS; AUTHORIZING THE FLOODPLAIN ADMINISTRATOR TO RELY ON BEST AVAILABLE DATA, WHEN LOCALLY DETERMINED DATA IS AVAILABLE, IN ESTABLISHING THE MINIMUM BASIS FOR FLOOD HAZARD AREAS AND BASE FLOOD ELEVATIONS; CLARIFYING DEFINITIONS SPECIFIC TO THIS CHAPTER; PROVIDING CERTAIN CONDITIONS FOR WHEN ACCESSORY STRUCTURES MAY BE LOCATED BELOW THE BASE FLOOD ELEVATION; UPDATING MINIMUM ELEVATION STANDARDS CONSISTENT WITH FLORIDA BUILDING CODE AND FEMA BEST PRACTICES; CERTIFYING PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted the Community Development Code on January 21, 1999 which took effect on March 8, 1999; and WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of the City of Clearwater and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare; and WHEREAS, the City of Clearwater wishes to incorporate the new Federal Emergency Management Agency Flood Insurance Study and Flood Insurance Rate Maps, which were effective August 24, 2021, into Chapter 51 of the Clearwater Community Development Code; and WHEREAS, the City of Clearwater also wishes to utilize best available data, including but not limited to the Pinellas County Vulnerability Assessment, to determine flood hazards; and WHEREAS, the City of Clearwater also wishes to add language pertaining to accessory structures per FEMA and State guidance; and WHEREAS, the City of Clearwater was accepted for participation in the NFIP Community Rating System (CRS) on October 1, 1991 and the City desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, the City of Clearwater wishes to retain its Class 6 rating in the NFIP Community Rating System and satisfy the Community Rating System prerequisite to require 2 Ordinance No. 9508-21 manufactured homes installed or replaced in special flood hazard areas to be elevated above the base flood elevation and meet local design flood elevation requirements; and WHEREAS, at a duly noticed public meeting the Clearwater Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered all public testimony and has determined that this amendment is consistent with the City of Clearwater’s Comprehensive Plan and recommended that the City Council adopt this amendment; and WHEREAS, the City Council has fully considered the recommendation of the Community Development Board and testimony and evidence submitted at its public hearing; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Chapter 51. Flood Damage Prevention, Article I. Administration, Division 2. Applicability, Section 51.103. Establishing flood hazard areas, Community Development Code, be amended to read as follows: Sec. 51.103. Establishing flood hazard areas. (1) Basis for establishing flood hazard areas. The flood insurance study for Pinellas County, Florida and incorporated areas, dated August 18, 2009 24, 2021 and all subsequent amendments and revisions, and the accompanying FIRMs, and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this chapter and shall serve as the minimum basis for establishing flood hazard areas. When locally determined data is available, the City will refer to the best available data to establish flood hazard areas. Locally determined data shall include but not be limited to the Pinellas County Sea Level Rise and Storm Surge Vulnerability Assessment (RESTORE Act Vulnerability Assessment (2021)), and any subsequent amendments thereto, which is adopted by reference and made a part of this chapter. Where there are differences in the flood hazard data, the more restrictive shall govern. Studies and maps that establish flood hazard areas are on file at the City of Clearwater Engineering Department. (2) Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to article I Division 5 of this chapter Article, the floodplain administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the city indicates that ground elevations: (a) Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this chapter and, as applicable, the requirements of the Florida Building Code. (b) Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the owner or owner’s authorized agent (hereafter 3 Ordinance No. 9508-21 “applicant”) applicant obtains a letter of map change that removes the area from the special flood hazard area. Section 2. That Chapter 51. Flood Damage Prevention, Article I. Administration, Division 4. Permits, Section 51.306. Expiration, Community Development Code, be amended to read as follows: Sec. 51.306. Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be requested in writing and justifiable cause shall be demonstrated. Section 3. That Chapter 51. Flood Damage Prevention, Article I. Administration, Division 7. Variances and Appeals, Section 51.601. General, Community Development Code, be amended to read as follows: Sec. 51.601. General. The building/flood board of adjustment and appeals shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code this chapter. Pursuant to section 553.73(5) F.S. the building/flood board of adjustment and appeals shall hear and decide on requests for appeals and requests for variances. This section does not apply to Section 3109 of the Florida Building Code, Building. Section 4. That Chapter 51. Flood Damage Prevention, Article II, Definitions, Division 2. Definitions, Section 51.851. Definitions, Community Development Code, be amended to read as follows: Sec. 51.851. Definitions. Accessory structure means a structure on the same parcel of property as a principal structure, the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes accessory structures used only for parking and storage. * * * * * * * * * * Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are. to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before June 4, 1971. 4 Ordinance No. 9508-21 Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). * * * * * * * * * * Market value means the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this chapter, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. The market value of a non-residential building does not include the value of the use or occupancy. Market value is the actual cash value (in-kind replacement cost depreciated for age, wear and tear, neglect, and quality of construction) determined by a qualified independent appraiser, or the “Just Value” of the structure, developed by the Pinellas County Property Appraiser’s Office (the “PAO”) for Ad Valorem taxation purposes, adjusted to approximate market value as determined by the PAO. may be established by a qualified independent appraiser using a recognized appraisal method or tax assessment value adjusted to approximate market value by a factor provided by the property appraiser. * * * * * * * * * * New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after June 4, 1971 * * * * * * * * * * Section 5. That Chapter 51. Flood Damage Prevention, Article III. Flood Resistant Development, Division 2. Buildings and Structures, Community Development Code, be amended to add a new Section 51.1004. Accessory Structures to read as follows: Sec. 51.1004. Accessory Structures. Accessory structures, as defined in this chapter, that are located in coastal high hazard areas (Zone V/VE), special flood hazard areas (Zone A/AE), or both areas are permitted below the base flood elevation provided such structures are in compliance with the following standards: (1) Those accessory structures located in Zone V/VE shall not be located below elevated buildings and shall not be larger than 100 sq ft in size; (2) Those accessory structures located in Zone A/AE shall be one-story in height and no larger than 600 sq ft. in size, and shall have flood openings in accordance with Section R322.2 of the Florida Building Code, Residential; (3) Such structures shall only be used for parking and storage purposes; 5 Ordinance No. 9508-21 (4) Such structures shall be anchored to resist floatation, collapse or lateral movement resulting from flood loads; (5) Such structures shall have flood damage-resistant materials used below the base flood elevation plus two (2) feet; and (6) Such structures shall have mechanical, plumbing, and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation plus two (2) feet. Section 6. That Chapter 51. Flood Damage Prevention, Article III. Flood Resistant Development, Division 5. Manufactured Homes, Section 51.1303. Foundations, Community Development Code, be amended to read as follows: All newly installed manufactured homes and replacement manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that: (1) In flood hazard areas (Zone A) other than coastal high hazard areas and Coastal A Zones, are designed in accordance with the foundation requirements of the Florida Building Code, Residential and this chapter. (2) In coastal high hazard areas (Zone V) and Coastal A Zones, are designed in accordance with the foundation requirements of the Florida Building Code, Residential and this chapter. Foundations for manufactured homes subject to Section 51.1305(3) are permitted to be reinforced piers or other foundation elements of at least equivalent strength Section 7. That Chapter 51. Flood Damage Prevention, Article III. Flood Resistant Development, Division 5. Manufactured Homes, Section 51.1305. Elevation Requirements, Community Development Code, be amended to read as follows: Sec. 51.1305. Elevation requirements. (1) All manufactured Manufactured homes that are placed, replaced, or substantially improved in flood hazard areas shall be elevated such that the bottom of the frame is at or above the elevation required as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or R322.3 (Zone V and Coastal A Zone). shall comply with Section 51.1305(2) or 51.1305(3), as applicable (2) General elevation requirement. Unless subject to the requirements of Section 51.1305(3), all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the bottom of the frame is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential. 6 Ordinance No. 9508-21 (3) Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to Section 51.1305(2), including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the: (a) Bottom of the frame of the manufactured home is at or above the elevation required, as applicable to the flood hazard area, in the Florida Building Code, Residential; or (b) Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade Section 8. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 9. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City’s Comprehensive Plan. Section 10. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 11. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 12. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ____________________________ AS AMENDED PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ____________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ ____________________________ Matthew J. Mytych, Esq. Rosemarie Call, MPA, MMC City Clerk PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: October 19, 2021 AGENDA ITEM: F.1. CASE: TA2021-08003 ORDINANCE NO.: 9508-21 REQUEST: To amend the City of Clearwater’s Community Development Code (Floodplain Management Ordinance) to allow for the use of best available data when establishing flood hazard areas, including Pinellas County’s Vulnerability Assessment (2021), to address accessory structures used for parking and storage, to modify provisions for manufactured homes, to modify or delete various definitions, and to make other administrative amendments. INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: The new FEMA Flood Insurance Rate Map (FIRM) was automatically adopted on August 24, 2021. The FIRM was under development since 2014 and implemented very few changes since the initial draft release. Pinellas County and other municipalities submitted comments and objections to the preliminary maps. FEMA evaluated the concerns but did not make any changes to the draft maps. The effective FIRM includes a significant decrease in base flood elevation (BFE) on Clearwater Beach, Sand Key, and Island Estates. In some places, the BFE is 6 feet lower than the previous BFE and outside of the Special Flood Hazard Area (SFHA). This means those properties would not need to elevate or have additional protection from storms. This situation is not unique to Clearwater; all beach communities have lower BFEs per the new FIRM. To address this problem, Pinellas County developed the Sea Level Rise and Storm Surge Vulnerability Assessment (also known as the RESTORE Act Vulnerability Assessment, and hereinafter called the VA) which was finalized this year. The VA has been peer reviewed by Engineering staff, and was presented to City Council on August 30, 2021. City Council agreed that the VA should be used to establish flood hazard areas and applicable BFE for properties in areas where the FIRM establishes a lower BFE than what the VA projects is more likely in a flood event. By regulating Planning & Development Department Development Code Text Amendment Long Range Planning Division Community Development Board – October 19, 2021 TA2021-08003 – Page 2 to a higher standard than the FIRM, the City could receive additional Community Rating System (CRS) points. The Community Rating System Program (CRS 2021) Update implements a Class 8 prerequisite requiring manufactured homes to be elevated the same as other residential properties. This update is applicable to new or replaced manufactured homes and potentially impacts four manufactured home parks within the City located along Tampa Bay. Any CRS community that wants to achieve or maintain a CRS rating of Class 8 or better (i.e., lower rating/score) must include this language. Since the City has a Class 6 rating, not addressing this new requirement would mean an automatic downgrade in CRS score (i.e., at best a Class 9 rating), which would have a significant impact on residents’ insurance premiums. Planning and Development, working closely with Engineering, has prepared Ordinance 9508-21 to codify these updates to the Floodplain Management Ordinance, which was previously amended in 2018 (Ordinance 9189-18). ANALYSIS: Proposed Ordinance No. 9508-21 implements the following revisions. • Pinellas County’s Vulnerability Assessment The proposed ordinance amends Sec. 51.103 Establishing flood hazard areas to adopt Pinellas County’s Vulnerability Assessment (VA) by reference so it can be used as local best available data, and clarifies that where there are differences in the data, the more restrictive shall govern. The VA includes a more accurate BFE based on more recent storms, a 3D model, and new light detection and radar (LiDAR) imaging data. The BFE in the VA is similar to the previous FIRM, so development will not have significantly different than requirements prior to August 24, 2021, although in limited areas the BFE in the VA may be one or two feet higher than the older requirements. The City will regulate using the VA in locations where the FIRM’s BFE is lower than the VA’s BFE. In summary, the City will regulate to the higher BFE of the two approaches, VA or new FIRM. The FIRM will continue to regulate which properties need flood insurance if they have a federally backed-mortgage. The FIRM will also continue to delineate the Limit of Moderate Wave Action (LiMWA) and Coastal A Zone. • Manufactured Home Elevations The proposed amendments to Sec. 51.1305 Elevation requirements identify the height which manufactured homes will need to be elevated, where previously additional elevation was not required. All manufactured homes that are placed, replaced, or substantially improved in the SFHA shall be elevated to at least the elevation required in the Florida Building Code, Residential Section. This means manufactured homes need to be elevated to the BFE plus 2 feet of freeboard. Planning & Development Department Development Code Text Amendment Long Range Planning Division Community Development Board – October 19, 2021 TA2021-08003 – Page 3 • Additional Updates Administrative changes were suggested by FEMA and the Florida Department of Emergency Management (FDEM) to make the City’s Floodplain Management Ordinance consistent with other municipal floodplain management ordinances throughout the State. These administrative changes include: • Adding a definition of accessory structures, which for the purpose of this chapter includes those used for parking and storage only, and allowing such accessory structures to be located below the BFE when the newly establish regulations are followed (proposed Section 51.1004); • Modifying the definition of market value, and deleting definitions for existing manufactured home park or subdivision and expansion to an existing manufactured home park or subdivision; • Updating the effective Flood Insurance Study (FIS) date; and • Making other minor administrative revisions. CRITERIA FOR TEXT AMENDMENTS: CDC Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following goals, objectives and policies which will be furthered by the proposed Code amendments: Policy D.3.3.7 Continue active participation and cooperation with the National Flood Insurance Program and the Florida Emergency Management Agency for the purpose of recognizing flood prone areas, and establishing abatement programs that endeavor toward a reduction in damages and losses due to flooding. Goal E.2 New Development, redevelopment, and investment in public facilities, utilities, and infrastructure shall be managed and regulated to reduce flood risk in the coastal areas resulting from high-tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea level rise and to reduce losses due to flooding and claims made under flood insurance policies issued in this state. Objective E.2.1 Development and redevelopment in the City shall be planned and managed to reduce risk and losses due to flooding resulting from high-tide events, Planning & Development Department Development Code Text Amendment Long Range Planning Division Community Development Board – October 19, 2021 TA2021-08003 – Page 4 storm surge, flash floods, stormwater runoff, and the related impacts of sea level rise. Policy E.2.1.1 Development and redevelopment plans and proposals in the coastal storm area shall be reviewed for compliance with the goals, objectives and policies of the Comprehensive Plan and other appropriate plans and references, including Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, the City’s National Flood Insurance Policy (NFIP), Community Rating System (CRS) Program, and Floodplain Management Plan. Policy E.2.1.5 The City shall grant building permits in compliance with the rules of FEMA. Objective E.2.2 Hazard mitigation efforts will be implemented to reduce flood risk resulting from high-tide events, storm surge, flash flood, stormwater runoff, and the related impacts of sea level rise. Policy E.2.2.1 The City shall encourage and support hazard mitigation efforts through continuation of the following activities: • Participation in the National Flood Insurance Program’s Community Rating System; • Participation in the Pinellas County’s Local Mitigation Strategy; • Administration of building regulations consistent with City and FEMA regulations; • Review and implementation of appropriate policies and strategies developed by partner agencies or through interagency hazard assessment and mitigation initiatives; • Prohibitions of beach sand dune alterations; and • Restriction of development in floodways. Policy E.2.2.3 The City will continue to apply building code and land development code requirements to ensure noncompliant structures are brought into conformance with FEMA flood elevations standards or will be flood proofed consistent with FEMA standards. Objective E.2.4 The practice of adapting the built environment to address impacts of sea level rise shall be an integral part of the City’s planning process and in its coordinating with partner agencies. Policy E.2.6.1 The City shall continue to evaluate opportunities to protect public facilities, infrastructure, and utilities from the impacts of sea level rise. Planning & Development Department Development Code Text Amendment Long Range Planning Division Community Development Board – October 19, 2021 TA2021-08003 – Page 5 Objective E.4.1 Clearwater shall administer land development regulations to protect public and private property and human life from the effects of hurricane winds and flooding. Policy E.4.1.4 Encourage more efficient and climate resilient construction practices locally by: • Evaluating base finish floor elevation standards with respect to projected sea level rise scenarios and flooding potential; and • Evaluating extending the City’s cumulative substantial improvement and substantial damage regulation from one-year to a multi-year time period; and • Evaluating extending the City’s substantial improvement and substantial damage regulatory threshold to less than 50%. Objective F.1. The City shall continue to protect floodplains, drainage ways, and all other natural areas having functional hydrological characteristics. Policy F.1.2.1 Any construction in the one hundred (100) year floodplain shall comply with all requirements and standards of the Federal Emergency Management Agency of the Federal Flood Insurance Administration, and the City's building codes. The City’s Comprehensive Plan has always incorporated policies related to limiting development in and the protection of floodplains. As a coastal community, reducing risk and losses due to flooding is imperative to the safety of the City’s residents, as stated in Goal E.2. and its related policies. The Comprehensive Plan contains a wide variety of other goals, objectives and policies that reinforce this, as well as the need to continue to comply with the requirements of FEMA and building codes, and to continue to participate in the NFIP. Proposed Ordinance 9508-21 implements these goals, objectives and policies by enabling the City to use Pinellas County’s Vulnerability Assessment as the best available data to establish a higher BFE in our coastal areas where FEMA’s BFE may be lower, thereby protecting public and private property from flood events which are anticipated to increase in frequency and depth over time due to sea level rise. In addition, the proposed amendments requiring manufactured homes to be elevated the same as other residential properties will help the City meet the requirements to maintain its current CRS Class 6 standing, which implements Policy E.2.1.1 (continued participation in in the National Flood Insurance Program’s Community Rating System) and Policy E.2.2.3 which addresses bringing nonconforming structures into compliance with FEMA’s flood elevation standards. The above referenced goals, objectives and policies of the Comprehensive Plan will be furthered by Ordinance 9508-21. Planning & Development Department Development Code Text Amendment Long Range Planning Division Community Development Board – October 19, 2021 TA2021-08003 – Page 6 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the CDC in that it will be consistent with the following purposes set forth in CDC Section 1-103: Sec. 1-103.A. It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. Sec. 1-103.E.1. Provide for adequate light, air and privacy; secure safety from fire, flood and other damage; prevent overcrowding of the land and undue congestion of population; and improve the quality of life for the citizens of the city. Sec. 1-103.E.2. Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city. Sec. 1-103.E.12. Coordinate the provisions of this Development Code with corollary provisions relating to parking, fences and walls, signs, and like supplementary requirements designed to establish an integrated and complete regulatory framework for the use of land and water within the city. The amendments proposed by this ordinance will further the above referenced purposes of the Community Development Code by implementing the aforementioned goals, objectives and policies of the Comprehensive Plan; by establishing reasonable standards which encourage orderly development; by protecting from flood damage; and by maintaining the Floodplain Management Ordinance which serves as a supplementary requirement within this Code. As stated in Section 51.003, the intent of the Floodplain Management Ordinance “… and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas …” As such, proposed Ordinance 9508-21 furthers the purposes in the CDC. Planning & Development Department Development Code Text Amendment Long Range Planning Division Community Development Board – October 19, 2021 TA2021-08003 – Page 7 SUMMARY AND RECOMMENDATION: The proposed amendment to the Community Development Code is consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 9508-21 that amends the Community Development Code. Prepared by Planning and Development Department Staff: ___________________________ Lauren Matzke, AICP Planning and Development Assistant Director ATTACHMENTS: Ordinance No. 9508-21 Resume Floodplain Management Ordinance Update Implications for Manufactured Home Parks (MHPs) October 2021 Proposed Revision to Flood Ordinance To help maintain the $1.5 million in annual flood insurance premium savings that the City’s residents receive via FEMA’s Community Rating System, the flood ordinance is being updated. Staff worked with code specialists from Florida Division of Emergency Management to have language that meets FEMA’s, FDEM’s, and the City’s recommendations. Existing requirements (paraphrased) ›Minimum finished floor at 36 inches above grade Proposed change (paraphrased) to meet the CRS compliance ›Bottom of the frame at or above code requirements within the Florida Building Code for structures within Zones A and V (the FBC also refers to local design flood elevation which for Clearwater is +2 feet above the designated FEMA elevation requirements) 2 Proposed Revision to Flood Ordinance 3 Note: Additional regulatory information is available within Chapter 51 –Flood Damage Prevention of the Community Development Code This is an excerpt of the code change that pertains to manufactured home elevation requirements and is not the full set of revisions being considered. There are 6 MHPs (all on the Bay side) within/adjacent to high-risk flood hazard areas; However, Bayside Gardens and Bay Breeze Trailer Park have recently been redeveloped, leaving 4 MHPs with flood areas on or immediately adjacent to the parks. Manufactured Home Parks within FEMA High-Risk Areas The 4 MHP Parks In/Adjacent to the SFHA ›Bay Aristocrat Village (362 Lots) ›Flood zones AE (Inland), Coastal AE (Some Wave Action) and VE (Coastal) ›All of the lots are within one of the above high-risk flood zones ›Hillside MHP (70 Lots) ›Flood zones X (low risk), AE, and Coastal AE ›Approximately half of the lots are within AE or Coastal AE zones ›Bayside Waters MHP (F/K/A Japanese Gardens Mobile Estates) (368 Lots) ›Flood zones X (low risk), X500,AE, Coastal AE, and VE ›Approximately 60 lots in AE zones (11 of which are Coastal AE; and 1 of those lots is immediately adjacent to VE zone) ›Sky Harbor Estates (137 Lots) ›Flood zone X and a small sliver of X500 adjacent to the bay ›All lots are in Zone X (However, 7 lots are immediately adjacent to X500 and VE Zones) 5 Bay Aristocrat Village Relation to the Special Flood Hazard Areas and Base Flood Elevations (Effective August 24, 2021) 6 7 Bay Aristocrat Village Sample Elevation Certificate 8 Bay Aristocrat Village Sample Elevation Certificate 9 Bay Aristocrat Village 1 2 3 4 5 6 8-inch step 48-inches (4 feet) above grade6.3 Feet Lowest Adjacent Grade 10.3 Feet Top of Bottom Floor 9 Feet Base Flood Elevation (at time of construction) All elevations referenced are NAVD88 Zone and BFE in Effect for EC: AE; 9 Feet (FIRM Date 09/03/03) Zone and BFE based on Current Effective FIRM: AE (Coastal); 11 Feet (FIRM Date 08/24/21) Design Flood Elevation: 13 Feet (Effective BFE + 2 Feet) 10 Bay Aristocrat Village 24 30 23 29 22 28 21 27 20 26 19 25 18 24 17 23 16 22 15 21 14 20 13 19 12 18 11 17 10 16 9 15 8 14 7 13 6 12 5 11 4 10 3 9 2 8 1 7 Above Ground Level NAVD 88 BFE (When Added to Lot) New BFE (FEMA Maps 08/24/21) New Design Flood Elevation Category 1 Hurricane Depth Category 2 Hurricane Depth Category 3 Hurricane Depth Category 4/5 Hurricane Depth Change Footer here: Insert > Header and Footer (delete if none) 11 Bay Aristocrat Village Ground elevations at Bay Aristocrat are generally 6-feet, with some areas closer to 4-feet at the water’s edge [Elevations referenced are in NAVD88]. Bay Aristocrat Village Summary of Changes 12 Proposed Code Language (Sec. 51.1305 – Elevation requirements) “All manufactured homes that are placed, replaced, or substantially improved in flood hazard areas shall be elevated such that the bottom of the frame is at or above the elevation required as applicable to the flood hazard area”, so for: •Red polygon (~20 lots): •They are within a coastal AE and thus need to adhere to V-zone standards •Land elevation is generally 5 to 7 feet •Base flood elevation is 12 feet •Design flood elevation is 14 feet •Yellow polygon (~20 lots): •They are within a coastal AE or VE zones and thus need to adhere to V-zone standards •Land elevation is generally 6 feet •Base flood elevation is 13 feet •Design flood elevation is 15 feet •Orange polygon (most of the lots in the MHP): •They are within an AE zone and thus need to adhere to those standards •Land elevation is generally 6 to 7 feet •Base flood elevation is 10 feet •Design flood elevation is 12 feet Hillside Relation to the Special Flood Hazard Areas and Base Flood Elevations (Effective August 24, 2021) 13 14 Hillside No sample Elevation Certificates are available through the County’s online viewer tool. Google Street View imagery for sample areas located within the FEMA SFHA. [2014 time stamp for imagery] Change Footer here: Insert > Header and Footer (delete if none) 15 Bay Aristocrat Village Ground elevations on the east side of Hillside MHP (towards S.Bayshore Blvd.) are generally 4 to 6-feet, while those on the west side (towards McMullen Booth Rd.) are 16 to 18-feet [Elevations referenced are in NAVD88]. Hillside Summary of Changes 16 Proposed Code Language (Sec. 51.1305 – Elevation requirements) “All manufactured homes that are placed, replaced, or substantially improved in flood hazard areas shall be elevated such that the bottom of the frame is at or above the elevation required as applicable to the flood hazard area”, so for: •Red polygon (~2 lots): •They are within a coastal AE and thus need to adhere to V-zone standards •Land elevation is generally 2 to 4 feet •Base flood elevation is 12 feet •Design flood elevation is 14 feet •Yellow polygon (~30 lots): •They are within an AE zone and thus need to adhere to those standards •Land elevation is generally 4 to 8 feet •Base flood elevation is 11 feet •Design flood elevation is 13 feet •Orange polygon (~7 lots): •They are within an AE zone and thus need to adhere to those standards •Land elevation is generally 9 to 10 feet •Base flood elevation is 10 feet •Design flood elevation is 12 feet Bayside Waters (F/K/A Japanese Gardens) Relation to the Special Flood Hazard Areas and Base Flood Elevations (Effective August 24, 2021) 17 18 Bayside Waters No sample Elevation Certificates are available through the County’s online viewer tool. Google Street View Imagery for sample areas located within the FEMA SFHA. [2011 time stamp for imagery] Change Footer here: Insert > Header and Footer (delete if none) 19 Bay Aristocrat Village Ground elevations vary between 6 to 8-feet for most of the areas located within the special flood hazard areas of the MHP [Elevations referenced are in NAVD88]. Bayside Waters (F/K/A Japanese Gardens) Summary of Changes 20 Proposed Code Language (Sec. 51.1305 – Elevation requirements) “All manufactured homes that are placed, replaced, or substantially improved in flood hazard areas shall be elevated such that the bottom of the frame is at or above the elevation required as applicable to the flood hazard area”, so for: •Red polygon (~10 lots): •They are within a coastal AE and thus need to adhere to V-zone standards •Land elevation is generally 6 to 8 feet •Base flood elevation is 11 feet •Design flood elevation is 13 feet •Yellow polygon (~12 lots): •They are within an AE zone and thus need to adhere to those standards •Land elevation is generally 7 to 8 feet •Base flood elevation is 11 feet •Design flood elevation is 13 feet •Orange polygon (~45 lots): •They are within an AE zone and thus need to adhere to those standards •Land elevation is generally 8 to 9 feet •Base flood elevation is 10 feet •Design flood elevation is 12 feet Sky Harbor Relation to the Special Flood Hazard Areas and Base Flood Elevations (Effective August 24, 2021) 21 22 Sky Harbor Sample Elevation Certificate 23 Sky Harbor Google Street View Imagery for sample areas located within the FEMA SFHA. [2007 time stamp for imagery] Change Footer here: Insert > Header and Footer (delete if none) 24 Bay Aristocrat Village Ground elevations at the shoreline are generally 10-16 feet, but structures immediately adjacent are located on land approximately 20-feet. [Elevations referenced are in NAVD88]. Sky Harbor Summary of Changes 25 No lots appear to be within the special flood hazard areas. The lots that front the shoreline are adjacent to the velocity zone and should be reviewed for vulnerability to storm surge but will not be impacted as it relates to the proposed code changes. Follow up questions may be directed to: Sarah Kessler, CFM Sarah.Kessler@myclearwater.com Lauren Matzke, AICP Lauren.Matzke@MyClearwater.com 26 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 2nd rdg Ordinance 9503-21 Agenda Date: 11/4/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.2 SUBJECT/RECOMMENDATION: Continue to a date uncertain: Adopt Ordinance 9503-21 on second reading, annexing certain real property whose post office address is 2322 Anna Avenue, Clearwater, Florida 33765, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. SUMMARY: Page 1 City of Clearwater Printed on 11/4/2021 Ordinance No. 9503-21 ORDINANCE NO. 9503-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF ANNA AVENUE APPROXIMATELY 1,150 FEET NORTH OF DREW STREET, WHOSE POST OFFICE ADDRESS IS 2322 ANNA AVENUE, CLEARWATER, FLORIDA 33765 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 31, ROLLING HEIGHTS, according to the map or plat thereof recorded in Plat Book 43, Page 1, Public Records of Pinellas County, Florida; (ANX2021-08014) 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. 9503-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit "A" PROPOSED ANNEXATION Owner(s): Earl L. Davis Kathy Payne Davis Case:ANX2021-08014 Site: 2322 Anna Avenue Property Size(Acres): ROW (Acres): 0.180 Land Use Zoning PIN:07-29-16-76446-000-0310 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 281A To: Residential Low (RL) Low Medium Density Residential (LMDR) 31725376446 1 2 3 4 5 13 14 15 16 17 18 9 10 11 12 13 14 15 16 17 18 19 3 4 5 6 7 8 9 10 11 12 13 14 15 16 19 20 21 22 23 24 25 232425262728293031323334 35 36 37 38 39 40 41 42 54 60 61 62 63 64 65 66 67 68 69 70 72 73 7475767778798081 82 83 84 85 86 87 88 89 90 91 9 9949596979899100101102103 16 17 18 19 20 21 22 23 24 25 16 17 1819 33/06 33/03 33/02 33/01 241.13 240.93 140.6913275757575.33133.67133.84141.84 300.68120 7 8 .29 884.05 10 10 166.64 9 93.881 2 132 102 1 1 1 ANNA AVE ELLA PL SHARKEY RD LORENA LN LAKE FOREST RDFOREST GLEN RDCOLLEGE HILL DRTERRACE DR ED O R A D R 700 732 616 614 764 646 603 602 615 710 711 765 710 733 709 615 730 648 647 765764 647 602 406 602 616 300 731 616 510 710 700 400 506 500 712 750 410 631 317 648 709 615 647 632 600 310 734 601 305 648 23022330232323352338231123222329234623402310231722852294234623592311233523412365233423462352232923292364231623402341231723522340237023062334235823282310231123222364231023532335232823582347731 701 603 249 310 301 765 313 309 23162 3 7 7 2 3 8 6 23412 3 7 6 2 3 7 022802350236123172353231622952276232322972290228623232275 23672280234722792322-Not to Scale--Not a Survey-Rev. 8/5/2021 LOCATION MAP Owner(s): Earl L. Davis Kathy Payne Davis Case: ANX2021-08014 Site: 2322 Anna Avenue Property Size(Acres): ROW (Acres): 0.180 Land Use Zoning PIN: 07-29-16-76446-000-0310 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 281A To: Residential Low (RL) Low Medium Density Residential (LMDR) ^ PROJECT SITE DREW ST N BELCHER RD SHARKEY RD N E C OA C H M A N R D ANNA AVE DORA DR LAKE FOREST RD NORMAN DR GRANGER DR LORENA LN TERRACE DR N ELLA PL VARSITY DR FOREST GLEN RD PALMETTO ST TERRACE DR EH E M E R IC K P L OBERLIN DR BAYWOOD AVE BERKLEY PL EARLHAM DR ACORN CT SHARKEY RD -Not to Scale--Not a Survey-Rev. 8/5/2021 AERIAL PHOTOGRAPH Owner(s): Earl L. Davis Kathy Payne Davis Case: ANX2021-08014 Site: 2322 Anna Avenue Property Size(Acres): ROW (Acres): 0.180 Land Use Zoning PIN: 07-29-16-76446-000-0310 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 281A To: Residential Low (RL) Low Medium Density Residential (LMDR) ANNA AVE ANNA AVE ELLA PL ELLA PL SHARKEY RD SHARKEY RD LORENA LN LORENA LN LAKE FOREST RD LAKE FOREST RD FOREST GLEN RD FOREST GLEN RD COLLEGE HILL DR COLLEGE HILL DR TERRACE DR ETERRACE DR ED O R A D R D O R A D R -Not to Scale--Not a Survey-Rev. 8/5/2021 EXISTING SURROUNDING USES MAP Owner(s): Earl L. Davis Kathy Payne Davis Case: ANX2021-08014 Site: 2322 Anna Avenue Property Size(Acres): ROW (Acres): 0.180 Land Use Zoning PIN: 07-29-16-76446-000-0310 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 281A To: Residential Low (RL) Low Medium Density Residential (LMDR) 31725376446 1 2 3 4 5 13 14 15 16 17 18 9 10 11 12 13 14 15 16 17 18 19 3 4 5 6 7 8 9 10 11 12 13 14 15 16 19 20 21 22 23 24 25 232425262728293031323334 35 36 37 38 39 40 41 42 54 60 61 62 63 64 65 66 67 68 69 70 72 73 7475767778798081 82 83 84 85 86 87 88 89 90 91 9 9949596979899100101102103 16 17 18 19 20 21 22 23 24 25 16 17 1819 33/06 33/03 33/02 33/01 241.13 240.93 140.6913275757575.33133.67133.84141.84 300.68120 7 8 .29 884.05 10 10 166.64 9 93.881 2 132 102 1 1 1 ANNA AVE ELLA PL SHARKEY RD LORENA LN LAKE FOREST RD FOREST GLEN RD COLLEGE HILL DR TERRACE DR ED O R A D R 700 732 616 614 764 646 603 602 615 710 711 765 710 733 709 615 730 648 647 765764 647 602 406 602 616 300 731 616 510 710 700 400 506 500 712 750 410 631 317 648 709 615 647 632 600 310 734 601 305 648 23022330232323352338231123222329234623402310231722852294234623592311233523412365233423462352232923292364231623402341231723522340237023062334235823282310231123222364231023532335232823582347731 701 603 249 310 301 765 313 309 23162 3 7 7 2 3 8 6 23412 3 7 6 2 3 7 022802350236123172353231622952276232322972290228623232275 23672280234722792322-Not to Scale--Not a Survey-Rev. 8/5/2021 Single Family Residential Single Family Residential Single Family Residential Vacant ANX2021-08014 Earl L. and Kathy Payne Davis 2322 Anna Avenue View looking north at subject property 2322 Anna Avenue West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Anna Avenue View looking westerly along Anna Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 2nd Rdg Ordinance 9504-21 Agenda Date: 11/4/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.3 SUBJECT/RECOMMENDATION: Continue to a date uncertain: Adopt Ordinance 9504-21 on second reading, amending the future land use plan element of the Comprehensive Plan to designate the land use for certain real property whose post office address is 2322 Anna Avenue, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Residential Low (RL). SUMMARY: Page 1 City of Clearwater Printed on 11/4/2021 Ordinance No. 9504-21 ORDINANCE NO. 9504-21 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 NORTH SIDE OF ANNA AVENUE APPROXIMATELY 1,150 FEET NORTH OF DREW STREET, WHOSE POST OFFICE ADDRESS IS 2322 ANNA AVENUE, CLEARWATER, FLORIDA 33765, 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 31, ROLLING HEIGHTS, according to the map or plat thereof recorded in Plat Book 43, Page 1, Public Records of Pinellas County, Florida; Residential Low (RL) (ANX2021-08014) 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. 9503-21. Ordinance No. 9504-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit "A" PROPOSED FUTURE LAND USE MAP Owner(s): Earl L. Davis Kathy Payne Davis Case:ANX2021-08014 Site: 2322 Anna Avenue Property Size(Acres): ROW (Acres): 0.180 Land Use Zoning PIN:07-29-16-76446-000-0310 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 281A To: Residential Low (RL) Low Medium Density Residential (LMDR) 31725376446 1 2 3 4 5 13 14 15 16 17 18 9 10 11 12 13 14 15 16 17 18 19 3 4 5 6 7 8 9 10 11 12 13 14 15 16 19 20 21 22 23 24 25 232425262728293031323334 35 36 37 38 39 40 41 42 54 60 61 62 63 64 65 66 67 68 69 70 72 73 7475767778798081 82 83 84 85 86 87 88 89 90 91 9 9949596979899100101102103 16 17 18 19 20 21 22 23 24 25 16 17 1819 33/06 33/03 33/02 33/01 241.13 240.93 140.6913275757575.33133.67133.84141.84 300.68120 7 8 .29 884.05 10 10 166.64 9 93.881 2 132 102 1 1 1I RL RL RL RU RU RLRL RU RL RL RLRL ANNA AVE ELLA PL SHARKEY RD LORENA LN LAKE FOREST RDFOREST GLEN RDCOLLEGE HILL DRTERRACE DR E700 732 616 614 764 646 603 602 615 711 765 710 733 709 615 730 648 647 765764 647 602 406 602 616 300 731 616 510 710 700 400 506 500 750 410 317 648 709 615 647 632 600 310 734 601 305 2302233023352338231123222329234623402310231722852294234623592311233523412365233423462352232923292364231623402341231723522340237023062334235823282310231123222364231023532335232823582347731 710 701 603 249 310 712 301 765 631 313 309 648 2322231623232 3 7 7 2 3 8 6 23412 3 7 6 2 3 7 022802350236123172353231622952276232322972290228623232275 2367228023472279-Not to Scale--Not a Survey-Rev. 8/5/2021 LOCATION MAP Owner(s): Earl L. Davis Kathy Payne Davis Case: ANX2021-08014 Site: 2322 Anna Avenue Property Size(Acres): ROW (Acres): 0.180 Land Use Zoning PIN: 07-29-16-76446-000-0310 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 281A To: Residential Low (RL) Low Medium Density Residential (LMDR) ^ PROJECT SITE DREW ST N BELCHER RD SHARKEY RD N E C OA C H M A N R D ANNA AVE DORA DR LAKE FOREST RD NORMAN DR GRANGER DR LORENA LN TERRACE DR N ELLA PL VARSITY DR FOREST GLEN RD PALMETTO ST TERRACE DR EH E M E R IC K P L OBERLIN DR BAYWOOD AVE BERKLEY PL EARLHAM DR ACORN CT SHARKEY RD -Not to Scale--Not a Survey-Rev. 8/5/2021 AERIAL PHOTOGRAPH Owner(s): Earl L. Davis Kathy Payne Davis Case: ANX2021-08014 Site: 2322 Anna Avenue Property Size(Acres): ROW (Acres): 0.180 Land Use Zoning PIN: 07-29-16-76446-000-0310 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 281A To: Residential Low (RL) Low Medium Density Residential (LMDR) ANNA AVE ANNA AVE ELLA PL ELLA PL SHARKEY RD SHARKEY RD LORENA LN LORENA LN LAKE FOREST RD LAKE FOREST RD FOREST GLEN RD FOREST GLEN RD COLLEGE HILL DR COLLEGE HILL DR TERRACE DR ETERRACE DR ED O R A D R D O R A D R -Not to Scale--Not a Survey-Rev. 8/5/2021 EXISTING SURROUNDING USES MAP Owner(s): Earl L. Davis Kathy Payne Davis Case: ANX2021-08014 Site: 2322 Anna Avenue Property Size(Acres): ROW (Acres): 0.180 Land Use Zoning PIN: 07-29-16-76446-000-0310 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 281A To: Residential Low (RL) Low Medium Density Residential (LMDR) 31725376446 1 2 3 4 5 13 14 15 16 17 18 9 10 11 12 13 14 15 16 17 18 19 3 4 5 6 7 8 9 10 11 12 13 14 15 16 19 20 21 22 23 24 25 232425262728293031323334 35 36 37 38 39 40 41 42 54 60 61 62 63 64 65 66 67 68 69 70 72 73 7475767778798081 82 83 84 85 86 87 88 89 90 91 9 9949596979899100101102103 16 17 18 19 20 21 22 23 24 25 16 17 1819 33/06 33/03 33/02 33/01 241.13 240.93 140.6913275757575.33133.67133.84141.84 300.68120 7 8 .29 884.05 10 10 166.64 9 93.881 2 132 102 1 1 1 ANNA AVE ELLA PL SHARKEY RD LORENA LN LAKE FOREST RD FOREST GLEN RD COLLEGE HILL DR TERRACE DR ED O R A D R 700 732 616 614 764 646 603 602 615 710 711 765 710 733 709 615 730 648 647 765764 647 602 406 602 616 300 731 616 510 710 700 400 506 500 712 750 410 631 317 648 709 615 647 632 600 310 734 601 305 648 23022330232323352338231123222329234623402310231722852294234623592311233523412365233423462352232923292364231623402341231723522340237023062334235823282310231123222364231023532335232823582347731 701 603 249 310 301 765 313 309 23162 3 7 7 2 3 8 6 23412 3 7 6 2 3 7 022802350236123172353231622952276232322972290228623232275 23672280234722792322-Not to Scale--Not a Survey-Rev. 8/5/2021 Single Family Residential Single Family Residential Single Family Residential Vacant ANX2021-08014 Earl L. and Kathy Payne Davis 2322 Anna Avenue View looking north at subject property 2322 Anna Avenue West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Anna Avenue View looking westerly along Anna Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 2nd Rd Ordinance 9505-21 Agenda Date: 11/4/2021 Status: Second ReadingVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 8.4 SUBJECT/RECOMMENDATION: Continue to a date uncertain: Adopt Ordinance 9505-21 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2322 Anna Avenue, Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: Page 1 City of Clearwater Printed on 11/4/2021 Ordinance No. 9505-21 ORDINANCE NO. 9505-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF ANNA AVENUE APPROXIMATELY 1,150 FEET NORTH OF DREW STREET, WHOSE POST OFFICE ADDRESS IS 2322 ANNA AVENUE, CLEARWATER, FLORIDA 33765, 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. 9503-21. Property Zoning District Lot 31, ROLLING HEIGHTS, according to the map or plat thereof recorded in Plat Book 43, Page 1, Public Records of Pinellas County, Florida; Low Medium Density Residential (LMDR) (ANX2021-08014) Ordinance No. 9505-21 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Matthew J. Mytych, Esq. Assistant City Attorney Attest: Rosemarie Call, MPA, MMC City Clerk Exhibit "A" PROPOSED ZONING MAP Owner(s): Earl L. Davis Kathy Payne Davis Case:ANX2021-08014 Site: 2322 Anna Avenue Property Size(Acres): ROW (Acres): 0.180 Land Use Zoning PIN:07-29-16-76446-000-0310 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 281A To: Residential Low (RL) Low Medium Density Residential (LMDR) 31725376446 1 2 3 4 5 13 14 15 16 17 18 9 10 11 12 13 14 15 16 17 18 19 3 4 5 6 7 8 9 10 11 12 13 14 15 16 19 20 21 22 23 24 25 232425262728293031323334 35 36 37 38 39 40 41 42 54 60 61 62 63 64 65 66 67 68 69 70 72 73 7475767778798081 82 83 84 85 86 87 88 89 90 91 9 9949596979899100101102103 16 17 18 19 20 21 22 23 24 25 16 17 1819 33/06 33/03 33/02 33/01 241.13 240.93 140.6913275757575.33133.67133.84141.84 300.68120 7 8 .29 884.05 10 10 166.64 9 93.881 2 132 102 1 1 1 ANNA AVE ELLA PL SHARKEY RD LORENA LN LAKE FOREST RDFOREST GLEN RDCOLLEGE HILL DRTERRACE DR ED O R A D R I LMDR 700 732 616 614 764 646 603 602 710 711 710 733 615 730 648 765764 647 602 406 602 731 510 710 700 400 506 500 712 750 410 631 317 648 709 615 647 632 600 310 734 601 648 2302233023382322234623402310228522942346235923112335236523342346235223292329236423162340234123172352234023702306233423582328231023112322236423102353233523282358LMDR LMDR LMDR LMD 731 615 765 709 701 603 647 616 300 616 249 310 301 765 313 305 309 2322231623232 3 7 723352 3 8 6 2341231123292 3 7 6 2 3 7 022802350 2317236123172353231623412295227623232297229022862323227523672280234722792347-Not to Scale--Not a Survey-Rev. 8/5/2021 LOCATION MAP Owner(s): Earl L. Davis Kathy Payne Davis Case: ANX2021-08014 Site: 2322 Anna Avenue Property Size(Acres): ROW (Acres): 0.180 Land Use Zoning PIN: 07-29-16-76446-000-0310 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 281A To: Residential Low (RL) Low Medium Density Residential (LMDR) ^ PROJECT SITE DREW ST N BELCHER RD SHARKEY RD N E C OA C H M A N R D ANNA AVE DORA DR LAKE FOREST RD NORMAN DR GRANGER DR LORENA LN TERRACE DR N ELLA PL VARSITY DR FOREST GLEN RD PALMETTO ST TERRACE DR EH E M E R IC K P L OBERLIN DR BAYWOOD AVE BERKLEY PL EARLHAM DR ACORN CT SHARKEY RD -Not to Scale--Not a Survey-Rev. 8/5/2021 AERIAL PHOTOGRAPH Owner(s): Earl L. Davis Kathy Payne Davis Case: ANX2021-08014 Site: 2322 Anna Avenue Property Size(Acres): ROW (Acres): 0.180 Land Use Zoning PIN: 07-29-16-76446-000-0310 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 281A To: Residential Low (RL) Low Medium Density Residential (LMDR) ANNA AVE ANNA AVE ELLA PL ELLA PL SHARKEY RD SHARKEY RD LORENA LN LORENA LN LAKE FOREST RD LAKE FOREST RD FOREST GLEN RD FOREST GLEN RD COLLEGE HILL DR COLLEGE HILL DR TERRACE DR ETERRACE DR ED O R A D R D O R A D R -Not to Scale--Not a Survey-Rev. 8/5/2021 EXISTING SURROUNDING USES MAP Owner(s): Earl L. Davis Kathy Payne Davis Case: ANX2021-08014 Site: 2322 Anna Avenue Property Size(Acres): ROW (Acres): 0.180 Land Use Zoning PIN: 07-29-16-76446-000-0310 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 281A To: Residential Low (RL) Low Medium Density Residential (LMDR) 31725376446 1 2 3 4 5 13 14 15 16 17 18 9 10 11 12 13 14 15 16 17 18 19 3 4 5 6 7 8 9 10 11 12 13 14 15 16 19 20 21 22 23 24 25 232425262728293031323334 35 36 37 38 39 40 41 42 54 60 61 62 63 64 65 66 67 68 69 70 72 73 7475767778798081 82 83 84 85 86 87 88 89 90 91 9 9949596979899100101102103 16 17 18 19 20 21 22 23 24 25 16 17 1819 33/06 33/03 33/02 33/01 241.13 240.93 140.6913275757575.33133.67133.84141.84 300.68120 7 8 .29 884.05 10 10 166.64 9 93.881 2 132 102 1 1 1 ANNA AVE ELLA PL SHARKEY RD LORENA LN LAKE FOREST RD FOREST GLEN RD COLLEGE HILL DR TERRACE DR ED O R A D R 700 732 616 614 764 646 603 602 615 710 711 765 710 733 709 615 730 648 647 765764 647 602 406 602 616 300 731 616 510 710 700 400 506 500 712 750 410 631 317 648 709 615 647 632 600 310 734 601 305 648 23022330232323352338231123222329234623402310231722852294234623592311233523412365233423462352232923292364231623402341231723522340237023062334235823282310231123222364231023532335232823582347731 701 603 249 310 301 765 313 309 23162 3 7 7 2 3 8 6 23412 3 7 6 2 3 7 022802350236123172353231622952276232322972290228623232275 23672280234722792322-Not to Scale--Not a Survey-Rev. 8/5/2021 Single Family Residential Single Family Residential Single Family Residential Vacant ANX2021-08014 Earl L. and Kathy Payne Davis 2322 Anna Avenue View looking north at subject property 2322 Anna Avenue West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Anna Avenue View looking westerly along Anna Avenue Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9928 Agenda Date: 11/4/2021 Status: City Manager ReportVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Approve the 2021 State Legislative Agenda. SUMMARY: Each year, the City submits a list of legislative priorities for consideration by the state legislature during their annual 60-day session in Tallahassee. The City’s legislative liaison works closely with city staff and the City’s lobbying team in Tallahassee to draft a package that is beneficial to Clearwater, and to lobby that package locally and in Tallahassee. Preparation of the package involves determining areas of need, researching funding availability, identifying needed legislation, monitoring and evaluating current legislative issues. Page 1 City of Clearwater Printed on 11/4/2021 2022 State Legislative Priorities The City will seek funding through grants and other sources to assist in implementing projects to meet the needs of our citizens and improve their quality of life. Downtown Waterfront Resiliency As part of Imagine Clearwater, incorporate measures that will protect the Downtown waterfront park from rising sea levels and flooding, while featuring renewable energy initiatives. 1. Wave attenuation walls – $1.2 million Safeguard building infrastructure from catastrophic erosion by receding flood waters after a major storm event. Wave attenuating walls are being installed to shield the dockmaster’s building and the new bandshell. 2. Site fill – $1.4 million Raise the overall elevation of the site. A large amount of site fill is included in the design to lift most of the site by several feet to protect the site and various built infrastructure pieces. 3. Engineered Stormwater Control System – $1.3 million Construct a comprehensive stormwater control system that includes mechanisms for the collection, conveyance, retention, and mitigation of stormwater on the site. The system is being upgraded through subterranean as well as architectural features, including a significant gutter system on the bandshell seating canopy to convey stormwater away from the event area. 4. Solar Panels – $250,000 Install solar panels on several buildings within the park as part of the City’s commitment to Greenprint 2.0, Clearwater’s sustainability plan. Issues to Support We support legislation and programs that benefit municipalities and assist in implementing services to meet the needs of our citizens and improve their quality of life including: • Repeal the state preemption of vacation rental property laws to allow local governments to regulate such properties to protect the health and welfare of their residents, visitors and businesses. • Allow municipalities to establish smoke-free zones within the boundaries of a city park. • Ensure all Florida State and Local Housing Trust Fund monies are used exclusively to finance affordable and workforce housing programs and rental assistance programs. • Preserve the statewide program that assists local governments with maintaining Spring Training facilities. • Develop funding opportunities to coordinate state resiliency programs with those of local governments. • Increase funding for mental health services. • Repeal the state preemption on tree removals for residential properties to allow local governments to regulate tree preservation, removals, and replacements to protect the environment and the health and welfare of their residents, visitors and businesses. • Provide an additional exemption that would restrict the licensed carry of concealed weapons or firearms for ticketed concert events on public property. • Provide intergovernmental coordination that supports sustainability and resiliency efforts at the county and municipal levels, such as clean energy, land conservation, smart growth, a planned transition to 100% renewable energy goals, open space and wetlands preservation, and the impacts of climate change and sea level rise on natural resources and manmade infrastructure. • Establish a framework for a state water infrastructure and water quality funding program that includes sustainable utility practices and intragovernmental coordination. Issues to Oppose We oppose legislation that is detrimental to Clearwater and other municipalities including: • Erosion of local self-government (Home Rule), a constitutional right Floridians supported in a statewide vote 54 years ago. • Increased regulation of, or restrictions on, municipal operations and budgeting. • Preemption of local government’s ability to regulate Airbnb rentals, or similar marketplaces, that allow individuals to rent out unused spaces in their homes for lodging. • Weakening existing laws related to offshore oil drilling in the Gulf of Mexico. • Restriction or elimination of Community Redevelopment Agencies. • Imposed consolidation of municipal and county services. • Expansion of M-CORES (Multi-use Corridors of Regional Economic Significance) toll roads into rural Florida that would create more urban sprawl and ruin unspoiled part of the state. In addition, the City will support the Florida League of Cities in pursuing its legislative issues. The City will strive to inform residents of legislative initiatives that will impact the city and their quality of life and encourage citizen engagement with state legislators. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9939 Agenda Date: 11/4/2021 Status: City Manager ReportVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 9.2 SUBJECT/RECOMMENDATION: Clyde Butcher Exhibit Update - Amanda Thompson, CRA Executive Director SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/4/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9810 Agenda Date: 11/4/2021 Status: Other CouncilVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 11.1 SUBJECT/RECOMMENDATION: PSTA/Forward Pinellas Update - Councilmember Allbritton SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/4/2021