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11/15/2021Monday, November 15, 2021 9:00 AM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers Council Work Session Work Session Agenda November 15, 2021Council Work Session Work Session Agenda 1. Call to Order 2. Planning Provide direction on Clearwater 2045 Comprehensive Plan Update. (WSO) 2.1 Approve an agreement and purchase order for professional services pursuant to RFP 48-21 to Vanasse Hangen Brustlin, Inc. (VHB) for the preparation of the North Greenwood Community Redevelopment Plan for a fee not to exceed $161,500 and authorize the appropriate official to execute the same. 2.2 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 1882 Lakeview Road, and pass Ordinances 9509-21, 9510-21, and 9511-21 on first reading. (ANX2021-09015) 2.3 Provide direction on the proposed second amendment to an existing Development Agreement between the City of Clearwater and 411ES, LLC which provides for certain changes to the conceptual site plan and elevations and increases the overall number of hotel units and height proposed for the subject site and confirm a second public hearing in City Council Chambers before City Council on December 2, 2021, at 6:00 p.m., or as soon thereafter as may be heard. (HDA2019-03001B; 400/405/408/409/411 East Shore Drive). 2.4 3. Parks and Recreation Approve Guaranteed Maximum Price proposals to Keystone Excavators, Inc. of Oldsmar, FL in an amount of $109,450.00 and Khors Construction, Inc., of Pinellas Park, FL in an amount of $121,561.10, each of which includes a 10% contingency, for renovations at the Enterprise Dog Park located at 2671 Enterprise Road pursuant to RFQ 40-20, Construction Manager at Risk (CMAR) Services for Continuing Contracts; approve a first quarter budget amendment to transfer $40,000.00 from project 93286, Parking Lot/Bike Path Resurfacing, to project C2205, Enterprise Road Dog Park Renovation, and authorize the appropriate officials to execute same. (consent) 3.1 Page 2 City of Clearwater Printed on 11/10/2021 November 15, 2021Council Work Session Work Session Agenda Approve purchase orders to Playmore West, Inc., of Fort Myers, FL, for $149,892.20 and Rep Services, Inc., of Longwood, FL for $124,621.97, each of which includes a 10% contingency, for the purchase and installation of playground equipment at the Long Center, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c) Piggyback, and approve a first quarter budget amendment to transfer $53,000.00 from project 93278, Long Center Infrastructure Repairs, to project 93637, Playground Equipment Purchase and Replacement, and authorize the appropriate officials to execute same. (consent) 3.2 Approve a Guaranteed Maximum Price proposal to J.O. DeLotto and Sons, Inc., of Tampa, FL for renovations and restoration of the stadium seating at BayCare Ballpark in an amount of $191,025.00, which includes a 10% contingency, pursuant to RFQ 40-20, Construction Manager at Risk for Continuing Contracts, and authorize the appropriate officials to execute same. (consent) 3.3 Approve a Joint Use Agreement between the School Board of Pinellas County and the City of Clearwater providing for the joint use of facilities, from January 1, 2022 through December 31, 2026, with additional five-year renewal options and authorize the appropriate officials to execute same. (consent) 3.4 Approve a Joint Land Utilization Agreement between the School Board of Pinellas County and the City of Clearwater, from January 1, 2022 through December 31, 2031, with additional five-year renewal options, to provide an outdoor recreation park consisting of basketball courts and recreation play areas at the southeast corner of Russell Street and Douglas Avenue and authorize the appropriate officials to execute same. (consent) 3.5 4. Police Department Approve acceptance of a United States Department of Justice, Office of Justice Programs (OJP), 2021 Bureau of Justice Assistance Fiscal Year 2021 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation, grant award in the amount of $27,900 for Axon Signal Vehicle equipment and authorize the appropriate officials to execute same. (consent) 4.1 Ratify an agreement between the City of Clearwater and Tampa Bay Psychology Associates, LLC, of Clearwater, Florida, for psychological and educational services, in a not to exceed amount of $180,000.00, during the contract period concluding July 31, 2023, pursuant to Clearwater Code of Ordinances Section 2.563(1)(f) Professional services not subject to CCNA, and authorize the appropriate officials to execute same. (consent) 4.2 5. Engineering Page 3 City of Clearwater Printed on 11/10/2021 November 15, 2021Council Work Session Work Session Agenda Approve Supplemental Work Order 3 from Ardurra Group, Inc. for East Water Reclamation Facility (WRF) Influent Pump Station Rehabilitation project (13-0016-UT) in the amount of $187,966.00 for additional design, increasing the work order from $168,965.00 to $356,931.00, and authorize the appropriate officials to execute same. (consent) 5.1 Approve a Master Agreement with Black and Veatch of Tampa, FL, for the Water Reclamation Facility Master Plan project (17-0007-UT) in the amount of $2,748,098 per Request for Qualifications (RFQ) 07-21 and authorize the appropriate officials to execute same. (consent) 5.2 Approve the conveyance of a Distribution Easement to Duke Energy Florida, LLC, d/b/a Duke Energy, for the installation, operation, and maintenance of electric facilities at the City’s Northeast Water Reclamation Facility whose address is 3200 State Road 580 and authorize the appropriate officials to execute same. (consent) 5.3 6. Marine & Aviation Ratify and confirm authorization to increase Purchase Order No. 20001154 to Erickson Consulting Engineers (ECE) of Sarasota, FL, for Supplemental Work Order 1 for emergency repair design associated with the Clearwater Harbor Marina, in the amount of $122,100.00 for a new design total of $215,600.00 pursuant to RFQ 26-19, Engineer of Record, and authorize the appropriate officials to execute same. (consent) 6.1 7. Official Records and Legislative Services Approve the 2022 City Council Meeting Schedule.7.1 8. City Manager Verbal Reports 9. City Attorney Verbal Reports 10. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). 11. Closing Comments by Mayor 12. Adjourn 13. Presentation(s) for Council Meeting Oath of Office for City Manager Jon Jennings13.1 Page 4 City of Clearwater Printed on 11/10/2021 November 15, 2021Council Work Session Work Session Agenda November Service Awards13.2 Airpark Advisory Board Annual Presentation - Kelli O’Donnell, Chair13.3 Environmental Advisory Board Annual Presentation - Jared Leone, Chair13.4 Parks and Recreation Board Annual Presentation - Bruce Rector, Chair13.5 Page 5 City of Clearwater Printed on 11/10/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9933 Agenda Date: 11/15/2021 Status: Agenda ReadyVersion: 1 File Type: PresentationIn Control: Planning & Development Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Provide direction on Clearwater 2045 Comprehensive Plan Update. (WSO) SUMMARY: The Planning and Development Department initiated the Clearwater 2045 Comprehensive Plan update project last fall, contracting with HDR, Inc. and SB Friedman Development Advisors to provide land use, housing, and mobility expertise. The overall plan update is a two-year planning process, with anticipated completion in Fall 2022. The project is divided into five overall tasks: (1) Project Start Up, (2) Data & Analysis, (3) Visioning & Planning Framework, (4) Plan Drafting, and (5) Plan Refinement & Adoption. To date, Task 1 is complete, and Task 2 is substantially complete with the summaries of the data and analysis sections drafted. Task 3 is in process and will be the primary focus of the presentation. A significant amount of community engagement was completed before the project team proceeded with preparing an updated vision and a preliminary framework to present to the Community Development Board and City Council for feedback, as called for in Task 3. Engagement activities were conducted between April and July 2021, reaching over 300 people. Participants were asked to discuss the current condition of Clearwater and their vision for the city, and were able to participate through a variety of formats, including Listening Sessions with community leaders and Community Conversations conducted virtually, in person, and specifically with youth. The project website - Clearwater2045.com - included an early survey asking “5 Key Questions”, as well as a questionnaire “Our Plan, Your Vision” asking participants to indicate which themes they think should be included in the proposed vision, which is described below. A detailed summary of the community engagement activities is provided with this memo which highlights the concepts, issues and ideals that arose in each of the sessions, and the team will highlight findings from the vision questionnaire during the presentation. The project team has taken the feedback and insights provided by the different participants and identified themes to create a vision for Clearwater 2045. Additionally, building on the current Comprehensive Plan’s Citywide Design Structure, a place-based Preliminary Plan Framework is being developed to provide generalized direction addressing land use, development, and community character for types of places including neighborhoods and neighborhood centers, Downtown and the beach, and mixed-use centers and corridors. The framework will define the preferred development character and design quality of these place -types across the city and will later be used to establish goals and policy statements and potentially density and intensity ranges by geographic area. The project team will provide an update on the overall project’s progress, discuss observations Page 1 City of Clearwater Printed on 11/10/2021 File Number: ID#21-9933 from the data and analysis and community engagement tasks that may be key drivers and considerations for the remainder of the planning process, and introduce and seek direction and feedback on themes identified for the vision and the preliminary framework of the updated plan. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 11/10/2021 Summary of Clearwater 2045 Community Engagement Activities City of Clearwater Comprehensive Plan October 2021 SUMMARY OF CLEARWATER 2045 COMMUNITY ENGAGEMENT ACTIVITIES OCTOBER 2021 2 Table of Contents Phase 3: Visioning & Planning Framework ......3 Summary of Participation ............................................4 Listening Sessions .............................................................................................5 Zoom Community Conversations ...............................................................7 Youth Community Conversations ...............................................................8 In-Person Community Conversations .....................................................10 Other Engagement - Project Website .....................................................13 5 Key Questions ...............................................................................................13 Attachments ...............................................................15 A. “Dot-Mocracy” Share Your Opinion Map .........................................16 B. In-Person Participant Location Map ...................................................18 C. Community Engagement Timeline Table ..........................................20 Take part in Clearwater’s Comprehensive Plan 2045. We want to hear your voice. Join us for in-person community conversations to provide your input on the city’s future. Community Conversations FACILITY DATE Main Library 100 N Osceola AveRescheduled Wed., Tue., July 14 July 20 6:30 p.m. North Greenwood Recreation Center 900 N Martin Luther King Jr Ave Mon., July 19 6:30 p.m. Hispanic Outreach Center (Spanish Speaking)612 Franklin St Rescheduled at the request of the HOC Wed., Wed., July 21 July 28 10:30 a.m. 6:30 p.m. Clearwater Beach Recreation Complex 69 Bay Esplanade Wed., July 21 6:30 p.m. Countryside Library 2642 Sabal Springs Dr Thu., July 22 6:30 p.m. Morningside Recreation Complex 2400 Harn Blvd Sat., July 24,1 p.m. www.clearwater2045.com SCAN HERE FOR MORE INFORMATION Participa en el Plan Exhaustivo de Clearwater para el 2045. Queremos escuchar tu voz. Únete a nosotros para conversaciones comunitarias en persona, y danos tu opinión para el futuro de la ciudad. Conversaciones con la Comunidad LOCALIZACIÓN/SITIO FECHA Main Library 100 N Osceola Ave Reprogramar: Miércoles Martes Julio 14 Julio 20 6:30 p.m. North Greenwood Recreation Center 900 N Martin Luther King Jr Ave Lunes Julio 19 6:30 p.m. Hispanic Outreach Center (Se Habla español) 612 Franklin StCambio de fecha a solicitud del Centro de Apoyo Hispano Miércoles Miércoles Julio 21 Julio 28 10:30 a.m. 6:30 p.m. Clearwater Beach Recreation Complex 69 Bay Esplanade Miércoles Julio 21 6:30 p.m. Countryside Library2642 Sabal Springs Dr Jueves Julio 22 6:30 p.m. Morningside Recreation Complex 2400 Harn Blvd Sábado Julio 24,1 p.m. www.clearwater2045.com ESCANEAR AQUI, PARA MAS INFORMACION SUMMARY OF CLEARWATER 2045 COMMUNITY ENGAGEMENT ACTIVITIES OCTOBER 2021 3 Phase 3: Visioning & Planning Framework The city of Clearwater’s Planning & Development Department (“staff”), in coordination with HDR Inc. (“the consultant”), conducted extensive outreach and community engagement activities between April and July 2021 as part of the Visioning & Planning Framework Phase of the Clearwater2045 Comprehensive Plan Update. Several types of meetings were held to discuss the current condition of Clearwater and the vision for the city over the next 20 years. These include Listening Sessions with community leaders and a variety of Community Conversations conducted virtually, in person, and specifically with youth. A dedicated website, Clearwater2045.com, was also created to keep the public engaged throughout the planning process through short polls, questionnaires, photo contests, and other activities. Staff worked with the Public Communications team to develop an outreach strategy to inform citizens about upcoming events including messaging in citywide publications, media outreach, flyers, posters, social media blasts, email distribution, Council updates and City Manager reports, and similar methods. Throughout the engagement staff collected participants’ zip codes as a means of determining whether participation was coming from across the city as a whole and used additional promotion in areas where there were smaller levels of participation. Figure 1. North Greenwood Community Meeting SUMMARY OF CLEARWATER 2045 COMMUNITY ENGAGEMENT ACTIVITIES OCTOBER 2021 4 Summary of Participation Throughout the course of the engagement phase of Clearwater2045 well over 300 residents participated in virtual, in-person, and online engagement opportunities. Some residents expressed their goals for the future of Clearwater at a single meeting while other were able to join the conversation at several opportunities. No matter the meeting format, diverse and impactful ideas were shared, important conversations were had, and city staff gained valuable insights of what Clearwater’s residents want the plan to contain and address. City staff, alongside the consultant, will use the knowledge gained from the engagement sessions as a guide for the creation of Clearwater2045. While the conversations and subjects were varied and wide-ranging, there were a number of concepts, issues, and ideals that continually arose, no matter the session. These through lines were as follows: • Addressing transportation issues including safety, multimodal connections, congestion, bikability and walkability, public transportation options, etc. • Fostering cultural, social, and artistic vibrancy in the Downtown area, as well as citywide. Increase the number of events (concerts, markets, etc.) and entertainment opportunities that appeal to a diverse age range of the community. Create a draw in the Downtown district with more local businesses and restaurants. • Balancing the emphasis of city policy and programs between neighborhoods, the Downtown district, the beach, and other corridors. Figure 2. Percentage of Participants SUMMARY OF CLEARWATER 2045 COMMUNITY ENGAGEMENT ACTIVITIES OCTOBER 2021 5 • Continuing to invest in parks and public spaces, as well as recreational and athletic opportunities that appeal to and are available for all residents. • Emphasizing sustainability in development and preservation of natural resources. Clearwater must protect the beauty of our surroundings through environmentally friendly actions, development, and use of the natural resources. • Strengthen the local economy and economic prospects of residents through diverse and sustaining jobs, workforce training opportunities, business friendly policies, and promotion of local businesses. More detailed information on each engagement opportunity and the findings are summarized below. The “Dot-Mocracy” activity at the various Community Conversations, which helped to visually display resident’s favorite parts of the city and the areas that may need improvement, is provided as Attachment A. Attachment B shows a geographic distribution of the participants for the In-Person sessions, and Attachment C is a table of the timeline of the engagement process. Listening Sessions Staff worked with City Council to identify community leaders representing various groups, cultures, and organizations to invite to a series of small group Listening Sessions facilitated by the consultant in May 2021. Over 30 community leaders from local neighborhood associations, the Latino community, the African American/Black community, and the development/business community participated. These sessions were used to introduce the planning process, discuss ideas for the future of the city, and solicit feedback regarding strategies to engage the community throughout the process of updating the city’s Comprehensive Plan. They were the first in a series of public engagement activities used to learn more about community issues, ideas, and visions for the City’s future. The following common issues or concerns were raised: 1. Clearwater Beach • City’s focus on beach development, public investment, and tourism, as well as beach traffic and parking. • Suggestions offered regarding circulators, water taxi, and other forms of public transit to relieve beach congestion. • Beach employee transportation and parking challenges. 2. Housing Affordability • Housing affordability in the city and the loss of mobile home park units and the impact on those displaced. SUMMARY OF CLEARWATER 2045 COMMUNITY ENGAGEMENT ACTIVITIES OCTOBER 2021 6 3. Downtown Clearwater • Interest in Downtown improvement, e.g., improved streetscapes and more housing Downtown for beach visitors/workers. 4. North Greenwood Community Development • Disinvestment; displacement; over-policing; lack of access to jobs and housing affordability; and representation on City Council and boards, and committees. 5. Development • Direction of recent development and the conflicts that arise in transition areas, e.g., commercial to residential. 6. Mobility • Potential for transit to better connect destinations and ease congestion. Several shared concerns about transit service inefficiencies, including low frequency of service and multiple transfers to access destinations. • Desire for improved walkability, safety, and pedestrian comfort. • Mobility challenges along east/west corridors. Expressed mixed support for complete streets improvements including along Drew Street. 7. Community Outreach, Support, and Communication • Disconnect between what the city offers and what the people in the community need. Stated it was difficult to get information about benefits available to the community. • City staff and Council members not responsive to community concerns. Desire more open lines of communication desired between the city and community (stated by a few participants). 8. Greenspace Conservation/Parks & Recreation/Natural Resources • Want Comprehensive Plan to include research on health benefits of access to nature, i.e., effects on mental and physical health. Figure 3. Listening Sessions Agenda SUMMARY OF CLEARWATER 2045 COMMUNITY ENGAGEMENT ACTIVITIES OCTOBER 2021 7 Zoom Community Conversations In an effort to maximize public participation while adhering to COVID-19 restrictions that limit in-person gatherings, staff conducted virtual meetings called Community Conversations with small groups via the Zoom platform. Community members were encouraged to sign-up to participate using Sign-Up Genius. Seven Zoom meetings were held in May and June 2021 with a total of 20 participants. Participants on the Zoom meetings engaged in open discussion about the future of the city. They were asked one question at a time and allowed up to 15 minutes for discussion before moving to the next question. Staff facilitated the conversations and took general notes, with the intent that comments would not be attributed to a particular individual to encourage open and honest dialogue. The three questions posed to participants were: 1. When you share information about Clearwater with others, what do you tell them about our city? What makes the city unique? 2. What are two or three priorities that the city should address in the next 5-10 years as it plans for the future? 3. If funding were not an issue, what is your vision of Clearwater in 5-10 years? Top priorities mentioned by participants included: 1. Addressing transportation issues such as walkability, transit, and congestion. Examples of what we heard: • More walkability in the city • Traffic concerns, increase multi modal transportation opportunities 2. Emphasizing sustainability in development and preservation of natural resources. Examples of what we heard: • Sustainability should be promoted and supported (development, energy, water, etc.) • Nature preservation/restoration 3. Promoting community character through diversity and inclusion. Examples of what we heard: • Beautiful and diverse city with immense possibilities • Be more inclusive for everyone - religion, disabilities, backgrounds, etc. SUMMARY OF CLEARWATER 2045 COMMUNITY ENGAGEMENT ACTIVITIES OCTOBER 2021 8 4. Offering destinations for entertainment, restaurants, and the arts particularly in Downtown. Examples of what we heard: • An active Downtown with reduced vacancies – both residential and commercial • Local music/art venues in Downtown area, similar to the Capitol Theatre • Residential density within the Downtown corridor 5. Providing opportunities for a balanced life with suitable jobs, housing/ neighborhoods, and education. Examples of what we heard: • Opportunity to energize and invest in our neighborhoods Youth Community Conversations Staff held four Youth Community Conversations with middle and high school aged leaders at recreation centers between June 21 and June 28, 2021 to get their perspective on the city today and their desires for the future. These meetings were held at the Long Center, North Greenwood Recreation Center, Morningside Recreation Complex, and Countryside Recreation Center. Approximately 50 youth participated in the discussions. The purpose of the Youth Community Conversations was to gather feedback from Clearwater’s younger voices. The next generation will ultimately inherit the future, so it was important to the city that youth residents have an opportunity to lend a hand in shaping it. Figure 4. Youth Engagement at Countryside Library SUMMARY OF CLEARWATER 2045 COMMUNITY ENGAGEMENT ACTIVITIES OCTOBER 2021 9 Staff led each group through three activities. The first was a mapping exercise to identify where each participant lives by zip code, which also helped orient them to key geographic locations within the city’s planning area. The second exercise asked them to share their thoughts on what they like about the city today as well as places or things they tend to avoid. Activity three asked the participants to identify what is missing in Clearwater and what the future might look like from their perspective. Responses were written on post-it notes and shared with the group. The top youth priorities centered around: 1. Addressing transportation issues such as walkability, biking, and congestion. 2. Providing destinations for youth to enjoy events, attractions, food, and sports/parks. 3. Ensuring a resilient economy including ample job opportunities, supporting the technology sector, and implementing programs and opportunities for business growth. 4. Improving and expanding educational opportunities. 5. Focusing on environmental resiliency, beautification, and aesthetics through greenery and art. The following table provides examples of youth-identified items that came from the discussion and sticky-note exercises during activity three. Table 1. Youth Priorities What is Missing?What Makes You Want to Stay?What is the Future of Clearwater? Skate Parks Clearwater Marine Aquarium Clearwater to be an attraction Indoor sports fields Schools Less car use and more walking More recycling Nice weather Having the best beach in USA Food pantries Outdoor sports facilities Safe place to live Good food/more restaurants Foods at the beach Less blight Culinary school Countryside & Clearwater malls More housing Theme park Access to nature More places and events to walk to Greenery Local food Less pollution More art Sports facilities More help for people with disabilities Better sidewalks Family Dancing and singing programs More plans and nature walks Neighborhood cookouts & parties Clean and nice neighborhoods Not enough places to shop Biking and walking Community & family events Things for kids to do Clearwater Threshers Less racism Jobs Golfing Bike lanes & trails Affordable places to live Moccasin Lake Nature Park Art Higher education/trade school Recreation centers More tech Green energy Affordable food at mall University/Tech schools SUMMARY OF CLEARWATER 2045 COMMUNITY ENGAGEMENT ACTIVITIES OCTOBER 2021 10 In-Person Community Conversations Over the course of two weeks in July 2021, staff conducted a series of in-person Community Conversations at libraries and recreation centers across Clearwater. This maximized the opportunity for diverse public engagement with nearly 200 participants in attendance. In an effort to be as inclusive as possible, staff partnered with the Hispanic Outreach Center and conducted one meeting entirely in Spanish at the HOC office. The seven locations included: 1. Ross Norton Recreation Center 2. North Greenwood Recreation Center 3. Main Library 4. Clearwater Beach Recreation Center 5. Countryside Recreation Center 6. Morningside Recreation Complex 7. Hispanic Outreach Center Each session was comprised of five activities. At the sign-in table, attendees placed dots on a zip code map to identify where they live and to help orient them to key geographic locations within the city’s planning area. The opening presentation included an interactive survey through mentimeter.com, which allowed participants to text their answers to questions asking about their connection to Clearwater, how they heard about the meeting, what they felt made Clearwater “unique,” and rating priorities that had been mentioned at the Zoom and Youth Community Conversations. Figure 5. Community Engagement Clearwater Beach Recreation Center The rest of the activities were conducted in smaller break-out groups. In the “Dot-mocracy” exercise, participants were asked to share their thoughts on what they like about the city today as well as places or things that need improvement. They placed green (positive) and red (negative) dots on the map and wrote their comments and concerns on post-it notes (see Attachment A for map combining all participants’ dots from the seven sessions). In the “Post-it Up” activity, each attendee used post-it notes to identify what top future priorities the city should focus on. The last activity, “EnVision It” had each small group work together to develop a vision statement. At the end of the meeting, a volunteer from each table read their vision statement and participants voted with dots on their favorite. SUMMARY OF CLEARWATER 2045 COMMUNITY ENGAGEMENT ACTIVITIES OCTOBER 2021 11 Some of the key themes that meeting participants felt were important include: 1. Promoting Downtown activities and incentivizing business growth. 2. Addressing transportation issues including safety, multimodal connections, and congestion. 3. Improving access to recreational facilities and ball fields by allowing residential, non-league play. 4. Encouraging inclusion and better representation for neighborhoods. 5. Focusing on sustainability, aesthetics, and environmental concerns. Below is a word cloud created by using the 200+ participant submissions on what makes Clearwater “unique.” Figure 6. “Unique” Clearwater Word Cloud Figure 7. In-Person “Dot-Mocracy” Activity, Main Library SUMMARY OF CLEARWATER 2045 COMMUNITY ENGAGEMENT ACTIVITIES OCTOBER 2021 12 Vision Statements with the highest vote totals from each In-Person Community Conversation are as follows: • Ross Norton Recreation Center: Clearwater will strive to preserve its resources, support the well-being of its residents and visitors through educational opportunities and entrepreneurship. • North Greenwood Recreation Center: Clearwater is committed to becoming a very inclusive and diversified city, focusing on equity, and thriving to be a city where families can live, learn, work, and play. • Clearwater Main Library: Clearwater is a friendly, safe, inclusively diverse community that shares its coastal life, green spaces, and cultural amenities from sunrise to sunset! • Clearwater Beach Recreation Center: Clearwater: A future-focused community that is a vibrant destination, with cultural diversity, a business-friendly environment, that protects our natural resources for generations to come. • Countryside Library: Our Clearwater is a diverse, active, neighborly, safe, beautiful, accessible community that builds on our strengths while preserving our environment and our past. • Morningside Recreation Complex: Clearwater – sheer beauty. A diverse community striving together in unity, where sharing and caring, rising and shining in this bright and beautiful, quintessential, scenic, and charming city. A magnificent place to live. • Hispanic Outreach Center: Clearwater, where people enjoy a diverse city where it offers beaches and tourist attractions and the friendliness of its socio-cultural variety. Figure 8. In-Person Visioning Exercise SUMMARY OF CLEARWATER 2045 COMMUNITY ENGAGEMENT ACTIVITIES OCTOBER 2021 13 Other Engagement – Project Website A dedicated project website, Clearwater2045.com was created using the Bang the Table Engagement HQ platform to solicit feedback from the community and provide a resource for all upcoming events and information pertaining to the Comprehensive Plan project. As part of the city’s initial engagement efforts, a four-week photo contest was conducted whereby participants could post photographs of something “uniquely Clearwater.” Over the four weeks, 58 photos were submitted. Another poll asked what Clearwater data participants might be interested in seeing on the website. This will be used as staff completes the data and analysis phase and prepares additional infographics and other information to share on the “Our Community” page of the website. A mapping exercise also lets users pin where they live, work, or play within the planning area. 5 Key Questions Visitors to the website also had the opportunity to complete a five-question survey that aligned with the discussions at the in-person, Zoom, and youth engagement sessions. This survey was available when the webpage launched and was promoted through social media in September as an alternative for participants who may have missed the Community Conversations (closed on September 9th, 2021). Questions related to what residents most enjoyed, had concerns about, and would like to improve about Clearwater. A total of 155 registered participants responded. Direct quotes from the 5 Key Questions that represent themes found across responses, as well as two example submissions are provided on the following page. Figure 9. Photo Submission from Photo Contest Figure 10. Five Key Questions SUMMARY OF CLEARWATER 2045 COMMUNITY ENGAGEMENT ACTIVITIES OCTOBER 2021 14 Figure 11. Example Online Response Figure 12. Example Online Response I LOVE this one thing most about Clearwater: “If I have to pick one thing it’s natural beauty in an urban setting. Clearwater is clean, full of life, full of nature, refreshing weather, friendly people, lots of community assets like parks & recreation centers, It’s paradise.” “Great place to Live: We have many wonderful neighborhoods and parks. We have good schools. We have good jobs and retail services.” “The vicinity to the beaches and the community feel towards other people who live here.” “I truly love the aesthetics of this city. I love the artwork which you will find everywhere, all around the city. We have the statuary on Cleveland Street, and the murals on so many buildings.” Table 2. Selected Responses to 5 Key Questions One thing that would IMPROVE our city the most: “More affordable housing, and more reliable and thorough public transportation” “Improve access to the beach so the traffic buildup is not so intense on the access roads.” “A more inclusive and expanded Downtown, with more small businesses geared to sustainable products, that could easily be reached from all neighborhoods through public transportation.” “Get a handle on the homelessness. I don’t like going near the city center because of this. There are a lot of business owners in the old downtown area, and you are harming them by failing to control homelessness.” Table 3. Selected Responses to 5 Key Questions SUMMARY OF CLEARWATER 2045 COMMUNITY ENGAGEMENT ACTIVITIES OCTOBER 2021 15 ATTACHMENTS A. “Dot-Mocracy” Share Your Opinion Map B. In-Person Participant Location Map C. Community Engagement Timeline Table Remainder of page intentionally left blank SUMMARY OF CLEARWATER 2045 COMMUNITY ENGAGEMENT ACTIVITIES OCTOBER 2021 16 Attachment A. “Dot-Mocracy” Share Your Opinion Map and Table Table 4. Selected General Thoughts from “Dot-Mocracy” Exercise Good Needs ImprovementRestaurants and shopping opportunities/diversity Congestion along main transportation corridors; Pedestrian and traffic safety Beach and water access Housing affordability and stock Cultural opportunities (e.g. Ruth Eckerd Hall, Capitol Theatre, Jazz Holiday)Connected between neighborhoods and areas of Clearwater Recreation centers and libraries Focus on environmental improvement and resiliency Downtown improvements and activation More inviting and vibrant Downtown Figure 13. Image of Opinions from “Dot-Mocracy” Activity Figure 14. Image of Completed “Dot-Mocracy” Activity City of Tampa, Esri, HERE, Garmin, INCREMENT P, USGS, EPA "Dot-Mocracy" Share Your Opinion Collection of all in-person responses to Share Your Opinion Activity Good Needs Improvement FNot to scale SUMMARY OF CLEARWATER 2045 COMMUNITY ENGAGEMENT ACTIVITIES OCTOBER 2021 18 Attachment B. In-Person Participant Location Map(s) Remainder of page intentionally left blank City of Tampa, Esri, HERE, Garmin, INCREMENT P, USGS, EPA In-Person Participant Locations Collection of all in-person responses to Where Do You Live Activity Ross Norton Recreation Center North Greenwood Recreation Center Main Library Clearwater Beach Recreation Center Countryside Library Morningside Recreation Center Hispanic Outreach Center Youth FNot to scale SUMMARY OF CLEARWATER 2045 COMMUNITY ENGAGEMENT ACTIVITIES OCTOBER 2021 20 Attachment C. Community Engagement Timeline Table Engagement Session Meeting Date Virtual Listening Sessions (HDR) Neighborhoods Outreach Group 5/19/2021 Black and African American Outreach Group 5/24/2021 Business Leaders & Development Professionals 5/27/2021 Hispanic Outreach 5/27/2021 Zoom Community Conversations Session 1 5/26/2021 Session 2 5/27/2021 Session 3 6/3/2021 Session 4 6/5/2021 Session 5 6/8/2021 Session 6 6/9/2021 Session 7 6/15/2021 In Person Youth Engagement Long Center 6/21/2021 North Greenwood Recreation Center 6/22/2021 Morningside Recreation Center 6/24/2021 Countryside Library 6/28/2021 In Person Community Conversations Ross Norton Recreation Center 7/13/2021 North Greenwood Recreation Center 7/19/2021 Main Library 7/20/2021 Clearwater Beach Recreation Center 7/21/2021 Countryside Recreation Center 7/22/2021 Morningside Recreation Center 7/24/2021 Hispanic Outreach Center 7/28/2021 Engagement Session Meeting Date Website Opportunities Five Key Questions 5/19/2021 - 9/9/2021 “Uniquely Clearwater” Photo Contest 5/24/2021 - 6/20/2021 CLEARWATER 2045 Comprehensive Plan UpdateCity Council WorkshopMonday, November 15, 2021CLEARWATER 2045: Comprehensive Plan Update Agenda1. Planning Overview & Process2. Early Outreach & Engagement3. Opportunities & Challenges4. Vision & Themes5. Preliminary Framework6. Next StepsCLEARWATER 2045: Comprehensive Plan Update Planning Overview & ProcessCLEARWATER 2045: Comprehensive Plan Update CLEARWATER 2045: Comprehensive Plan UpdatePLAN PURPOSEEstablishes policy guidance for land use, place-making and conservation decisions.Sets vision and direction toward orderly, sustainable, and balanced growth.Identifies current and anticipated demand for public services and capital investments. CLEARWATER 2045: Comprehensive Plan UpdatePLANNING PROCESSProject Start-UpData & AnalysisVisioning & Planning FrameworkPlan DraftingRefinement & AdoptionCURRENT WORK CLEARWATER 2045: Comprehensive Plan UpdateRELATED & SUPPORTIVE PLANNING EFFORTSRecently Complete•Clearwater Greenprint 2.0Planned & Underway•City of Clearwater Strategic Plan•Parks & Recreation Master Plan•Potable Water Master Plan•Wastewater Collection System Master Plan•Water Reclamation Facilities Master Plan•Local Housing Assistance Plan•Advantage Pinellas Countywide Housing Compact •Economic Development Strategic Plan•Citywide Vehicular Transportation Mobility Assessment•Citywide Transportation Safety Assessment Early Outreach & EngagementCLEARWATER 2045: Comprehensive Plan Update CLEARWATER 2045: Comprehensive Plan UpdateENGAGEMENT & OUTREACH ACTIVITIESProject Website Launch – April 2021Listening Sessions – April-May 2021Community Conversations – May-August 2021CDB & Council Work Sessions – October-November 2021Plan Work Sessions & Public Hearings – Spring-Fall 2022Updates, Surveys, & Other Outreach – Ongoing CLEARWATER 2045: Comprehensive Plan UpdateListening Sessions & Community ConversationsMore than 300 residents, students, business owners, and community leaders shared their thoughts about the future of the city. CLEARWATER 2045: Comprehensive Plan UpdateCOMMUNITY CONVERSATIONSWhat makes Clearwater “UNIQUE”? CLEARWATER 2045: Comprehensive Plan UpdateFEEDBACK FROM YOUTH ENGAGEMENT WHAT’S MISSINGSkate ParkIndoor SportsMore RecyclingBetter SidewalksGreeneryMore ArtAffordable Places to LiveGreen EnergyWHAT MAKES YOU WANT TO STAYClearwater Marine AquariumSchoolsAccess to NatureBiking & WalkingThe BeachRecreation CenterSports ProgramsWHAT’S THE FUTURE FOR CLEARWATERMore HousingLess Car Use, More WalkingBest Beach in the USALess RacismClean & Nice NeighborhoodsFood TrucksMore TechHigher Education OptionsJob Opportunities CLEARWATER 2045: Comprehensive Plan UpdateImprove Downtown through development and activation of storefronts. Liven the area with more restaurants and cultural events.Improvement is needed in public transportation and in the pedestrian environment to make those options safer and more convenient. Parks and public space activation through arts and special events. General agreement that Clearwater’s parks and green spaces are an asset. Desire for more cultural events and public art to continue to make them a welcoming destination for residents and visitors. Focus on events and spaces for families and family-friendly activities.Homelessness is a large issue in the downtown corridor. There is a feeling of unease due to the level of homelessness that residents feel is hurting the business and cultural development of the downtown district.“FIVE KEY QUESTIONS” TAKEAWAYS I LOVE this one thing most about Clearwater:CLEARWATER 2045: Comprehensive Plan Update“If I have to pick one thing it's natural beauty in an urban setting. Clearwater is clean, full of life, full of nature, refreshing weather, friendly people, lots of community assets like parks & recreation centers, It's paradise.” One thing that CONCERNS me about Clearwater today is: CLEARWATER 2045: Comprehensive Plan Update“I am concerned that there is a division… between businesses and neighborhoods. I think there are remedies such as seeking community engagement/input prior to new building projects…” One thing that would IMPROVE our city the most:CLEARWATER 2045: Comprehensive Plan Update“More affordable housing, and more reliable and thorough public transportation”“Improve access to the beach so the traffic build up is not so intense on the access roads.” I would also like to tell you THIS about our city: CLEARWATER 2045: Comprehensive Plan Update“We have a diverse city, but people drive through to the beach. Creating an identity for unique areas would help bring more visibility to the community.” Opportunities & ChallengesCLEARWATER 2045: Comprehensive Plan Update CLEARWATER 2045: Comprehensive Plan UpdateClearwater’s unique setting and locational advantages set the stage for long-term success. CLEARWATER 2045: Comprehensive Plan UpdateProjections call for 10,000 additional residents over the next 25 years.2020134,9002045145,000PLANNING AREA PROJECTIONS CLEARWATER 2045: Comprehensive Plan UpdateDowntown is the historic heart of the city and an important regional hub for cultural, entertainment, and economic activity. CLEARWATER 2045: Comprehensive Plan UpdateClearwater Beach is an amazing destination but faces challenges as popularity increases. The role of older commercial districts and corridors are rapidly changing.CLEARWATER 2045: Comprehensive Plan Update Clearwater’s a city of diverse and relatively stable neighborhoods.CLEARWATER 2045: Comprehensive Plan Update CLEARWATER 2045: Comprehensive Plan UpdateNew approaches to mobility planning are needed to address safety, capacity limits, and shifting demand. CLEARWATER 2045: Comprehensive Plan UpdateBeaches, parks, and natural systems are critical assets shaping the City’s future. Vision & ThemesCLEARWATER 2045: Comprehensive Plan Update CLEARWATER 2045: Comprehensive Plan UpdateVISION & THEMESSustainable, Resilient & Naturally BeautifulEconomic, Social & Cultural VibrancyDiverse, Equitable & InclusiveLivable NeighborhoodsConnected & AccessibleCooperative & Responsive Plan FrameworkCLEARWATER 2045: Comprehensive Plan Update CLEARWATER 2045: Comprehensive Plan UpdatePRELIMINARY PLAN FRAMEWORKA placed-based approach, building on the Citywide Design Structure in the current plan.A method to focus attention on the design character, quality, and sustainability of places across the city.A point of reference for use in updating plan goals, objectives and policies. CLEARWATER 2045: Comprehensive Plan UpdateCity NeighborhoodsDiverse neighborhoods provide a wide range of options. Protect neighborhood character while exploring opportunities to increase stability, livability, affordability and diversity. CLEARWATER 2045: Comprehensive Plan UpdateDowntown Clearwater & Clearwater BeachTraditional centers for living, working, shopping and entertainment. The city’s primary economic engines and its most walkable, vital, and transit-supportive places.Focus on ensuring continued attractiveness, managing remaining development potential, and improving access. CLEARWATER 2045: Comprehensive Plan UpdateMixed Use Centers along US 19 & Ft. HarrisonEmerging mixed use centers for living, working, and shopping. Focus on retrofit and redevelopment, improving access and connectivity, and walkability. CLEARWATER 2045: Comprehensive Plan UpdateMultimodal Corridors & Neighborhood CentersCommunity and neighborhood hubs of activity. Locations for neighborhood shopping, services, and new housing.Focus on promoting mixed uses, improving walkability and safety, and addressing neighborhood transitions. CLEARWATER 2045: Comprehensive Plan UpdateHercules DistrictThe city’s traditional center for smaller scale manufacturing, assembly, repair, and other “maker” enterprises.Protect the district as an employment center while exploring the potential for a wider range of complementary uses. Plan OrganizationCLEARWATER 2045: Comprehensive Plan Update CLEARWATER 2045: Comprehensive Plan UpdatePLAN CHAPTERSVibrant & LivableComprehensive Plan City of ClearwaterSustainable & ResilientComprehensive Plan City of ClearwaterCollaborative & EngagedComprehensive Plan City of ClearwaterConnected & AccessibleComprehensive Plan City of ClearwaterFiscally ResponsibleComprehensive Plan City of Clearwater Next StepsCLEARWATER 2045: Comprehensive Plan Update CLEARWATER 2045: Comprehensive Plan UpdateNEXT STEPSFALL 2021City Council BriefingFinalize Data & Analysis ReportsRefine Vision & Plan FrameworkFALL 2021-SPRING 2022Drafting of Plan Elements Plan Element WorkshopsSPRING 2022-FALL 2022Plan Refinement Plan Review & Adoption DISCUSSIONVision & ThemesPlan Framework – Placed Based ApproachPlan Organization Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9936 Agenda Date: 11/15/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 2.2 SUBJECT/RECOMMENDATION: Approve an agreement and purchase order for professional services pursuant to RFP 48-21 to Vanasse Hangen Brustlin, Inc. (VHB) for the preparation of the North Greenwood Community Redevelopment Plan for a fee not to exceed $161,500 and authorize the appropriate official to execute the same. SUMMARY: The North Greenwood neighborhood is one of several large pockets of poverty in Pinellas County and is the largest low-income area in the City of Clearwater. Over the years this area has experienced varying degrees of physical, social, and economic decline. To address these issues and reduce poverty in the area, the Clearwater Urban Leadership Coalition approached the City in 2019 about creating a Community Redevelopment Area (CRA) as defined by Chapter 163, Florida Statutes, for the North Greenwood Neighborhood. In 2019, the City procured consultant Wade Trim, Inc. to conduct a study of the North Greenwood area and to prepare a Findings of Necessity Report with Report Addendum to determine whether the area is blighted and in need of governmental intervention in the form of a CRA. On October 14, 2020, Clearwater City Council passed Resolution 20-52 finding North Greenwood to be a blighted area as defined by §163.370(8), Florida Statutes, and the need for a Community Redevelopment Agency to carry out community redevelopment. Subsequently, on May 11, 2021, the Pinellas County Board of County Commissioners approved the delegation of authority to the City, established the boundaries of the North Greenwood CRA, and authorized the City to proceed with the preparation of the North Greenwood Redevelopment Plan (CRA Plan). On June 20, 2021, the City issued Request for Proposals (RFP) 48-21 for the development of the North Greenwood Community Redevelopment Plan that would include extensive public engagement, development of plans and policies, and an implementation strategy to improve the blighted conditions of the area, while limiting displacement of current residents and businesses . The Plan would also serve as the guiding tool for the redevelopment activities of the CRA and all expenditures of tax increment funds. Further, the Plan would focus on place-based economic development strategies customary to redevelopment plans as well as people-based strategies to improve educational opportunities, workforce readiness, business development, mental health and wellness, affordable childcare, technological access, and other areas that help reduce poverty. A total of four firms submitted proposals in response to RFP 48-21 by the July 29, 2021 deadline including: Jon Stover and Associates, Vanasse Hangen Brustlin, Inc (VHB), Page 1 City of Clearwater Printed on 11/10/2021 File Number: ID#21-9936 Redevelopment Management Associates, LLC (RMA), and Calvin, Giordano & Associates, Inc. On August 11, 2021 the City’s Evaluation Committee comprised of representatives of the Planning and Development, Economic Development and Housing, and Legal Departments, as well as the City’s Community Redevelopment Agency and the Clearwater Urban Leadership Coalition short-listed two of those firms: VHB and Jon Stover and Associates. Interviews were conducted on August 26, 2021 and VHB was selected as the top-ranked firm. The proposed scope of services calls for the following major tasks in the development of the North Greenwood Community Redevelopment Plan: ·Development of a project engagement plan to guide outreach and engagement activities that will include a project website, notices to property owners, engagement of steering and technical committees and public workshops ·Collection and analysis of data regarding area conditions, past and present plans, infrastructure, population, and demographics ·Development of a vision and goals to include alternatives for both people and place-based solutions ·Development of the CRA Plan and implementation strategies address requirements of F.S. 163, Pinellas County and the community ·Participation in the approval process including presentations before the Community Development Board and City Council work session and adoption hearings. Each task builds upon the previous one and includes development of ideas and refinements after public input is received. There will be a total of four public workshops to engage the neighborhood and an optional final public presentation is included in the fee if determined to be needed. Additionally, social media and a project website will be used to provide information to the community, as well as provide a mechanism for input. Two committees will also provide input including a technical committee comprised of city and other agency staff, and a steering committee comprised of community stakeholders and core designees of the Clearwater Urban Leadership Coalition. Once the final draft CRA Plan is completed, it will be scheduled for the required review and adoption hearings and the consultant will attend a total of three meetings (Community Development Board and City Council). City staff will shepard the plan through the approval process at Pinellas County. The Planning and Development Department recommends City Council authorize the agreement for professional services with Vanasse Hangen Brustlin, Inc. (VHB) to develop the North Greenwood Community Redevelopment Plan. APPROPRIATION CODE AND AMOUNT: Funding for this agreement for professional services has been included in the fiscal year 2021/22 budget in the special program M2101, Planning Study Fund. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 11/10/2021 1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN VANASSE HANGEN BRUSTLIN, INC. AND CITY OF CLEARWATER, FLORIDA FOR RFQ #48-21 – DEVELOPMENT OF THE NORTH GREENWOOD COMMUNITY REDEVELOPMENT PLAN VHB PROPOSAL NO. 83829.21 October 26, 2021 This Agreement is composed of Part I and Part II. Part I includes details of the services to be performed, timing of the services, and compensation. Part II (attached) contains the Terms and Conditions of Agreement, which are proposed general terms of the engagement between City of Clearwater, hereinafter called the "Client/City," and Vanasse Hangen Brustlin, Inc. (VHB/Consultant). PART I PROJECT DESCRIPTION The proposed Project location is Clearwater, Florida. The Project includes redevelopment planning and community engagement services. The City selected VHB to prepare the North Greenwood Community Redevelopment Plan. VHB has reviewed the Finding of Necessity (prepared by others) and the Clearwater Urban Leadership Coalition’s Proposed North Greenwood Community Redevelopment Area report as provided by the City. VHB presented our team’s qualifications for redevelopment planning and community engagement and as requested by the Client has described in the Scope of Services and numbered components required actions (Tasks) below. KEY ASSUMPTIONS In developing this scope and fee estimate, VHB has made the following key assumptions. Changes to these assumptions will require changes to VHB’s scope and fee. › The Client will supply all relevant project study area information and other required supporting data for the proposed Project. Maps, plans, reports, and other pertinent documents, and information made available to VHB by the Client at the inception of this Project will be used by VHB in conducting the described Scope of Services below. › The Client will coordinate the public workshop locations, room setup/equipment, legal notice, and cooperatively assist in any facilitated exercises. Due to the current COVID-19 public policy requirements, large public gatherings may be limited and virtual meetings substituted as mutually agreed to maintain an agreeable project schedule. › The Client understands that VHB is providing the limited services described herein. VHB will not be liable for unknown or unforeseen circumstances which may affect the Client’s purchase, sale or development of the property. › VHB’s assumptions on meeting attendance are outlined herein. 2 SCOPE OF SERVICES As outlined above, VHB has prepared this document to outline the overall scope of services to complete as part of the design, permitting and construction oversight of the Project. A detailed summary of each component of the scope is presented below. TASK 1.0 PROJECT START UP 1.1 Kick Off Meeting The Consultant will participate in a project kick off meeting with City staff to review the project scope, discuss project management and communications protocols, collect base data transfer from City, and review final project schedule. City Data File Requests, include but not limited to: • Parcel delineated study area boundary (Esri GIS shapefile or CAD) • Citywide Esri GIS shapefiles and parcel datasets • Utility GIS shapefiles and PDF atlas sheets • Pinellas County Property Appraiser Office study area parcel datasets (Esri GIS) • Finding of Necessity report document (MSWord) and related exhibits Esri GIS shapefile datasets • Comprehensive Plan (PDF) • Land Development Regulations (PDF) • Any other relevant study or previous City developed data 1.2 Project Engagement Plan (PEP) The Consultant team will meet with City staff to prepare a plan for outreach and engagement in the project. The approach will combine a comprehensive community engagement process to build community consensus for project preferences with a deep understanding of the community, the marketplace and real-world analogues to develop a CRA Plan, Policy Framework, and Recommendations for a road map to long-term community growth. The City will identify the steering and technical committee members. The PEP will be shared with the steering committee for review prior to finalization. The PEP will include stakeholder input to identify opportunities for public outreach and engagement in accordance with the schedule of this project and determine the most effective ways of including interested participation. Along with City Staff and Consultant team, who will act as primary liaisons, the following potential stakeholder groups have been identified: • Members of the Clearwater Urban Leadership Coalition • Residents • Businesses • Employers • Homeowner Associations • Higher Education Providers • School District • Pinellas County • Pinellas Suncoast Transit Authority 3 • Social Service Providers • Faith Institutions The Consultant team will use a variety tools, including interactive website forums available through the Engagement HQ Project Website (see Task 1.3), social media, Poll Everywhere for smartphone enabled in-person polling, and web-based presentations, as well as the development of infographics. The Consultant Team will identify approaches and appropriate times to utilize the project website for additional input when preparing the PEP with the City. In response to challenging COVID restrictions, the Consultant team expanded our capabilities in hosting interactive virtual meeting forums. Currently, it is unclear if variants will emerge and affect public gatherings again. The Consultant team may transition between in-person and virtual meetings. This determination will be made in consultation and with agreement from City Staff. 1.3 Project Web Site Development & Maintenance The Consultant will secure the contract services of BangTheTable / Engagement HQ (BTT) to provide an online engagement platform for the project. The Consultant will create and submit one (1) branded project landing page and unique website address for City review and approval. Then the Consultant will populate the project website. The project website is intended to be a project tool to collect input, generate additional contacts (by way of registered users), and inform interested participants in the project. VHB will post City provided previously completed project area study materials or associated resources to the website. VHB will post information such as the project schedule, meeting materials, and summaries of public meetings. The site will also be used for online project surveys and other engagement activities throughout the project (as identified in the PEP). The City will announce the project and provide a prominent link location to the project website on the city’s website (www.myclearwater.com). The City will promote the project through its social media news feeds and will respond to any media requests. 1.4 Project Notice Property Owner Mailing The Consultant will create a project branded post card sized direct mailing that announces the project, provides website address, points of contact and other relevant information. The postcard will also announce dates, times, and locations for the Public Workshops. The Finding of Necessity (FON) study identified 2,239 unique properties located within the study limits. The Consultant will collect Pinellas County Property Appraiser Office (PCPAO) parcel datasets for the project area and produce a gleaned list of owners of multiple properties, and a cross-reference of owners and physical property addresses to create a mailing database. Community organizations, homeowner’s associations, or others contact information provided by City will be included in the database. The mailing will be sent to each address identified in the database. 1.5 Project Management & Coordination During the Term of the Agreement, the Consultant will include effective Project management services including ongoing clear communication and organization. Tasks will include: • Project kick-off and close-out • Project management plan 4 • Consultant Team and client coordination • Meeting agendas and summaries • Scope, schedule, budget management, and project invoices • Posting of select materials to project website During the Term of the Agreement, the Consultant will monitor Project progress and budget, prepare progress reports and invoicing, coordinate with the City Project Manager, and develop a condensed Project Management Plan (provided electronically) for the Consultant Team and City. The PMP will include project contacts, administrative practices, schedule and other project management directions. The Consultant shall meet with the City Project Manager regularly throughout the course of the Project. On average, one coordination virtual meeting with the City Project Manager will occur every two weeks during the Term of the Agreement. Additional Consultant Team meetings will occur as needed during the Term of this Agreement to discuss Project tasks, responsibilities, and schedules. 1.6 Project Meetings The Consultant team will prepare meeting agenda, presentation and/or exercise materials, facilitate the meeting, and then summarize discussions for a variety of project meetings. The meetings are intended to occur in sequence by phase and build upon each other towards project completion. A Steering Committee with City-identified core designees of the Clearwater Urban Leadership Coalition and other stakeholders within the study area will be formed. The Steering Committee will be a partner in the planning process and provide guidance and assistance with community outreach. Membership will be identified by the City and be representative of the study area. Additionally, a Technical Committee with City-identified staff and other local agency members will be established to focus on the technical, policy, and logistical elements of the project. Membership will be identified by the City. The Steering and Technical Committees’ standing meeting topics will provide an update of current project progress, identification of any key issues and strategies, and regular input. A. Steering Committee Meeting #1 of 5 The Consultant team will facilitate a Steering Committee meeting and discuss the project scope of work, the anticipated schedule, and initiate communication with key stakeholders on history and ways to increase community awareness and involvement. This meeting will be held virtually through Microsoft Teams or Zoom software. It is anticipated that the meeting will be one (1) hour in length. B. Technical Committee Meeting #1 of 4 The Consultant team will facilitate a Technical Committee meeting and discuss the project scope of work, the anticipated schedule, and identification of any key staff understandings and resources important to consider in creation of the CRA Plan. This meeting will be held virtually through Microsoft Teams or Zoom software. It is anticipated that the meeting will be one (1) hour in length. 5 C. Public Workshop #1 of 4 The Consultant team will facilitate a Public Workshop to obtain input, provide project information, convey findings and receive public feedback. The City will coordinate the workshop location, room setup/equipment, legal notice, and cooperatively assist in any facilitated breakout exercises and meeting sign-in. The Consultant team (anticipated 5-6 persons) will provide facilitation (VHB), staffing (VHB/Ariel/other teammates for topic area support), presentation (VHB), and meeting summaries (VHB/Ariel). Topic: Workshop #1 - Where are we now? This workshop will begin with an introduction to the project process and objectives. Workshop attendees will be engaged in small group activities (e.g. electronic or physical) to answer the following: • SWOT analysis (strengths, weaknesses, opportunities, threats) • What physical, social, cultural, and other factors do residents use to identify North Greenwood? • What characteristics define a good quality of life for residents? The result of this workshop will be a summarized common understanding of the resident’s goals, visioning process, schedule, and desired outcomes. It will establish the foundation for the subsequent visioning workshops. Task 1.0 Deliverable(s): The Consultant team will provide: • Project Kick-Off Meeting, including agenda and summary • Project Management Plan (MSOffice/Adobe PDF) • Final Project Schedule (MSOffice/Adobe PDF) • Project Engagement Plan (MSOffice/Adobe PDF) • Direct Project Community Outreach (Note: To be determined but may include attendance at study area public events, student activities, youth sport events, etc.) • BangTheTable / Engagement HQ (BTT) online engagement platform, materials and updates • Production and one (1) bulk mailing of the project notice post cards • Steering Committee Meeting #1, including agenda and summary • Technical Committee Meeting #1, including agenda and summary • Public Workshop #1, including sign in sheets, agenda, presentation, and any exercise materials (MSOffice/Adobe PDF) and workshop summary TASK 2.0 DATA & ANALYSIS 2.1 Current Property Conditions In tandem with the mapping and analysis of current study area conditions in the North Greenwood area, the Consultant will review the current property conditions (based upon City Code Enforcement data, Finding of Necessity data, and Consultant team observations made from windshield driving, and/or site/area walking tours) in relationship to existing development regulations. 6 The Consultant will prepare a map series based upon City and Pinellas County Property Appraiser Office (PCPAO) Esri GIS base information and summarize conditions in a report, the final format of which will be determined in coordination with the city. Mapping series will include: • Study Area • Regional Locational Context • Existing Land Use • Future Land Use • Zoning • Natural Resources • Transportation Network • Transit Routes • Existing and Future Levels of Service for various public facilities • Utilities Map • Water and Water Service Areas • Sewer and Stormwater • Public Land Ownership • Documented cemeteries • Parks, Public Uses and Open Spaces, Historical and Cultural Resources • Vacant Lands / Buildings • Property Values • Approved and Proposed Projects • Performing and Under-Performing Land Uses • Redevelopment Potential 2.2 Past and Present Plans The Consultant will analyze past and presently adopted plans for the City as they relate to or influence future redevelopment of the area. These plans include but are not limited to: • Proposed North Greenwood Community Redevelopment Area – Clearwater Urban Leadership Coalition • Finding of Necessity Study • City Comprehensive Plan • City Zoning • Downtown District & Development Standards • Downtown Redevelopment Plan • Housing Affordability Assessment (prepared for Clearwater 2045) • Old Bay Character District standards • North Marina Area Master Plan • Ft Harrison Avenue Complete Streets Study • Forward Pinellas Plans including Bicycle/Pedestrian Master Plan, Long Range Transportation Plan. • Pinellas County School Board Plans • Southwest Florida Water Management District (SWFWMD) Stephenson Creek Plan • North/South Greenwood Residential Infill Study (1995) • North Greenwood Economic Redevelopment Strategy (2003) 7 2.3 Public Infrastructure / Systems The Consultant will analyze components comprising “public infrastructure” in the area, including: • Evaluate the overall transportation network, including pedestrian, vehicular, existing mass transit options, water and sewer facilities, electricity, stormwater and stormwater management, and other relevant systems necessary to support existing and proposed development in the study area. The Consultant will review other City consultant projects that will be underway, including: Citywide Vehicular Transportation Mobility Assessment, Transportation Safety Assessment, Potable Water Master Plan, and Wastewater Collection System Master Plan. • Analyze the Stevenson Creek waterfront areas within the study area to understand its interplay with development opportunities (i.e., inclusive of water-related projects), physical issues such as bulkheading, etc. • Evaluate issues that may affect overall development potentials, such as the availability of transit service, locations/proximity to catalyst sites, availability of surface and structures parking facilities, etc. • Review past and present plans, such as the North Greenwood CRA Finding of Necessity (2020), and others to understand their relevance to future redevelopment opportunities and present plan objectives. This will include addressing such issues as appropriate land uses, densities of current resident and employment, traffic improvements, parking and public transportation, public utilities, recreational and community facilities, and other public improvements as identified in various plans and studies. • Review the results of the Forward Pinellas walking audit training session in the North Greenwood neighborhood, including an assessment of the pedestrian safety, accessibility, and comfort of the audit route. Should the Leadership Coalition complete additional walking audits by the time of this analysis, results of those efforts will also be reviewed. 2.4 Population & Demographics The Consultant will analyze existing conditions and evaluate changes in local conditions and resources since the adoption of the current 2018 Comprehensive Plan and the City’s ongoing 2045 update. This will include the following: • Forward Pinellas LRTP regional projections for population growth and demographics • Vacant and developed land by land use typology, including a summary of whether land use activities and development patterns occurred as anticipated in the Future Land Use Map, as well as the built densities and intensities • Future growth demands on public infrastructure, particularly regarding to transportation, potable water, reclaimed water, sanitary sewer, schools, parks and recreation, stormwater and other drainage facilities, and respective capacity levels • Environmentally sensitive lands set aside for conservation, protection, and preservation • Availability of and accessibility to transit, pedestrian and bicycle facilities, and services to support alternative modes of travel • Housing stock • Esri Business Analyst employment datasets • VHB Healthy Mobility ModelTM 500 Cities datasets 8 2.5 Project Meetings The Consultant team will prepare meeting agenda, presentation and/or exercise, facilitate the meeting and then summarize discussions for a variety of project meetings. The meetings are intended to occur in sequence by phase and build upon each other towards project completion. A. Steering Committee Meeting #2 of 5 The Consultant team will facilitate a Steering Committee meeting and discuss status of research, outreach, and workshop inputs received. The meetings may be held virtually through Microsoft Teams or Zoom software. It is anticipated that the meeting will be one (1) hour in length. B. Technical Committee Meeting #2 of 4 The Consultant team will facilitate a Technical Committee meeting and discuss status of research, identify any data needs, technical, policy, and logistical elements of the project. The meeting will be held virtually through Microsoft Teams or Zoom software. It is anticipated that the meeting will be one (1) hour in length. C. Public Workshop #2 of 4 The Consultant team will facilitate a Public Workshop to obtain input, provide project information, convey findings, present design/programming alternatives, and receive public feedback. The City will coordinate the workshop location, room setup/equipment, legal notice, and cooperatively assist in any facilitated exercises. The Consultant team (anticipated 5-6 persons) will provide facilitation (VHB), staffing (VHB/Ariel/other teammates for topic area support), presentation (VHB), and meeting summaries (VHB/Ariel). Topic: Workshop #2 - Where are we going? The community will prepare trend maps based on build-out scenarios that provide the context for understanding issues and opportunities. This will define the options to be considered in Visioning Workshop #3. Workshop attendees will be engaged in small group activities (e.g. electronic or physical) to answer the following: • People-Based Solutions – What should the area provide in terms of workforce development, educational opportunities, child-care options, other people-based infrastructure? • Place-Based Solutions - What should the area physically look like and function as part of the City in the future? The result of this workshop will be used in the preparation of alternative plans/solutions, which will be evaluated in Workshop #3. Task 2.0 Deliverable(s): The Consultant team will provide: 9 • Technical memorandum(s) documenting task research and condition assessments (MSOffice/Adobe PDF) • 8.5 x 11-inch color map exhibits of relevant condition assessments (Adobe PDF) • Final project GIS shapefiles and parcel datasets at project close-out • Direct Project Community Outreach (Note: To be determined but may include attendance at study area public events, student activites, youth sport events, etc.) • Steering Committee Meeting #2, including agenda and summary • Technical Committee Meeting #2, including agenda and summary • Public Workshop #2, including sign in sheets, agenda, presentation, and any exercise materials (MSOffice/Adobe PDF) and workshop summary Task 3.0 Vision & Goal Setting The Consultant team will listen closely to input and communicate effectively, translating what we have heard in prior tasks into an understanding of the issues facing the project. The team will prepare for and facilitate a visioning process that is reflective of the area’s diversity and is inclusive of all stakeholders. The visioning process will educate the community about the process, why individuals should participate, how the shared vision affects them, their ideas, and how to use the vision to guide its future. The process will, most importantly, capture what the stakeholders have told the Consultant and City about the future of their community at the engagement sessions and through the other input opportunities. 3.1 Visioning & Goal Setting The Consultant team will utilize the information collected and summarized from the Workshop #1 SWOT analysis and Workshop #2 key options to create a draft common understanding of the resident’s goals and vision for the N Greenwood CRA. 3.2 Alternative Solutions The Consultant team will build upon the results of the proceeding Task 2 and 3.1 project tasks to identify draft community crafted goals and alternative solutions for the study limits. These enhancements will include both People- and Place-Based solutions to implement the CRA plan. Including how the strategies will lead to reducing or eliminating the identified FON conditions in the future. A. People-Based Solutions Alternative solutions for People-Based solutions may include, but not be limited to: • Limiting displacement • Educational opportunities • Workforce readiness • Business development • Mental-health and wellness • Affordable childcare • Technology access • Other areas 10 B. Place-Based Solutions Alternative solutions for Place-Based solutions may include, but not be limited to: • Housing strategies • Land use strategies for vacant, public, or under-utilized lands (land use graphics, photos and/or descriptive narratives) • Urban design strategies supporting the Ft. Harrison Avenue Complete Street project (conceptual form graphics/3D or elevations, photos, and/or descriptive narratives) • Community use opportunities for inclusion in city and other public ownership lands • Supportive catalytic redevelopment opportunities • Physical infrastructure improvements • Other areas 3.2 Project Meetings The Consultant team will prepare, facilitate and summarize discussions for a variety of project meetings. The meetings are intended to occur in sequence by phase and build upon each other towards project completion. A. Steering Committee Meeting #3 of 5 The Consultant team will facilitate a Steering Committee meeting and discuss status of research, outreach, and workshop inputs received. The meetings may be held virtually through Microsoft Teams or Zoom software. It is anticipated that the meeting will be one (1) hour in length. B. Technical Committee Meeting #3 of 4 The Consultant team will facilitate a Technical Committee meeting and discuss status of research, identify any data needs, technical, policy, and logistical elements of the project. The meeting will be held virtually through Microsoft Teams or Zoom software. It is anticipated that the meeting will be one (1) hour in length. C. Public Workshop #3 of 4 The Consultant team will facilitate a Public Workshop to obtain input, provide project information, convey findings, present design/programming alternatives, and receive public feedback. The City will coordinate the workshop location, room setup/equipment, legal notice, and cooperatively assist in any facilitated exercises. The Consultant team (anticipated 5-6 persons) will provide facilitation (VHB), staffing (VHB/Ariel/other teammates for topic area support), presentation (VHB), and meeting summaries (VHB/Ariel). Topic: Workshop #3: Where do we want to go? This workshop will begin with a summary of the draft Vision and Goal Setting summaries, and then discussion of alternative plans prepared by the community in the previous workshop and summarized draft goals. Workshop attendees will be engaged in small group activities (e.g. electronic or physical) to answer the following: 11 • What areas should be preserved, revitalized, or redeveloped? • What actions are necessary to promote healthy community design, sustainability, and a smart and connected city? • What actions would improve the area and how should they be prioritized? • What goals are supported? The result of this workshop will be the selection of a shared vision, which will become the basis for the North Greenwood CRA Plan. Task 3.0 Deliverable(s): The Consultant team will provide: • Land use graphics/3D or elevation images, representative photos, and/or descriptive narratives of both People- and Place-based solutions • Direct Project Community Outreach (Note: To be determined but may include at study area public events, student activites, youth sport events, etc.) • Steering Committee Meeting #3, agenda and summary • Technical Committee Meeting #3, agenda and summary • Public Workshop #3, including sign in sheets, agenda, presentation, and any exercise materials (MSOffice/Adobe PDF) and workshop summary Task 4.0 North Greenwood CRA Plan & Implementation Strategies Using the cumulative body of work generated by the public, City staff, and working sessions, the Consultant team will prepare a draft and final North Greenwood CRA Plan including future phased implementation strategies. 4.1 Creation of the Draft CRA Plan The Consultant team will create the North Greenwood CRA Plan utilizing the results from the previous tasks. The plan will include the following information. A. Florida Statutes Requirements - Chapter 163, Part III (Community Redevelopment) • Legal Description: The plan shows the boundaries of the community redevelopment area and the reasons for establishing such boundaries shown in the plan. The City surveyor shall provide a legal description and a parcel delineated sketch necessary for Plan adoption. • Diagrammatic Plan & Description: The plan identifies the approximate amount of open space to be provided, the street layout, limitations on the type, size, height, number, and proposed use of buildings, the approximate number of dwelling units, such property as is intended for use as public parks, recreation areas, streets, public utilities, and public improvements of any nature. • Neighborhood Impact Element: The plan describes in detail the impact of the redevelopment upon the residents of the redevelopment area and the surrounding areas in terms of relocation, traffic circulation, environmental quality, availability of community facilities and services, effect on school population, and other matters affecting the physical and social quality of the neighborhood. • Capital Improvement Program: The plan identifies any publicly funded capital projects to be undertaken within the community redevelopment area. 12 • Adequate Safeguards: The plan contains adequate safeguards that the work of redevelopment will be carried out pursuant to the plan and for the retention of controls and the establishment of any restrictions or covenants running with land sold or leased for private use for such periods of time and under such conditions as the governing body deems necessary to effectuate the purposes of this part. • Residential Use: The plan provides an element of residential use in the redevelopment area if such use exists in the area prior to the adoption of the plan or if the plan is intended to remedy a shortage of housing affordable to residents of low or moderate income, including the elderly, or if the plan is not intended to remedy such shortage, the reasons therefor. • Statement of Project Costs: The plan contains a detailed statement of the projected costs of the redevelopment, including the amount to be expended on publicly funded capital projects in the community redevelopment area and any indebtedness of the community redevelopment agency, the county, or the municipality proposed to be incurred for such redevelopment if such indebtedness is to be repaid with increment revenues. • Completion Time: The plan provides a set time for completing all redevelopment financed by increment revenues. Such time certain shall occur no later than 30 years after the fiscal year in which the plan is approved, adopted, or amended. • Integration of Steering Committee, Technical Committee, and stakeholder input into the Draft and Final Draft CRA Plans. B. Pinellas County Requirements Pinellas County is in the process of drafting policies for local CRA designations. The Pinellas County CRA Policy Update Local Designation Assessment Methodology DRAFT Last Updated 6-2-2021 includes specific criteria for local designation. The Consultant team will work with City staff to develop information supporting the CRA Plan, reuse prior approved Finding of Necessity datasets, and include information within the CRA plan addressing the draft criteria. Pinellas County’s Local Designation and Eligibility Factors, include criteria supporting: • Urban Revitalization • Community Renewal • Economic Development • Mobility C. Community Requirements While meeting the State and County requirements is important, what is just as important, and in most cases more important, is understanding the community that needs to be redeveloped, its history, context to the economic region, the community’s vision for revitalization, the barriers for realizing the vision and opportunities and action plan for making the vision a reality. The Consultant team will keep the community context and needs at top of mind while creating the plan that the City can approve and allocate future TIF funds to implement. 4.2 Project Meetings 13 The Consultant team will prepare, facilitate and summarize discussions for a variety of project meetings. The meetings are intended to occur in sequence by phase and build upon each other towards project completion. A. Steering Committee Meeting #4 of 5 The Consultant team will facilitate a Steering Committee meeting and discuss status of research, outreach, and workshop inputs received. The meetings will be held virtually through Microsoft Teams or Zoom software. It is anticipated that the meeting will be one (1) hour in length. B. Technical Committee Meeting #4 of 4 The Consultant team will facilitate a Technical Committee meeting and discuss status of research, identify any data needs, technical, policy, and logistical elements of the project. The meeting will be held virtually through Microsoft Teams or Zoom software. It is anticipated that the meeting will be one (1) hour in length. C. Public Workshop #4 of 4 The Consultant team will facilitate a Public Workshop to obtain input, provide project information, convey findings, present design/programming alternatives, and receive public feedback. The City will coordinate the workshop location, room setup/equipment, legal notice, and cooperatively assist in any facilitated exercises. The Consultant team (anticipated 5-6 persons) will provide facilitation (VHB), staffing (VHB/Ariel/other teammates for topic area support), presentation (VHB), and meeting summaries (VHB/Ariel). Topic: Workshop #4: How do we get there? This Workshop will be used to present a draft CRA Plan with implementation actions. Participants will be offered the opportunity to provide comments at the workshop through written response cards and/or online through posted materials on the project website. 4.3 Preparing Final Draft CRA Plan Using the cumulative body of work generated by the public, Steering Committee, City staff, and others, including the shared vision selected by the community, after Public Workshop #4 the Consultant team will revise and finalize the draft CRA Plan for the upcoming approval hearings. A. Steering Committee Meeting #5 of 5 The Consultant team will facilitate a Steering Committee meeting and discuss the input received during the public workshop and the final draft plan. The meeting will be held virtually through Microsoft Teams or Zoom software. It is anticipated that the meeting will be one (1) hour in length. B. Public Presentation (OPTIONAL) 14 This task is included in the budget but the implementation of it shall be determined in coordination with city staff during the course of the project. If it is determined to not be necessary, the consultant will not charge for this task. The Consultant team will prepare a presentation summarizing the final draft plan and present to the community. The City will coordinate the presentation location, room setup/equipment, legal notice, and cooperatively assist in any facilitated exercises. The Consultant team will provide facilitation, staffing, presentation, and meeting summaries. As this is not confirmed, any additional publicity of this meeting will be the City’s responsibility. Task 4.0 Deliverable(s): The Consultant team will provide: • Draft (MSOffice) and final draft CRA (Adobe PDF) plans (all ADA compliant). • TIF Projection • Five-Year Operating Budget • Ten-Year Work Program • Final project GIS shapefiles and parcel datasets at project close-out • Community Outreach • Steering Committee Meeting #4 and #5, including agenda and summaries • Technical Committee Meeting #4, including agenda and summaries • Public Workshop #4, including sign in sheets, agenda, presentation, and any exercise materials (MSOffice/Adobe PDF) and workshop summary • Public Presentation (Optional) Task 5.0 Work Sessions & Approval Hearings Once the final draft CRA Plan has been completed, the City will schedule the required review and adoption hearings. The Consultant team will participate in the public official work sessions and adoption hearings with City staff. The Consultant will prepare the plan using MSOffice Suite software and will provide live and editable electronic PDF version of the CRA Plan and PowerPoint Presentation with compatible digital and paper copies of the Final CRA Plan. Task 5.0 Deliverable(s): The Consultant team will provide: • Attendance at three (3) work sessions or hearings, including the Community Development Board, the City Council Work Session, and the City Council Adoption Public Hearing. • Final CRA Plan Summary PowerPoint Presentation SERVICES NOT INCLUDED The Scope of Services for this Agreement is inclusive only of those Tasks described above. The following services are not included in this Agreement: › Architectural / Engineering design services › Survey services 15 › Legal services Should work be required in these areas or areas not previously described, VHB will prepare a new proposal or Amendment, at the Client's request, that contains the Additional Scope of Services, fees, and updated schedule required to complete the additional work items. CLIENT FURNISHED INFORMATION It is understood that VHB will perform the services described above under the sole direction of the Client. In the performance of these services, VHB will coordinate with and communicate the status of its efforts with those of other Project team members. VHB will rely upon the accuracy and completeness of Client and Project team member-furnished information in connection with the performance of services under this Agreement, including: › Parcel delineated study area boundary (Esri GIS shapefile or CAD) › Citywide Esri GIS shapefiles and parcel datasets › Utility GIS shapefiles and PDF atlas sheets › Pinellas County Property Appraiser Office study area parcel datasets (Esri GIS) › Finding of Necessity report document (MSWord) and related exhibits Esri GIS shapefile datasets › Comprehensive Plan (PDF) › Land Development Regulations (PDF) › Any other relevant study or previous City developed data VHB will not, as part of this Agreement, independently verify the accuracy and completeness of work prepared by other members of the Project team. SCHEDULE VHB will begin performance of the above services upon receipt of a fully executed contract. VHB’s role is limited to the scope of services defined herein as that relates to the schedule. The schedule may be subject to weather, delivery of information to be provided others, as well as Client and agency reviews of interim products. VHB shall not be responsible for delays in the performance of services which arise out of causes beyond the control and/or without the fault or negligence of VHB. If the Client requests that work under this Agreement be stopped, or instructs VHB to complete work out of sequence, the schedule and fee estimate is subject to renegotiation. The anticipated project duration will be twelve (12) months from Notice to Proceed (November 2021 to November 2022). 16 COMPENSATION VHB will perform the Scope of Services contained in this Agreement on a lump sum basis not to exceed $161,500 as indicated below. Specific deliverables will be considered works in progress with City incremental payments. VHB is committed to providing seamless, transparent services and ensuring the best resources are assigned in a timely and cost-effective manner. We foresee no personnel workload or availability problems that would impact the ability or commitment of our proposed team to complete this project within the agreed upon schedule and budget. The proposed fee for this project as we understand it from the Scope of Services in the RFP is provided below. 1 The Public Presentation is an optional service and will only be paid if the task is requested by City and completed by the Consultant team. Task # Task Fee 1 Project Start Up $30,000 2 Data & Analysis $55,000 3 Vision & Goal Setting $32,000 4 North Greenwood CRA Plan & Implementation Strategies $30,000 5 Work Sessions & Approval Hearings $12,000 Public Presentation (Optional)1 $2,5001 Total $161,5001 17 VANASSE HANGEN BRUSTLIN, INC. AUTHORIZATION By: Print: Benjamin Siwinski, CM, ENV SP, LEED Green Associate Title: Managing Director, Gulf Coast Date: CLIENT AUTHORIZATION City of Clearwater agrees with Part I which includes the Scope of Services, Compensation, Schedule, and Part II, Terms and Conditions of Agreement (attached hereto and acknowledged as being received). Together these constitute the entire Agreement between Vanasse Hangen Brustlin, Inc. and City of Clearwater. ___________________________ ___________________________ Jon Jennings Frank V. Hibbard City Manager Mayor Approved as to form: Attest: __________________________ ____________________________ Michael P. Fuino Rosemarie Call Senior Assistant City Attorney City Clerk 18 PART II STANDARD TERMS AND CONDITIONS. The engagement of VHB by Client is under the following terms and conditions. These terms and conditions are an integral part of the collective Agreement between Client and VHB. SCOPE OF SERVICES. VHB shall perform the services set forth in the attached Scope of Services. Requests for additional services and any associated fee adjustment must be authorized in writing before additional services can begin. PERFORMANCE STANDARDS. VHB’s services require decisions that are not based upon science, but rather upon judgmental considerations. In the performance or furnishing of professional services hereunder, VHB, and those it is responsible for, shall exercise the degree of skill and care ordinarily exercised by similarly practicing professionals performing similar services under similar conditions in the same locality (“Standard of Care”). VHB shall be entitled to rely on the accuracy and completeness of data, reports, surveys, requirements, and other information provided by Client. SCHEDULE. VHB shall perform its services as set forth in the Scope of Services as expeditiously as consistent with the Standard of Care and the orderly progress of the Work. VHB shall not be responsible for failure to perform or for delays in the services arising out of factors beyond the reasonable control or without the fault or negligence of VHB. PAYMENT. The fee estimate for the proposed Scope of Services is valid for 60 days from the date of Proposal. All schedules set forth in the attached Scope of Services commence upon receipt of a signed Agreement and, if requested, a retainer. Retainers will be applied to the last invoice. Invoices will be rendered monthly and are due upon receipt. Any invoice unpaid more than 30 days after date of invoice will bear interest at 1-1/2 percent per month. If Client fails to pay any invoice within 45 days of the date of invoice, VHB may, without waiving any other claim or right against Client or incurring any liability for delay, suspend the services until VHB has been paid in full. Sealed plans, final documents, reports, and attendance at meetings/hearings will not be provided unless payment for services is current. If VHB is performing services for Client under multiple projects, payments must be current on all projects for services hereunder to continue. Client acknowledges VHB’s right to suspend services and withhold plans and documents, as provided above, if any payments are overdue. If services are suspended for 30 days or longer, upon resuming services VHB shall be entitled to expenses incurred in the interruption and resumption of its services. If services are suspended for 90 days or longer, VHB shall be entitled to expenses incurred in the interruption and resumption of its services and fees for remaining services shall be equitably adjusted. The parties agree to coordinate invoices to assure timely payment. At minimum, VHB’s project manager and Client’s representative will confer as often as necessary about any issues involving invoicing and collections. Client’s representative will contact VHB’s project manager forthwith upon receipt of an invoice about any questions or issues concerning invoiced amounts. If Client’s representative and VHB’s project manager are unable to resolve any questions or issues, Client’s representative will line item any disputed or questionable amount and pay VHB. VHB, at its option, may revise and resubmit disputed amounts at a later date. Should it become necessary to utilize legal or other resources to collect any or all monies rightfully due for services rendered under this Agreement, VHB shall be entitled to full reimbursement of all such costs, including reasonable attorneys’ fees, as part of this Agreement. OWNERSHIP OF WORK PRODUCT. All work products (whether in hard or electronic form) prepared by VHB pursuant to the Agreement are instruments of service with respect to the Project and are not authorized, intended or represented to be suitable for reuse by Client or others on extensions of the Project or on any other Project. Any reuse by Client or a third person or entity authorized by Client without written verification or adaptation by VHB for the specific application will be at Client’s sole risk and without liability or legal exposure to VHB. Client shall release, defend, indemnify and hold harmless VHB from all claims, damages, losses and expenses, including attorneys’ fees, arising out of or resulting therefrom. Any such verification or adaptation will entitle VHB to additional compensation at rates to be agreed upon by VHB and Client, third person, or entity seeking to reuse said documents. Client recognizes that information recorded on or transmitted as electronic media, including CADD documents (“Electronic Documents”) is subject to undetectable alteration, either intentional or unintentional, due to, among other causes, transmission, conversion, media degradation, software error, or human alteration. Accordingly, the Electronic Documents are provided to Client for informational purposes only and are not represented as suitable for any use or purpose. VHB retains the copyright in all work products produced in connection with this Agreement, unless otherwise agreed to in writing by an authorized VHB representative. VHB licenses to Client on a non-exclusive basis the use of work products produced solely in connection with this Agreement. The license may be revoked for any failure of Client to perform under this Agreement. CERTIFICATIONS. VHB shall not be required to sign any documents, no matter by whom requested, that would result 19 in VHB having to certify, guarantee or warrant the existence of conditions whose existence VHB cannot wholly ascertain. Any certification provided by VHB shall be so provided based on VHB’s knowledge, information, and belief subject to the preceding sentence, and shall reflect no greater certainty than VHB’s professional opinion developed through and consistent with the Standard of Care. VHB shall be compensated for any work necessary to assess project compliance with regulatory standards for purposes of such certification. INSURANCE. VHB agrees to carry the following insurance during the term of this Agreement: • Workmen’s Compensation and Employer’s Liability Insurance in compliance with statutory limits • Comprehensive General Liability Insurance including Products Completed, Contractual, Property, and Personal Injury coverage with combined single limits of $1,000,000 per occurrence and $2,000,000 in the aggregate • Professional Liability Insurance with a limit of $1,000,000 per claim and in the aggregate • Automobile Liability Insurance including non-owned and hired automobiles with a combined single limit of $1,000,000 per occurrence Certificates of insurance will be furnished upon request. If Client requires additional insurance coverage, and it is available, Client agrees to reimburse VHB for such additional expense. INDEMNITY. Subject to the limitations of Section 768.28, Florida Statute, VHB shall indemnify and hold Client and its employees, attorneys, and agents, harmless from any losses, liabilities, and damages (including, without limitation, Client’s costs, and reasonable attorneys’ fees) arising out of VHB’s negligence in connection with the Project, this Agreement, or both. This indemnification does not apply to any claim or complaint relating to Client’s negligence or willful misconduct or violation of any applicable agreement or law. Nothing herein shall be construed as consent by Client to be sued by third parties, or as a waiver or modification of the provisions or limits of Section 768.28, Florida Statutes or the Doctrine of Sovereign Immunity. LIMITATION ON VHB’S RESPONSIBILITY AND JOBSITE SAFETY. VHB will not be responsible for the acts or omissions of contractors or others at the Site, except for its own subcontractors and employees. Neither the professional activities of VHB nor the presence of VHB or its employees or sub-consultants at a project site shall relieve the other parties on this Project of their obligations, duties, and, including, but not limited to, construction means, methods, sequence, techniques, or procedures necessary for performing, superintending, and coordinating the Work in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. VHB and its personnel have no authority to exercise any control over any construction contractor or its employees in connection with their work or any health or safety programs or procedures. Client agrees that Contractor shall be solely responsible for job site safety and warrants that this intent shall be carried out in Client’s contract with Contractor. ALLOCATION OF RISK. In recognition of the relative risks and benefits of the Project to both Client and VHB, the risks have been allocated such that Client agrees that to the fullest extent permitted by law, VHB’s total liability in the aggregate to Client and any persons or entities claiming by, through or under Client, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to the Project and/or this Agreement from any cause or causes, including, but not limited to, VHB’s negligence, errors, omissions, strict liability, statutory liability, indemnity obligation, breach of contract or breach of warranty shall not exceed the higher of $50,000 (fifty thousand dollars), or ten (10) percent of the compensation actually paid to VHB. Client and VHB may agree to a higher limitation of liability for an increased fee. DISPUTE RESOLUTION. All questions in dispute under this Agreement shall be submitted to non-binding mediation as a condition precedent to the institution of legal proceedings. On the written notice of either party to the other of the election to submit any dispute under this Agreement to mediation, each party shall designate their representative and shall meet within ten (10) days after the service of the notice. The parties shall then attempt to resolve the dispute within ten (10) days of meeting. Should the parties be unable to agree on a resolution of the dispute, then the parties shall proceed with mediation in accordance with the mediation rules of the American Arbitration Association. The cost of mediation shall be borne equally by both parties. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. LEGAL SUPPORT. To the extent VHB is required to respond to any dispute resolution process, including, but not limited to, requests for document production, discovery or a request to appear in any deposition or legal proceeding, which is related to the Scope of Services but does not arise out of VHB’s negligent acts, errors or omissions, Client shall compensate VHB for all costs incurred by VHB, including reasonable attorneys’ fees. DESCRIPTIVE HEADINGS AND COUNTERPARTS. The headings contained in this Agreement are for convenience of reference only and shall not constitute a part hereof, or define, limit or in any way affect the meaning of any of the terms or provisions hereof. This Agreement may be executed in two or more counterparts, and any party hereto may execute any such counterpart, which, when executed and delivered, shall be deemed to be an original and all of such counterparts taken together shall be deemed to be one and the same instrument. EXCLUSIVE REMEDIES. In the event that any dispute is not remedied through the alternative dispute resolution 20 procedures set forth herein, all claims, actions, and rights of action arising from or relating in any way to this Agreement or the services performed thereunder, whether in contract, tort, indemnity and all other rights of action whatsoever, shall be filed in a court of competent jurisdiction within three years of the completion of such services, or all such claims, actions and rights of action shall be waived. Recovery under this Agreement shall be limited by the parties’ agreement on Allocation of Risk and the remainder of this section. Notwithstanding any other provision of this Agreement, neither party shall be liable to the other for any liquidated, incidental, special, indirect or other consequential damages incurred, regardless of the nature of the cause or whether caused by Client or VHB, or their employees, sub-consultants, or subcontractors. Consequential damages include, without limitation, loss of use, loss of profits, loss of production, or business interruption; however, the same may be caused. VHB and Client waive all claims against each other arising out of or related to this Agreement or the services to the extent that losses, damages, and liabilities associated with such claims have been compensated by the proceeds of property insurance or any other insurance policy. VHB makes no warranties or guarantees, express or implied, under this Agreement or any other contract document with respect to its provision of professional services. In entering into this Agreement, Client has relied only upon the representations set forth in this Agreement. No verbal warranties, representations, or statements shall be considered a part of this Agreement or a basis upon which Client relied in entering into this Agreement. NO THIRD-PARTY BENEFICIARIES. Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either Client or VHB. In addition, nothing herein shall be construed as creating a contractual relationship between Client and any VHB employee, representative, or consultant. Client agrees that in the event of a dispute regarding this Agreement or the services rendered by VHB hereunder, Client shall only seek recourse against VHB and waives any right to pursue a claim against VHB’s individual directors, officers or employees. VHB’s commitments as set forth in this Agreement are based on the expectation that all of the services described in this Agreement will be provided. In the event Client later elects to reduce VHB’s Scope of Services, Client hereby agrees to release, hold harmless, defend, and indemnify VHB from any and all claims, damages, losses or costs associated with or arising out of such reduction in services. SEVERABILITY. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. TAXES. Any taxes or fees, enacted by local, state, or federal government and based on gross receipts or revenues, will be invoiced to and payable by Client as an additional amount due under this Agreement. PROJECT SPECIFIC PROVISIONS. To the extent the Scope of Services involves any of the following services/geographies, the following general provisions apply accordingly: GEOTECHNICAL SERVICES. Client understands that VHB does not perform geotechnical services directly and, if requested, will retain a geotechnical sub-consultant on behalf of Client, and VHB shall rely on the accuracy and completeness of data furnished as if the geotechnical services were contracted directly through Client. AMERICANS WITH DISABILITIES ACT (ADA). Client understands and agrees that ADA standards are evolving and subject to varying, potentially contradictory interpretations and applications. VHB will use its reasonable professional efforts and judgment to interpret applicable ADA requirements and other federal, state and local laws, rules, codes, ordinances, and regulations as they apply to the Project. VHB cannot and does not warrant or guarantee that Client’s Project will comply with all ADA requirements or ADA interpretations or other applicable regulatory interpretations. CLIMATE CHANGE/FLOOD ANALYSIS. VHB shall not be responsible or liable for any damages, losses, litigation, expenses, counsel fees and compensation arising out of any claims, damages, personal injuries and/or property losses related to flooding conditions whether directly or indirectly due to flood water damage, and Client shall at all times indemnify and hold harmless VHB, its respective officers, agents and employees on account of any related claims, damages, losses, expenses and counsel fees related thereto. CONSTRUCTION PHASE SERVICES SITE VISITS. VHB shall make periodic site visits upon the request of Client or as otherwise agreed in writing by Client and VHB for the limited purpose of determining whether work is in general conformance with VHB’s plans and specifications. Such visits are not intended to be an exhaustive check or a detailed inspection of Contractor’s work. VHB shall not supervise or have control over Contractor’s work nor have any responsibility for construction ways, means, methods, techniques, sequences, or procedures selected by Contractor nor for Contractor’s safety precautions or programs in connection with the Work. SHOP DRAWINGS. VHB’s review of submittals such as shop drawings, product data, samples, and other data, shall be for the limited purpose of checking for conformance with the design concept and the information in VHB’s documents. This review shall not include review of the accuracy or completeness of details, such as quantities, dimensions, weights or gauges, 21 fabrication processes, construction means or methods, coordination of the work with other trades, or construction safety precautions, all of which are the sole responsibility of Contractor and other unrelated parties. Review of a specific item shall not indicate that VHB has reviewed the entire assembly of which the item is a component. VHB shall not be responsible for any deviations from VHB’s documents or other documents that are not brought to the attention of VHB in writing by Contractor. VHB shall not be required to review partial submissions or those for which submission of correlated items have not been received. PUBLIC RECORDS. IF VHB (HEREINAFTER FOR PURPOSES OF THIS SECTION ONLY “THE CORPORATION”) HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES OR THE CORPORATION’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 727-562-4092, Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Ste. 600, Clearwater, FL 33755. Documents created or received associated with the activities permitted hereunder may be public records pursuant to Chapter 119, F.S. and the Corporation agrees to comply with the Florida Public Records Act. The Corporation’s agreement to comply with public records law applies specifically to: a) Any documents considered public records as that term is defined in § 119.011(12), Fla. Stat. b) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the Corporation hereunder. c) 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. d) 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 Corporation does not transfer the records to the public agency. e) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Corporation or keep and maintain public records required by the public agency to perform the service. If the Corporation transfers all public records to the public agency upon completion of the contract, the Corporation shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Corporation keeps and maintains public records upon completion of the contract, the Corporation 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. f) 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 Corporation of the request and the Corporation must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. g) The Corporation hereby acknowledges and agrees that if the Corporation does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. h) If the Corporation fails to provide the public records to the public agency within a reasonable time the Corporation subject to penalties under Section 119.10, Florida Statutes. i) If a civil action is filed against the Corporation to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the Corporation the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the Corporation unlawfully refused to comply with the public records request within a reasonable time; and 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Corporation has not complied with the request, to the public agency and to the Corporation. j) A notice complies with subparagraph (i)2 if it is sent to the public agency’s custodian of public records and to the Corporation at the Corporation’s address listed on its contract with the public agency or to the Corporation’s registered agent. Such notices must be sent by common carrier delivery service or by 22 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. k) If the Corporation complies with a public records request within 8 business days after the notice is sent then it is not liable for the reasonable costs of enforcement. PROJECTS LOCATED IN FLORIDA. FLORIDA STATUTES SECTION 558.0035 (2013), AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR ECONOMIC DAMAGES RESULTING FROM NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS AGREEMENT. Page 23 of 23 \\vhb.com\gbl\prop\Tampa\83829.21 Clearwater Greenwood CRA\Draft Contracts\VHB_Contract_20211026_clean.docx Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2021-09015 Agenda Date: 11/15/2021 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 2.3 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of Residential Low (RL) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1882 Lakeview Road, and pass Ordinances 9509-21, 9510-21, and 9511-21 on first reading. (ANX2021-09015) SUMMARY: This voluntary annexation petition involves a 0.249-acre property consisting of one parcel of land occupied by a single-family dwelling. The property is located on the north side of Lakeview Road approximately 435 feet east of Brookside Drive. 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 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 Lakeview Road right-of-way. The applicant has paid the City's sewer impact and assessment fees in full and is aware 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 #47 located at 146 Lakeview 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. Page 1 City of Clearwater Printed on 11/10/2021 File Number: ANX2021-09015 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 east; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 11/10/2021 Ordinance No. 9509-21 ORDINANCE NO. 9509-21 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF LAKEVIEW ROAD APPROXIMATELY 435 FEET EAST OF BROOKSIDE DRIVE, WHOSE POST OFFICE ADDRESS IS 1882 LAKEVIEW ROAD, CLEARWATER, FLORIDA 33764 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit “B” has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit “A” for legal description; (ANX2021-09015) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Community Development Coordinator are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Ordinance No. 9509-21 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” LEGAL DESCRIPTIONS ANX2021-09015 ========================================================================================= LEGAL DESCRIPTION: A part of the NW ¼ of the NW ¼ of Section 24, Township 29 South, Range 15 East, further described as follows: Begin at the SE corner of the NW ¼ of the NW ¼ of said Section 24, run thence N 00°03’16” East along the 40 acre line 160 feet; thence North 89°09’02” West 99.14 feet; thence South 0°12’45” East 160.0 feet to the 40 acre line; thence South 89°09’02” East along the 40 acre line 98.39 feet to the Point of Beginning; LESS the Southerly 50 feet for Road Right of Way purposes. LYING OUTSIDE OF THE CORPORATE LIMITS OF THE CITY OF CLEARWATER, FLORIDA Exhibit “B” PROPOSED ANNEXATION Owner(s): Christopher T. Purdy Case: ANX2021-09015 Site: 1882 Lakeview Road Property Size(Acres): ROW (Acres): 0.249 Land Use Zoning PIN: 24-29-15-00000-220-1700 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 308A To: Residential Low (RL) Low Medium Density Residential (LMDR) 2701820304 D 7 8 9 1011 2 3 45 11 12 14 13 6 7 8 113 114 115 116 117 118 121 122 123 124 125 126 1 120 119 179 178 177 176 180 181 182 183 18 1 2 3 4 23 24 25 26 1 2 3 423 24 25 26 1 2 3 4 1 2 3 4 38 39 40 41 42 43 44 45 46 68 69 70 71 72 73 74 75 76 2 3 22/1322/1422/1522/1622/1722/0822/0922/1022/1122/1222/0722/0622/0522/0422/0322/02 22/01 21 11.91 LAKEVIEW RD BROOKSIDE RD SEVER DR SANDRA DR BRENTWOOD DR HAMLIN DR BEVERLY CIR N DOROTHY DR FAIRFIELD DR HI GHFI ELD DR VIEWTOP DR WELLINGTON DR 1310 1304 1 3 2 4 1310 130113001300 13161316 1301 1309 18641861186619451 8 7 8 1 2 5 4 1243 1249 18541931186713 0 8183719151869185519391862186019201876 194118561868186618751837187818821 2 6 0 1239 1 3 2 4 1 3 0 9 1311 1 3 1 9 1 3 1 3 1301 1306 1 3 1 6 1307 1300 1311 1 3 1 3 1305 1317 13 1 6 1 3 1 9 1309 0 1317 3 3 0 1310 1310 1230 18901300 119321242 19271836118891236 193818611921192611 3 2 0 1235 183618361262 19331254 19441 3 1 418411243 1248 19211311 11317 1270 1246 1927191419201238 1231 1323 1-Not to Scale--Not a Survey-Rev. 9/9/2021 Ordinance No. 9510-21 ORDINANCE NO. 9510-21 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 LAKEVIEW ROAD APPROXIMATELY 435 FEET EAST OF BROOKSIDE DRIVE, WHOSE POST OFFICE ADDRESS IS 1882 LAKEVIEW ROAD, CLEARWATER, FLORIDA 33764, 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 See attached Exhibit “A” for legal description; Residential Low (RL) (ANX2021-09015) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9509-21. Ordinance No. 9510-21 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” LEGAL DESCRIPTIONS ANX2021-09015 ========================================================================================= LEGAL DESCRIPTION: A part of the NW ¼ of the NW ¼ of Section 24, Township 29 South, Range 15 East, further described as follows: Begin at the SE corner of the NW ¼ of the NW ¼ of said Section 24, run thence N 00°03’16” East along the 40 acre line 160 feet; thence North 89°09’02” West 99.14 feet; thence South 0°12’45” East 160.0 feet to the 40 acre line; thence South 89°09’02” East along the 40 acre line 98.39 feet to the Point of Beginning; LESS the Southerly 50 feet for Road Right of Way purposes. LYING OUTSIDE OF THE CORPORATE LIMITS OF THE CITY OF CLEARWATER, FLORIDA Exhibit “B” PROPOSED FUTURE LAND USE MAP Owner(s): Christopher T. Purdy Case: ANX2021-09015 Site: 1882 Lakeview Road Property Size(Acres): ROW (Acres): 0.249 Land Use Zoning PIN: 24-29-15-00000-220-1700 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 308A To: Residential Low (RL) Low Medium Density Residential (LMDR) 2701820304 D 7 8 9 1011 2 3 45 11 12 14 13 6 7 8 113 114 115 116 117 118 121 122 123 124 125 126 1 120 119 179 178 177 176 180 181 182 183 18 1 2 3 4 23 24 25 26 1 2 3 423 24 25 26 1 2 3 4 1 2 3 4 38 39 40 41 42 43 44 45 46 68 69 70 71 72 73 74 75 76 2 3 22/1322/1422/1522/1622/1722/0822/0922/1022/1122/1222/0722/0622/0522/0422/0322/02 22/01 21 11.91 LAKEVIEW RD BROOKSIDE RD SEVER DR SANDRA DR BRENTWOOD DR HAMLIN DR BEVERLY CIR N DOROTHY DR FAIRFIELD DR HI GHFI ELD DR VIEWTOP DR WELLINGTON DR I RL RU RU RLRLRL RL RL RL P P RL RL RL RURL RU 1 2 6 0 1310 1304 1 3 2 4 1306 1307 1310 1301 1311 1 3 1 31316 1300 1317 1300 13161316 1301 1309 1864186118661242 19451 8 7 8 1243 1249 186118541926193118361867193313 0 81837 1 3 1 419151869185513111862186019201876 194118561868186618751837187818821239 1 3 2 4 1 3 0 9 1311 1 3 1 9 1 3 1 3 1301 1 3 1 6 1300 1305 1317 1 3 1 9 1309 3 0330 1310 1310 1230 18901300 119321927183611 2 5 4 18891236 1938192111 3 2 0 1235 18361262 1254 194418411243 1248 192111317 1270 19391246 1927191419201238 1231 1323 1-Not to Scale--Not a Survey-Rev. 9/9/2021 Ordinance No. 9511-21 ORDINANCE NO. 9511-21 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 LAKEVIEW ROAD APPROXIMATELY 435 FEET EAST OF BROOKSIDE DRIVE, WHOSE POST OFFICE ADDRESS IS 1882 LAKEVIEW ROAD, CLEARWATER, FLORIDA 33764, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9509-21. Property Zoning District See attached Exhibit “A” for legal description; Low Medium Density Residential (LMDR) (ANX2021-09015) Ordinance No. 9511-21 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” LEGAL DESCRIPTIONS ANX2021-09015 ========================================================================================= LEGAL DESCRIPTION: A part of the NW ¼ of the NW ¼ of Section 24, Township 29 South, Range 15 East, further described as follows: Begin at the SE corner of the NW ¼ of the NW ¼ of said Section 24, run thence N 00°03’16” East along the 40 acre line 160 feet; thence North 89°09’02” West 99.14 feet; thence South 0°12’45” East 160.0 feet to the 40 acre line; thence South 89°09’02” East along the 40 acre line 98.39 feet to the Point of Beginning; LESS the Southerly 50 feet for Road Right of Way purposes. LYING OUTSIDE OF THE CORPORATE LIMITS OF THE CITY OF CLEARWATER, FLORIDA Exhibit “B” PROPOSED ZONING MAP Owner(s): Christopher T. Purdy Case: ANX2021-09015 Site: 1882 Lakeview Road Property Size(Acres): ROW (Acres): 0.249 Land Use Zoning PIN: 24-29-15-00000-220-1700 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 308A To: Residential Low (RL) Low Medium Density Residential (LMDR) 2701820304 D 7 8 9 1011 2 3 45 11 12 14 13 6 7 8 113 114 115 116 117 118 121 122 123 124 125 126 1 120 119 179 178 177 176 180 181 182 183 18 1 2 3 4 23 24 25 26 1 2 3 423 24 25 26 1 2 3 4 1 2 3 4 38 39 40 41 42 43 44 45 46 68 69 70 71 72 73 74 75 76 2 3 22/1322/1422/1522/1622/1722/0822/0922/1022/1122/1222/0722/0622/0522/0422/0322/02 22/01 21 11.91 LAKEVIEW RD BROOKSIDE RD SEVER DR SANDRA DR BRENTWOOD DR HAMLIN DR BEVERLY CIR N DOROTHY DR FAIRFIELD DR HI GHFI ELD DR VIEWTOP DR WELLINGTON DR 13011300 1316 1310 1300 1 3 2 4 1310 1304 1301 1316 18671868186619411249 19391243 1876186019201837183718551 8 7 81866 18751309 13 0 8186119151254 1945193118691864185618541862I LMDR LDR LMDR187818821239 1 2 6 0 1 3 1 6 1 3 2 41317 1311 1 3 0 9 1300 1301 0330 1306 1 3 1 9 13 1 6 1 3 1 9 1307 1310 1311 1 3 1 3 1309 1305 1 3 1 3 1310 1317 1236 1921183619141323 1926194413001932111890 1 3 2 019271889111238 1231 1 3 1 4 13111836 1262 1243 1270 1235 1254 1933192719211242 18611248 19201246 1317 18411938183611230 LMDR P -Not to Scale--Not a Survey-Rev. 9/9/2021 LOCATION MAP Owner(s): Christopher T. Purdy Case: ANX2021-09015 Site: 1882 Lakeview Road Property Size(Acres): ROW (Acres): 0.249 Land Use Zoning PIN: 24-29-15-00000-220-1700 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 308A To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKEVIEW RD SEVER DR BROOKSIDE RD SANDRA DR WELLINGTON DR S HERCULES AVE REBECCA DR JEFFORDS ST RIPON DR LEES CT MAGNOLIA DR HAMLIN DR BROOKSIDE DR KENMOORE DR OXFORD DR OAK LAKE DR DOROTHY DR SEVARD AVE FAIRFIELD DR BEVERLY CIR N KENDALL DR CANTERBURY RD SANDRA DR MAGNOLIA DR RIPON DR REBECCA DR JEFFORDS ST CANTERBURY RD ^PROJECT SITE -Not to Scale--Not a Survey-Rev. 9/9/2021 AERIAL PHOTOGRAPH Owner(s): Christopher T. Purdy Case: ANX2021-09015 Site: 1882 Lakeview Road Property Size(Acres): ROW (Acres): 0.249 Land Use Zoning PIN: 24-29-15-00000-220-1700 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 308A To: Residential Low (RL) Low Medium Density Residential (LMDR) LAKEVIEW RD LAKEVIEW RD BROOKSIDE RD BROOKSIDE RD SEVER DR SEVER DR SANDRA DR SANDRA DR BRENTWOOD DR BRENTWOOD DR HAMLIN DR HAMLIN DR BEVERLY CIR NBEVERLY CIR N DOROTHY DR DOROTHY DR FAIRFIELD DR FAIRFIELD DR HI GHFI ELD DR HI GHFI ELD DR VIEWTOP DR VIEWTOP DR WELLINGTON DR WELLINGTON DR -Not to Scale--Not a Survey-Rev. 9/9/2021 EXISTING SURROUNDING USES MAP Owner(s): Christopher T. Purdy Case: ANX2021-09015 Site: 1882 Lakeview Road Property Size(Acres): ROW (Acres): 0.249 Land Use Zoning PIN: 24-29-15-00000-220-1700 From : Residential Low (RL) R-3 Single Family Residential Atlas Page: 308A To: Residential Low (RL) Low Medium Density Residential (LMDR) 27018 20304 D 7 8 9 1011 2 3 45 11 12 14 13 6 7 8 113 114 115 116 117 118 121 122 123 124 125 126 1 120 119 179 178 177 176 180 181 182 183 18 1 2 3 4 23 24 25 26 1 2 3 423 24 25 26 1 2 3 4 1 2 3 4 38 39 40 41 42 43 44 45 46 68 69 70 71 72 73 74 75 76 2 3 22/1322/1422/1522/1622/1722/0822/0922/1022/1122/1222/0722/0622/0522/0422/0322/02 22/01 21 11.91 LAKEVIEW RD BROOKSIDE RD SEVER DR SANDRA DR BRENTWOOD DR HAMLIN DR BEVERLY CIR N DOROTHY DR FAIRFIELD DR HI GHFI ELD DR VIEWTOP DR WELLINGTON DR 1310 1304 1 3 2 4 1310 130113001300 13161316 1301 1309 18641861186619451 8 7 8 1 2 5 4 1243 1249 18541931186713 0 8183719151869185519391862186019201876 194118561868186618751837187818821 2 6 0 1239 1 3 2 4 1 3 0 9 1311 1 3 1 9 1 3 1 3 1301 1306 1 3 1 6 1307 1300 1311 1 3 1 3 1305 1317 13 1 6 1 3 1 9 1309 0 1317 3 3 0 1310 1310 1230 18901300 119321242 19271836118891236 193818611921192611 3 2 0 1235 183618361262 19331254 19441 3 1 418411243 1248 19211311 11317 1270 1246 1927191419201238 1231 1323 1-Not to Scale--Not a Survey-Rev. 9/9/2021 School Single Family Residential Single Family Residential Single Family Residential Single Family Residential Single Family Residential ANX2021-09015 Chris T. Purdy 1882 Lakeview Road View looking north at subject property 1882 Lakeview Road West of the subject property East of the subject property Across the street, to the south of the subject property View looking easterly along Lakeview Road View looking westerly along Lakeview Road Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9898 Agenda Date: 11/15/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Planning & Development Agenda Number: 2.4 SUBJECT/RECOMMENDATION: Provide direction on the proposed second amendment to an existing Development Agreement between the City of Clearwater and 411ES, LLC which provides for certain changes to the conceptual site plan and elevations and increases the overall number of hotel units and height proposed for the subject site and confirm a second public hearing in City Council Chambers before City Council on December 2, 2021, at 6:00 p.m., or as soon thereafter as may be heard. (HDA2019-03001B; 400/405/408/409/411 East Shore Drive). This is a request for a second amendment to the approved Hotel Development Agreement (HDA2019-03001) as amended (HDA2019-03001A) for the referenced project located at 400/405/408/409/411 East Shore Drive. On July 18, 2019, the City Council approved a Development Agreement along with a concept plan and elevations as part of application HDA2019-03001. Consistent with applicable Florida Statutes and the City’s Community Development Code the agreement was transmitted to the Florida Department of Economic Opportunity on August 1, 2019, rendering the effective date August 31, 2019. On October 1, 2020, the Council approved the first amendment to the approved Development Agreement (HDA2019-03001A) granting a one-year time extension request which amended Section 6.1.3.2. No changes to the conceptual site plan or elevations were proposed. On November 17, 2020, the Community Development Board (CDB) approved companion applications FLD2020-05012 and TDR2020-05001 for a 74-unit overnight accommodation use consistent with the conceptual site plans and elevations approved as part of HDA2019-03001 (as amended). The applicant is requesting a second amendment to the Development Agreement with the following main changes: ·An increase in the overall number of hotel units from 74 to 91. ·An increase in height from 65 feet to 80 feet. ·An overall decrease in the number of slips from 55 to 50 slips; a decrease in number of publicly accessible slips from 22 to eight and an increase in the number of commercial dock slips from 35 to 42 slips. ·An increase in parking from 100 spaces to a minimum of 113 spaces. The current proposal is to demolish all structures on the 1.115-acre site and build a single, eight-floor hotel with 91 hotel rooms (81.64 units per acre) and a marina and marina facility with up to eight-slips. The applicant desires the ability and flexibility to be able to sell, rent or lease Page 1 City of Clearwater Printed on 11/10/2021 File Number: ID#21-9898 any or all of the eight noted slips to the general public, which would constitute a marina and marina facility, or, conversely, use any or all the slips as strictly accessory to the hotels which would render any such slip a commercial dock. The remaining 42 slips shown will be accessory to the hotel and considered a commercial dock. A maximum of 50 slips are proposed. The following uses are defined in the Community Development Code (CDC) Article 8, which would be applicable to this application: 1.A commercial dock is any dock, pier, or wharf, including boatlifts, that is used in connection with a hotel, motel or restaurant where the slips are not rented, leased or sold. The CDC provides specific criteria applicable to commercial docks in Section 3-603.C.3. 2.A marina is any structure constructed on pilings over open water or supported by flotation on the water which provides three or more boat slips for the purpose of sale or lease. 3.A marina facility is a use of land involved in the operation of a marina including structures and activities normally integral to the operation of a marina, such as servicing, fueling, pumping-out, chartering, launching, and dry-storage of boats and boating equipment. The CDC provides specific criteria applicable to marinas and marina facilities in Sections 2- 803.G and 3-603.A through J. The applicant has committed that any personal watercrafts (PWCs) stored at this facility will only be made available to guests of the hotel as an accessory use to the hotel and not to the general public. In addition, the applicant will maintain and oversee the use of all slips whether rented, sold or leased and will specifically prohibit the establishment of any commercial uses or enterprises. The 91 proposed units include 55 units otherwise permitted by the Resort Facilities High future land use category, eight units previously allocated from the Hotel Density Reserve through Beach by Design (HDA2019-03001) and a total of 28 transferred hotel units. Eleven units have previously been approved for use with the approval of TDR2020-05001 and were also included in the total room count of the original Development Agreement (HDA2019-03001, as amended). The applicant intends to submit a Level II Flexible Development application requesting approval for the use of an additional 17 transferred hotel units. It is important to note applications FLD2020-05012 and TDR2020-05001 will need to be amended. The primary changes to the Development Agreement approved as HDA2019-03001 (as amended) are limited to the following components: ·Recitals: Updated to reflect the specifics of the requested amendment and to reflect pertinent prior events and approvals including the approvals of HDA2019-03001A, FLD2020-05012 and TDR2020-05001. ·Section 4.1: Updated to reflect the increase in total units from 74 to 91, the overall number of units to be derived from a transfer of development rights (28 hotel units) and a decrease in the number of publicly accessible slips from 22 to eight. ·Section 4.2: Updated to reflect an increase in the total number of provided parking spaces from 100 to a minimum of 113. ·Section 4.4: Updated to reflect the increase in height from 65 feet to 80 feet. ·Exhibit B: Updated with the revised conceptual site plan and elevations. No other changes are proposed to the agreement. Specifically, no changes are made to any restriction placed on the property regarding operations of the marina and marina facility Page 2 City of Clearwater Printed on 11/10/2021 File Number: ID#21-9898 component, the prohibition on full kitchens and limitations on amplified music. The agreement also continues to include specific language for the inclusion of the public boardwalk and public access walkway. The building will be 80 feet in height (from the point at which minimum floor elevations have been established by law) to roof as otherwise permitted utilizing the Height Bonus Schedule for the Marina District of Beach by Design for property totaling one acre or more on both sides of East Shore Drive and the provision of a publicly accessible Boardwalk. The proposal includes a tropical modern architecture, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. The site consists of four parcels, three of which are located on the east side of East Shore Drive and one on the west side. All four parcels will need to be joined together through a unity of title and lot combination request prior to the issuance of any permits. The parcels on the east side of East Shore will contain the 91-unit hotel, an eight-slip marina and marina facility, and a 42-slip commercial dock component. These parcels will be accessed via two driveways from East Shore Drive. An egress-only driveway will be located at the north side of the site and an ingress-only driveway is proposed at the south end of the site. The primary pedestrian entrance to the building will be centrally located along East Shore Drive on the ground floor. The ground floor of the hotel building will also include bike racks, a solid waste component, storage space, mechanical equipment and 71 parking spaces all of which are valet only, and some of which extend out from under the footprint of the building. The ground floor will also include a patio and pool at the southeast corner of the site. A 15-foot wide publicly accessible boardwalk is proposed along the entire length of the property along Clearwater Harbor, consistent with Beach by Design, and a walkway between East Shore Drive and the boardwalk will be provided along the north side of the site. This boardwalk helps achieve the vision in Beach by Design and the Marina District. The second floor will contain 10 hotel units, mechanical equipment rooms, a staffed lobby, a fitness room congregating/lounge area and an outdoor terrace. Floors three through eight will contain the remaining 81 hotel units. While the rooftop will be accessible by guests no additional structures of any kind (outside of permitted mechanical equipment rooms) are permitted. No additional amenities are proposed. The Marina District provisions of Beach by Design allow for a property located on Clearwater Harbor to request a height bonus of up to 80 feet when a 15-foot wide publicly accessible boardwalk is provided, which the proposal is requesting. The parcel on the west side of East Shore Drive will contain a 42-space surface parking lot accessed via a single driveway along East Shore Drive. Of the 42 spaces within the parking lot 38 spaces will be valet only and serving the hotel component with the remaining four spaces designated as reserved specifically for users of the marina and marina facility component . These spaces must be a minimum of nine feet wide, 18 feet deep and include a 24 foot back out aisle (as provided). Valet spaces serving a hotel use may differ in these dimensional standards, pursuant to CDC Section 3-1402.K, in that spaces may be 8.5 feet wide, 16 feet deep, may be tandem (stacked up to two spaces) and may include spaces within and one side only of the drive aisle (as provided). All existing docks will be removed and replaced with two docks containing a total of 50 slips, eight of which will be made available for sale or lease to the general public (marina and marina facility). This will result in two uses being established on the property; a hotel with an Page 3 City of Clearwater Printed on 11/10/2021 File Number: ID#21-9898 accessory commercial dock (42 slips) and a marina and marina facility (eight slips). To be clear, all 42 commercial dock slips are accessory to the hotel and may be used only by hotel guests. None of these 42 slips may be sold, leased or rented to the general public. As noted, the Development Agreement continues to include language to limit the specific activities which may take place on the site ensuring that the marina and marina facility component will be compatible with the primary use as overnight accommodations, as well as adjacent and surrounding uses. Specifically, activities such as servicing, fueling, pumping-out, commercial chartering and/or and dry-storage of boats and boating equipment be strictly prohibited and that the marina slips shall be limited to sale and/or lease to privately-owned boats rather than commercial vessels for hire. Consistency with the Community Development Code (CDC): Minimum Lot Area and Width: The subject property is 48,553 square feet in area (uplands) and approximately 300 feet wide. The proposed lot area and width exceed the requirements of the Community Development Code. Minimum Setbacks: The conceptual site plan depicts setbacks to building of five feet along the front (west) along East Shore Drive and side (north and south) setbacks of 36 and 25 feet, respectively. Rear setbacks are not necessarily applicable to the project because the subject site includes property lines which extend over 100 feet eastward of the seawall. Pursuant to CDC Article 8. Definitions, setback means the required horizontal distance between a property line and a structure. The proposed setbacks may be approved as part of a Level Two Flexible Development (FLD) application, subject to meeting the applicable flexibility criteria of the Community Development Code. The Marina District of Beach by Design specifically permits front setbacks as low as zero feet for overnight accommodation uses. Maximum Height: Beach by Design Section II.C. Height Bonus Schedule for the Marina District within Beach by Design addresses height. The proposal provides for a building 80 feet in height as measured from the point at which minimum floor elevations have been established by law. A height of up to 80 feet is permitted for overnight accommodations on properties within the Marina District that are at least one acre in size, located on both sides of East Shore Drive, and which also provide a publicly accessible boardwalk as consistent with the Marina District of Beach by Design. The proposed height is also permitted by the CDC subject to meeting the applicable flexibility criteria of the CDC and as approved as part of a Level Two Flexible Development (FLD) application and as otherwise limited by Beach by Design. The height of the proposed building is consistent with the design guidelines as well as the specific requirements pertaining to height contained within the Marina District section of Beach by Design. Minimum Off-Street Parking: The 91-room overnight accommodation use with an eight-slip marina and marina facility requires a minimum of 113 off-street parking spaces with 1.2 spaces per unit (109 spaces) for the hotel component and one space per two slips (four spaces) for the eight-slip marina and marina facility component. A minimum of 113 parking spaces will be provided, with 71 spaces located on the ground floor of the hotel building and 42 spaces located within a surface parking lot on the west side of East Shore Drive. This is consistent with the applicable Sections of the Page 4 City of Clearwater Printed on 11/10/2021 File Number: ID#21-9898 CDC. Landscaping: While a formal landscape plan is not required to be submitted for review at this time, the conceptual landscape areas depicted on the site plan show that adequate space for foundation landscaping will be provided along the street frontage and along the rights-of-way facing sides of the surface parking lot as required by Section VII.F of the Design Guidelines within Beach by Design. Since no perimeter landscape buffers are otherwise required in the Tourist (T) District, the proposed landscape areas meet or exceed what is required. It is noted, however, that flexibility, if necessary, may be requested as part of a Comprehensive Landscape Program which would be reviewed at time of formal site plan approval. Consistency with Beach by Design: Marina District Specific development parameters provided within the Marina District section of Beach by Design address a range of items including a maximum height (80 feet for properties spanning both side of East Shore Drive and at least one acre in size), minimum building setbacks (zero feet along front property lines for overnight accommodation uses and at least 25 percent of the building height along sides which in this case equates to 20 feet), pavement setbacks (at least five feet). Design Guidelines: A review of the provided architectural elevations and massing study was conducted and the proposed building does appear to be generally consistent with the applicable Design Guidelines established in Beach by Design. It is noted, however, that a more formal review of these Guidelines will need to be conducted as part of the final site plan approval process. Hotel Density Reserve: The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development comply with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue at acceptable levels of service. Standards for Development Agreements: The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions: §Provides for the allocation of eight units from the Hotel Density Reserve approved previously as part of HDA2019-03001; §Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; §Requires the developer to provide a 15-foot wide publicly accessible boardwalk to utilize the Height Bonus in accordance with Beach by Design; §Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; §Prohibits the conversion of any hotel unit allocated from the Hotel Density Reserve to a residential use and requires the recording of a covenant restricting use of such hotel units Page 5 City of Clearwater Printed on 11/10/2021 File Number: ID#21-9898 to overnight accommodation usage; §Provides evidence that the development complies with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of concurrency management for transportation facilities, and includes a transportation analysis conducted for the development; §Provides that all units in a hotel receiving units from the Reserve shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system; §That a reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated; §Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center; §Limits the operations and activities associated with the marina and marina facility component; §Limits the use of amplified music; and §Limits the provision of full kitchens in any unit within the hotel. Changes to Development Agreements: Pursuant to Section 4-606.I, CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement. Page 6 City of Clearwater Printed on 11/10/2021 Resolution No. 21-26 RESOLUTION NO. 21-26 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AMENDING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND 411ES, LLC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and the Developer are parties to that certain Hotel Density Reserve Development Agreement (the “Agreement”) dated July 22, 2019, and the Agreement is attached as Exhibit “1;” and WHEREAS, the City and the Developer amended the Agreement (the “Amended Agreement”) to extend the deadline by which time site plan approval must be obtained as otherwise required by the original Agreement on October 1, 2020, a copy of which is attached as Exhibit “2”; and WHEREAS, the City and the Developer desire to amend certain terms and provisions of the Agreement, as amended, including changes to the site plan and elevations, as more fully set forth in the attached Exhibit “3”; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Second Amendment to the Hotel Density Development Agreement between the City of Clearwater and 411ES, LLC, a copy of which is attached as Exhibit “3” is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. Section 3. The City Clerk is directed to submit a recorded copy of the Amended Development Agreement to the state land planning agency no later than fourteen (14) days after the Development Agreement is recorded. PASSED AND ADOPTED this _______ day of _____________, 2021. ____________________________ Frank Hibbard Mayor Approved as to form: Attest: __________________________ _____________________________ Matthew Mytych Rosemarie Call Assistant City Attorney City Clerk EXHIBIT 1 Development Agreement dated July 18, 2019 HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS HOTEL DENSITY RESE VE DEVELOPMENT AGREEMENT Agreement") is dated the )30)n:'t day of It , 2019, and entered into between EAST SHORE INTERNATIONA EN ERPRISES, LLC & 411 E S, both being Florida limited liability companies ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a special area plan for the revitalization of Clearwater Beach adopted under the provisions of the Florida Growth Management Act, Florida Statutes Chapter 163, Part II, and entitled Beach by Design; and WHEREAS, Florida Statutes Sections 163.3220 - 163.3243, the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4- 606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design proposed the development of hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort community, and further provided for a limited reserve of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and WHEREAS, the Developer owns 1.11 acres of real property ("Property") in the corporate limits of the City, more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Developer desires to develop the Property to provide 74 overnight accommodation units, pool, lobby, roof top sun deck and parking, generally conforming to the architectural elevation dimensions shown in composite Exhibit "B" (collectively, the improvements are the "Project"); and WHEREAS, the Property has not previously acquired density from the Destination Resort Density Pool; and WHEREAS, upon completion the planned hotel will contain 74 overnight accommodation units, which includes 8 units from the available Hotel Density Reserve Reserve Units"); and 11 Units from TDR's to be acquired. KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2019233713 07/24/2019 02:24 PM OFF REC BK: 20626 PG: 1023-1047 DocType:AGM RECORDING: $214.00 WHEREAS, the City has conducted such public hearings as are required by and in accordance with Florida Statutes Section 163.3225, Code Sections 4-206 and 4-606, and any other applicable law; and WHEREAS, the City has determined that, as of the date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WI-TEREAS, at a duly noticed and convened public meeting on 30 y l , 2019 the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act and Code, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property currently has a Land Use designation of Resort Facilities High (RFH) and is Zoned Tourist (T). 3.2. The Property is owned in Fee Simple or under contract to be owned in Fee Simple by the Developer. 3.3 The Property is generally located at 405, 408, 409 & 411 East Shore Drive, Clearwater, FL 33767 as further described in Exhibit "A". 2 SECTION 4. Scope of Project. 4.1 The Project shall consist of 74 overnight accommodation units including eight overnight accommodation units from the Hotel Density Reserve with an additional 11 Units acquired through the use of TDR's and have a density no greater than 150 units per acre and a 22 -slip publicly accessible marina facility. 4.2 The Project shall include a minimum of 100 parking spaces (1.2 spaces per hotel unit and one space per two publicly accessible slips), as defined in Code. 4.3 The design of the Project, as represented in Exhibit "B", is consistent with "Beach by Design". 4.4 The height of the Project shall be up to 65'-0" feet as measured from Base Flood Elevation, as defined in the Code and as otherwise permitted utilizing the Height Bonus Schedule for the Marina District of Beach by Design the consolidation of property totaling one acre or more on both sides ofEast Shore Drive and the provision of a publicly accessible Boardwalk. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve. SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida and thirty (30) days have elapsed after transmitting to the Florida Department of Economic Opportunity, pursuant to Florida Statutes section 163.3239 and Code section 4-606.G.2. 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Economic Opportunity a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect for twenty (20) years unless earlier terminated as set forth herein. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: 6.1.1 The obligations under this Agreement shall be binding upon and the benefits ofthis Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the Code applicable at the time of building permit review. Property: 6.1.3 The following restrictions shall apply to development of the 6.1.3.1 To retain the grant of Reserve Units provided for herein, the 3 Property and improvements located thereon shall be developed in substantial conformance with the Conceptual Site Plan attached as Exhibit "B". Any modifications determined by the Planning and Development Director as either inconsistent with attached Exhibit "B" or constituting a substantial deviation from attached Exhibit "B" shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within one (1) year from the effective date of this Agreement in accordance with the provisions of the Code and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City may deny future development approvals and/or certificates of occupancy for the Project and may terminate this Agreement in accordance with Section 10. 6.1.3.3 The Developer shall execute, prior to commencement of construction, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C", stating that the accommodation use will close as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation no rights of Developer remain or will be exercised to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Return of Units to Reserve. Any Reserve Units granted to Developer not timely constructed in conjunction with the Project shall be returned to the Hotel Density Reserve and be unavailable to Developer for use on the Project. 6.1.6 Transient Use. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. Access to overnight accommodation units must be provided through a lobby and internal corridor. All units in the hotel shall be made available to the public as overnight transient hotel guests at all times 4 through the required hotel reservation system. Occupancy in the hotel is limited to a term of less than one (1) month or thirty-one (31) consecutive days, whichever is less. Units in the hotel shall not be used as a primary or permanent residence. 6.1.7 No Full Kitchens. No unit shall have a complete kitchen facility as that term is used in the definition of "dwelling unit" in the Code. 6.1.8 Inspection of Records. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. 6.1.9 Compliance with Design Guidelines. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach by Design 6.1.10 Limitation on Amplified Music. Developer agrees that there shall be no outdoor amplified music at the Project after 11:00 pm. on Sunday through Thursday, or after 12:00 midnight on Friday and Saturday. 6.1.11 Limitation on Marina Facility. 6.1.11.1 The Developer agrees that activities such as servicing, fueling, pumping -out, commercial chartering and/or and dry -storage of boats and boating equipment is strictly prohibited. 6.1.11.2 The Developer agrees that the number of conveyable Marina Slips shall be limited to no more than 22. The City acknowledges that there are 35 additional marina slips for the sole use of the hotel. The Developer may increase the number of conveyable marina slips only if the Developer increases the number or parking spaces to meet compliance with the Community Development Code. 6.1.11.3 The Developer agrees that any conveyable marina slips shall be limited to sale and/or lease to privately -owned boats rather than commercial vessels for hire. 6.1.11.4 The Developer agrees that a deed restriction outlining Sections through 6.1.11.3 shall be submitted to Staff prior to the issuance of any permits. 5 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of the applications referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 Upon adoption of this Agreement, the project shall receive 8 units from the Hotel Density Reserve as defined by Beach by Design, contingent upon the provisions of Section 6.1.5. 6.2.4 It is anticipated that as a condition to the approval of the Project by the City, Developer will be required to construct and maintain a boardwalk along the seawall on the Property (the `Boardwalk"), and to permit the general public to enter upon and traverse the Boardwalk at all times, and to exit the Boardwalk via an easement over the Property in favor of the City (or for the benefit of the public at large) to be located at the south end of the Boardwalk, connecting the Boardwalk to East Shore Drive. Said easement shall include terms and conditions acceptable to the City, and which are typical of such other easements for similar access that are currently in effect between the City or for the benefit of the public at large) and private land owners. Upon the adoption of this Agreement, City shall enter, in favor of Developer and its successors and assigns, a general indemnification and hold harmless agreement, to be effective upon the issuance of a C.O. for the Project, pursuant to which the City shall indemnify and hold harmless Developer, to the extent allowed by law, from and against any and all claims for injury, death, and damage brought in connection with the use ofthe Boardwalk by the general public at large; provided, however, that such indemnification and hold harmless agreement shall not relieve Developer of any liability for its negligence in maintaining the Boardwalk, or any willful or wanton acts by Developer or those under the authority or control of Developer. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. The requirements for concurrency as set forth in Article 4, Division 9, of the Code, have been satisfied. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be 6 responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer atthe Developer's sole expense. 7.5 The Project shall comply with the Metropolitan Planning Organization's MPO] or its successor's countywide approach to the application of concurrency management for transportation facilities, and the transportation analysis conducted for the Project shall include the following: Recognition of standard data sources as established by the MPO; Identification of level of service (LOS) standards for state and county roads as established by the MPO; Utilization of proportional fair -share requirements consistent with Florida Statutes and the MPO model ordinance; Utilization of the MPO Traffic Impact Study Methodology; and Recognition of the MPO designation of "Constrained Facilities" as set forth in the most current MPO Annual Level of Service Report. 7.6 All improvements associated with the public facilities identified in Subsections 7.1 through 7.5 shall be completed prior to the issuance of any certificate of occupancy. 7.7 Developer agrees to provide a cashier's check, a payment and performance bond, or letter of credit in the amount of 115% of the estimated costs of the public facilities and services, to be deposited with the City to secure construction of any new public facilities and services required to be constructed by this Agreement. Such construction shall be completed prior to issuance of a Certificate of Occupancy for the Project. SECTION 8. Required Local Government Approvals. The required local government development approvals for development of the Property include, without limitation, the following: 8.1 Site Plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 82 Construction plan approval(s); 83 Building permit(s); 8.4 Certificate(s) of occupancy; and SECTION 9. Finding of Consistency. The City finds that development of the Property is consistent with the terms this Agreement is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended, and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination ofthis Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. Except in the case of termination, until ten (10) years after the date of this Agreement, the City may apply laws and policies adopted subsequently to the Effective Date of this Agreement if the City has held a public hearing and determined: a) They are not in conflict with the laws and policies governing the Agreement and do not prevent development of the land uses, intensities, or densities in the Agreement; b) They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement; c) They are specifically anticipated and provided for in this Agreement; d) The City demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or e) This Agreement is based on substantially accurate information provided by the Developer SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: With Copy to: If to City: East Shore International Enterprises, LLC 2753 SR 580 Ste 110 Clearwater, FL 33761-3351 Thomas C. Nash, III 625 Court St. Clearwater, FL 33756 City of Clearwater 600 Cleveland St. Ste 600 Clearwater, FL 33755 Attn: City Manager 8 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3rd) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. Assignments. 14.1 By the Developer: 14.1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through ajoint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part ofthe Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable 11 to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non -Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance ofthe provisions ofthis Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be 12 received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which are of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent ofthe City and the Developer so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. 1N WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S Bodziak, Archit oper Frank Dagostino Print Name CITY Q LEARWQTEIDA By:. William B. Horne II City Manager Rosemarie Call, City Clerk Countersigned: qe(Y\ gr1 crc 1 George N. Cretekos, Mayor Approved as to Form: Michael Fuino, Assistant City Attorney 13 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this /V day of 201/ by GEORGE N. CRETEKOS, as Mayor ofthe City of Clearwater, Florida, who is [ v1 personally known to me or has [ ] produced as identification. STATE OF FLORIDA COUNTY OF PINELLAS Notary Public PrintName: ciA My Commission Expires: /0/2,0 j The foregoing instrument was acknowledged before me this Rill day of 2011 by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ A personally known to me or who has [ ] produced as identification. Notary Public Print Name: SC-d7TBL iyouti S My Commission Expires i O / O i' Y Scott Burrows OMISSION # GG26 EXPIRES: October 1, 2022 Bonded nnu Aaron Notary 14 EXHIBIT A Address of subject Property: 411-408 East Shore Drive Parcel Number(s): a. 08-29-15-02592-003-0070 b. 08-29-15-02592-002-0090 c. 08-29-15-02592-003-0100 d. 08-29-15-02592-003-0120 Legal description: a. Barbour-Morrrow Sub Blk C, Lots 7, 8 & 9 & S 1/2 of Lot 6 & Subm Land/TIF Deed #17,411 per Plat. b. Barbour-Morrrow Sub Blk B, Lots 9 and 10. c. Barbour-Morrrow Sub Blk C, Lot 10 & N 15 Ft of Lot 11 & Subm Land/TIF Deed #17,411 per Plat. d. Barbour-Morrrow Sub Blk C, S 35 Ft of Lot 11 & N 1/2 of Lot 12 & Subm Land/TIF Deed #17,411 per Plat. Size of Property: 48,351.6 Sq. Ft. or 1.11 acres 15 EXHIBIT "B" See attached Conceptual Site Plan and Architectural Drawings 16 EXHIBIT "C" COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the day of , 20, by EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S ("Developer"). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such hotels as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution , passed and approved on 20, Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the 17 benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Development, Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: 21.1 74 units, which is the number of hotel units allocated to Developer from the Hotel Density Reserve, shall be used solely for transient occupancy of one month or thirty (30) consecutive days or less, must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. All other units shall be licensed as a public lodging establishment. No unit shall be used as a primary or permanent residence. Access to overnight accommodation units must be provided through a lobby and internal corridor. A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. All hotel units shall be required to be submitted to a rental program requiring all hotel units to be available for members of the public as overnight hotel guests on a transient basis at all times. No unit shall have a complete kitchen facility as that term is used in the definition of "dwelling unit" in the Code. Developer shall make available for inspection to authorized representatives of the City its books and records pertaining to each Hotel Density Reserve unit upon reasonable notice to confirm compliance with these regulations as allowed by general law. The Developer agrees to comply with the Design Guidelines as set forth in Section VII. of Beach by Design. 212 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel", and "operator" shall have the meaning given to such terms in Florida Statutes Chapter 509, Part I. 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the hotel, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of 18 construction of the Project, as evidence by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5 Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement ofthe parties or through order of a court of competentjurisdiction. 7 Severability. If any provision, or part thereof, ofthis Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to be invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this day of , 20 . In the Presence of: a 7 Print Name: FRANK DACMOt 1N0 EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S Bodziak, Architect, 19 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this / ?day of rvty /'7 , 20 /9, by John A. Bodziak, Architect, as Agent for EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S, both being Florida limited liability companies, on behalf of the companies, who is [ _f personally known to me, or who [_] has produced as identification. Lw Print Name: 95 UZ 4-u11116 ` F/ L My Commission Expires: 20 SUZANNE N. PIERCE MY COMMISSION # GG9I861 EXPIRES: May 20, 2021 CITY OF CLEA WA ER, FLORIDA By:. William B. Horne II, City Manager Attest: 411,41Q; (?q -Li Rosemarie Call, City Cle Countersigned: cteofit1CeCthS George N. Cretekos, Mayor Approved as to Form: ri 17)_ - Michael P. Fuino, Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this »9 day of f , 20/ , by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Florid who is [ —] personally known to me or has [ ] produced as ide ication. uRC-,ter Public G /K-f7 srintntName: / y Commission Expires: ,/ 21 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this (V day of iLi , 20 lei , by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ %1 personally known to me or who has [ ] produced as identification. Notary Public Print Name: 5 ciC i My Commission Expires: 101 I t . 020 Scott BurrowCOMMISSION1GG261 EXPIRES: October 1, 2022 Bonded nru Aaron btu EXHIBIT "D" COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Covenant") is executed this day of 20, by EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S, both being Florida limited liability companies ("Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Hotel Density Reserve Development Agreement dated , 20 the "Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Covenant. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel project, as described in the Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its rights and to the Real Property or any portion or portions thereof to unrelated third -parties. 21 Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator. IN WITNESS WHEREOF, Developer has caused this Covenant to be executed this day of , 20. In the Presence of: FRANK DM osTmo EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S, both being Florida limited liability companies ame:g1MIA1L4rNSc r7 B Bodziak, Archite , as gent Print Name: As to "Developer" STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this `' day of .,rey , 20 /9 , by John A. Bodziak, Architect, as Agent for EAST SHORE INTERNATIONAL ENTERPRISES, LLC & 411 E S, both being Florida limited liability companies, who is [ j personally known to me, or who LI has produced as identification. Print Name: My Commission Expire 22 IERCE MY COMMISSION # GG91861 May 20, 2021 CITY OF CLEARWATER, FLORIDA By:. William B. Horne II, City Manager Attest: K 7 e Rosemarie Call, City Cler Countersigned: r eoritvetkeks George N. Cretekos, Mayor Approved as to Form: Michael P. Fuino, Assistant City Attorney COUNTY OF PINELLAS fhe foregoing instrument was acknowledged before me this % day of 200 , by GEORGE N. CRETEKOS, as Mayor of the City of Clearwater, Floridi£, who is [ ' ] personally known to me or has [ ] produced as iden ' cation. Public ame: ommission Expires: 23 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this 1 day of TVA , 20 t f , by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced as identification. Notary Public Print Name::' My Commission Expires: l / 0 t 24 Scott Burrows COMMISSION 6 GG261179 EXPIRES: October 1, 2022 Bonded Thru Aaron Notify Schedule "A" a. Barbour-Morrrow Sub Blk C, Lots 7, 8 & 9 & S 1/2 of Lot 6 & Subm Land/TIF Deed #17,411 per Plat. b. Barbour-Morrrow Sub Blk B, Lots 9 and 10. c. Barbour-Morrrow Sub Blk C, Lot 10 & N 15 Ft of Lot 11 & Subm Land/TIF Deed #17,411 per Plat. d. Barbour-Morrrow Sub Blk C, S 35 Ft of Lot 11 & N 1/2 of Lot 12 & Subm Land/TIF Deed #17,411 per Plat. 25 EXHIBIT 2 First Amendment to Development Agreement dated October 1, 2020 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL INST# 2020300281 10/08/2020 08:58 AM OFF REC BK: 21200 PG: 523-525 DocType:AGM RECORDING: $27.00 FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT ("AMENDMENT") is dated the /Sr day of OcEober , 2020, and entered into by and between EAST SHORE INTERNATIONAL ENTERPRISES, LLC and 411ES, LLC, a Florida limited liability company ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipality ofthe State of Florida acting through its City Council, the governing body thereof ("City"). WITNESSETH: WHEREAS, Developer and the City entered into that certain Hotel Density Reserve Development Agreement dated July / g , 2019 (the "Development Agreement") a full copy of which is attached hereto as Exhibit 1 relating to that certain real property located at 400, 405, 408, 409, and 411 East Shore Drive, Clearwater, FL 33767 (the "Property"); and WHEREAS, on or about May 1, 2020, Developer filed a Flexible Development Application (FLD 2020-05012) and a Transfer of Development Rights Application (successor application number: TDR 2020-07002) to develop the Project; and WHEREAS, the Development Agreement requires the Developer to obtain site plan approval within one year of the effective date of the Agreement. The Developer has filed the appropriate Applications to obtain site plan approval, but the Applications were incomplete and are still pending final approval through the development review process. The Developer has experienced delays in completing the Applications partially due to the Covid-19 pandemic. As such, the parties desire to amend the Development Agreement as set forth herein; NOW THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Developer and the City agree as follows: RECITALS: 1. The recitals listed above are true and correct and incorporated herein by reference. AMENDMENT TO DEVELOPMENT AGREEMENT: 2. Section 6.1.3.2 is amended to read as follows: The Developer shall obtain appropriate site plan approval pursuant to a Level One or Level Two development application within two (2) years from the effective date of this Agreement in accordance with the provisions of the Code and shall then obtain appropriate permits and certificates of occupancy in accordance with the provisions of the Code. Nothing herein shall restrict Developer from seeking an extension of site plan approval or other development orders pursuant to the Code or state law. In the event that work is not commenced pursuant to issued permits, or certificates of occupancy are not timely issued, the City may deny future development approvals and/or certificates of occupancy for the Project and may terminate this Agreement in accordance with Section 10. 3. No Further Changes. Except as set forth herein there are no further changes, amendments or modifications to the Development Agreement. a+,.. 134.44,4. Developer: EAST SHORE INTERNATIONAL ENTERPRISES, LLC and 411ES, LLC By: Print Name: t_c.c. ; Frank Dagostino, Managing Member Print Name: lC : s } 01 As to "Developer" Print Name: Print Name: As to "City" City: CITY OF CLEARWATER, FLORIDA By: (A) , William B. Horne II, City Manager Attest: Rosemarie Call, City Clerk Coun signe Frank V. Hibbard, Mayor Approved as to Form: Mike Fuino Assistant City Attorney SECOND AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT THIS SECOND AMENDMENT TO THE HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENT (“AMENDMENT”) is dated the _____ day of _______________, 2021, and entered into by and between 411ES, LLC, a Florida limited liability company (“Developer”), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting through its City Council, the governing body thereof (“City”). WITNESSETH: WHEREAS, Developer and the City entered into that certain Hotel Density Reserve Development Agreement dated July 18, 2019 (the “Development Agreement”) a full copy of which is attached hereto as Exhibit 1 which allocated eight (8) units from the Hotel Density Reserve to that certain real property located at 400, 405, 408, 409, and 411 East Shore Drive, Clearwater, FL 33767 (the “Property”); and WHEREAS, on or about May 1, 2020, Developer filed a Flexible Development Application (FLD 2020-05012) and a Transfer of Development Rights Application (successor application number: TDR 2020-07002) to develop the Project. The applications were consistent with the conceptual site plan and elevations approved as part of HDA2019-03001; and WHEREAS, on October 1, 2020, the City Council approved the First Amendment to Hotel Density Reserve Development Agreement extending the deadline for the Developer to obtain site plan approval from one (1) year from the effective date of the Development Agreement to two (2) years from the effective date of the Agreement a full copy of which is attached hereto as Exhibit 2; and WHEREAS, on November 17, 2020, the Community Development Board approved the Developer’s site plan as part of application FLD2020-05012 and a Transfer of Development Rights (“TDR”) as part of application TDR2020-07002 which included the use of 11 transferred hotel units; and WHEREAS, the current proposal includes the use of an additional 17 units yielding a total of 28 transferred hotel unit; and WHEREAS, as a condition of approval of applications FLD2020- 05012/TDR2020-07002 (condition 6), the Developer is required to file amended TDR and FLD applications in order to use any more than seven (7) transferred hotel development units; and WHEREAS, the Developer intends to submit TDR and FLD applications to construct the remaining seven (7) transferred hotel units and to transfer in 10 additional hotel units increasing the total number of overnight accommodation units from 74 units to 91 units; and WHEREAS, eight (8) units from the Hotel Density Reserve were previously allocated to the Project (HDA2019-03001 as amended), the Developer is not seeking to add any additional units from the Hotel Density Reserve through this amendment, and the Developer intends to fully construct all eight (8) allocated units; and WHEREAS, the Developer and the City agree to increase the total number of overnight accommodation units in the Project from 74 units to 91 units, to increase the required parking spaces from 89 spaces to a minimum of 113 spaces or 1.2 spaces per hotel unit and one space per two publicly accessible boat slips, whichever is greater, to increase the height from 65 feet as measured from the point at which minimum floor elevations have been established by law to up to 80 feet as measured from the point at which minimum floor elevations have been established by law, and to amend certain other provisions of the Development Agreement as set forth herein; and WHEREAS, upon completion the planned hotel will contain 91 overnight accommodation units, which includes eight (8) units previously allocated from the Hotel Density Reserve (“Reserve Units”); and 28 transferred hotel units of which 11 have been approved for use (FLD2020-05012/TDR2020-05001) and 17 will need to be approved for use by amending applications FLD2020-05012 and TDR2020-05001. NOW THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Developer and the City agree as follows: RECITALS: 1. The recitals listed above are true and correct and incorporated herein by reference. AMENDMENT TO DEVELOPMENT AGREEMENT: 2. The sixth (6th) recital of the Development Agreement is hereby deleted and the following is substituted in lieu thereof: “WHEREAS, the Developer desires to develop the Property to provide 91 overnight accommodation units, pool, lobby, and parking, generally conforming to the architectural elevation dimensions shown in composite Exhibit “B” (collectively, the improvements are the “Project”); and” 3. The eighth (8th) recital of the Development Agreement is hereby deleted, and the following is substituted in lieu thereof: “WHEREAS, upon completion the planned hotel will contain 91 overnight accommodation units, which includes eight (8) units from the available Hotel Density Reserve (“Reserve Units”); and 28 Units from TDR’s to be acquired.” 4. Amendment of SECTION 4. Scope of Project. Sections 4.1, 4.2, and 4.4 are hereby deleted, and the following is substituted in lieu thereof: “4.1 The Project shall consist of 91 overnight accommodation units including eight (8) overnight accommodation units previously allocated from the Hotel Density Reserve with a total of an additional 28 units acquired through the use of TDR’s and have an overall density no greater than 150 units per acre and a 50-slip dock which will include a maximum of eight (8) marina facility slips that are publicly accessible. “4.2 The Project shall include a minimum of 113 parking spaces (1.2 spaces per hotel unit and one space per two publicly accessible slips), as defined in Code.” “4.4 The height of the Project shall be up to 80 feet as measured from the point at which minimum floor elevations have been established by law as defined by Article 8 of the City’s Community Development Code and as otherwise permitted utilizing the Height Bonus Schedule for the Marina District of Beach by Design the consolidation of property totaling one acre or more on both sides of East Shore Drive and the provision of a publicly accessible Boardwalk. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Hotel Density Reserve.” 5. Amendment of SECTION 6. Obligations under this Agreement. Sections 6.1.11.2 and 6.1.11.3 are hereby deleted, and the following is substituted in lieu thereof: “6.1.11.2 The Developer agrees that the number of conveyable Marina Slips shall be limited to no more than eight (8). The Developer may not increase the number of conveyable marina slips without an amendment to this Development Agreement. The Developer may, however, decrease the number of conveyable marina slips through removal or conversion to slips as accessory to the hotel (commercial dock) without the need to further amend this agreement.” “6.1.11.3 The Developer agrees that any conveyable marina slips shall be limited to sale and/or lease to privately-owned boats rather than commercial vessels for hire including the rental of PWC.” Section 6.1.12 is hereby added as follows: “6.1.12 Prohibition on Lockout Units. The Developer agrees there shall be no locking internal door within any unit that creates a lock-out unit which can create additional hotel units greater than the approved maximum density of 91 overnight accommodation units.” 6. Amendment of Exhibit “B”. Exhibit “B” to the Development Agreement is hereby deleted and Amended Exhibit “B” attached hereto is substituted in lieu thereof. 7. No Further Changes. Except as set forth herein there are no further changes, amendments or modifications to the Development Agreement. Developer: 411ES, LLC _______________________________ By: __________________________ Print Name: ____________________ Huijun Yang, Managing Member _______________________________ Print Name: ____________________ As to “Developer” City: CITY OF CLEARWATER, FLORIDA _______________________________ By: __________________________ Print Name: ____________________ Jon Jennings, City Manager _______________________________ Print Name: ____________________ As to “City” Attest: _________________________________ Rosemarie Call, City Clerk Countersigned: _________________________________ Frank V. Hibbard, Mayor Approved as to Form: _________________________________ Matthew Mytych Assistant City Attorney Ó= Boundary Lines= Water Line= Telephone Line= Gas Line= Sanitary Sewer Line= Storm Sewer Line= Top of Bank= Toe of Slope= Overhead Wire Lines= Fence - Wire= Fence - Chain Link= Fence - Vinyl= Fence - WoodLINE LEGENDLEGENDSYMBOL LEGEND(C)= Calculated Data(D)= Data per Description(F)= Field Determined(M)= Measured Data(P)= Data per Plat+ / -= Plus or MinusA/C = Air ConditionerBW/F = Barbwire FenceBFE= Base Flood ElevationBFP= Backflow PreventorCB= Chord BearingCH= ChordC.A.B.= Condominium Plat BookC/C = Covered ConcreteC/S = Concrete SlabC/SW = Concrete SidewalkCL = CenterlineCLF= Chainlink FenceCOV. = CoveredCLP = Concrete Light PoleCMP = Corrugated Metal PipeCONC. = ConcreteD = Delta AngleD.B.= Deed BookDDVCA= Double Detector Check Valve AssemblyD/W = DrivewayDMH= Drainage ManholeE/P= Edge of PavementEL = ElevationEOW = Edge of WaterERCP= Elliptical Reinforced Concrete PipeFCIR = Found Iron Rod & CapFCM= Found Concrete MonumentFFE= Finished Floor ElevationFIP = Found Iron PipeFIR = Found Iron Rod No CapFMN= Found Mag NailFND = Found Nail & DiskFPP = Found Pinched PipeG.I. = Grate InletGV = Gate ValveHYD = Fire HydrantI.E. = Invert ElevationLB = Corporate Certificate NumberLP = Light PoleLFE= Lowest Floor ElevationM.O.L. = More or LessMES = Mitered End SectionN&D= Nail & DiskNFNS= Not Found and Not SetOCS= Outfall Control StructureOHW= Overhead WireO.R.= Official Records BookP.B.= Plat BookPCP = Permanent Control PointPG(s) = Page(s)PLS = Professional Land SurveyorPOB = Point of BeginningPOC = Point of CommencementPRC = Point of Reverse CurvaturePRM = Permanent Reference MonumentR= RadiusRGE = RangeR/W = Right-of-wayRCP = Reinforced Concrete PipeSCM= Set Concrete Monument PLS #2865SCIR= Set Iron Rod & Cap 5/8" PLS #2865SMH = Sanitary ManholeSMN= Set Mag NailSN&D = Set Nail & Disc PLS #2865TBM= Temporary BenchmarkTOB = Top of BankTOS= Toe of SlopeTWP= TownshipUB = Utility BoxUP= Utility PoleV/F = Vinyl FenceW/F = Wood FenceWM= Water MeterW.O. = Work OrderWV = Water Valve= Backflow Preventor= Cable Box= Centerline= Cleanout= Decorative Light= Drainage Manhole= Fire Department Connection= Fire Hydrant= Gas Meter= Gas Valve= Grease Trap= Guy Anchor= Handicap= Lightpole= Mailbox= Power Box= Sanitary Manhole= Sign= Spot Elevation= Telephone Box= Utility Pole= Water Meter= Water Valve= WellTREE LEGENDMATCH LINESEE SHEET 1 MATCH LINESEE SHEET 2 ÓLEGENDSYMBOL LEGENDSURVEY NOTES:LEGAL DESCRIPTION:SURVEYOR'S CERTIFICATION:PROPERTY ADDRESS:(C)= Calculated Data(D)= Data per Description(F)= Field Determined(M)= Measured Data(P)= Data per Plat+ / -= Plus or MinusA/C = Air ConditionerBW/F = Barbwire FenceBFE= Base Flood ElevationBFP= Backflow PreventorCB= Chord BearingCH= ChordC.A.B.= Condominium Plat BookC/C = Covered ConcreteC/S = Concrete SlabC/SW = Concrete SidewalkCL = CenterlineCLF= Chainlink FenceCOV. = CoveredCLP = Concrete Light PoleCMP = Corrugated Metal PipeCONC. = ConcreteD = Delta AngleD.B.= Deed BookDDVCA= Double Detector Check Valve AssemblyD/W = DrivewayDMH= Drainage ManholeE/P= Edge of PavementEL = ElevationEOW = Edge of WaterERCP= Elliptical Reinforced Concrete PipeFCIR = Found Iron Rod & CapFCM= Found Concrete MonumentFFE= Finished Floor ElevationFIP = Found Iron PipeFIR = Found Iron Rod No CapFMN= Found Mag NailFND = Found Nail & DiskFPP = Found Pinched PipeG.I. = Grate InletGV = Gate ValveHYD = Fire HydrantI.E. = Invert ElevationLB = Corporate Certificate NumberLP = Light PoleLFE= Lowest Floor ElevationM.O.L. = More or LessMES = Mitered End SectionN&D= Nail & DiskNFNS= Not Found and Not SetOCS= Outfall Control StructureOHW= Overhead WireO.R.= Official Records BookP.B.= Plat BookPCP = Permanent Control PointPG(s) = Page(s)PLS = Professional Land SurveyorPOB = Point of BeginningPOC = Point of CommencementPRC = Point of Reverse CurvaturePRM = Permanent Reference MonumentR= RadiusRGE = RangeR/W = Right-of-wayRCP = Reinforced Concrete PipeSCM= Set Concrete Monument PLS #2865SCIR= Set Iron Rod & Cap 5/8" PLS #2865SMH = Sanitary ManholeSMN= Set Mag NailSN&D = Set Nail & Disc PLS #2865TBM= Temporary BenchmarkTOB = Top of BankTOS= Toe of SlopeTWP= TownshipUB = Utility BoxUP= Utility PoleV/F = Vinyl FenceW/F = Wood FenceWM= Water MeterW.O. = Work OrderWV = Water Valve= Backflow Preventor= Cable Box= Centerline= Cleanout= Decorative Light= Drainage Manhole= Fire Department Connection= Fire Hydrant= Gas Meter= Gas Valve= Grease Trap= Guy Anchor= Handicap= Lightpole= Mailbox= Power Box= Sanitary Manhole= Sign= Spot Elevation= Telephone Box= Utility Pole= Water Meter= Water Valve= Well= Boundary Lines= Water Line= Telephone Line= Gas Line= Sanitary Sewer Line= Storm Sewer Line= Top of Bank= Toe of Slope= Overhead Wire Lines= Fence - Wire= Fence - Chain Link= Fence - Vinyl= Fence - WoodLINE LEGENDTREE LEGENDMATCH LINE SEE SHEET 3 MATCH LINE SEE SHEET 2 Ó= Boundary Lines= Water Line= Telephone Line= Gas Line= Sanitary Sewer Line= Storm Sewer Line= Top of Bank= Toe of Slope= Overhead Wire Lines= Fence - Wire= Fence - Chain Link= Fence - Vinyl= Fence - WoodLINE LEGENDLEGENDSYMBOL LEGEND(C)= Calculated Data(D)= Data per Description(F)= Field Determined(M)= Measured Data(P)= Data per Plat+ / -= Plus or MinusA/C = Air ConditionerBW/F = Barbwire FenceBFE= Base Flood ElevationBFP= Backflow PreventorCB= Chord BearingCH= ChordC.A.B.= Condominium Plat BookC/C = Covered ConcreteC/S = Concrete SlabC/SW = Concrete SidewalkCL = CenterlineCLF= Chainlink FenceCOV. = CoveredCLP = Concrete Light PoleCMP = Corrugated Metal PipeCONC. = ConcreteD = Delta AngleD.B.= Deed BookDDVCA= Double Detector Check Valve AssemblyD/W = DrivewayDMH= Drainage ManholeE/P= Edge of PavementEL = ElevationEOW = Edge of WaterERCP= Elliptical Reinforced Concrete PipeFCIR = Found Iron Rod & CapFCM= Found Concrete MonumentFFE= Finished Floor ElevationFIP = Found Iron PipeFIR = Found Iron Rod No CapFMN= Found Mag NailFND = Found Nail & DiskFPP = Found Pinched PipeG.I. = Grate InletGV = Gate ValveHYD = Fire HydrantI.E. = Invert ElevationLB = Corporate Certificate NumberLP = Light PoleLFE= Lowest Floor ElevationM.O.L. = More or LessMES = Mitered End SectionN&D= Nail & DiskNFNS= Not Found and Not SetOCS= Outfall Control StructureOHW= Overhead WireO.R.= Official Records BookP.B.= Plat BookPCP = Permanent Control PointPG(s) = Page(s)PLS = Professional Land SurveyorPOB = Point of BeginningPOC = Point of CommencementPRC = Point of Reverse CurvaturePRM = Permanent Reference MonumentR= RadiusRGE = RangeR/W = Right-of-wayRCP = Reinforced Concrete PipeSCM= Set Concrete Monument PLS #2865SCIR= Set Iron Rod & Cap 5/8" PLS #2865SMH = Sanitary ManholeSMN= Set Mag NailSN&D = Set Nail & Disc PLS #2865TBM= Temporary BenchmarkTOB = Top of BankTOS= Toe of SlopeTWP= TownshipUB = Utility BoxUP= Utility PoleV/F = Vinyl FenceW/F = Wood FenceWM= Water MeterW.O. = Work OrderWV = Water Valve= Backflow Preventor= Cable Box= Centerline= Cleanout= Decorative Light= Drainage Manhole= Fire Department Connection= Fire Hydrant= Gas Meter= Gas Valve= Grease Trap= Guy Anchor= Handicap= Lightpole= Mailbox= Power Box= Sanitary Manhole= Sign= Spot Elevation= Telephone Box= Utility Pole= Water Meter= Water Valve= WellTREE LEGENDMATCH LINESEE SHEET 1 MATCH LINESEE SHEET 3 Ó= Boundary Lines= Water Line= Telephone Line= Gas Line= Sanitary Sewer Line= Storm Sewer Line= Top of Bank= Toe of Slope= Overhead Wire Lines= Fence - Wire= Fence - Chain Link= Fence - Vinyl= Fence - WoodLINE LEGENDLEGENDSYMBOL LEGEND(C)= Calculated Data(D)= Data per Description(F)= Field Determined(M)= Measured Data(P)= Data per Plat+ / -= Plus or MinusA/C = Air ConditionerBW/F = Barbwire FenceBFE= Base Flood ElevationBFP= Backflow PreventorCB= Chord BearingCH= ChordC.A.B.= Condominium Plat BookC/C = Covered ConcreteC/S = Concrete SlabC/SW = Concrete SidewalkCL = CenterlineCLF= Chainlink FenceCOV. = CoveredCLP = Concrete Light PoleCMP = Corrugated Metal PipeCONC. = ConcreteD = Delta AngleD.B.= Deed BookDDVCA= Double Detector Check Valve AssemblyD/W = DrivewayDMH= Drainage ManholeE/P= Edge of PavementEL = ElevationEOW = Edge of WaterERCP= Elliptical Reinforced Concrete PipeFCIR = Found Iron Rod & CapFCM= Found Concrete MonumentFFE= Finished Floor ElevationFIP = Found Iron PipeFIR = Found Iron Rod No CapFMN= Found Mag NailFND = Found Nail & DiskFPP = Found Pinched PipeG.I. = Grate InletGV = Gate ValveHYD = Fire HydrantI.E. = Invert ElevationLB = Corporate Certificate NumberLP = Light PoleLFE= Lowest Floor ElevationM.O.L. = More or LessMES = Mitered End SectionN&D= Nail & DiskNFNS= Not Found and Not SetOCS= Outfall Control StructureOHW= Overhead WireO.R.= Official Records BookP.B.= Plat BookPCP = Permanent Control PointPG(s) = Page(s)PLS = Professional Land SurveyorPOB = Point of BeginningPOC = Point of CommencementPRC = Point of Reverse CurvaturePRM = Permanent Reference MonumentR= RadiusRGE = RangeR/W = Right-of-wayRCP = Reinforced Concrete PipeSCM= Set Concrete Monument PLS #2865SCIR= Set Iron Rod & Cap 5/8" PLS #2865SMH = Sanitary ManholeSMN= Set Mag NailSN&D = Set Nail & Disc PLS #2865TBM= Temporary BenchmarkTOB = Top of BankTOS= Toe of SlopeTWP= TownshipUB = Utility BoxUP= Utility PoleV/F = Vinyl FenceW/F = Wood FenceWM= Water MeterW.O. = Work OrderWV = Water Valve= Backflow Preventor= Cable Box= Centerline= Cleanout= Decorative Light= Drainage Manhole= Fire Department Connection= Fire Hydrant= Gas Meter= Gas Valve= Grease Trap= Guy Anchor= Handicap= Lightpole= Mailbox= Power Box= Sanitary Manhole= Sign= Spot Elevation= Telephone Box= Utility Pole= Water Meter= Water Valve= WellTREE LEGENDMATCH LINESEE SHEET 1 MATCH LINESEE SHEET 2 PINELLAS COUNTY FL OFF. REC. BK 20324 PG 1723 EXHIBIT "A" The land referred to herein below is situated in the County of Pinellas, State of Florida, and described as follows: The South 1/2 of Lot 6 and all of Lots 7, 8 and 9, Block C, BARBOUR-MORROW SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 23, Page 45, Public Records of Pinellas County, Florida. Including the submerged lands being a portion of Lots 7, 8, 9 and the South 1/2 of Lot 6, Block C, BARBOUR-MORROW SUBDIVISION, according to the map or plat thereof, as recorded in Plat Book 23, Page 45, of the Public Records of Pinellas County, Florida, being further described as follows: Commence at the Southwest corner of said Lot 9; thence S 90o00'00" E, along the southerly boundary line of said Lot 9, a distance of 128.25 feet to a point of intersection with the face of a seawall for a point of beginning; thence run the following three (3) courses along the face of said seawall: (1) N 12021'21" W, 154.60 feet; (2) N lO^O^" W, 17.04 feet; (3) N 04o19,32" W, 6.13 feet to a point of intersection with the Northerly boundary line of the South 1/2 of said Lot 6; thence departing the face of said seawall, run N 90o00'00" E, along the said Northerly boundary line of the South 1/2 of said Lot 6, a distance of 195.97 feet to a point of intersection with the Easterly boundary line of said Lot 6, said Easterly line also being the Westerly line of the Government Channel; thence S 04o09'12" E, along the said Westerly line of said Government Channel, a distance of 174.33 feet to the Southeast corner of said Lot 9; thence N 90o00'00" W, along the said Southerly boundary line of said Lot 9, a distance of 171.90 feet back to the point of beginning. Said submerged land area being one and the same as described in that certain Quit Claim Deed recorded in O.R. Book 15973, Page 2565, Public Records of Pinellas County, Florida further described as follows: The submerged lands adjacent to the South 1/2 of Lot 6, and adjacent to Lots 7, 8 and 9, Block C, Barbour-Morrow Subdivision, according to the plat thereof recorded in Plat Book 23, Page 45, Public Records of Pinellas County, Florida. More particularly described as the lands bounded on the West by the Easterly boundary line of said South 1/2 of Lot 6 and Lots 7, 8 and 9, Block C; on the North by an extension Easterly of the North boundary line of the said South 1/2 of Lot 6 to the channel in Clearwater Bay lying East of said Lots; on the South by an extension Easterly of the Southern boundary of Lot 9 to the Westerly boundary line of said channel; and on the East by the Westerly boundary line of the channel. 1 Harborview Hotel 411 East Shore Drive Flexible Development Level II Application Marina Narrative Request:  (2) commercial docks greater than 500 sq ft in overall size;  Public Boardwalk;  Marina Use for 8 wet slips; and  Length Variance for North Dock. The subject Marina development is located in the Tourist (T) District and the Marina District as defined by Clearwater Beach’s Beach by Design. Marinas and Marina Facilities are Level Two permitted uses per CDC Section 2‐803. A Development Agreement was entered into July 22, 2019 between the City of Clearwater and the Developer that approved commercial docks with a total of 57 wet slips, of which 22 wet slips were publicly‐accessible. The Developer is requesting Flexible Development Level II approval due to the size of the docks being greater than 500 sq‐feet in overall size. The Applicant is also requesting approval to construct a 15‐feet wide, publicly‐accessible, boardwalk to be constructed along the entire length of the subject property’s approximately 300‐feet length of seawall. The request is to construct two commercial docks with a total of 50 wet slips. The slips will primarily be for use by guests of the upland development which is approved as overnight accommodations with a maximum of eight (8) slips being available for rent or lease to the public. 4 dedicated parking spaces are provided for the 8 public Marina slips. The north commercial dock with (26) wet slips is proposed on the parcel occupied by a 32‐space parking lot at 411 East Shore. Slips numbered 1‐8 on the north dock will be dedicated for the public marina slips as labeled on the dock drawings. A 31‐slip commercial dock was approved previously at this location by FLD2009‐10037 in 2009. The south commercial dock with (24) wet slips is proposed on the adjacent southern properties at 405 and 409 East Shore. All existing docks will be removed and disposed of properly. A length variance was previously approved for the north commercial dock to be 318 feet in overall length. The north dock has been scaled back and is proposed to be 260 feet in overall length. Therefore, a length variance of 35 feet is being requested where 225 feet maximum length is allowed. There are no other variances being requested for the Marina. Harborview Hotel 411 East Shore Drive Flexible Development Level II Application Responses to Marinas and Marina Facilities Criteria of CDC Section 3‐603 A. All proposed activities including, but not limited to, fueling, pumping‐out, chartering, living‐aboard, launching, dry storage and the servicing of boats, motors and related marine equipment shall require approval in accordance with the provisions of the zoning district in which the marina or marina facility is proposed to be located. Response: The project is located in the Tourist and Marina District and meets the provisions of the zoning district as follows: a) the parcel is not located in an area identified in the Comprehensive Plan as an area of environmental significance; b) there are no commercial activities other than the mooring of boats on a rental basis proposed; c) the parcel is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; d) there are no commercial activities or commercial enterprises proposed; e) the hotel will manage the slips; and f) the marina facilities comply with the commercial dock requirements set forth in Section 3‐601.C.3 and the Marina and Marina Facilities requirements set forth in Section 3‐603. B. For marina facilities located adjacent to residential districts, no fueling or launching facilities shall be located within 20 feet of the residential property line, and no fueling or servicing of boats shall occur at such marinas after 9:00 p.m. or before 6:00 a.m. Response: The proposal meets the criteria. There are no fueling, servicing or launching facilities proposed. C. No fuel storage facility or sanitary pump‐out station holding tank shall be located over water. Response: There will be no fuel storage on site and sanitary pump‐out can occur either by contract with the City’s pump‐out vessel, at the dock using a portable system that will be stored on land, and alternatively, vessels can utilize the Clearwater Municipal Marina’s pump out system. D. The marina shall pose no hazard or obstruction to navigation, as determined by the city harbormaster. Response: The proposed docks were designed, to the extent possible, to meet all the City’s dimensional criteria to provide required side setbacks and to not exceed the maximum width and to not exceed 25% the width of waterway, to not negatively impact navigation. The dimensional criteria ensure docks and slips are wholly located within property lines and that adequate distances to other docks and navigation paths are maintained to not cause navigation conflicts with adjacent properties or the general public using the shared waterways. When properties are located on narrow canals or near a marked channel, a dock’s length projection can be further restricted to not exceed 25% the width of the waterway to avoid conflicts with navigation. In this particular case, the docks are meeting or exceeding the minimum required side setbacks and the dock width is allowed per Code. The docks are located on a portion of Mandalay Channel where the width of waterway is greater than 1,300 ft. The length of the north dock was originally permitted to be 318 linear ft and has been scaled back considerably to be only 260 ft now. The Marina’s Hurricane Preparedness Plan is also attached to ensure that all safety precautions will be in place to adequately prepare for Hurricanes. E. The marina shall not adversely affect the environment, including both onshore and offshore natural resources. Response: There are no anticipated adverse impacts to the marine environment. There are seagrass beds at the north dock area. And why the north dock and wet slips were originally approved for a 318‐ft length variance. The proposed docks have been scaled back at the north dock but do not impact the existing submerged vegetation within the footprint of the proposed dock or wet slips. Water depths from the proposed dock to the open water and nearest navigation channel are adequate that even if seagrass beds were present there is no risk of prop‐scarring. The proposed public boardwalk is designed to minimize impacts to seagrass beds. The boardwalk structure will be built according to the Guidelines of Construction over Submerged Aquatic Vegetation and that entails, utilizing maximum piling spacing, elevated deck height and minimum ½” plank spacing to allow for maximum light penetration. The facility will post educational and informational signs warning boaters of the presence of protected marina mammals and other protected species as required by the Florida Fish and Wildlife Conservation Commission. Best management practices will be implemented by the facility to ensure vessel operators are made aware of nearby speed zones and are respectful of all property owners. F. Adequate sanitary facilities shall be provided landside and a sanitary pump‐out station shall be provided and shall be available to marina users 24 hours a day. Response: Restrooms will be available landside at the hotel. The hotel will contract with the City’s mobile pump‐out vessel for marine sanitary service rather than install a permanent sanitary pump‐out station. The hotel may store an accessible portable pump‐out unit landside for pump‐out if needed after regular servicing hours. Vessel owners also have the option of pumping out at the Municipal Marina. G. A manatee protection plan shall be provided and appropriate speed zone signs shall be posted to control boat speed for manatee protection. Response: As part of the Marina’s Manatee Protection Plan (MPP), the hotel will: a) post educational and informational signs informing boaters of the presence of the protected Florida Manatee as required by the Florida Fish and Wildlife Conservation Commission, b) provide maps of posted speed zones, vessel exclusion zones and manatee protection zones to vessel operators; and c) require vessel owners provide a copy of their safe boater registration prior to signing a lease agreement. Please see attached proposed MPP. H. Adequate spill containment areas shall be provided on the property. Response: Fueling and boat servicing are not proposed. I. Design of the marina shall maintain existing tidal flushing and aquatic circulation patterns. Response: The marina docks are proposed as fixed docks to be secured in place by timber‐pilings. The piling spacing and existing adequate depths will ensure adequate flushing and water circulation of the area. J. In the event of conflict between these standards and federal or state law or rules, the federal or state law or rules shall apply to the extent that these standards have been preempted; otherwise, the more stringent regulations shall apply. Response: Acknowledged. 1_ 10/12/21 400, 405, 408, 409, 411 East Shore Drive/HDA2019-03001B Beach by Design Criteria A. Density: DESIGN RESPONSE: The proposed design consists of a 91 Suite Transient Overnight Accommodation, at a density of 50 units per acre based on a 1.115-acre parcel of Upland located on both sides of East Shore Drive. B. Height & Separation: DESIGN RESPONSE: 1. Height: The highest base flood elevation on site is AE-11 feet. The Design Flood Elevation (D.F.E) is base flood elevation 11 feet plus two (2) feet of Freeboard. The maximum allowable building height in the Marina District for more than one acre on both sides of East Shore Drive is 80’-0” above the Design Flood Elevation. The proposed height of the hotel as designed, is at 80’-0” above Design Flood Elevation. 2. Separation: The proposed hotel is a single Building at a height at 80’-0” above Design flood elevation, within Separation requirements. 3. Floor Plates: Floor plates at level 1 and level 2 are approximately 18,032 SF, and no part of any floor plate exceeds the maximum allowable. C. Design, Scale and Mass of Building: 1. Buildings with a footprint of greater than 5000 square feet or a single dimension of greater than one hundred (100) feet will be constructed so that no more than two (2) of the three (3) building dimensions in the vertical or horizontal planes are equal in length. For this purpose, equal in length means that the two lengths vary by less than forty (40%) of the shorter of the two (2) lengths. The horizontal plan measurements relate to the footprint of the building. DESIGN RESPONSE: The Building Massing Diagrams for the proposed Project can be found on Pages A-910 thru A-913. The Site is shallow, only 70.22' on the North Side Property Line and 168' on the South Side Property Line due to a Yard Bump Out. It is 300' on the Street and 405' on the water due to the Bump Out in the Southern third of the Property. The Building Footprint is: 18,032 sq. ft. The resulting Building Design and Massing is appropriate to the Site dimensions and takes advantage of the maximum allowable height at just under 80’-0”, the maximum allowable 2_ 10/12/21 400, 405, 408, 409, 411 East Shore Drive/HDA2019-03001B site length with the setbacks and below the Floor Area Ratio for a Hotel, while still introducing the necessary Site Amenities such as a Pool with, Deck Areas and the Public Boardwalk along the waterfront. The mass of the Building has vertical penetrations of the Elevator/Lobby area and Stair Towers occurring at roughly 1/3 proportions, that create movement with the horizontal building massing, also avoiding any long uninterrupted run of balconies or a continuous façade, thus insuring that there are no single dimensions of the Building that are greater than 100 feet without an offset. Please reference the Site Plan on sheet A-101 for the Building Footprint and massing diagrams on sheets A-910 through A-913. 2. No plane of a building may continue uninterrupted for greater than one hundred linear feet (100’). For the purpose of this standard, interrupted means an offset of greater than five feet (5’). DESIGN RESPONSE: No plane of the proposed Building continues uninterrupted in excess of 60 feet, meeting the requirement of being less than 100'-0". The building facade on East Shore Drive, is broken by Elevator/Lobby structure and fire stair tower massing that visually breaks the horizontal structure with varied relief. 3. At least sixty percent (60%) of any elevation will be covered with windows or architectural decoration. For the purpose of this standard, an Elevation is that portion of a building that is visible from a particular point outside the parcel proposed for development. DESIGN RESPONSE: The % coverage for windows or decoration are as follows: East Facade = total 22,068 s.f, , decorative coverage = 13,526 s.f. = 61% coverage North Façade = total 8,588 s.f., decorative coverage = 4,891 s.f. = 60% coverage West Façade = total 20,512 s.f.,decorative coverage = 12,368 s.f. = 60% coverage South Façade = total 8,287 s.f., decorative coverage = 6,038 s.f. = 73% coverage The total current area for all facades is 59,455 s.f., the decorative coverage for all facades = 36,823 s.f.= 61.9% (1.9% more than required) 4. No more than sixty percent (60%) of the theoretical maximum building envelope located above forty-five feet (45’) will be occupied by a building. However, in those instances where an overnight accommodation use on less than 2.0 acres that has been allocated additional density via the Hotel Density Reserve, no more than seventy-five percent (75%) of the theoretical maximum 3_ 10/12/21 400, 405, 408, 409, 411 East Shore Drive/HDA2019-03001B building envelope located above forty-five feet (45’) may be occupied by a building unless the property is located between Gulfview Boulevard and the Gulf of Mexico, then no more than 70% may be occupied by a building. DESIGN RESPONSE: East Facade = total 22,068 s.f, above 45’-0” = 9,600 s.f. = total 44% (25% below max. allowable of 70%) North Façade = total 8,588 s.f., above 45’-0” = 3,895 s.f. = total 45 % (25% below max. allowable of 70%) West Façade = total 20,512 s.f., above 45’ = 9,582 s.f = 47.6% (22.4% below max. allowable of 70%) South Façade = total 8,287 s.f., above 45’ = 3,913 s.f. = 49.7 s.f. (20.3% below max. allowable of 70%) The total area for all the building facades is 59,455 s.f.. Above 45’-0”, the total current amount is 26,990 s.f. = 45.4% (24.6% less than maximum allowable of 70%). 5. The height and mass of buildings will be correlated to: 1. the dimensional aspects of the parcel of the parcel proposed for development and 2. adjacent public spaces such as streets and parks. DESIGN RESPONSE: 1. The proposed building height and mass, maximizes the footprint of the parcel, and uses the 80’-0” allowable building height for Hotels. 2. The East Shore streetscape includes landscaping and benches for public use. The vehicular and pedestrian entry access includes screening and landscape. Hotel Parking Lot East – 10’-0” sidewalk East - 10’-0” sidewalk West – 15’-0” boardwalk West - 10’-0” sidewalk Landscaping populates the right-of-way areas along 6’-0”, 10’-0”and 15’-0” sidewalks for public pedestrian use. 6. Buildings may be designed for a vertical or horizontal mix of permitting Uses. DESIGN RESPONSE: The Building is designed for Hotel related uses only with a mix of overnight accommodations and facility amenities, which are typical for a limited service Hotel. With the exception of the Boardwalk, all other proposed common spaces within the Hotel are those typical for the exclusive use of the Hotel. The Amenities equal a total of 10% of the Hotel area, equal to the 10% accessory allowance. The adjacent parking lot is for hotel use. 4_ 10/12/21 400, 405, 408, 409, 411 East Shore Drive/HDA2019-03001B D. Setbacks & Stepbacks 1. Rights-of-way The area between the building and the edge of the pavement as existing and planned should be sufficiently wide to create a pedestrian-friendly environment. The distances from structures to the edge of the right-of-way should be: DESIGN RESPONSE: The Setback allowable on the Marina District recognizes the narrow Right-of-Way and shallow Upland properties that must be dealt with accordingly, as little as a zero (0) Front Yard Setback is allowed. The Design incorporates appropriate Side Yard Setbacks and height, using 80’-0” of the allowable 80'-0" and using a five foot (5-0") Front Yard Setback in a limited area, with an average of 18'-0" depth from Property Line to Curb/Paved Surface creating the appearance of a larger Pedestrian way. The five-foot wide setback area on the East side is a landscape area. 2. Side and Rear Setbacks Side and rear setbacks shall be governed by the provisions of the Tourist District of the Community Development Code unless otherwise prescribed in the applicable Character District provisions contained in Section II., Future Land Use. DESIGN RESPONSE: The Side Yard Setbacks as required and proposed are shown on the Site Plans and meet requirements on the North and South Side Yards. The Rear Setbacks on the Waterfront, while varying tremendously, accommodate the depth variations of the Site. They are found on the plans and as follows: Hotel Building Setback East (rear, waterfront) setback 19’-2” (as proposed) West (front, street-side) setback 5’ from property line/ 24’ from street curb as proposed) North (side) setback 36-9” (as proposed) South (side) setback 25’-0” (as proposed) Hotel Parking Setback East (rear, waterfront) setback 5’-0” (as proposed) West (front, street-side) setback 5’-0” (as proposed) North (side) setback 5’-0” (as proposed) South (side) setback 10’-8” (as proposed) Parking Lot Parking Setback East (front, street-side) setback 5’-0” (as proposed West (rear, street side) setback 5’-0” (as proposed) 5_ 10/12/21 400, 405, 408, 409, 411 East Shore Drive/HDA2019-03001B North (side) setback 6’-4” (as proposed) South (side) setback 5’-0” (as proposed) 3. Setbacks and Stepbacks To reduce upper story massing along the street and ensure a human scale street environment, buildings using the hotel density reserve along East Shore Drive shall be constructed in accordance with the following: a. Buildings constructed with a front setback of fifteen feet (15’) or more shall stepback with a minimum depth of fifteen feet (15’) from the setback line at a height not more than twenty-five feet (25’). DESIGN RESPONSE: N/A b. Buildings constructed with a front setback greater than or equal to ten feet (10’) and less than fifteen feet (15’) shall stepback at a height not more than twenty feet (20’). DESIGN RESPONSE: N/A c. The required stepback/ setback ratio is one and one-half feet (1.5’) for every one foot (1’) reduction in setback in addition to the minimum stepback of fifteen feet (15’). DESIGN RESPONSE: N/A d. Buildings constructed with a front setback of less than ten feet (10’) shall provide a building stepback required stepback/setback ratio is two and one-half feet (2.5’) for every one foot (1’) reduction in setback in addition to the minimum step back of fifteen feet (15’). DESIGN RESPONSE: N/A e. To achieve upper story facade variety and articulation, additional stepbacks may be required. To avoid a monotonous streetscape, a building shall not replicate the stepback configuration of the neighboring buildings including those across rights- of- way. DESIGN RESPONSE: N/A f. Required step backs shall span a minimum of 75% of the building frontage width. DESIGN RESPONSE: N/A E. Street-Level Facades: 6_ 10/12/21 400, 405, 408, 409, 411 East Shore Drive/HDA2019-03001B The human scale and aesthetic appeal of street-level facades, and their relationship to the sidewalk, are essential to a pedestrian-friendly environment. Accordingly: 1. At least sixty percent (60%) of the Street Level facades of Buildings used for nonresidential purposes which abut a public street or pedestrian access way, will be transparent. For the purpose of this standard: a) Street level facade means that portion of a building facade from ground level to a height of twelve feet (12'). DESIGN RESPONSE: The Street Level Facades meet or exceed 60% transparency with Store-Front Lobby Entrance with Planters and Access Plazas. b) Transparent means windows or doors that allow pedestrians to see into: i. the building, or ii. landscaped or hardscaped courtyard or plazas, where street level facades are set back at least fifteen feet (15') from the edge of the sidewalk and the area between the sidewalk and the facade is a landscaped or yardscaped courtyard. DESIGN RESPONSE: Windows at Lobby level will have visibility through the Low-E insulated Glass Windows and Doors in the Entry/Lobby and Elevator Stack on each level above. c) Parking structures should utilize architectural details and design elements such a false recessed windows, arches, planter boxes, metal grillwork, etc. instead of transparent alternatives. When a parking garage abuts a public road or other public place, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress. DESIGN RESPONSE: West parking lot is screened by landscape all sides with the exception of Drive Aisle Entries. East parking area is screened from the public road and the boardwalk by decorative perforated metal screen and landscaping. Additional architecture detailing such as reveal and recess are included so that the function of the building is not readily apparent. Please refer to A-203 and A- 204 Color Exterior Elevations and A-901 to A-904 Exterior Rendering. 2. Window coverings, and other opaque materials may cover not more than 10% of the area of any street-level window in a nonresidential building that fronts on a public right-of way. DESIGN RESPONSE: No window coverings are planned for the street level windows. These windows have a low-e tinting that is virtually indiscernible. 7_ 10/12/21 400, 405, 408, 409, 411 East Shore Drive/HDA2019-03001B 3. Building entrances should be aesthetically inviting and easily identified. Goods for sale will not be displayed outside of a building, except as a permitted temporary use. This standard does not apply to outdoor food service establishments. DESIGN RESPONSE: Site Plan reflects an entry along East Shore Drive. Articulated building entry leads to a lobby entrance on grade with elevators, transitioning guests to second floor Check- in and lobby lounge. Pool terrace and food/beverage amenity open to views of the Marina and Public Boardwalk along Clearwater Bay. 4. Awnings and other structures that offer pedestrians cover from the elements are recommended. Awnings help define entryways and provide storefront identity to both pedestrians and drivers. DESIGN RESPONSE: Any awnings or umbrellas proposed will contain at least three (3) distinct colors. Any bright colors will be limited to trims and other accents. No glass curtain walls are planned or provided. Pedestrian entrances will be sheltered by concrete slabs, in keeping with the Building’s Architectural Design. F. Parking Areas To create a well-defined and aesthetically appealing street boundary, all parking areas will be separated from public rights of way by a landscaped decorative wall, fence or other opaque landscape treatment of not less than three feet (3’) and not more than three and one-half feet (3½’) in height. Surface parking areas that are visible from public streets or other public places will be landscaped such that the parking areas are defined more by their landscaping materials than their paved areas when viewed from adjacent property. The use of shade trees is encouraged in parking lots. However, care should be taken to choose trees that do not drop excessive amounts of leaves, flowers, or seeds on the vehicles below. Entrances to parking areas should be clearly marked in order to avoid confusion and minimize automobile-pedestrian conflicts. Attractive signage and changes to the texture of the road (such as pavers) are recommended. When a parking garage abuts a public road or other public place, it will be designed such that the function of the building is not readily apparent except at points of ingress and egress. DESIGN RESPONSE: Parking is primarily located at the Level 1 of the Hotel and at the across the street parking lot. Parking is screened with architectural elements including decorative perforated metal panels and Towers. In addition, both the Hotel and parking lot are articulated with landscaping. The parking totals are as follows and are indicated on Drawings A-101 , A-111, and A-112: 8_ 10/12/21 400, 405, 408, 409, 411 East Shore Drive/HDA2019-03001B Marina: 4 standard parking spaces Hotel: 109 valet parking spaces Total: 113 parking spaces G. Signage Signage is an important contributor to the overall character of a place. However, few general rules apply to signage. Generally, signage should be creative, unique, simple, and discrete. Blade signs, banners and sandwich boards should not be discouraged, but signs placed on the sidewalk should not obstruct pedestrian traffic. DESIGN RESPONSE: Signage is to be developed. It will be creative and reflective of the region and unique to the Project while meeting all Code Criteria. H. Sidewalks Sidewalks along arterials and retail streets should be at least ten feet (10’) in width. All sidewalks along arterials and retail streets will be landscaped with palm trees, spaced to a maximum of thirty-five feet (35') on centers, with “clear grey” of not less than eight feet (8'). Acceptable palm trees include sabal palms (sabal palmetto), medjool palms (phoenix dactylifera ‘medjool’), and canary island date palms (phoenix canariensis). Sidewalks along side streets will be landscaped with palms (clear trunk of not less than eight feet (8')) or shade trees, spaced at maximum intervals of thirty-five feet (35') on centers. Portions of required sidewalks may be improved for non-pedestrian purposes including outdoor dining and landscape material, provided that: 1. movement of pedestrians along the sidewalk is not obstructed; and 2. On-pedestrian improvements and uses are located on the street side of the sidewalk. Distinctive paving patterns should be used to separate permanent sidewalk café improvements from the pedestrian space on the sidewalk. To enhance pedestrian safety and calm traffic, distinctive paving should also be used to mark crosswalks. DESIGN RESPONSE: Pedestrian movement along a distinctive Landscaping Paver designed sidewalk has no obstructions, with a well Landscaped buffers. The sidewalk widths are noted below: Hotel East – 10’-0” sidewalk (East Shore Drive) West – 15’-0” boardwalk (waterside) South – no sidewalk (side yard) North – 5’-0” boardwalk access (side yard) Parking Lot 9_ 10/12/21 400, 405, 408, 409, 411 East Shore Drive/HDA2019-03001B East - 10’-0” sidewalk (East Shore Drive) West - 10’-0” sidewalk (Poinsettia Street) I. Street Furniture and Bicycle Racks Street furniture, including benches and trash receptacles should be liberally placed along the sidewalks, at intervals no greater than thirty linear feet (30') of sidewalk. Bicycle racks should also be provided, especially near popular destinations, to promote transportation alternatives. Complicated bicycle rack systems should be avoided. The placement of street furniture and bicycle racks should not interrupt pedestrian traffic on the sidewalk. DESIGN RESPONSE: Twelve (12) Bicycle Racks are sheltered out of weather, under the Building and behind screen enclosures. Public use benches are not being proposed. J. Street Lighting Street lighting should respond to the pedestrian-oriented nature of a tourist destination. In this context, it should balance the functional with the attractive – providing adequate light to vehicular traffic, while simultaneously creating intimate spaces along the sidewalks. Clearwater’s historic lighting is an attractive, single-globe fixture atop a cast-iron pole. DESIGN RESPONSE: Street lighting is not proposed. K. Fountains Fountains provide attractive focal points to public spaces and add natural elements to urban environments. They should be interesting, engaging and unique. While it is important not to overburden architectural creativity regarding fountains, they should meet at least the following standards in order to be a functional and attractive component of the public space: 1. They should be supplemented with street furniture such as benches and trash receptacles, and 2. They should have rims that are: a. Tall enough to limit unsupervised access by small children, and b. Wide enough to permit seating. Fountains should be encouraged in landscaped and hardscaped courtyards and plazas. 10_ 10/12/21 400, 405, 408, 409, 411 East Shore Drive/HDA2019-03001B DESIGN RESPONSE: A water feature is not proposed. L. Materials and Colors 1. Facades Finish materials and building colors will reflect Florida or Coastal vernacular themes. All awnings should contain at least three (3) distinct colors. Bright colors will be limited to trims and other accents. Glass curtain walls are prohibited. DESIGN RESPONSE: Any awnings or umbrellas that are located on Waterfront Pool Deck and as proposed will contain at least three (3) distinct colors. Bright colors will be limited to trims and other accents. No glass curtain walls are planned or provided. Composite wood panels and landscaped building panels have been incorporated to soften the faced relating more to the natural elements. 2. Sidewalks Sidewalks will be constructed of: a. Pavers; b. Patterned, distressed, or special aggregate concrete; OR c. Other finished treatment that distinguishes the sidewalks from typical suburban concrete sidewalks. Materials should be chosen to minimize the cost and complexity of maintenance. DESIGN RESPONSE: Sidewalks are proposed to be Select-Color coordinated pavers (with the exception of ADA Transitions and Accesses), in a 5'- 0" Pedestrian Walk along East Shore Drive, conforming to ADA standards with Warning Pads and proper Cross Slopes. Sidewalks within Project at Pool Decks and at all surfaces under Building, will match color elements with Pavers in all areas. 3. Street Furniture Street furniture will be constructed of low maintenance materials and will be in a color that is compatible with its surroundings. DESIGN RESPONSE: No street furniture is proposed. 11_ 10/12/21 400, 405, 408, 409, 411 East Shore Drive/HDA2019-03001B 4. Color Palette A recommended palette for building colors is presented on the following page. DESIGN RESPONSE: Finish materials and Building colors will reflect Florida or Coastal Marine vernacular themes. Additional Design Items: Waterfront Public Boardwalk: Specified by Design standards called out in 'Beach by Design' Guidelines, the Public Boardwalk is shown at the Waterfront and runs for the 405 feet of Seawall with access from the South Property Line. 400, 405, 408, 409, 411 East Shore Drive/HDA2019-03001B BEACH BY DESIGN NARRATIVE PER SECTION V.B.2 The Harborview Hotel at Clearwater Beach Project The proposed project is a Waterfront 91 Suite Transient Resort Hotel. This Marina District Site consists of 1.115 acres located on both sides of East Shore Drive with an additional 1.171 acres of Submerged Land stretching into Clearwater Harbor. The 1.115 acre property is bordered by the 15 foot wide Public Boardwalk designed to be installed in accordance with the "Beach By Design" Guidelines. The proposed Hotel is 80’-0” ft above BFE+2 foot freeboard, meets the maximum allowable 80- foot Height. Building does not exceed maximum building height with TDR units. The inclusion of this Boardwalk along the Waterfront allows for an 80’ height bonus which the Developer is intentionally not utilizing. Upon completion the planned hotel will contain 91 overnight accommodation units, which includes 55 base density units (at 50 units per acre), 8 units previously allocated from the Hotel Density Reserve (“Reserve Units”); and 28 transferred hotel units of which 11 have been approved for use (FLD2020-05012/TDR2020-05001) and 17 will need to be approved for use by amending applications FLD2020-05012 and TDR2020-05001. Access to all hotel units is through a lobby with internal, enclosed corridor on all guest floors. Accessory uses include a bar with limited food service, a Pool and Poolside Deck Area, a Fitness Center, 15’ public Waterfront Boardwalk. All Units in this development will always be made available to transient hotel guests. However, Units received from the reserve will be limited to a term of less than one (1) month or 31 consecutive days. No hotel room in this project has a full kitchen. A reservation system will be in place prior to operation of this hotel. Owners are intent on interviewing three major chain management groups. All books and records pertaining to the use of each hotel room will be open for inspection by authorized representative of the City upon reasonable notice to confirm compliance with all regulations as allowed by general law. Evacuation/Closure covenants will be met and posted. The proposed development will comply with all Metropolitan Planning Organizations (MPO) Regulations Countywide Approach to the Application of Concurrency Management for Transportation, if applicable. 400, 405, 408, 409, 411 East Shore Drive/HDA2019-03001B PUBLIC BOARDWALK BUILDING DESIGN @ MARINA DISTRICT The Harborview Hotel at Clearwater Beach Project The height and mass of building is correlated to the dimensional aspects of the parcel and adjacent properties and public spaces. The proposed 91 Suite transient Resort Hotel is 80’-0” above BFE+2-foot freeboard, below the maximum allowable 80-foot Height. It is inclusive of the 15-foot Public Boardwalk along its Waterfront. The Public Boardwalk shall be built at the Developers expense adjacent to the seawall in accordance with “The Marina District Boardwalk Design Guidelines and Specifications”. The building was designed with a pedestrian-friendly environment in mind. Providing human scale and aesthetic appeal at street level with lush landscaping and low walls to screen street traffic, allowing for safe pedestrian passage and wayfinding. In the upper story facades, there is variety and articulation utilizing balconies, windows, composite and landscape building panels and negative areas to provide visual interest and ensure that no plane of the building continues uninterrupted for greater than one hundred linear feet. 400, 405, 408, 409, 411 East Shore Drive/HDA2019-03001B NARRATIVE – SETBACKS The Harborview Hotel at Clearwater Beach Project The Setbacks as required and proposed are shown on Site Plans. The proposed project provides 5-foot front setback from the property line, 15-foot from the curb along East Shore Drive per Figure 2 on Clearwater Marina District Boardwalk Design Guidelines and Specifications dated December 2019. Additionally, 30-foot side setback, exceeds the requirement of 25% of the building height or a minimum pf 20 feet whichever is greater per Beach by Design. There is no request for flexibility in this regard. 0 Required Proposed East Lot: Front: 0 min. 5 ’ - 0 ” min N. Side Yard: 20 ’ - 0 ” 30 - 0 ” S. Side yard: 20 ’ - 0 ” 20 - 0 ” Rear (Waterfront): 18 ’ - 0 ” 18 ’ - 0 ” West Lot: Front: N Side Yard: S Side Yard: Rear: 15’ - 0” 10’ - 0” 10’ - 0” 10’ - 0” 5’ - 0” 10’ - 0” 10’ - 0” 10’ - 0” LOCATION MAPVICINITY MAPBAKERDUVALNASSAUHAMILTONLEONGADSDENWASHINGTONBAYHOLMESWALTONESCAMBIASANTA ROSAOKALOOSAJACKSONJOHNSUNIONBRADFORDALACHUACLAYPUTNAMGULFTAYLORFRANKLINLAFAYETTEDIXIEGILCHRISTWAKULLALIBERTYLAKEMARIONVOLUSIALEVYFLAGLEROSCEOLAPASCOORANGESEMINOLEHERNANDOMANATEEHARDEEOKEECHOBEEINDIANPOLKRIVERPINELLASBREVARDHILLSBOROUGHSUMTERCITRUSSARASOTAMARTINGLADESCHARLOTTEHIGHLANDSDE SOTOBROWARDCOLLIERPALM BEACHHENDRYLEEDADEMONROEMONROE ST LUCIE JEFFERSONCALHOUNCOLUMBIASUWANNEE HARBORVIEW HOTELINDEX OF SHEETSPROJECT CITY OF CLEARWATER NOTES1. ANY CURB REMOVED OR DAMAGED SHALL BE REPLACED ANDTO MATCH EXISTING CURB.2.ALL WORK IN THE RIGHT-OF-WAY MUST MEET CITY STANDARDS.3.A STANDARD RIGHT-OF-WAY PERMIT WILL BE NEEDED FOR WORK ON CITY RIGHT-OF-WAY (E.G. DRIVEWAYS, SIDEWALKS, UTILITY CONNECTIONS, CLOSURES OF LANES/SIDEWALKS, ETC.). THE CITY MUST APPROVE A MAINTENANCE OF TRAFFIC DIAGRAM (M.O.T.) PLANS TO ISSUE A RIGHT-OF-WAY PERMIT. A LINK TO THE ROW APPLICATION https://www.myclearwater.com/home/showdocument?id=540.4.CONSTRUCTION PLAN SHALL SHOW THE EXACT LOCATION OF ALL PROPOSED FACILITIES TO BE INSTALLED PURSUANT TO THIS PERMIT, SAID CONSTRUCTION PLAN TO BE SUFFICIENTLY DETAILED TO ALLOW LOCATION OF SAID INSTALLATION BY REFERENCE THERETO.5.APPLICATION FOR RIGHT OF WAY USE PERMIT, PROVIDE CITY STAFF THREE COMPLETED RIGHT OF WAY USE APPLICATION PACKAGES INCLUDING RELEVANT CONSTRUCTION PLAN SHEETS, CITY CONSTRUCTION DETAILS; IF PEDESTRIAN AND/ORVEHICULAR TRAFFIC WILL BE IMPACTED A MOBILIZATION OF TRAFFIC (MOT) PLAN IS REQUIRED TO THE ENGINEERING DEPARTMENT OR EMAIL TO IVAN.DIMITROV@MYCLEARWATER.COM.6.ONCE THE PACKET IS APPROVED, THE APPLICANT SHALL RECEIVE THE RIGHT OF WAY USE PERMIT AFTER PAYMENT OF THE APPROPRIATE FEE.7.ANY PARKING METER AFFECTED BY THE PROPOSED WORK OR MOT PLANS WILL REQUIRE PARKING FEES TO BE PAID. CONTACT CITY PARKING DEPARTMENT.8.THE CONTRACTOR SHALL PROVIDE A MINIMUM OF FORTY-EIGHT(48) HOURS OF NOTIFICATION BY PHONE AT 727-562-4750 PRIORTO THE COMMENCEMENT OF WORK IN THE RIGHT OF WAY.9.DURING CONSTRUCTION IN THE RIGHT OF WAY OR WHEN THE CITY WILL HAVE AN EASEMENT TO MAINTAIN THE SYSTEM:1.DRIVEWAY ROUGH2.SIDEWALK ROUGH3.SANITARY SEWER ROUGH4.STORM SEWER ROUGH5.WATER MAIN ROUGH10.PRIOR TO RECEIPT OF THE CERTIFICATE OF OCCUPANCY (C.O.)THE ROW PERMIT SHALL BE CLOSED OUT AND THE FINAL C.O. SHALL BE CONTINGENT ON PASSING RESULTS FOR THE FOLLOWING INSPECTIONS PERFORMED BY THE ENGINEERING AND UTILITIES DEPARTMENT FIVE SETS OF SITE AS-BUILT SIGNED AND SEALED BY THE ENGINEER OF RECORD CERTIFYING THE PROJECT WAS CONSTRUCTED PER PROJECT PLANS AND SPECIFICATIONS:1.DRIVEWAY FINAL2.SIDEWALK FINAL3.SANITARY SEWER FINAL4.STORM SEWER FINAL5.WATER FINAL6.TRAFFIC FINAL11.ENGINEERING FINAL, CONTACT THE ENGINEERINGDEPARTMENT FOR ENGINEERING FINAL INSPECTION AFTER ALLOTHER ENGINEERING & UTILITY FINALS HAVE BEEN PASSED AND ALLC.O. CONDITIONS HAVE BEEN MET.12.WORK PERFORMED IN THE RIGHT OF WAY WITHOUT ANDAPPROVED RIGHT OF WAY PERMIT (STOP WORK ORDER) MAY BECHARGED A FEE DOUBLE THE REQUIRED PERMIT FEE, PERORDINANCE NO. 6856-01. PILING(TYP. OF 5)ADJACENT BUILDINGFFE = 5.21'SSSDCOCOCOCOCOCOCOCOFDCGSMHTOP EL=4.02N IE=1.17G.I.TOP EL=3.88W I.E. = 1.70, 12" CLAYS I.E. = 1.45, 10" CLAYG.I.TOP EL=3.57BOTTOM = 1.45G.I.TOP EL=4.10BOTTOM = 1.8212" CLAYI.E. = 0.03G.I.TOP EL=3.88N I.E. = 1.56, 10" CLAYE I.E. = 1.60, 12" CLAYCURB INLETTOP EL = 3.32NW I.E. = 1.63, 12X18 ERCPW I.E. = 1.59, 6" PVCUTILITYVAULTC/S WITHBOLLARDS2' VALLEYGUTTERC/SWSHELL PATHASPHALT PARKINGMASONRYWALLMASONRY WALLC/SW 2' VALLEYGUTTERDDCVASEAWALL10.0410.089.6425.00 25.00 59.3518.6020.0239.81 36.58 39.78STOP SIGN& BAR (TYP)DETECTABLEWARNING SURFACEEACH SIDE OF DRIVE(TYP)PROPOSED DRAINAGEEASEMENT (BY OTHERS)DO NOT ENTERSIGN24.00 8.5016.00 BOARDWALK BOARDWALK 6 5 6 14 4 1 6 6 11 11 10 3 7 8 5 1224.008.5016.00 16.00 16.00 R10.00R 1 0 . 0 0 R15.00R15.008.5016.0015.5024.0012.005.00 16.00 8.5016.008.5016.00 R15.005.00 5.00 15.5015.50M3M4M1M218.00 9.0018.009.0028.0210.67 MMMMMMMM14.67R5.00R3 . 0 0 R1 0 . 0 0 ADJACENT BUILDINGFFE = 5.21'SCOCOCOCOCOCOCOCOGSMHTOP EL=4.02N IE=1.17G.I.TOP EL=3.88W I.E. = 1.70, 12" CLAYS I.E. = 1.45, 10" CLAYG.I.TOP EL=3.57BOTTOM = 1.45G.I.TOP EL=4.10BOTTOM = 1.8212" CLAYI.E. = 0.03G.I.TOP EL=3.88N I.E. = 1.56, 10" CLAYE I.E. = 1.60, 12" CLAYUTILITYVAULTC/S WITHBOLLARDS2' VALLEYGUTTERC/SWSEAWALLSEA WALL TOBE RAISED TOELEV=5.125.125.125.125.125.125.125.125.125.005.104.905.104.905.005.006.664.304.304.504.507.245.164.58TW 5.50BW 4.72TW 5.50BW 3.60TW 5.50BW 4.47TW 5.20%:5.005.005.105.005.204.906.006.006.206.205.206.206.206.207.436.206.206.104.605.706.205.004.804.004.704.905.904.504STORMWATER VAULT(BY OTHERS)RETAINING WALL(BY OTHERS)TIE INTO VAULT@EL=2.0. PROVIDE4'X4' CONC PAD52 LF 15"HDPE@0.15%123102 LF 15"HDPE@0.15%52 LF 15"HDPE@0.15%55 LF 12"HDPE12" HDPE OUTFALL PIPE W/SKIMMER (SEE DETAIL)US INV= 2.55DS INV= 1.75FLOATINGTURBIDITYBARRIER56EXIST 12" VCPTO BE REMOVEDEXIST OUTFALL TOBE GROUTED54 LF 15"RCP@0.22%TIE INTO EXISTINLET @ EL=1.45RELOCATE EXISTINLET. PLUG EASTINVERT. N=1.60REMOVE EXIST 12"VCP PIPE117 LF 15"RCP@0.15%7888 LF 15"RCP@0.15%RETAINING WALL(BY OTHERS)TW 5.50BW 5.12TW 5.50BW 5.00CORE BORE EXISTSEAWALL INV= 1.14FLOATINGTURBIDITYBARRIERSILT FENCE ALONGPROPERTY LINE(TYP)5.255.255.355.35MANHOLEACCESS (TYP)6.006.00BOARDWALK BOARDWALK 6.306.206.20MMM15.47 15.50PRIOR TO THE ISSUANCE OF ANY PERMITS, EXCEPT FOR CLEARING AND GUBBING, DEMOLITION ORTHE PROVISION OF FILL, ALL SUB-STANDARD SIDEWALKS AND SIDEWALK RAMPS ADJACENT TO OR APART OF THE PROJECT SHALL BE IMPROVED TO MEET THE REQUIREMENTS OF LOCAL, STATEAND/OR FEDERAL STANDARDS INCLUDING ADA REQUIREMENTS (TRUNCATED DOMES PER FDOTINDEX #304)THE MINIMUM VERTICAL HEIGHT CLEARANCE FOR COVERED PARKING SHALL BE A MINIMUM OF 8' 2"FROM THE GROUND TO THE LOWEST OVERHANGING STRUCTURE I.E. CONDUITS, BEAMS, LIGHTFIXTURES, PIPES AND ANY OTHER STRUCTURES FOR ADA PARKING COMPLIANCE.THE CLEAR HEIGHT OF EACH FLOOR LEVEL IN VEHICLE AND PEDESTRIAN TRAFFIC AREAS SHALLNOT BE LESS THAN 7 FEET (2134 mm). VEHICLE AND PEDESTRIAN AREAS ACCOMMODATINGVAN-ACCESSIBLE PARKING SHALL BE IN ACCORDANCE WITH CHAPTER 11.NOTES FOR DRIVEWAYS AND SIDEWALKS IN PUBLIC R.O.W.A.ANY NEW CONCRETE DRIVEWAY APRON(S) CONSTRUCTED WITHIN THE RIGHT-OF-WAY SHALLBE A MINIMUM 6" THICK FIBROUS CONCRETE, A MINIMUM 3000 PSI WITH 6"X6"/10 X 10 WELDEDWIRE FABRIC, AND 3' TRANSITION PER CITY OF CLEARWATER ENGINEERING CONSTRUCTIONSTANDARDS INDEX #103, PAGE 2/2.B.SIDEWALK PORTION PASSING THROUGH DRIVEWAY(S) SHALL BE 6" THICK, 3000 PSI FIBER MESH REINFORCED CONCRETE WITH 6"X6"/10 X 10 WELDED WIRE FABRIC PER CITY OF CLEARWATER ENGINEERING CONSTRUCTION STANDARDS INDEX #109, PAGE 1/5.C.SIDEWALKS TO BE CONSTRCUTED WITHIN THREE (3) DAYS AFTER REMOVAL AND SAFE PEDESTRIAN TRAFFIC IS TO BE MAINTAINED AT ALL TIMES. WHEN EXISTING SIDEWALK IS TO BEREMOVED, IT IS TO BE REMOVED TO THE NEAREST EXPANSION JOINT.D.ANY CURB REMOVED OR DAMAGED SHALL BE REPLACED TO MATCH EXISTING CURB.E.ALL WORK WITHIN THE RIGHT-OF-WAY MUST MEET CITY STANDARDS.STRUCTURE NUMBERTYPEGRATENSEWNENWSESW1FDOT TYPE C*5.702.07------2.072FDOT TYPE C*5.702.22------2.223FDOT TYPE C*5.70----2.30-2.30-4FDOT TYPE C4.50------2.43-5GRATE IN VAULT4.90--------6RELOCATED3.88----1.60---(EXIST)7EXISTING3.881.451.45-1.70----8MANHOLE-1.271.27-----9GRATE IN VAULT5.25--------* DENOTES TRAFFIC-BEARING, H-20 MINIMUMSTORM STRUCTURE CHART SSDFDCSMHTOP EL=4.02N IE=1.17G.I.TOP EL=3.57BOTTOM = 1.45CURB INLETTOP EL = 3.32NW I.E. = 1.63, 12X18 ERCPW I.E. = 1.59, 6" PVCSHELL PATHASPHALT PARKINGMASONRYWALLMASONRY WALLC/SW 2' VALLEYGUTTERDDCVA4.90117 LF 15"RCP@0.15%5.255.2595.355.355.705.946.186.426.006.246.606.406.006.246.6012" HDPE OUTFALL PIPE W/SKIMMER (SEE DETAIL)US INV= 1.70DS INV= 1.50MANHOLE ACCESS(TYP)STORMWATER VAULT(BY OTHERS)24.00 PILING(TYP. OF 5)ADJACENT BUILDINGFFE = 5.21'SSSDCOCOCOCOCOCOCOCOFDCGSMHTOP EL=4.02N IE=1.17G.I.TOP EL=3.88W I.E. = 1.70, 12" CLAYS I.E. = 1.45, 10" CLAYG.I.TOP EL=3.57BOTTOM = 1.45G.I.TOP EL=4.10BOTTOM = 1.8212" CLAYI.E. = 0.03G.I.TOP EL=3.88N I.E. = 1.56, 10" CLAYE I.E. = 1.60, 12" CLAYCURB INLETTOP EL = 3.32NW I.E. = 1.63, 12X18 ERCPW I.E. = 1.59, 6" PVCUTILITYVAULTC/S WITHBOLLARDS2' VALLEYGUTTERC/SWSHELL PATHASPHALT PARKINGMASONRYWALLMASONRY WALLC/SW 2' VALLEYGUTTERDDCVASEAWALLAPPROX LOCATION EXIST16" WATER MAIN16"X6" WET TAP6" GATE VALVE6" DCDA4" METER & DCVA5 LF 4" PVC WATER MAINPROP FH6 LF 6" C-900 FIRE MAIN16"X4" WET TAP4" GATE VALVE25 LF 6" DIPWATER MAIN16"X6" WET TAP6" GATE VALVEPROP FDC11 LF 4" C-900SEE MECH PLANSFOR CONT.25 LF 6" DIPWATER MAIN25 LF 4" DIPWATER MAINTIE INTO EXISTSVC CONN.FIELD VERIFYINVERT20 LF 6" PVC SS @1%10'X10' UTILITY EASEMENT(BY OTHERS)APPROX LOCATION EXIST12" DIP RECL. WATER MAIN12"X1" WET TAP1" GATE VALVE1" RECL. WATERMETERSEE LANDSCAPEPLAN FOR CONT.APPROX LOCATION EXIST4" WATER MAIN1" IRR. METER4"X1" WET TAP1" GATE VALVE5 LF 1" PVC WATER MAINPROP. WATER & FIRELINE FOR DOCKFACILITY, DETAILS, SIZE& SPECIFIATIONS BYOTHERS (TYP OF 2)STANDPIPE (TYP OF 2)BOARDWALK BOARDWALK MMMMMMMM15.50 24.00 15.5024.00NOTE: ALL PROPOSED UTILITIES FROM THERIGHT-OF-WAY TO THE PROPOSED BUILDINGSHALL BE PLACED UNDERGROUJND. ALL UNDERGROUND FIRE PROTECTION SYSTEMS SHOWN HEREON FORREFERENCE ONLY. ALL FIRE PROTECTION UNDERGROUND FIRE LINES SHALL BEINSTALLED PER NFPA-24 2013 EDITION BY A LICENSED CLASS 1, 2 OR 5 FIREPROTECTION SYSTEM CONTRACTOR WITH SEPARATE PERMIT AND PLANS.THE CITY OF CLEARWATER HAS A TRENCHING ORDINANCE WHICH STATES THATIF ANY TRENCH WORK 5 FEET OR GREATER IS TO BE CONDUCTED, A SEPARATETRENCH DIGGING PERMIT MUST BE APPLIED FOR THROUGH THE BUILDINGDEPARTMENT AND SUBMITTED FOR PLAN REVIEW. CONTRACTOR SHALL APPLYFOR SAID PERMIT FOR ALL WORK TO BE PERFORMED PURSUANT TO THETRENCH SAFETY ACT.PRIOR TO THE ISSUANCE OF ANY PERMITS FOR CONSTRUCTION EXCEPT FORCLEARING AND GRUBBING, DEMOLITION OR THE PROVISION OF FILL, ADJACENTABOVEGROUND UTILITIES SHALL BE PLACED UNDERGROUND UNLESSUNDERGROUNDING IS SHOWN TO BE IMPRACTICAL PURSUANT TO CDC SECTION3-912. ARCHITECT, ENGINEERS & CONSULTANTS VICINITY MAP LOCATION MAP NEW CONSTRUCTION DESCRIPTION OF WORK BUILDING DATA THESE DOCUMENTS ARE FOR THE CONSTRUCTION OF A NEW (8) STORY, NO MORE THAN 80'-0" AS MEASURED FROM DESIGN FLOOD ELEVATION THAT INCLUDES (1) LEVELS OF GROUND LEVEL UP PARKING FREE-STANDING BUILDING LOCATED IN THE CITY OF CLEARWATER BEACH IN THE MARINA DISTRICT. THE PROPOSED USE WILL BE A TYPE R-1 HOTEL (TRANSIENT) WITH (7) LEVELS TOTALING (91) UNITS ABOVE THE (1) LEVEL OF PARKING. A LOBBY WILL BE LOCATED IN THE LEVEL 2. THE BUILDING WILL ALSO INCLUDE A GROUND LEVEL POOL AND SUN DECK AND A LEVEL 2 BAR, KITCHEN AND LOUNGE WITH OUTDOOR TERRACE SEATING. THE BUILDINGS WILL BE CONSTRUCTED OF POURED CONCRETE FLOORS AND COLUMNS WITH EXTERIOR WALLS OF MASONRY WITH STUCCO AND COMPOSITE PANEL FINISHES. A MARINA, WILL BE ASSOCIATED WITH THIS PROPORTY INCLUDING (50) BOAT SLIPS. THE CONSTRUCTION OF ALL ASPECTS OF THE BUILDING WILL CONFORM TO ALL CITY, COUNTY, STATE AND FEDERAL REGULATIONS AS REQUIRED. ALL WORK, AS CONTEMPLATED, WILL BE EXECUTED WITHIN THE APPLICABLE F.B.C. 2020 7TH EDITION AND FEMA GUIDELINES. ARCHITECTURE BRPH 2420 S. LAKEMONT AVENUE, SUITE 300 ORLANDO, FLORIDA 32814 P: (407) 228-1022; F: (407) 662-1958 JOSE G. BENITEZ jbenitez@brph.com WWW.BRPH.COM MEP AND FIRE PROTECTION ENGINEERS GRINER ENGINEERING, INC 3125 5TH AVENUE NORTH, SUITE 300 ST. PETERSBURG, FL 33713 TEL. (727) 822-2335 LIFE SAFETY CONSULTANT JENSEN-HUGHES 725 PRIMERA BOULEVARD, SUITE 215 LAKE MARY, FL 32746 TEL. (407) 647-373 CIVIL CONSULTANT MONTECKI & ASSOCIATES 5032 CHANCELLOR ST NE, ST. PETERSBURG, FL 33624 TEL. (727) 525-7674 CITY COUNCIL SUBMITTAL 10.14.2021 NOT TO SCALE NOT TO SCALE STRUCTURAL B&W STRUCTURAL 105 S. ALBANY AVE. TAMPA, FLORIDA 33606 TEL. (813) 374-2459, (941) 266-8465 A. SURVEY PARCEL ID B. OCCUPANCY TYPE C. CONSTRUCTION TYPE D. RISK CATEGORY E. AUTOMATIC SPRINKLER F. FIRE ALARM G. TOTAL A/C AREA: • GROUND FLOOR A/C AREA: • SECOND FLOOR A/C AREA: • THIRD FLOOR A/C AREA: • FOURTH FLOOR A/C AREA: • FIFTH FLOOR A/C AREA: • SIXTH FLOOR A/C AREA: • SEVEN FLOOR A/C AREA: • EIGHTH FLOOR A/C AREA: H. BUILDING HEIGHT DESIGN FLOOD ELEVATION LOT 9, BLOCK B AND LOT 10 BLOCK B, LOT 6-7-8-9-10-11-12 BLOCK C R-1 HOTEL (TYPE I-B ) II YES, SPRINKLER YES 111,088 GSF 2,180 GSF 15,070 GSF 15,869 GSF 15,869 GSF 15,869 GSF 15,869 GSF 15,869 GSF 14,493 GSF 80' ABOVE DESIGN FLOOD ELEVATION, 7 - STORIES ABV. PARKING "AE" ELE. 11' - 0" + 2' - 0" FREEBOARD = 13' 0" THIS DOCUMENT SUPERSEDES PREVIOUSLY APPROVED FLD2020-05012 FOR THE PROPERTY LOCATED AT 411 EAST SHORE DRIVE, CLEARWATER FLORIDA 33767 LAST SUBMITTED ON OCTOBER 30, 2019. WINDS (WINDS APPLIED PER ASCE 7-10, BUILDINGS OF ALL HEIGHTS ANALYTICAL METHOD) A. BASIC WIND SPEED B. BUILDING RISK CATEGORY C. WIND EXPOSURE D. APPLICABLE INTERNAL PRESSURE COEFFICIENT 150 MPH II C +/- .18 (ENCLOSED) LANDSCAPE CONSULTANT STURCH DESIGN GROUP 11411 CYPRESS PARK STREET, TAMPA, FL 33624 TEL. (813) 610-4525 MARINA CONSULTANT WOODS CONSULTING BRAEMOOR PLAZA, 1714 COUNTY RD 1, DUNEDIN, FL 34698 TEL. (727) 786-5747 MANDALAY CHANNELEAST SHORE DR.POINSETTA AVE.CAUSEWAY BLVD. PROJECT LOCATION MANDALAY CHANNEL CLEARWATER BAY GULF OF MEXICO LOCATION AREA Architects Engineers, Inc. www.brph.com Copyright © 2021 2420 S. Lakemont Avenue | Suite 300 Orlando | Florida | 32814 T 407-896-9301 | F 407-896-9304 FL Architectural Business Qualifier #AR97680 Board of Professional Engineers License #1439 These plans are protected by Federal Copyright protection. Unauthorized use may result in an infringement action. Offices in Melbourne, Orlando, Boca Raton, Atlanta, Lynnwood, Charleston and Huntsville DOCUMENT HISTORY DRAWING NO. TITLE PROJECT NUMBER DRAWN BY DESIGNED BY ARCH/ENGR OF RECORD DATE NOT FOR CONSTRUCTION 54321 6 A B C D E 30x42 - 12/16/20 copyright 2021C:\Users\jjqiu\Documents\Harbor ViewCondo-Hotel_May_2021_jjqiu.rvt10/12/2021 3:11:42 PMHARBORVIEW HOTELDesigner Author 411 EAST SHORE DRIVE, CLEARWATER, FLORIDA 33767C08345.001.00 G-001 10/14/2021 COVER SHEET JOSE G. BENITEZ MIER AR95894 411 EAST SHORE DRIVE, CLEARWATER, FLORIDA 33767 HARBORVIEW HOTEL ARCHITECTURAL DRAWING INDEX A-101 OVERALL SITE PLAN ■ A-111 ENLARGED SITE PLAN, WEST ■ A-112 ENLARGED SITE PLAN, EAST ■ A-120 LEVEL 2 FLOOR PLAN ■ A-130 TYP. FLOOR PLAN ■ A-180 FLOOR PLAN - LEVEL 8 ■ A-201 EXTERIOR ELEVATIONS ■ A-202 EXTERIOR ELEVATIONS ■ A-203 COLOR EXTERIOR ELEVATIONS ■ A-204 COLOR EXTERIOR ELEVATIONS ■ A-401 ENLARGED UNIT PLAN ■ A-402 ENLARGED UNIT PLAN ■ A-403 ENLARGED UNIT PLAN ■ A-901 EXTERIOR RENDERING ■ A-902 EXTERIOR RENDERING ■ A-903 EXTERIOR RENDERING ■ A-904 EXTERIOR RENDERING ■ A-910 BUILDING MASSING STUDY ■ A-911 BUILDING MASSING STUDY ■ A-912 BUILDING MASSING STUDY ■ A-913 BUILDING MASSING STUDY ■ VP38VP37VP36VP35VP34VP33VP16VP17VP13VP14VP15VP18VP1VP2VP3VP7VP8VP4VP5VP6VP9VP26VP27VP25VP24VP23VP28VP12VP22VP32HC65HC67HC63HC64VP42VP43VP40VP41VP39VP62VP85VP86VP87VP88VP89VP90VP91VP92VP93VP94VP95VP96VP97VP98VP99VP100VP101VP107VP105VP102VP103VP75VP79VP81VP80VP82VP84VP73VP74VP76VP57VP59VP61VP56VP58VP60VP49VP53VP55VP50VP52VP54VP47VP44VP45VP46HC66VP83VP106VP104VP108VP109VP71VP69VP70VP72VP68VP48VP51VP77VP78RM3RM4RM2RM1VP21VP31VP11VP10VP20VP19VP30VP29UP UP UP UP BOARDWALKBOARDWALKACCESS TO BOARDWALK DNRAMPBUILDING ABOVE BUILDING SETBACK A-112 A5 A-111 A5 160' - 3"PARKING SETBACK5' - 0"5' - 0"10' - 8"M1 M2 M3 M4 M5 M6 M7 M8 H1 H2 H3 H4 H9 H8 H7 H5 H6 H11 H10H13 H12H15 H14H17 H16H18 H26 H27H24 H25H22 H23H20 H21H19 H28 H29 H30 H31 H35 H34H37 H36H39 H38H41 H40H42 H33 H32 SITE DATA TABLE CATEGORY REQUIRED ZONING TOURIST DISTRICT (T) RESORT FACILITIES HIGH (RFH)LAND USE DISTRICT ALTERNATE SETBACK RULES 0 FT. 18 FT. 20 FT. (25% OF THE BUILDING HEIGHT, 80 FT X 25% = 20 FT) SETBACKS D.F.E. ZONE "AE" (ELEV. 11.0') + 2'-0" OF FREEBOARD (13'-0") FINISHED FLOOR ELEVATION 13' - 0" D.F.E. (11' - 0" BFE + 2'-0" OF FREEBOARD) SITE AREA (BOTH SIDES) DENSITY 50 UNITS/ACRE (55 UNITS FOR 1.115 ACRES) BUILDING FOOTPRINT/COVERAGE BUILDING HEIGHT/ FLOORS 80 FT MAX. (ABOVE B.F.E. 11'-0" N.A.V.D +2'-0" FREEBOARD) 3.0 MAX. 145,660.73 SFFLOOR AREA RATIO (FAR) TOTALOF 113 PARKING SPACES MARINA: 1 PARKING SPACE/ 2 BOAT SLIP, 8 PUBLIC BOAT SLIPS = 4 SPACES MIN. HOTEL: 1.2 PARKING SPACE / UNIT, 91 UNITS = 109 PARKING SPACES MIN. 5 HANDICAP PARKING SPACES MIN. PARKING SPACES EXISTING LOT #1 UPLAND (ACROSS EAST BAY SHORE) LOT #2 UPLAND 11,499.22 SF 37,054.36 SF TOTAL UPLAND LOT #1 + LOT #2 48,553.58 SF 0.26 ACRES 0.85 ACRES 1.115 ACRES SUBMERGED AREA 51,023.62 SF 1.17 ACRES ZONE "AE" (ELEV. 11.0') + 2'-0" OF FREEBOARD (13'-0") RESORT FACILITIES HIGH (RFH) TOURIST DISTRICT (T) LOT #1 UPLAND (ACROSS EAST BAY SHORE) LOT #2 UPLAND 11,499.22 SF 37,054.36 SF TOTAL UPLAND LOT #1 + LOT #2 48,553.58 SF 0.26 ACRES 0.85 ACRES 1.115 ACRES SUBMERGED AREA 51,023.62 SF 1.17 ACRES BLDG. FRONT: BLDG. REAR: BLDG. NORTH SIDE: BLDG. SOUTH SIDE: 5 FT. 18 FT. 30 FT. 20 FT. PROPOSED RESORT FACILITIES HIGH (RFH) TOURIST DISTRICT (T) ZONE "AE" (ELEV. 11.0') + 2'-0" OF FREEBOARD (13'-0") 16'- 2" ELEV. OF FIRST HABITABLE FLOOR ABOVE GRADE 3'- 2" ELEV. OF FIRST HABITABLE FLOOR ABOVE D.F.E. 91 UNITS = 55 DENSITY / 8 RESERVE UNITS / 28 T.D.R. 18,032 SF 72' 8" (HIGHEST OCCUPIED FLOOR FROM GRADE) 80' (ABOVE D.F.E.) 8 FLOORS = 1 FLOOR (PARKING) + 7 HABITABLE FLOORS TOTAL OF 113 PARKING SPACES PROVIDED MARINA: 4 REGULAR PARKING SPACES (M1 - M4) HOTEL: 104 VALET PARKING SPACES, 5 ADA PARKING SPACES BICYCLE PARKING 1 PARKED BIKE PER 10 VEHICLE PARKING SPACES = 113/10 = 12 12 2.29 111,088 SF IMPERVIOUS SURFACE RATIO (ISR) 0.95 MAX. 46,125.90 SF 0.78 36,274 SF LOT #2 (EAST) LOT #1 (WEST) 20 FT. (25% OF THE BUILDING HEIGHT, 80 FT X 25% = 20 FT) 5 FT. (ALL PAVED SURFACES) 15 FT. 10 FT. 10 FT. 10 FT. LOT #2 (EAST) LOT #1 (WEST) OTHER: 5 FT. 10 FT. 10 FT. 10 FT. 5 FT. (ALL PAVED SURFACES) ALTERNATE SETBACK RULES LOT #2 (EAST) LOT #1 (WEST) N/A (SURFACE PARKING)50 FT MAX. (ABOVE B.F.E. 11'-0" N.A.V.D +2'-0" FREEBOARD) LOT #2 (EAST) LOT #1 (WEST) LOT #1 UPLAND (ACROSS EAST BAY SHORE) LOT #2 UPLAND 11,499.22 SF 37,054.36 SF TOTAL UPLAND LOT #1 + LOT #2 48,553.58 SF 0.26 ACRES 0.85 ACRES 1.115 ACRES SUBMERGED AREA 51,023.62 SF 1.17 ACRES BLDG. FRONT: BLDG. REAR: BLDG. NORTH SIDE: BLDG. SOUTH SIDE: OTHER: SITE LEGEND M# MARINA SLIPS H# HOTEL SLIPS Architects Engineers, Inc. www.brph.com Copyright © 2021 2420 S. Lakemont Avenue | Suite 300 Orlando | Florida | 32814 T 407-896-9301 | F 407-896-9304 FL Architectural Business Qualifier #AR97680 Board of Professional Engineers License #1439 These plans are protected by Federal Copyright protection. Unauthorized use may result in an infringement action. Offices in Melbourne, Orlando, Boca Raton, Atlanta, Lynnwood, Charleston and Huntsville DOCUMENT HISTORY DRAWING NO. TITLE PROJECT NUMBER DRAWN BY DESIGNED BY ARCH/ENGR OF RECORD DATE NOT FOR CONSTRUCTION 54321 6 A B C D E 30x42 - 12/16/20 copyright 2021C:\Users\jjqiu\Documents\Harbor ViewCondo-Hotel_May_2021_jjqiu.rvt10/12/2021 3:07:44 PMHARBORVIEW HOTELDesigner Author 411 EAST SHORE DRIVE, CLEARWATER, FLORIDA 33767C08345.001.00 A-101 10/14/2021 OVERALL SITE PLAN JOSE G. BENITEZ MIER AR95894 1/16" = 1'-0"A1 LEVEL 1 OVERALL PLAN TRUE NORTH 0 8'16'32'48' 1/16" = 1'-0" VP 38 VP 37 VP 36 VP 35 VP 34 VP 33 VP16 VP17 VP13 VP14 VP15 VP18 VP1 VP2 VP3 VP7 VP8 VP4 VP5 VP6 VP9 VP 26 VP 27 VP 25 VP 24 VP 23 VP 28 VP12 VP 22 VP 32 R M3 R M4 RM2 RM1 VP 21 VP 31 VP11 VP10 VP 20 VP 19 VP 30 VP 29 POINSETTIA STREET NEW 10' CONCRETE SIDEWALK NEW 5' VINYL FENCE NEW CONCRETE DRIVEWAY APRON CONSTRUCTED WITHIN THE RIGHT- OF-WAY SHALL BE A MINIMUM 6" THICK FIBROUS CONCRETE & 3,000 PSI MIN. W/ 6"x6" / 10/10 WELDED WIRE FABRIC CLEAR SIGHT TRIANGLE CLEAR SIGHT TRIANGLE20' - 0" TYP.NEW 10' CONCRETE SIDEWALK 20' - 0" TYP. NEW PASSING TROUGH DRIVEWAY, REFER TO CIVIL NEW TRUNCATED WARNING DOMES ON EACH SIDE OF NEW DRIVEWAY PEDESTRIAN CROSSWALK SIGN W/ RECTANGULAR FLASHING BEACONS NEW PASSING TROUGH DRIVEWAY, REFER TO CIVIL PEDESTRIAN CROSSWALK SIGN W/ RECTANGULAR FLASHING BEACONS PROPERTY LINE 6'-4" PROPOSED DRAINAGE EASEMENT EAST SHORE DRIVE REQ. SETBACK 5' - 0" NO PAVED SURFACE PROPOSED SETBACK 6' - 4" NO PAVED SURFACE NEW 5' VINYL FENCE PROPOSED & REQ. SETBACK 5' - 0" NO PAVED SURFACE 1' - 0"10' - 0"PROPOSED & REQ. SETBACK5' - 0" NO PAVED SURFACE10' - 0"5' - 0"16' - 0"16' - 0"24' - 0"16' - 0"16' - 0" 1' - 4 1/4" 5' - 0" 88' - 0"103' - 0"3' - 8 1/8"94' - 6"4' - 11 1/4"PROPOSED & REQ. SETBACK5' - 0" NO PAVED SURFACE8' - 6" TYP.FROM CURB22' - 6"16' - 0" TYP. PROPERTY LINE9' - 0"9' - 0"18' - 0" 18' - 0"9' - 0"9' - 0"14' - 0"24' - 0"14' - 0" 1. ALL UTILITIES INCLUDING INDIVIDUAL DISTRIBUTION LINES SHALL BE INSTALLED UNDERGROUND UNLESS SUCH UNDERGROUNDING IS NOT PRACTICABLE. 2. IMPROVEMENTS TO THE SIDEWALK INCLUDING BRICK BANDING, CURB REPLACEMENT AND OTHER DETAILS AS APPLICABLE, BE CONSISTENT WITH BEACH BY DESIGN STANDARDS & THE SATISFACTION OF CITYSTAFF. 3. ALL LIGHTING TO BE PROPERLY "TURTLE" SHIELDED IN COMPLIANCE WITH LOCAL, STATE, AND FEDERAL STATUTES PER SECTION 110-506 - LIGHTING IN BEACH AREA. 4. ALL ELECTRICAL CONDUITS, PIPES, OR OTHER FEATURES THAT COULD BE SUBJECT TO IMPACT FROM VEHICULAR TRAFFIC SHALL BE PROTECTED FROM IMPACT DAMAGE WITH PIPE GUARDS OR SIMILAR MEASURES. 5. ALL LIGHTS TO BE LED TECHNOLOGY. 6. LIGHTING LEVELS IN PARKING LOT SHALL MEET OR EXCEED THE CURRENT MINIMUM ILLUMINATING ENGINEERING SOCIETY (EIS) STANDARDS GENERAL NOTES:PARKING LEGEND VALET PARKING SPACE #HANDICAP PARKING SPACE 8' - 6" TYP.16' - 0" TYP.5' - 0"12' - 0" TYP.19' - 0" TYP.M# REGULAR PARKING SPACE FOR MARINA 9' - 0" TYP.18' - 0" TYP.R HC # VP Architects Engineers, Inc. www.brph.com Copyright © 2021 2420 S. Lakemont Avenue | Suite 300 Orlando | Florida | 32814 T 407-896-9301 | F 407-896-9304 FL Architectural Business Qualifier #AR97680 Board of Professional Engineers License #1439 These plans are protected by Federal Copyright protection. Unauthorized use may result in an infringement action. Offices in Melbourne, Orlando, Boca Raton, Atlanta, Lynnwood, Charleston and Huntsville DOCUMENT HISTORY DRAWING NO. TITLE PROJECT NUMBER DRAWN BY DESIGNED BY ARCH/ENGR OF RECORD DATE NOT FOR CONSTRUCTION 54321 6 A B C D E 30x42 - 12/16/20 copyright 2021C:\Users\jjqiu\Documents\Harbor ViewCondo-Hotel_May_2021_jjqiu.rvt10/12/2021 3:07:46 PMHARBORVIEW HOTELDesigner Author 411 EAST SHORE DRIVE, CLEARWATER, FLORIDA 33767C08345.001.00 A-111 10/14/2021 ENLARGED SITE PLAN, WEST JOSE G. BENITEZ MIER AR95894 1" = 10'-0"A5 ENLARGED PLAN, LEVEL 1, WEST N 0 5'10'20'30' 1" = 10' HC65HC67HC63HC64VP42 VP43 VP40 VP41 VP39 VP 62 VP 85 VP 86 VP 87 VP 88 VP 89 VP 90 VP 91 VP 92 VP 93 VP 94 VP 95 VP 96 VP 97 VP 98 VP 99 VP 100 VP 101 VP 107VP105 VP 102 VP 103 VP 75 VP 79 VP 81 VP 80 VP 82 VP 84 VP 73 VP 74 VP 76 VP 57 VP 59 VP 61 VP 56 VP 58 VP 60 VP 49 VP 53 VP 55 VP 50 VP 52 VP 54 VP 47 VP 44 VP 45 VP 46 HC66VP 83 VP 106 VP 104 VP 108 VP 109 VP 71VP69VP70 VP 72VP68 VP 48 VP 51 VP 77 VP 78 UP UP UP UP 142 SF LOBBY 564 SF LOBBY 59 SF MECH STAIR BOARDWALK BOARDWALK ELEV. ELEV. STAIR 1185 SF POOL 186 SF POOL EQUIP. 342 SF SPLASH PAD FIRE PIT CABANAS DN R A M P BUILDING ABOVE CABANAS SHADE ABOVE NEW PASSING TROUGH DRIVEWAY, REFER TO CIVIL PEDESTRIAN CROSSWALK SIGN W/ RECTANGULAR FLASHING BEACONS EAST SHORE DRIVE NEW TRUNCATED WARNING DOMES ON EACH SIDE OF NEW DRIVEWAY PEDESTRIAN CROSSWALK SIGN W/ RECTANGULAR FLASHING BEACONS NEW TRUNCATED WARNING DOMES ON EACH SIDE OF NEW DRIVEWAY NEW STAMPED BRICK PAVERS PASSING TROUGH DRIVEWAY CONSTRUCTED WITH A 6" THICK 3,000 PSI FIBER MESH REINFORCED CONCRETE W/ 6"x6" / 10/10 WELDED WIRE FABRIC NEW 10'-0" CONCRETE SIDEWALK 4" THICK CONCRETE 2,500 PSI W/ FIBERMESH (BOARDWALK ACCESS) CLEAR SIGHT TRIANGLE CLEAR SIGHT TRIANGLE NEW TRUNCATED WARNING DOMES ON EACH SIDE OF NEW DRIVEWAY CLEAR SIGHT TRIANGLE 20' - 0" TYP.CLEAR SIGHT TRIANGLE20' - 0" TYP.CLEAR SIGHT TRIANGLE20' - 0"CLEAR SIGHT TRIANGLE 20' - 0" NEW 5'-0" FENCE P O O L D E CK 20' - 0" TYP. ADA ACCESS TO BOARDWALK PLANTER PLANTER PLANTER NEW CONCRETE DRIVEWAY APRON CONSTRUCTED WITHIN THE RIGHT- OF-WAY SHALL BE A MINIMUM 6" THICK FIBROUS CONCRETE & 3,000 PSI MIN. W/ 6"x6" / 10/10 WELDED WIRE FABRIC PROPERTY LINE PROPERTY LINE PROPERTY LINE REQ. BLDG. SETBACK15' - 0" (CURB)NEW BICYCLE RACKS (6) NEW TRUNCATED WARNING DOMES ON EACH SIDE OF NEW DRIVEWAY NEW PASSING TROUGH DRIVEWAY, REFER TO CIVIL CLEAR SIGHT TRIANGLE CLEAR SIGHT TRIANGLE NEW TRUNCATED WARNING DOMES ON EACH SIDE OF NEW DRIVEWAY 20' (REQ. BLDG. SETBACK) 25' - 0" (PROPOSED)PROPOSED SETBACK5' - 0" BLDG.18' (REQ. BUILDING SETBACK)19' - 2" (PROPOSED)20' (REQ. BLDG. SETBACK) 36' - 9" (PROPOSED)15' - 0"SEA WALL PARKING SURFACE SETBACK5' - 0"SEA WALL SEA WALL PLANTER 15' - 0"5' (REQ. SURFACE PARKING SETBACK) 12' - 0" (PROPOSED) NEW 5' VINYL FENCE CLEAR SIGHT TRIANGLE CLEAR SIGHT TRIANGLE BUILDING FOOTPRINT ABOVE BUILDING FOOTPRINT ABOVE BUILDING FOOTPRINT ABOVE 6'-9" CLEARANCE BELOW STAIR LANDING 15' - 0" 10' - 5"79' - 10"59' - 4"10' - 8" 101' - 0 1/8"19' - 2"136' - 11"23' - 10"201 SF STORAGE 16' - 0"16' - 0"15' - 6"8' - 6"19' - 0"8' - 6" PROPOSED SETBACK 5' - 0" NO PAVED SURFACE 12' - 8"12' - 8"160 SF DUMPSTER15' ((REQ. BLDG. SETBACK FROM CURB)23' - 9 7/8" (PROPOSED)12' - 0"5' - 0"16' - 0"8' - 6" 8' - 6" 16' - 0"8' - 6"15' - 6"16' - 0"47' - 6"8' - 6"REQ. BLDG. SETBACK 20' - 0" REQ. PARKING SETBACK 5' - 0"20' - 0" TYP.5' - 0"5' - 0"24' - 0"8' - 6"15' - 6"15' - 6"8' - 6" 10' - 8"16' - 0"8' - 6" NEW BICYCLE RACKS (6) LOBBY ADMINISTRATION F & B KITCHEN GUESTROOM FITNESS HOTEL SERVICES BUILDING SERVICES VERTICAL CIRCULATION HORIZONTAL CIRCULATION POOL KID AREA PROGRAM LEGEND 1. ALL UTILITIES INCLUDING INDIVIDUAL DISTRIBUTION LINES SHALL BE INSTALLED UNDERGROUND UNLESS SUCH UNDERGROUNDING IS NOT PRACTICABLE. 2. IMPROVEMENTS TO THE SIDEWALK INCLUDING BRICK BANDING, CURB REPLACEMENT AND OTHER DETAILS AS APPLICABLE, BE CONSISTENT WITH BEACH BY DESIGN STANDARDS & THE SATISFACTION OF CITYSTAFF. 3. ALL LIGHTING TO BE PROPERLY "TURTLE" SHIELDED IN COMPLIANCE WITH LOCAL, STATE, AND FEDERAL STATUTES PER SECTION 110-506 - LIGHTING IN BEACH AREA. 4. ALL ELECTRICAL CONDUITS, PIPES, OR OTHER FEATURES THAT COULD BE SUBJECT TO IMPACT FROM VEHICULAR TRAFFIC SHALL BE PROTECTED FROM IMPACT DAMAGE WITH PIPE GUARDS OR SIMILAR MEASURES. 5. ALL LIGHTS TO BE LED TECHNOLOGY. 6. LIGHTING LEVELS IN PARKING LOT SHALL MEET OR EXCEED THE CURRENT MINIMUM ILLUMINATING ENGINEERING SOCIETY (EIS) STANDARDS GENERAL NOTES:PARKING LEGEND VALET PARKING SPACE #HANDICAP PARKING SPACE 8' - 6" TYP.16' - 0" TYP.5' - 0"12' - 0" TYP.19' - 0" TYP.M# REGULAR PARKING SPACE FOR MARINA 9' - 0" TYP.18' - 0" TYP.R HC # VP Architects Engineers, Inc. www.brph.com Copyright © 2021 2420 S. Lakemont Avenue | Suite 300 Orlando | Florida | 32814 T 407-896-9301 | F 407-896-9304 FL Architectural Business Qualifier #AR97680 Board of Professional Engineers License #1439 These plans are protected by Federal Copyright protection. Unauthorized use may result in an infringement action. Offices in Melbourne, Orlando, Boca Raton, Atlanta, Lynnwood, Charleston and Huntsville DOCUMENT HISTORY DRAWING NO. TITLE PROJECT NUMBER DRAWN BY DESIGNED BY ARCH/ENGR OF RECORD DATE NOT FOR CONSTRUCTION 54321 6 A B C D E 30x42 - 12/16/20 copyright 2021C:\Users\jjqiu\Documents\Harbor ViewCondo-Hotel_May_2021_jjqiu.rvt10/12/2021 3:07:48 PMHARBORVIEW HOTELDesigner Author 411 EAST SHORE DRIVE, CLEARWATER, FLORIDA 33767C08345.001.00 A-112 10/14/2021 ENLARGED SITE PLAN, EAST JOSE G. BENITEZ MIER AR95894 1" = 10'-0"A5 ENLARGED SITE PLAN, LEVEL 1, EAST N 0 5'10'20'30' 1" = 10' UP UP UP A1 A-201 C2 A-202 C2 A-201 A1 A-202 534 SF KITCHEN 64 SF WOMEN 60 SF MEN ELEV. ELEV. STAIR STAIR BUILDING ABOVE ELEV. GAME AREA A1 A-203 C2 A-203 C2 A-204 A1 A-204 32' - 5"9' - 5"59' - 2"20' - 8"16' - 0"27' - 8"15' - 8"10' - 8"16' - 3"21' - 7"3' - 0" OPEN TO BELOW 1026 SF STAFFED LOBBY/ CHECK-IN/ CONCIERGE 104 SF FOH OFFICE 39 SF SHAFT 519 SF CIRCULATION 532 SF CIRCULATION 349 SF FITNESS 58 SF R.R. 1284 SF OUTDOOR TERRACE BUILDING ABOVE 308 SF ELETRICAL 1124 SF LOUNGE 139 SF MECH 23 SF STORAGE 232' - 6"8' - 10"12' - 6"31' - 4"12' - 6"7' - 0"72' - 2"32' - 0"28' - 0"15' - 6"14' - 5 1/4"90' - 0"LOBBY ADMINISTRATION F & B KITCHEN GUESTROOM FITNESS HOTEL SERVICES BUILDING SERVICES VERTICAL CIRCULATION HORIZONTAL CIRCULATION POOL KID AREA PROGRAM LEGEND GUESTROOM DISTRIBUTION CHART FLOOR TOTAL PER TYPE 2 3 4 5 6 7 8 2 BEDROOM , TYP 2 QUEEN + 1 KING + 1 SOFA (844 SF) 4 5 5 5 5 5 5 34 (37.4 %) 2 BEDROOM , MODIFY 2 KING + 1 SOFA (860 SF) 1 1 1 1 1 1 1 7 (7.7 %) 3 BEDROOM 2 QUEEN + 2 KING + SOFA BED (1,170 SF) 0 1 1 1 1 1 1 6 (6.6 %) 1 1 1 1 1 1 0 6 (6.6 %) 2 BEDROOM A 2 QUEEN + 1 KING (978 SF) 1 1 1 1 1 1 0 6 (6.6 %) 2 BEDROOM B 2 QUEEN + 1 KING (1,005 SF) 1 1 1 1 1 1 0 6 (6.6 %) 2 BEDROOM C 2 KING + 1 SOFA BED (925 SF) PRESIDENTIAL 1 2 QUEEN + 1 KING + 1 SOFA BED (1,095 SF) 0 0 0 0 0 0 1 1 (1.1 %) PRESIDENTIAL 3 4 QUEEN + 1 KING + 1 SOFA BED (1,389 SF) PRESIDENTIAL 2 2 QUEEN + 1 KING + 1 SOFA BED (1,026 SF) TOTAL KEYS PER FLOOR 10 14 14 14 14 14 11 91 0 1 1 1 1 1 0 5 (5.5 %) 2 BEDROOM D 2 QUEEN + 1 KING + 1 SOFA BED (1,206 SF) 0 0 0 0 0 0 1 1 (1.1 %) 0 0 0 0 0 0 1 1 (1.1 %) 1 BEDROOM SUITE 1 KING + 1 SOFA BED (641 SF) 0 1 1 1 1 1 0 5 (5.5 %) 2 BEDROOM E, 1 QUEEN + 1 KING + 1 SOFA BED (647 SF) 2 2 2 2 2 2 0 12 (13.2%) 4 BEDROOM 4 QUEEN + 1 KING + 1 SOFA BED (1,318 SF) 0 0 0 0 0 0 1 1 (1.1 %) 1/8" = 1'-0"A4 LEVEL 2 FLOOR PLAN Architects Engineers, Inc. www.brph.com Copyright © 2021 2420 S. Lakemont Avenue | Suite 300 Orlando | Florida | 32814 T 407-896-9301 | F 407-896-9304 FL Architectural Business Qualifier #AR97680 Board of Professional Engineers License #1439 These plans are protected by Federal Copyright protection. Unauthorized use may result in an infringement action. Offices in Melbourne, Orlando, Boca Raton, Atlanta, Lynnwood, Charleston and Huntsville DOCUMENT HISTORY DRAWING NO. TITLE PROJECT NUMBER DRAWN BY DESIGNED BY ARCH/ENGR OF RECORD DATE NOT FOR CONSTRUCTION 54321 6 A B C D E 30x42 - 12/16/20 copyright 2021C:\Users\jjqiu\Documents\Harbor ViewCondo-Hotel_May_2021_jjqiu.rvt10/12/2021 3:08:15 PMHARBORVIEW HOTELDesigner Author 411 EAST SHORE DRIVE, CLEARWATER, FLORIDA 33767C08345.001.00 A-120 10/14/2021 LEVEL 2 FLOOR PLAN JOSE G. BENITEZ MIER AR95894 N 0 4'8'16'24' 1/8" = 1'-0" UP UP LOBBY ADMINISTRATION F & B KITCHEN GUESTROOM FITNESS HOTEL SERVICES BUILDING SERVICES VERTICAL CIRCULATION HORIZONTAL CIRCULATION POOL KID AREA PROGRAM LEGEND GUESTROOM DISTRIBUTION CHART FLOOR TOTAL PER TYPE 2 3 4 5 6 7 8 2 BEDROOM , TYP 2 QUEEN + 1 KING + 1 SOFA (844 SF) 4 5 5 5 5 5 5 34 (37.4 %) 2 BEDROOM , MODIFY 2 KING + 1 SOFA (860 SF) 1 1 1 1 1 1 1 7 (7.7 %) 3 BEDROOM 2 QUEEN + 2 KING + SOFA BED (1,170 SF) 0 1 1 1 1 1 1 6 (6.6 %) 1 1 1 1 1 1 0 6 (6.6 %) 2 BEDROOM A 2 QUEEN + 1 KING (978 SF) 1 1 1 1 1 1 0 6 (6.6 %) 2 BEDROOM B 2 QUEEN + 1 KING (1,005 SF) 1 1 1 1 1 1 0 6 (6.6 %) 2 BEDROOM C 2 KING + 1 SOFA BED (925 SF) PRESIDENTIAL 1 2 QUEEN + 1 KING + 1 SOFA BED (1,095 SF) 0 0 0 0 0 0 1 1 (1.1 %) PRESIDENTIAL 3 4 QUEEN + 1 KING + 1 SOFA BED (1,389 SF) PRESIDENTIAL 2 2 QUEEN + 1 KING + 1 SOFA BED (1,026 SF) TOTAL KEYS PER FLOOR 10 14 14 14 14 14 11 91 0 1 1 1 1 1 0 5 (5.5 %) 2 BEDROOM D 2 QUEEN + 1 KING + 1 SOFA BED (1,206 SF) 0 0 0 0 0 0 1 1 (1.1 %) 0 0 0 0 0 0 1 1 (1.1 %) 1 BEDROOM SUITE 1 KING + 1 SOFA BED (641 SF) 0 1 1 1 1 1 0 5 (5.5 %) 2 BEDROOM E, 1 QUEEN + 1 KING + 1 SOFA BED (647 SF) 2 2 2 2 2 2 0 12 (13.2%) 4 BEDROOM 4 QUEEN + 1 KING + 1 SOFA BED (1,318 SF) 0 0 0 0 0 0 1 1 (1.1 %) A1 A-201 C2 A-202 C2 A-201 A1 A-202 66 SF HKG 91 SF MECH/ STOR. 1724 SF CIRCULATION 62 SF ELEV. 62 SF ELEV. 163 SF STAIR 163 SF STAIR A1 A-203 C2 A-203 C2 A-204 A1 A-204 ROOF BELOW 58' - 3"13' - 0"13' - 0"16' - 9"20' - 8"17' - 0"12' - 10"12' - 10"27' - 4"16' - 3"21' - 7"3' - 0" 3' - 9"232' - 6"32' - 0"19' - 5"7' - 0"89' - 8"8' - 10"12' - 6"31' - 4"12' - 6"7' - 0"74' - 8"3' - 6"Architects Engineers, Inc. www.brph.com Copyright © 2021 2420 S. Lakemont Avenue | Suite 300 Orlando | Florida | 32814 T 407-896-9301 | F 407-896-9304 FL Architectural Business Qualifier #AR97680 Board of Professional Engineers License #1439 These plans are protected by Federal Copyright protection. Unauthorized use may result in an infringement action. Offices in Melbourne, Orlando, Boca Raton, Atlanta, Lynnwood, Charleston and Huntsville DOCUMENT HISTORY DRAWING NO. TITLE PROJECT NUMBER DRAWN BY DESIGNED BY ARCH/ENGR OF RECORD DATE NOT FOR CONSTRUCTION 54321 6 A B C D E 30x42 - 12/16/20 copyright 2021C:\Users\jjqiu\Documents\Harbor ViewCondo-Hotel_May_2021_jjqiu.rvt10/12/2021 3:08:20 PMHARBORVIEW HOTELDesigner Author 411 EAST SHORE DRIVE, CLEARWATER, FLORIDA 33767C08345.001.00 A-130 10/14/2021 TYP. FLOOR PLAN JOSE G. BENITEZ MIER AR95894 1/8" = 1'-0"B1 TYPICAL FLOOR PLAN - LEVEL 3 - LEVEL 7 N 0 4'8'16'24' 1/8" = 1'-0" UP A1 A-201 C2 A-202 C2 A-201 A1 A-202 90 SF MECH/ STOR. 66 SF HKG 1666 SF CIRCULATION STAIR STAIR ELEV. A1 A-203 C2 A-203 C2 A-204 A1 A-204 BALCONY BELOW BALCONY BELOW BALCONY BELOW BALCONY BELOW BALCONY BELOW 5' - 1"27' - 4"25' - 10"13' - 0"13' - 0 3/4"16' - 8 1/4"20' - 8"29' - 10"12' - 10"27' - 4"16' - 3"17' - 9"6' - 10"8' - 10"9' - 0"40' - 0 1/4"4' - 3"3' - 0"7' - 0 3/4"74' - 8"7' - 2"43' - 10"20' - 2"3' - 0 3/4"80' - 4 1/4"3' - 6"5' - 2"232' - 6" GUESTROOM DISTRIBUTION CHART FLOOR TOTAL PER TYPE 2 3 4 5 6 7 8 2 BEDROOM , TYP 2 QUEEN + 1 KING + 1 SOFA (844 SF) 4 5 5 5 5 5 5 34 (37.4 %) 2 BEDROOM , MODIFY 2 KING + 1 SOFA (860 SF) 1 1 1 1 1 1 1 7 (7.7 %) 3 BEDROOM 2 QUEEN + 2 KING + SOFA BED (1,170 SF) 0 1 1 1 1 1 1 6 (6.6 %) 1 1 1 1 1 1 0 6 (6.6 %) 2 BEDROOM A 2 QUEEN + 1 KING (978 SF) 1 1 1 1 1 1 0 6 (6.6 %) 2 BEDROOM B 2 QUEEN + 1 KING (1,005 SF) 1 1 1 1 1 1 0 6 (6.6 %) 2 BEDROOM C 2 KING + 1 SOFA BED (925 SF) PRESIDENTIAL 1 2 QUEEN + 1 KING + 1 SOFA BED (1,095 SF) 0 0 0 0 0 0 1 1 (1.1 %) PRESIDENTIAL 3 4 QUEEN + 1 KING + 1 SOFA BED (1,389 SF) PRESIDENTIAL 2 2 QUEEN + 1 KING + 1 SOFA BED (1,026 SF) TOTAL KEYS PER FLOOR 10 14 14 14 14 14 11 91 0 1 1 1 1 1 0 5 (5.5 %) 2 BEDROOM D 2 QUEEN + 1 KING + 1 SOFA BED (1,206 SF) 0 0 0 0 0 0 1 1 (1.1 %) 0 0 0 0 0 0 1 1 (1.1 %) 1 BEDROOM SUITE 1 KING + 1 SOFA BED (641 SF) 0 1 1 1 1 1 0 5 (5.5 %) 2 BEDROOM E, 1 QUEEN + 1 KING + 1 SOFA BED (647 SF) 2 2 2 2 2 2 0 12 (13.2%) 4 BEDROOM 4 QUEEN + 1 KING + 1 SOFA BED (1,318 SF) 0 0 0 0 0 0 1 1 (1.1 %) LOBBY ADMINISTRATION F & B KITCHEN GUESTROOM FITNESS HOTEL SERVICES BUILDING SERVICES VERTICAL CIRCULATION HORIZONTAL CIRCULATION POOL KID AREA PROGRAM LEGEND Architects Engineers, Inc. www.brph.com Copyright © 2021 2420 S. Lakemont Avenue | Suite 300 Orlando | Florida | 32814 T 407-896-9301 | F 407-896-9304 FL Architectural Business Qualifier #AR97680 Board of Professional Engineers License #1439 These plans are protected by Federal Copyright protection. Unauthorized use may result in an infringement action. Offices in Melbourne, Orlando, Boca Raton, Atlanta, Lynnwood, Charleston and Huntsville DOCUMENT HISTORY DRAWING NO. TITLE PROJECT NUMBER DRAWN BY DESIGNED BY ARCH/ENGR OF RECORD DATE NOT FOR CONSTRUCTION 54321 6 A B C D E 30x42 - 12/16/20 copyright 2021C:\Users\jjqiu\Documents\Harbor ViewCondo-Hotel_May_2021_jjqiu.rvt10/12/2021 3:08:25 PMHARBORVIEW HOTELDesigner Author 411 EAST SHORE DRIVE, CLEARWATER, FLORIDA 33767C08345.001.00 A-180 10/14/2021 FLOOR PLAN - LEVEL 8 JOSE G. BENITEZ MIER AR95894 1/8" = 1'-0"B1 FLOOR PLAN - LEVEL 8 N 0 4'8'16'24' 1/8" = 1'-0" A1 A-201 C2 A-202 C2 A-201 A1 A-202 A1 A-203 C2 A-203 C2 A-204 A1 A-204 ELEVATOR OVER RUN ELEVATOR OVER RUN STAIR EXIT 45' - 6 1/2"16' - 4 1/4"26' - 0 3/4"16' - 8 1/4"20' - 8"16' - 0"26' - 8"16' - 8"51' - 6"11' - 7 5/8"9' - 4 1/8"37' - 7 3/8"13' - 8 1/2"7' - 4 1/2"6' - 8"10' - 2"28' - 1"33' - 11"16' - 3 1/2"41' - 1 1/2"15' - 3"236' - 1 3/4"79' - 8"72' - 8"Architects Engineers, Inc. www.brph.com Copyright © 2021 2420 S. Lakemont Avenue | Suite 300 Orlando | Florida | 32814 T 407-896-9301 | F 407-896-9304 FL Architectural Business Qualifier #AR97680 Board of Professional Engineers License #1439 These plans are protected by Federal Copyright protection. Unauthorized use may result in an infringement action. Offices in Melbourne, Orlando, Boca Raton, Atlanta, Lynnwood, Charleston and Huntsville DOCUMENT HISTORY DRAWING NO. TITLE PROJECT NUMBER DRAWN BY DESIGNED BY ARCH/ENGR OF RECORD DATE NOT FOR CONSTRUCTION 54321 6 A B C D E 30x42 - 12/16/20 copyright 2021C:\Users\jjqiu\Documents\Harbor ViewCondo-Hotel_May_2021_jjqiu.rvt10/12/2021 3:08:29 PMHARBORVIEW HOTELDesigner Author 411 EAST SHORE DRIVE, CLEARWATER, FLORIDA 33767C08345.001.00 A-191 05/13/14 ROOF PLAN JOSE G. BENITEZ MIER AR95894 0 4'8'16'24' 1/8" = 1'-0" N 1/8" = 1'-0"A1 ROOF PLAN LEVEL 1 0' -0" LEVEL 2 10' -8" LEVEL 3 22' -8" LEVEL 4 32' -8" LEVEL 5 42' -8" LEVEL 6 52' -8" LEVEL 7 62' -8" LEVEL 8 72' -8" ROOF SURFACE 84' -8" T.O. PARAPET 88' -2" B.F.E. 5' -6" D.F.E. 7' -6"PARAPET3' - 6"FROM D.F.E.77' - 2"7' - 6"(+5.5' N.A.V.D) (+11' N.A.V.D.) (+13' N.A.V.D.)FROM GRADE84' - 8"3' - 2" (FIRST HABITABLE FLOOR)(FIRST HABITABLE FLOOR)ELEV. OVERRUN10' - 0"LEVEL 1 0' -0" LEVEL 2 10' -8" LEVEL 3 22' -8" LEVEL 4 32' -8" LEVEL 5 42' -8" LEVEL 6 52' -8" LEVEL 7 62' -8" LEVEL 8 72' -8" ROOF SURFACE 84' -8" T.O. PARAPET 88' -2" (+5.5' N.A.V.D) (+11' N.A.V.D.) B.F.E. 5' -6" D.F.E. 7' -6"(+13' N.A.V.D.)FROM D.F.E.3' - 2" (FIRST HABITABLE FLOOR)PARAPET3' - 6"FROM D.F.E.77' - 2"FROM GRADE84' - 8"(FIRST HABITABLE FLOOR)ELEV. OVERRUN10' - 0"ELEV. OVERRUN10' - 0"Architects Engineers, Inc. www.brph.com Copyright © 2021 2420 S. Lakemont Avenue | Suite 300 Orlando | Florida | 32814 T 407-896-9301 | F 407-896-9304 FL Architectural Business Qualifier #AR97680 Board of Professional Engineers License #1439 These plans are protected by Federal Copyright protection. Unauthorized use may result in an infringement action. Offices in Melbourne, Orlando, Boca Raton, Atlanta, Lynnwood, Charleston and Huntsville DOCUMENT HISTORY DRAWING NO. TITLE PROJECT NUMBER DRAWN BY DESIGNED BY ARCH/ENGR OF RECORD DATE NOT FOR CONSTRUCTION 54321 6 A B C D E 30x42 - 12/16/20 copyright 2021C:\Users\jjqiu\Documents\Harbor ViewCondo-Hotel_May_2021_jjqiu.rvt10/12/2021 3:08:55 PMHARBORVIEW HOTELDesigner Author 411 EAST SHORE DRIVE, CLEARWATER, FLORIDA 33767C08345.001.00 A-201 10/14/2021 EXTERIOR ELEVATIONS JOSE G. BENITEZ MIER AR95894 0 4'8'16'24' 1/8" = 1'-0"1/8" = 1'-0"A1 EAST ELEVATION 1/8" = 1'-0"C2 NORTH ELEVATION LEVEL 1 0' -0" LEVEL 2 10' -8" LEVEL 3 22' -8" LEVEL 4 32' -8" LEVEL 5 42' -8" LEVEL 6 52' -8" LEVEL 7 62' -8" LEVEL 8 72' -8" ROOF SURFACE 84' -8" T.O. PARAPET 88' -2" B.F.E. 5' -6" D.F.E. 7' -6" (+5.5' N.A.V.D) (+11' N.A.V.D.) (+13' N.A.V.D.)FROM GRADE84' - 8"FROM D.F.E.3' - 2" (FIRST HABITABLE FLOOR)PARAPET3' - 6"FROM D.F.E.77' - 2"7' - 6"(FIRST HABITABLE FLOOR)ELEV. OVERRUN10' - 0"ELEV. OVERRUN10' - 0"LEVEL 1 0' -0" LEVEL 2 10' -8" LEVEL 3 22' -8" LEVEL 4 32' -8" LEVEL 5 42' -8" LEVEL 6 52' -8" LEVEL 7 62' -8" LEVEL 8 72' -8" ROOF SURFACE 84' -8" T.O. PARAPET 88' -2" B.F.E. 5' -6" D.F.E. 7' -6"FROM GRADE84' - 8"FROM D.F.E.3' - 2" (FIRST HABITABLE FLOOR)7' - 6"FROM D.F.E.77' - 2"PARAPET3' - 6"(+5.5' N.A.V.D) (+11' N.A.V.D.) (+13' N.A.V.D.) (FIRST HABITABLE FLOOR)ELEV. OVERRUN10' - 0"Architects Engineers, Inc. www.brph.com Copyright © 2021 2420 S. Lakemont Avenue | Suite 300 Orlando | Florida | 32814 T 407-896-9301 | F 407-896-9304 FL Architectural Business Qualifier #AR97680 Board of Professional Engineers License #1439 These plans are protected by Federal Copyright protection. Unauthorized use may result in an infringement action. Offices in Melbourne, Orlando, Boca Raton, Atlanta, Lynnwood, Charleston and Huntsville DOCUMENT HISTORY DRAWING NO. TITLE PROJECT NUMBER DRAWN BY DESIGNED BY ARCH/ENGR OF RECORD DATE NOT FOR CONSTRUCTION 54321 6 A B C D E 30x42 - 12/16/20 copyright 2021C:\Users\jjqiu\Documents\Harbor ViewCondo-Hotel_May_2021_jjqiu.rvt10/12/2021 3:09:22 PMHARBORVIEW HOTELDesigner Author 411 EAST SHORE DRIVE, CLEARWATER, FLORIDA 33767C08345.001.00 A-202 10/14/2021 EXTERIOR ELEVATIONS JOSE G. BENITEZ MIER AR95894 0 4'8'16'24' 1/8" = 1'-0" 1/8" = 1'-0"C2 SOUTH ELEVATION 1/8" = 1'-0"A1 WEST ELEVATION DIRECT-APPLIED SYNTHETIC STUCCO SYSTEM IMPACT-RATED ALUMINUM STOREFRONT W/ LAMINATED INSULATING GLAZING IMPACT-RATED ALUMINUM CURTAIN WALL W/ LAMINATED INSULATING GLAZING IMPACT-RATED ALUMINUM WINDOW W/ LAMINATED INSULATING GLAZING NOT USED REVEAL ALUMINUM COMPOSITE PANELS, FIRE RESISTANT CORE, BLUE GRAY COMPOSITE WOODEN PANEL GLASS RAILING ALUMINUM COMPOSITE PANELS, FIRE RESISTANT CORE, GRAY NOT USED PERFORATED METAL PANEL, PRINTED GRAPHIC WOOD LOOK METAL SOFFIT DECORATIVED PERFORATED METAL PANEL SCREEN STRUCTURE COLUMN WITH COLUMN SURROUND REMOVABLE FABRIC SHADE CABANA EXTERIOR MATERIAL: 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 07 13 02 040102 01 011102 05 0104 0307 01 08 02 03 01 150702 02 07 13 08 16 17 02 02 1008 02 09 09 10 01 09 06 131415 01 06 01 09 07 0102 13 04 02 02 08 14 01 02 07 09 10 17 Architects Engineers, Inc. www.brph.com Copyright © 2021 2420 S. Lakemont Avenue | Suite 300 Orlando | Florida | 32814 T 407-896-9301 | F 407-896-9304 FL Architectural Business Qualifier #AR97680 Board of Professional Engineers License #1439 These plans are protected by Federal Copyright protection. Unauthorized use may result in an infringement action. Offices in Melbourne, Orlando, Boca Raton, Atlanta, Lynnwood, Charleston and Huntsville DOCUMENT HISTORY DRAWING NO. TITLE PROJECT NUMBER DRAWN BY DESIGNED BY ARCH/ENGR OF RECORD DATE NOT FOR CONSTRUCTION 54321 6 A B C D E 30x42 - 12/16/20 copyright 2021C:\Users\jjqiu\Documents\Harbor ViewCondo-Hotel_May_2021_jjqiu.rvt10/12/2021 3:09:54 PMHARBORVIEW HOTELDesigner Author 411 EAST SHORE DRIVE, CLEARWATER, FLORIDA 33767C08345.001.00 A-203 10/14/2021 COLOR EXTERIOR ELEVATIONS JOSE G. BENITEZ MIER AR95894 1/8" = 1'-0"A1 EAST ELEVATION COLOR 1/8" = 1'-0"C2 NORTH ELEVATION COLOR 0 4'8'16'24' 1/8" = 1'-0" 0104 07 08 02 01 08 02 01 08 05 13 09 07 09 12 DIRECT-APPLIED SYNTHETIC STUCCO SYSTEM IMPACT-RATED ALUMINUM STOREFRONT W/ LAMINATED INSULATING GLAZING IMPACT-RATED ALUMINUM CURTAIN WALL W/ LAMINATED INSULATING GLAZING IMPACT-RATED ALUMINUM WINDOW W/ LAMINATED INSULATING GLAZING NOT USED REVEAL ALUMINUM COMPOSITE PANELS, FIRE RESISTANT CORE, BLUE GRAY COMPOSITE WOODEN PANEL GLASS RAILING ALUMINUM COMPOSITE PANELS, FIRE RESISTANT CORE, GRAY NOT USED PERFORATED METAL PANEL, PRINTED GRAPHIC WOOD LOOK METAL SOFFIT DECORATIVED PERFORATED METAL PANEL SCREEN STRUCTURE COLUMN WITH COLUMN SURROUND REMOVABLE FABRIC SHADE CABANA EXTERIOR MATERIAL: 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 01 04 03 06 07 01 09 08 0407 13 09 01 02 03 04 08 01 04 030101 02 01 02 14 0701 10 03 03 07 13 01 14 14 Architects Engineers, Inc. www.brph.com Copyright © 2021 2420 S. Lakemont Avenue | Suite 300 Orlando | Florida | 32814 T 407-896-9301 | F 407-896-9304 FL Architectural Business Qualifier #AR97680 Board of Professional Engineers License #1439 These plans are protected by Federal Copyright protection. Unauthorized use may result in an infringement action. Offices in Melbourne, Orlando, Boca Raton, Atlanta, Lynnwood, Charleston and Huntsville DOCUMENT HISTORY DRAWING NO. TITLE PROJECT NUMBER DRAWN BY DESIGNED BY ARCH/ENGR OF RECORD DATE NOT FOR CONSTRUCTION 54321 6 A B C D E 30x42 - 12/16/20 copyright 2021C:\Users\jjqiu\Documents\Harbor ViewCondo-Hotel_May_2021_jjqiu.rvt10/12/2021 3:10:25 PMHARBORVIEW HOTELDesigner Author 411 EAST SHORE DRIVE, CLEARWATER, FLORIDA 33767C08345.001.00 A-204 10/14/2021 COLOR EXTERIOR ELEVATIONS JOSE G. BENITEZ MIER AR95894 1/8" = 1'-0"C2 SOUTH ELEVATION COLOR 1/8" = 1'-0"A1 WEST ELEVATION COLOR 0 4'8'16'24' 1/8" = 1'-0" 12' - 8"29' - 7 3/4" 18' - 2 1/4"11' - 5 1/2"9' - 5 1/4"26' - 2"OWNER'S CLOSET 861 SF 2BR MODIFY 104 SF 2BR MODIFY 31' - 4"26' - 11"26' - 11"7"8' - 2"5' - 8"9' - 6"3' - 0"37' - 2" OWNER'S CLOSET 978 SF 2BR A 126 SF 2BR A 16' - 7"7' - 5"13' - 2" 40' - 2"12' - 6"14' - 5"17' - 7"19' - 7" 37' - 2"3' - 0"23' - 11"7"27' - 6"5' - 6 3/4"26' - 11"OWNER'S CLOSET 1005 SF 2BR B 126 SF 2BR B 20' - 0"10' - 0"30' - 0"OWNER'S CLOSET 925 SF 2BR C 320 SF 2BR C 17' - 1"13' - 4" 30' - 5" 19' - 0"21' - 0"11' - 10"18' - 2"7' - 6 3/4"10' - 9"28' - 10"11' - 2" OWNER'S CLOSET OWNER'S CLOSET 1206 SF 2BR D 379 SF 2BR D 40' - 0"30' - 0"14' - 2"15' - 5"13' - 9 3/4"5' - 0"10' - 5"10' - 9"31' - 4"29' - 2 3/4" OWNER'S CLOSET 1723 SF CIRCULATION 841 SF 2BR TYP. 110 SF 2BR TYP. 1/4" = 1'-0"D3 2 BR MODIFY, 2K+1 SOFA 1/4" = 1'-0"B1 2BR A, 2Q+1K 1/4" = 1'-0"B3 2BR B, 2Q+1K 1/4" = 1'-0"B6 2BR C, 2K+1SOFA 1/4" = 1'-0"D6 2BR D, 1K+2Q+1SOFA Architects Engineers, Inc. www.brph.com Copyright © 2021 2420 S. Lakemont Avenue | Suite 300 Orlando | Florida | 32814 T 407-896-9301 | F 407-896-9304 FL Architectural Business Qualifier #AR97680 Board of Professional Engineers License #1439 These plans are protected by Federal Copyright protection. Unauthorized use may result in an infringement action. Offices in Melbourne, Orlando, Boca Raton, Atlanta, Lynnwood, Charleston and Huntsville DOCUMENT HISTORY DRAWING NO. TITLE PROJECT NUMBER DRAWN BY DESIGNED BY ARCH/ENGR OF RECORD DATE NOT FOR CONSTRUCTION 54321 6 A B C D E 30x42 - 12/16/20 copyright 2021C:\Users\jjqiu\Documents\Harbor ViewCondo-Hotel_May_2021_jjqiu.rvt10/12/2021 3:10:57 PMHARBORVIEW HOTELDesigner Author 411 EAST SHORE DRIVE, CLEARWATER, FLORIDA 33767C08345.001.00 A-401 10/14/2021 ENLARGED UNIT PLAN JOSE G. BENITEZ MIER AR95894 0 2'4'8'12' 1/4" = 1'-0" TYPICAL FLOOR KEY PLAN 1/4" = 1'-0"D1 2BR TYPICAL (2Q+1K+1 SOFA) 10' - 0"22' - 10"9' - 6 1/2"10' - 5"32' - 10"32' - 10"19' - 11 1/2" 647 SF 2BR E 102 SF 2BR E 5' - 1"14' - 11"10' - 5" 30' - 5"3' - 5 3/4"6' - 5"10' - 2 1/2"9' - 2 1/4"21' - 2"16' - 7 1/2"10' - 2 1/4"15' - 0 3/4"21' - 8 3/4"1093 SF PRESIDENTIAL1 395 SF PRESIDENTIAL1 17' - 6"16' - 4 3/4" 33' - 10 3/4"10' - 0"14' - 8 1/2"5' - 8 1/2"26' - 2"3' - 0 3/4"24' - 8 1/2"10' - 2 3/4"10' - 0" 1026 SF PRESIDENTIAL2 338 SF PRESIDENTIAL243' - 3 1/4"6' - 0 3/4"49' - 4"8' - 3"12' - 0 1/4"11' - 7"14' - 5"12' - 11"10' - 5"9' - 11 1/4" 33' - 3 1/4" 2' - 6 3/4"33' - 4" PANTRY 1386 SF PRESIDENTIAL3 2' - 1 3/4" 679 SF PRESIDENTIAL316' - 10"9' - 4"10' - 5 1/4"22' - 10"10' - 5"6' - 0 3/4"9' - 5 1/4"26' - 2"49' - 9" 19' - 5 1/4"10' - 0"10' - 10"9' - 5 3/4"17' - 1"OWNER'S CLOSET 1167 SF 3BR 161 SF 3BR 6' - 8 1/4"30' - 4"20' - 5" 10' - 5"10' - 0"14' - 5 1/2"17' - 4 1/2"641 SF 1BR SUITE 118 SF 1BR SUITE Architects Engineers, Inc. www.brph.com Copyright © 2021 2420 S. Lakemont Avenue | Suite 300 Orlando | Florida | 32814 T 407-896-9301 | F 407-896-9304 FL Architectural Business Qualifier #AR97680 Board of Professional Engineers License #1439 These plans are protected by Federal Copyright protection. Unauthorized use may result in an infringement action. Offices in Melbourne, Orlando, Boca Raton, Atlanta, Lynnwood, Charleston and Huntsville DOCUMENT HISTORY DRAWING NO. TITLE PROJECT NUMBER DRAWN BY DESIGNED BY ARCH/ENGR OF RECORD DATE NOT FOR CONSTRUCTION 54321 6 A B C D E 30x42 - 12/16/20 copyright 2021C:\Users\jjqiu\Documents\Harbor ViewCondo-Hotel_May_2021_jjqiu.rvt10/12/2021 3:11:29 PMHARBORVIEW HOTELDesigner Author 411 EAST SHORE DRIVE, CLEARWATER, FLORIDA 33767C08345.001.00 A-402 10/14/2021 ENLARGED UNIT PLAN JOSE G. BENITEZ MIER AR95894 1/4" = 1'-0"D1 2BR E, 1Q+1K+1SOFA 1/4" = 1'-0"D5 PRESIDENTIAL 1, 2Q+1K+1SOFA 1/4" = 1'-0"B5 PRESIDENTIAL 2, 2Q+1K+1SOFA 1/4" = 1'-0"A1 PRESIDENTIAL 3, 4Q+1K+1SOFA 1/4" = 1'-0"D3 3BR, 2Q+2K+1SOFA 1/4" = 1'-0"B3 1BR SUITE, 1K+1SOFA 0 2'4'8'12' 1/4" = 1'-0" LEVEL 8 KEY PLAN 1319 SF 4BR 208 SF 4BR10' - 5 3/4"7' - 5"14' - 11 1/4"6' - 6 3/4"5' - 5 3/4"10' - 5"9' - 1"5' - 10 3/4"9' - 6 1/2"6' - 6 3/4"32' - 10"40' - 5"10' - 5 3/4"10' - 11"11' - 5 1/4"Architects Engineers, Inc. www.brph.com Copyright © 2021 2420 S. Lakemont Avenue | Suite 300 Orlando | Florida | 32814 T 407-896-9301 | F 407-896-9304 FL Architectural Business Qualifier #AR97680 Board of Professional Engineers License #1439 These plans are protected by Federal Copyright protection. Unauthorized use may result in an infringement action. Offices in Melbourne, Orlando, Boca Raton, Atlanta, Lynnwood, Charleston and Huntsville DOCUMENT HISTORY DRAWING NO. TITLE PROJECT NUMBER DRAWN BY DESIGNED BY ARCH/ENGR OF RECORD DATE NOT FOR CONSTRUCTION 54321 6 A B C D E 30x42 - 12/16/20 copyright 2021C:\Users\jjqiu\Documents\Harbor ViewCondo-Hotel_May_2021_jjqiu.rvt10/12/2021 3:11:32 PMHARBORVIEW HOTELDesigner Author 411 EAST SHORE DRIVE, CLEARWATER, FLORIDA 33767C08345.001.00 A-403 10/14/2021 ENLARGED UNIT PLAN JOSE G. BENITEZ MIER AR95894 0 2'4'8'12' 1/4" = 1'-0" LEVEL 8 KEY PLAN 1/4" = 1'-0"B5 4BR, 4Q+1K+1SOFA Architects Engineers, Inc. www.brph.com Copyright © 2021 2420 S. Lakemont Avenue | Suite 300 Orlando | Florida | 32814 T 407-896-9301 | F 407-896-9304 FL Architectural Business Qualifier #AR97680 Board of Professional Engineers License #1439 These plans are protected by Federal Copyright protection. Unauthorized use may result in an infringement action. Offices in Melbourne, Orlando, Boca Raton, Atlanta, Lynnwood, Charleston and Huntsville DOCUMENT HISTORY DRAWING NO. TITLE PROJECT NUMBER DRAWN BY DESIGNED BY ARCH/ENGR OF RECORD DATE NOT FOR CONSTRUCTION 54321 6 A B C D E 30x42 - 12/16/20 copyright 2021C:\Users\jjqiu\Documents\Harbor ViewCondo-Hotel_May_2021_jjqiu.rvt10/12/2021 3:11:32 PMHARBORVIEW HOTELDesigner Author 411 EAST SHORE DRIVE, CLEARWATER, FLORIDA 33767C08345.001.00 A-901 10/14/2021 EXTERIOR RENDERING JOSE G. BENITEZ MIER AR95894FRONT ENTRY WEST ELEVATION Architects Engineers, Inc. www.brph.com Copyright © 2021 2420 S. Lakemont Avenue | Suite 300 Orlando | Florida | 32814 T 407-896-9301 | F 407-896-9304 FL Architectural Business Qualifier #AR97680 Board of Professional Engineers License #1439 These plans are protected by Federal Copyright protection. Unauthorized use may result in an infringement action. Offices in Melbourne, Orlando, Boca Raton, Atlanta, Lynnwood, Charleston and Huntsville DOCUMENT HISTORY DRAWING NO. TITLE PROJECT NUMBER DRAWN BY DESIGNED BY ARCH/ENGR OF RECORD DATE NOT FOR CONSTRUCTION 54321 6 A B C D E 30x42 - 12/16/20 copyright 2021C:\Users\jjqiu\Documents\Harbor ViewCondo-Hotel_May_2021_jjqiu.rvt10/12/2021 3:11:32 PMHARBORVIEW HOTELDesigner Author 411 EAST SHORE DRIVE, CLEARWATER, FLORIDA 33767C08345.001.00 A-902 10/14/2021 EXTERIOR RENDERING JOSE G. BENITEZ MIER AR95894 MARINA SIDE EAST ELEVATION Architects Engineers, Inc. www.brph.com Copyright © 2021 2420 S. Lakemont Avenue | Suite 300 Orlando | Florida | 32814 T 407-896-9301 | F 407-896-9304 FL Architectural Business Qualifier #AR97680 Board of Professional Engineers License #1439 These plans are protected by Federal Copyright protection. Unauthorized use may result in an infringement action. Offices in Melbourne, Orlando, Boca Raton, Atlanta, Lynnwood, Charleston and Huntsville DOCUMENT HISTORY DRAWING NO. TITLE PROJECT NUMBER DRAWN BY DESIGNED BY ARCH/ENGR OF RECORD DATE NOT FOR CONSTRUCTION 54321 6 A B C D E 30x42 - 12/16/20 copyright 2021C:\Users\jjqiu\Documents\Harbor ViewCondo-Hotel_May_2021_jjqiu.rvt10/12/2021 3:11:33 PMHARBORVIEW HOTELDesigner Author 411 EAST SHORE DRIVE, CLEARWATER, FLORIDA 33767C08345.001.00 A-903 10/14/2021 EXTERIOR RENDERING JOSE G. BENITEZ MIER AR95894MARINA SIDE EAST ELEVATION Architects Engineers, Inc. www.brph.com Copyright © 2021 2420 S. Lakemont Avenue | Suite 300 Orlando | Florida | 32814 T 407-896-9301 | F 407-896-9304 FL Architectural Business Qualifier #AR97680 Board of Professional Engineers License #1439 These plans are protected by Federal Copyright protection. Unauthorized use may result in an infringement action. Offices in Melbourne, Orlando, Boca Raton, Atlanta, Lynnwood, Charleston and Huntsville DOCUMENT HISTORY DRAWING NO. TITLE PROJECT NUMBER DRAWN BY DESIGNED BY ARCH/ENGR OF RECORD DATE NOT FOR CONSTRUCTION 54321 6 A B C D E 30x42 - 12/16/20 copyright 2021C:\Users\jjqiu\Documents\Harbor ViewCondo-Hotel_May_2021_jjqiu.rvt10/12/2021 3:11:33 PMHARBORVIEW HOTELDesigner Author 411 EAST SHORE DRIVE, CLEARWATER, FLORIDA 33767C08345.001.00 A-904 10/14/2021 EXTERIOR RENDERING JOSE G. BENITEZ MIER AR95894FRONT NORTH WEST ELEVATION S O U T H S ID E S E T B A C K 2 0 ' - 0 " B U IL D IN G EAST REAR SETBACK 18' - 0" BUILDING EAST RE AR SETBACK 18' - 0" BUILDING P A R K IN G S E T B A C K 5 ' - 0 " P AR KIN G S ETB A C K 5' - 0" N O R T H S ID E S E T B A C K 2 0 ' - 0 " B U IL D IN G ABOVE ROOF SURFACE10' - 0"77' - 2" ABOVE D.F.E.7' - 6" ABOVE GRADE3' - 2" ABOVE D.F.E.2 2 5 ' - 8 " 40' - 0" 3 0 ' - 0 "2 8 ' - 3 "2 5 ' - 1 0 "1 7 ' - 1 1 "1 7 ' - 5 "4 2 ' - 5 "1 2 ' - 0 " 1 8 ' - 0 "3 3 ' - 1 0 "7' - 2" 5' - 2" 6' - 8" 5' - 2" 17' - 10" 4 2 ' - 0 "1 6 ' - 3 "2 5 ' - 1 0 "1 7 ' - 1 1 "1 7 ' - 5 "4 2 ' - 5 "1 2 ' - 0 " 1 8 ' - 0 "1 6 ' - 1 "2 1 ' - 7 "43' - 10" 20' - 2" 32' - 0" 19' - 5" 32' - 0" 8 7 ' - 1 0 "1 7 ' - 1 1 "9 ' - 1 0 "7 ' - 7 "4 2 ' - 5 "1 2 ' - 0 "1 8 ' - 0 "1 6 ' - 1 "2 1 ' - 7 "64' - 0" 2 2 5 ' - 8 "1 8 ' - 9 "8 6 ' - 3 "1 9 ' - 2 "30' - 0" Architects Engineers, Inc. www.brph.com Copyright © 2021 2420 S. Lakemont Avenue | Suite 300 Orlando | Florida | 32814 T 407-896-9301 | F 407-896-9304 FL Architectural Business Qualifier #AR97680 Board of Professional Engineers License #1439 These plans are protected by Federal Copyright protection. Unauthorized use may result in an infringement action. Offices in Melbourne, Orlando, Boca Raton, Atlanta, Lynnwood, Charleston and Huntsville DOCUMENT HISTORY DRAWING NO. TITLE PROJECT NUMBER DRAWN BY DESIGNED BY ARCH/ENGR OF RECORD DATE NOT FOR CONSTRUCTION 54321 6 A B C D E 30x42 - 12/16/20 copyright 2021C:\Users\jjqiu\Documents\Harbor ViewCondo-Hotel_May_2021_jjqiu.rvt10/12/2021 3:11:35 PMHARBORVIEW HOTELDesigner Author 411 EAST SHORE DRIVE, CLEARWATER, FLORIDA 33767C08345.001.00 A-910 10/14/2021 BUILDING MASSING STUDY JOSE G. BENITEZ MIER AR95894 A1 BUILDING MASSING STUDY 01 NORTHSIDE SETBACK 20' - 0" BUILDING PARKING SETBACK 5' - 0" 225' - 8" 4 4 ' - 4 "4 3' - 1 0"2 0 ' - 2 "77' - 2" ABOVE D.F.E.7' - 6" ABOVE GRADE10' - 0" ABOVE ROOF SURFACE30' - 0" 28' - 3" 25' - 10" 17' - 11" 17' - 5" 42' - 5" 12' - 0" 18' - 0" 33' - 10" 30' - 0" 28' - 3" 25' - 10" 17' - 11" 17' - 5" 42' - 5" 12' - 0" 18' - 0" 33' - 10" 7 ' - 2"5 ' - 2"3 ' - 2 "6 ' - 8 "6 ' - 8 "17 ' - 10 "3 ' - 0 "3' - 0 "1 2 ' - 6 "31 ' - 4"1 2 ' - 6 "5 6 ' - 4 "64 ' - 0"4 0 ' - 0 "4' - 4 "18' - 9" 86' - 3" 10' - 7" 8' - 7" 3 ' - 0 "Architects Engineers, Inc. www.brph.com Copyright © 2021 2420 S. Lakemont Avenue | Suite 300 Orlando | Florida | 32814 T 407-896-9301 | F 407-896-9304 FL Architectural Business Qualifier #AR97680 Board of Professional Engineers License #1439 These plans are protected by Federal Copyright protection. Unauthorized use may result in an infringement action. Offices in Melbourne, Orlando, Boca Raton, Atlanta, Lynnwood, Charleston and Huntsville DOCUMENT HISTORY DRAWING NO. TITLE PROJECT NUMBER DRAWN BY DESIGNED BY ARCH/ENGR OF RECORD DATE NOT FOR CONSTRUCTION 54321 6 A B C D E 30x42 - 12/16/20 copyright 2021C:\Users\jjqiu\Documents\Harbor ViewCondo-Hotel_May_2021_jjqiu.rvt10/12/2021 3:11:36 PMHARBORVIEW HOTELDesigner Author 411 EAST SHORE DRIVE, CLEARWATER, FLORIDA 33767C08345.001.00 A-911 10/14/2021 BUILDING MASSING STUDY JOSE G. BENITEZ MIER AR95894 A1 BUILDING MASSING STUDY 02 N O R T H S ID E S E T B A C K 2 0 ' - 0 "F R O N T S E T B A C K 5' - 0" P A R K IN G S E T B A C K 5 ' - 0 "P A R KIN G S E T B A C K 5' - 0" 43' - 10" 20' - 2" 40' - 0" 4' - 4" 12' - 6" 31' - 4" 12' - 6"77' - 2" ABOVE D.F.E.10' - 0" ABOVE ROOF SURFACE2 6 ' - 4 "1 0 ' - 5 "1 6 ' - 5 "2 6 ' - 0 "1 6 ' - 1 0 "2 0 ' - 7 "1 7 ' - 0 "2 5 ' - 8 "2 7 ' - 4 "2 1 ' - 1 "1 2 ' - 1 1 "2 2 0 ' - 7 "4' - 4" 5' - 2" 5' - 2" 4' - 0" 4' - 11" 5' - 1" 3 2 ' - 5 "9 ' - 5 "1 6 ' - 5 "2 6 ' - 0 "1 6 ' - 1 0 "2 0 ' - 7 "1 7 ' - 0 "2 5 ' - 8 "2 7 ' - 4 "1 6 ' - 3 "2 1 ' - 7 " 1 0 ' - 5 "1 5 ' - 5 "2 8 ' - 0 "1 5 ' - 1 0 "2 0 ' - 7 "1 6 ' - 0 "2 7 ' - 8 "1 5 ' - 8 "1 0 ' - 8 "2 1 ' - 1 1 3 /4 "1 4 ' - 8 " 3' - 4 1/2" 5' - 11" 3' - 4" 4' - 11" 14' - 8" 6 1/2" Architects Engineers, Inc. www.brph.com Copyright © 2021 2420 S. Lakemont Avenue | Suite 300 Orlando | Florida | 32814 T 407-896-9301 | F 407-896-9304 FL Architectural Business Qualifier #AR97680 Board of Professional Engineers License #1439 These plans are protected by Federal Copyright protection. Unauthorized use may result in an infringement action. Offices in Melbourne, Orlando, Boca Raton, Atlanta, Lynnwood, Charleston and Huntsville DOCUMENT HISTORY DRAWING NO. TITLE PROJECT NUMBER DRAWN BY DESIGNED BY ARCH/ENGR OF RECORD DATE NOT FOR CONSTRUCTION 54321 6 A B C D E 30x42 - 12/16/20 copyright 2021C:\Users\jjqiu\Documents\Harbor ViewCondo-Hotel_May_2021_jjqiu.rvt10/12/2021 3:11:38 PMHARBORVIEW HOTELDesigner Author 411 EAST SHORE DRIVE, CLEARWATER, FLORIDA 33767C08345.001.00 A-912 10/14/2021 BUILDING MASSING STUDY JOSE G. BENITEZ MIER AR95894 A1 BUILDING MASSING STUDY 03 SOUTH SIDE SETBACK 20' - 0" BUILDING NORTHSIDE SETBACK 20' - 0" BUILDING F R O N T S E T B A C K5' - 0 " E A S T R E A R S E T B A CK 1 8 ' - 0 " B U IL D IN G 'PARKING SETBACK 5' - 0" P A R K I N G S E T B A C K5' - 0 "10' - 0" TO ROOF SURFACE72' - 8" ABOVE GRADE77' - 2" ABOVE D.F.E.225' - 8" 4 0 ' - 0 " 5 ' - 1 " 2 0 ' - 2 " 4 3 ' - 1 0 " 7 ' - 2 "10' - 8" ABOVE GRADE3' - 2" ABOVE D.F.E.5' - 1" 26' - 4" 26' - 10" 26' - 0" 16' - 10" 20' - 7" 17' - 0" 25' - 8" 16' - 8" 31' - 9" 12' - 11" 5 ' - 2 " 5 ' - 2 "4 ' - 4 "225' - 8" 32' - 5" 9' - 5" 16' - 5" 26' - 0" 16' - 10" 20' - 7" 17' - 0" 25' - 8" 27' - 4" 16' - 3" 21' - 7" 15' - 5" 28' - 0" 15' - 10" 20' - 7" 16' - 0" 27' - 8" 26' - 4" 3 ' - 1 1 " 3 ' - 4 "3 ' - 4 " Architects Engineers, Inc. www.brph.com Copyright © 2021 2420 S. Lakemont Avenue | Suite 300 Orlando | Florida | 32814 T 407-896-9301 | F 407-896-9304 FL Architectural Business Qualifier #AR97680 Board of Professional Engineers License #1439 These plans are protected by Federal Copyright protection. Unauthorized use may result in an infringement action. Offices in Melbourne, Orlando, Boca Raton, Atlanta, Lynnwood, Charleston and Huntsville DOCUMENT HISTORY DRAWING NO. TITLE PROJECT NUMBER DRAWN BY DESIGNED BY ARCH/ENGR OF RECORD DATE NOT FOR CONSTRUCTION 54321 6 A B C D E 30x42 - 12/16/20 copyright 2021C:\Users\jjqiu\Documents\Harbor ViewCondo-Hotel_May_2021_jjqiu.rvt10/12/2021 3:11:39 PMHARBORVIEW HOTELDesigner Author 411 EAST SHORE DRIVE, CLEARWATER, FLORIDA 33767C08345.001.00 A-913 10/14/2021 BUILDING MASSING STUDY JOSE G. BENITEZ MIER AR95894 A1 BUILDING MASSING STUDY 04 HARBORVIEW HOTELSCALE: NTS WOODS CONSULTING411EAST SHOREFLORIDA CERTIFICATE OF AUTHORIZATION #27664MUNICIPAL APPROVALTABLE OFCONTENTS10/7/2021 3:49 PM F:\Users\tskapik\Documents\Project Drawings\400 East Sh Yang\411 East Shore 10-07-21.dwgFAX: (727) 530-3790 1520 CHATEAUWOOD DRIVE CLEARWATER, FLORIDA 33764 TEL: (727) 580-4341 DOCK SHEET 0TABLE OF CONTENTSSHEET 0 - TABLE OF CONTENTSSHEET 1 - LOCATION MAPSHEET 2 - EXISTING CONDITIONS WITH COLOR AERIALSHEET 3 - PROJECT OVERVIEWSHEET 4 - NORTH DOCK A WITH DIMENSIONSSHEET 5 - SOUTH DOCK B WITH DIMENSIONSSHEET 6 - BOARDWALK WITH DIMENSIONSSHEET 7 - DIMENSIONAL STANDARDS: SETBACKS, OVERALL WIDTH AND LENGTHSSHEET 8 - CROSS SECTION A-A' NORTH DOCKSHEET 9 - CROSS SECTION B-B' SOUTH DOCKSHEET 10 - CROSS SECTION C-C' BOARDWALKSHEET 11 - SUBMERGED AQUATIC VEGETATION AND WATER DEPTHS AT MLWSHEET 12 - FIXED DOCK DETAILSSHEET 13 - FIXED DOCK DETAILSSHEET 14 - FIXED DOCK DETAILSSHEET 15 - BOARDWALK DETAILSSHEET 16 - PILE-WRAPPING DETAILSSHEET 17 - TURBIDITY CURTAINSSHEET 18 - WIDTH OF WATERWAYSHEET 19 - FIRE PROTECTION & WATER PLANSHEET 20 - FIRE PROTECTION & WATER PLANSHEET 21 - ELECTRICAL PEDESTALS NPROJECT LOCATION400, 405, 408, 409 & 411EAST SHORE DRIVECLEARWATER, FL. 33767PINELLAS COUNTYHARBORVIEW HOTELSCALE: NTS WOODS CONSULTINGFLORIDA CERTIFICATE OF AUTHORIZATION #27664MUNICIPAL APPROVAL10/7/2021 3:49 PM F:\Users\tskapik\Documents\Project Drawings\400 East Sh Yang\411 East Shore 10-07-21.dwgFAX: (727) 530-3790 1520 CHATEAUWOOD DRIVE CLEARWATER, FLORIDA 33764 TEL: (727) 580-4341 DOCK SHEET 1411EAST SHORELOCATIONMAP H1H2H4H3259.8'48.9'221.5'32.3'217'298.4'55.0'EXTENDED PROPERTY LINEEXTENDED PROPERTY LINEH1M1= MARINA SLIPS #1- #8= HOTEL SLIPS #1- #42H5H6H10H7H8H9H12H14H16H18H11H13H15H17H42H40H38H36H34H32H31H30H19H21H23H25H27H29H20H22H24H26H28H33H35H37H39H41M1M3M5M7M2M4M6M8H1M1= MARINA SLIPS #1- #8= HOTEL SLIPS #1- #42NVP 38VP37VP36VP35VP34VP33VP16VP17VP13VP14VP15VP18VP1VP2VP3VP7VP8VP4VP5VP6VP9VP26VP27VP25VP24VP23VP28VP12VP22VP32 HC 65HC 67HC 63HC 64VP42 VP43VP40 VP41VP39 VP 62VP 85VP86VP 87VP88VP 89VP90VP 91VP92VP 93VP94VP 95VP96VP 97VP 98VP 99VP 100VP 101VP 107VP105 VP 102VP 103VP 75 VP 79 VP 81 VP 80 VP 82 VP 84 VP 73 VP 74 VP 76 VP 57 VP 59 VP 61 VP 56 VP 58 VP 60 VP 49 VP 53 VP 55 VP 50 VP 52 VP 54 VP 47VP 44 VP 45 VP 46 HC 66VP 83 VP 106 VP 104VP 108 VP 109 VP 71VP69VP70 VP 72VP68 VP 48 VP 51 VP 77 VP 78 R M3RM4RM2RM1VP21VP31VP11VP10VP20VP19VP30VP29 NHARBORVIEW HOTELSCALE: 1"=80' WOODS CONSULTINGFLORIDA CERTIFICATE OF AUTHORIZATION #27664MUNICIPAL APPROVAL10/7/2021 3:49 PM F:\Users\tskapik\Documents\Project Drawings\400 East Sh Yang\411 East Shore 10-07-21.dwgFAX: (727) 530-3790 1520 CHATEAUWOOD DRIVE CLEARWATER, FLORIDA 33764 TEL: (727) 580-4341 DOCK SHEET 3411EAST SHOREPROJECTOVERVIEW 30.0'30.5'31.031.0'31.0'15.5'40' TYP4.0' TYP86.0'40' TYP4.0' TYP6.0'4.0' TYP6.0'15.5'40' TYP8.0'H1H2H4H3259.8'48.9'217'298.4'55.0'EXTENDED PROPERTY LINEH1M1= MARINA SLIPS #1- #8= HOTEL SLIPS #1- #42H5H6H10H7H8H9H12H14H16H18H11H13H15H17M1M3M5M7M2M4M6M8NHC67VP85VP86VP87VP88VP89VP90VP91VP92VP93VP94VP95VP96VP97VP98VP99VP100VP101VP 107VP105 VP102VP103VP80 VP82 VP84VP74VP76VP59VP61 VP 106 VP104VP 108VP109VP72VP78 HARBORVIEW HOTELSCALE: 1"=40' WOODS CONSULTINGFLORIDA CERTIFICATE OF AUTHORIZATION #27664MUNICIPAL APPROVAL10/7/2021 3:49 PM F:\Users\tskapik\Documents\Project Drawings\400 East Sh Yang\411 East Shore 10-07-21.dwgFAX: (727) 530-3790 1520 CHATEAUWOOD DRIVE CLEARWATER, FLORIDA 33764 TEL: (727) 580-4341 DOCK SHEET 4411EAST SHORENORTH DOCKA WITHDIMENSIONSASEE SHEET 8 FOR CROSS SECTION A - A'A'N 4.0' TYP40' TYP15.5'30.5'31.0'31.0'76.0'4.0' TYP30.0'31.0'40' TYP4.0' TYP8.0'6.0'30' TYP221.5'32.3'217'298.4'55.0'EXTENDED PROPERTY LINEH6H10H7H8H9H12H14H16H18H11H13H15H17H42H40H38H36H34H32H31H30H19H21H23H25H27H29H20H22H24H26H28H33H35H37H39H41H1M1= MARINA SLIPS #1- #8= HOTEL SLIPS #1- #42HC65HC67HC63HC64VP42VP43VP62VP85VP 86VP87VP88VP89VP90VP91VP92VP46 HC66EFGHJ VP 71VP69VP70 VP 72VP68 NHARBORVIEW HOTELSCALE: 1"=40' WOODS CONSULTINGFLORIDA CERTIFICATE OF AUTHORIZATION #27664MUNICIPAL APPROVAL10/7/2021 3:49 PM F:\Users\tskapik\Documents\Project Drawings\400 East Sh Yang\411 East Shore 10-07-21.dwgFAX: (727) 530-3790 1520 CHATEAUWOOD DRIVE CLEARWATER, FLORIDA 33764 TEL: (727) 580-4341 DOCK SHEET 5411EAST SHORESOUTH DOCKB WITHDIMENSIONSBSEE SHEET 9 FOR CROSS SECTION B - B'B' EXTENDED PROPERTY LINEEXTENDED PROPERTY LINEN VP 38VP37VP36VP35VP34VP33VP16VP17VP14VP15VP18VP7VP8VP5VP6VP9VP26VP27VP25VP24VP23VP28 HC 65HC67HC 63HC64VP42VP43VP40VP41VP39 VP62VP 85VP86VP 87VP88VP 89VP90VP 91VP92VP 93VP94VP 95VP96VP 97VP 98VP 99VP 100VP 101VP 107VP105 VP 102VP 103VP75 VP79 VP81 VP 80 VP 82 VP 84 VP73 VP 74 VP 76 VP 57 VP 59 VP 61 VP56 VP58 VP60 VP 49 VP 53 VP 55 VP50 VP52 VP54VP47VP44 VP 45 VP 46 HC 66VP83 VP 106 VP 104VP 108 VP 109 UP UP UP1ABCD E F G H J 3 4 5 6 7 8 9 10 12 13 14211 VP 71VP69VP70 VP 72VP68 VP 48 VP 51 VP77 VP 78 R M3RM4RM2RM1 NHARBORVIEW HOTELSCALE: 1"=70' WOODS CONSULTINGFLORIDA CERTIFICATE OF AUTHORIZATION #27664MUNICIPAL APPROVAL10/7/2021 3:49 PM F:\Users\tskapik\Documents\Project Drawings\400 East Sh Yang\411 East Shore 10-07-21.dwgFAX: (727) 530-3790 1520 CHATEAUWOOD DRIVE CLEARWATER, FLORIDA 33764 TEL: (727) 580-4341 DOCK SHEET 6411EAST SHOREBOARDWALKWITHDIMENSIONS177.1'30.4'117.4'15.0' TYPCC'SEE SHEET 10 FOR BOARDWALK CROSS SECTION C-C' 259.8'48.9'221.5'32.3'217'298.4'55.0'EXTENDED PROPERTY LINEEXTENDED PROPERTY LINEN VP 38VP37VP36VP35VP34VP33VP16VP17VP14VP15VP18VP7VP8VP5VP6VP9VP26VP27VP25VP24VP23VP28 HC 65HC67HC 63HC64VP42VP43VP40VP41VP39 VP62VP 85VP86VP 87VP88VP 89VP90VP 91VP92VP 93VP94VP 95VP96VP 97VP 98VP 99VP 100VP 101VP 107VP105 VP 102VP 103VP75 VP79 VP81 VP 80 VP 82 VP 84 VP73 VP 74 VP 76 VP 57 VP 59 VP 61 VP56 VP58 VP60 VP 49 VP 53 VP 55 VP50 VP52 VP54VP47VP44 VP 45 VP 46 HC 66VP83 VP 106 VP 104VP 108 VP 109 UP UP UP1ABCD E F G H J 3 4 5 6 7 8 9 10 12 13 14211 VP 71VP69VP70 VP 72VP68 VP 48 VP 51 VP77 VP 78 R M3RM4RM2RM1 NHARBORVIEW HOTELSCALE: 1"=70' WOODS CONSULTINGFLORIDA CERTIFICATE OF AUTHORIZATION #27664MUNICIPAL APPROVAL10/7/2021 3:49 PM F:\Users\tskapik\Documents\Project Drawings\400 East Sh Yang\411 East Shore 10-07-21.dwgFAX: (727) 530-3790 1520 CHATEAUWOOD DRIVE CLEARWATER, FLORIDA 33764 TEL: (727) 580-4341 DOCK SHEET 7411EAST SHOREDIMENSIONALSTANDARDS:SETBACKS,OVERALLWIDTH ANDLENGTHSDIMENSIONAL STANDARDS FOR DOCKS:LENGTH OF SHORELINE = 300 FTMINIMUM SETBACKS = 30 FTPROPOSED NORTH/LEFT SETBACK = 48.9 FTPROPOSED SOUTH/RIGHT SETBACK = 32.3 FTMAXIMUM WIDTH = 225 FTPROPOSED WIDTH = 217 FTMAXIMUM LENGTH = 225 FTPROPOSED NORTH DOCK = 260 FT (ORIGINAL DOCK WAS APPROVED TO BE 318 FT)PROPOSED SOUTH DOCK =221.5 FT SEAWALL= +5.11'MHW ELEV = +0.61'MLW ELEV = -1.28' +5.11'BOARDWALKMHW ELEV = +0.61'MLW ELEV = -1.28'MLW ELEV = -1.28'MHW ELEV = +0.61' MAIN DOCK +5.11' FINGERPIER +3.6'HARBORVIEW HOTELSCALE: 1"=12' WOODS CONSULTINGFLORIDA CERTIFICATE OF AUTHORIZATION #27664MUNICIPAL APPROVAL10/7/2021 3:49 PM F:\Users\tskapik\Documents\Project Drawings\400 East Sh Yang\411 East Shore 10-07-21.dwgFAX: (727) 530-3790 1520 CHATEAUWOOD DRIVE CLEARWATER, FLORIDA 33764 TEL: (727) 580-4341 DOCK SHEET 8411EAST SHORECROSSSECTION A-A'NORTH DOCKAA'DD'1.5'STEPDOWN DETAIL ON FINGER PIERSNO STEPDOWNS FOR PIERS AT SLIPS 27, 28, 49 & 50(ADA RESERVED)VIEW D-D'TYPICAL FOR BOTH DOCKS SEAWALL CAP +5.11'NAVD88MHW ELEV = +0.61 FTMLW ELEV = -1.28 FTBOARDWALKMHW ELEV = +0.61 FTMLW ELEV = -1.28 FTHARBORVIEW HOTELSCALE: 1"=12' WOODS CONSULTINGFLORIDA CERTIFICATE OF AUTHORIZATION #27664MUNICIPAL APPROVAL10/7/2021 3:49 PM F:\Users\tskapik\Documents\Project Drawings\400 East Sh Yang\411 East Shore 10-07-21.dwgFAX: (727) 530-3790 1520 CHATEAUWOOD DRIVE CLEARWATER, FLORIDA 33764 TEL: (727) 580-4341 DOCK SHEET 9411EAST SHORECROSSSECTION B-B'SOUTH DOCKB'B MLW ELEV = -1.28'MHW ELEV = +0.61'SEAWALL CAP +5.11' NAVD88HARBORVIEW HOTELSCALE: 1"=5' WOODS CONSULTINGFLORIDA CERTIFICATE OF AUTHORIZATION #27664MUNICIPAL APPROVAL10/7/2021 3:49 PM F:\Users\tskapik\Documents\Project Drawings\400 East Sh Yang\411 East Shore 10-07-21.dwgFAX: (727) 530-3790 1520 CHATEAUWOOD DRIVE CLEARWATER, FLORIDA 33764 TEL: (727) 580-4341 DOCK SHEET 10411EAST SHORECROSSSECTION C-C'BOARDWALK15.0'4.5'CC' EXTENDED PROPERTY LINEEXTENDED PROPERTY LINEN NHARBORVIEW HOTELSCALE: 1"=70' WOODS CONSULTINGFLORIDA CERTIFICATE OF AUTHORIZATION #27664MUNICIPAL APPROVAL10/7/2021 3:49 PM F:\Users\tskapik\Documents\Project Drawings\400 East Sh Yang\411 East Shore 10-07-21.dwgFAX: (727) 530-3790 1520 CHATEAUWOOD DRIVE CLEARWATER, FLORIDA 33764 TEL: (727) 580-4341 DOCK SHEET 11411EAST SHORESUBMERGEDAQUATICVEGETATIONAND WATERDEPTHS ATMLWSEAGRASSBEDS HARBORVIEW HOTELSCALE: NTS WOODS CONSULTINGFLORIDA CERTIFICATE OF AUTHORIZATION #27664MUNICIPAL APPROVAL10/7/2021 3:49 PM F:\Users\tskapik\Documents\Project Drawings\400 East Sh Yang\411 East Shore 10-07-21.dwgFAX: (727) 530-3790 1520 CHATEAUWOOD DRIVE CLEARWATER, FLORIDA 33764 TEL: (727) 580-4341 DOCK SHEET 12411EAST SHOREFIXED DOCKDETAILSIt is the intent of the following construction details to be a reference guide for quality, structural and safetystandards. All structures to meet local, and or state guidelines for aquatic and marine construction.GENERAL DOCK NOTES:1. ALL DECKING TO BE TRIMMED, BOTH SIDES.2. ALL PILINGS TO BE SEATED WITH A FREE FALLING HAMMER IF WATER JETTING IS INSTALLATION METHOD. ALL PILES TO BE TRIMMED SAME HEIGHT.3. PILING CENTER TO CENTER SPACING ON ALL FIXED DOCKS TO BE 10' NOMINAL. AND NOT TO EXCEED 12'.4. DOCK FRAMING AND DECKING TO BE CONSTRUCTED USING STAINLESS STEEL SCREWS (SCREWS TO BE TYPE SPECIFIC FORMATERIAL UTILIZED).5. WOOD DECK BOARD SPACING AT TIME OF INSTALLATION NOT TO EXCEED 1/8" TO ALLOW FOR CURING, COMPOSITE DECK SPACING NOT TO EXCEED 1/4", DOCK DECK BOARD SPACING OVER SEAGRASS BEDS TO BE A MINIMUM OF 1/2" SPACING.6. ALL DOCK FRAMING OTHER THAN DECKING TO BE MINIMUM GRADE 2 LUMBER.7. RASP OR FEATHER ALL SAWCUTS.8. ALL CONSTRUCTION TO MEET OR EXCEED COUNTY REQUIREMENTS LISTED IN SECTIONS 166-(332, 333, & 334) OF THE PINELLAS COUNTY WATER AND NAVIGATION CONTROL AUTHORITY REGULATIONS MANUAL.9. CCA WOOD NOT ACCEPTABLE FOR DECKING OR RAILING MATERIALS. WOOD TREATMENT AS FOLLOWS ARE ACCEPTABLE: ALKALINE COPPER QUATERNARY (ACQ), IF ACQ TREATMENT IS UTILIZED, THEN THE WOOD NEEDS TO BE SEALED WITH AN ENGINEER-APPROVED SEALANT.10. IF A MAIN DOCK SUPPORT PILING FALLS IN CLOSE PROXIMITY (LESS THAN 2 FEET) TO A BOLLARD PILING REQUIRED FOR A FINGER PIER, THE BOLLARD PILING MAY BE USED FOR BOTH PURPOSES PROVIDING THE CENTER TO CENTER SPANS OF THE DOCK SUPPORT PILINGS DO NOT EXCEED 12 FEET.11. 5/8" GALVANIZED FASTENERS ARE NOT TO BE USED IN WOOD WITH COPPER AZOLE TREATMENT12. PILES TO BE WRAPPED FROM THE MUD (SILT) LINE TO 2.0' ABOVE THE MEAN HIGH WATER LINE (MHWL). WITH PRIME HIGH DENSITY POLYETHYLENE 30 MILS OR .030" THICK13. ALL WOOD PLANKING WHICH IS TO BE OVER AN AREA OF SEAGRASS, IF PRESENT, SHALL BE NO MORE THAN 8" WIDE AND HAVE A MINIMUM SPACING OF NO LESS THAN 1/2".14. PILINGS TO BE INSTALLED IN AREAS CONTAINING SEAGRASS, IF PRESENT, TO BE INSTALLED BY JETTING WITH A 3" PUMP REDUCED TO A 1-14" (JET PIPE), AUGERING AND DRIVING. SHOULD ANY ACCUMULATION OF SEDIMENT OCCUR AT THE BASE OF THE PILING, IT IS TO BE REMOVED FROM THE GRASS AREA. HARBORVIEW HOTELSCALE: NTS WOODS CONSULTINGFLORIDA CERTIFICATE OF AUTHORIZATION #27664MUNICIPAL APPROVAL10/7/2021 3:49 PM F:\Users\tskapik\Documents\Project Drawings\400 East Sh Yang\411 East Shore 10-07-21.dwgFAX: (727) 530-3790 1520 CHATEAUWOOD DRIVE CLEARWATER, FLORIDA 33764 TEL: (727) 580-4341 DOCK SHEET 13411EAST SHOREFIXED DOCKDETAILSRAILING TO BE FASTENED TOSTRINGERS W/ SHORT BOLT,AND FASTENED TO PILE WITHLONGER BOLT WHEN AVAILABLE2" X 6" RAIL CAP2" X 6" RAILSEQUALLYSPACED4" X 4" HANDRAILSTANCHIONSPLACED 5.0' O.C.HANDRAIL DETAIL42"MIN 10" TIP PILING 2.5 C.C.A. RET.SET BUTT DOWN, MIN 8.0' PENETRATION.LAP JOINTED AT BENTS 2.0' MIN.ALL INTERMEDIATE STRINGERS TO BENOTE:2" X 10" #2 S4S CCA2.5 RET. ONE EACH SIDEDOUBLE STRINGER 2" X 10"#2 S4S CCA OR ACQ .60 RET.22 DEG MIN45 DEG MAXALL PILE CAPS & CROSSBRACING TO BE DOUBLEBOLTED AS SPECIFIEDMAIN DOCK & WALKOUTALL BOLTING TO BE 5/8" S/S2" X 10" #2 S4SCCA 2.5 RET.BRACING &BLOCKINGMINIMUM PILE BENT BRACING:ALL PILE BENTS TO BECROSS BRACED WITH 2" X 10" #2 S4S CCA 2.5 RET.ONE SIDE ONLYHANDRAIL (WHERE APPLICABLE)STANCHIONS PLACED 5.0' O.C.EITHER 5/4"X6" SAWNBRAZILIAN HARDWOOD, 2" X 6" PT, ORCOMPOSITE DECKING2" X 10" INTERMEDIATESTRINGER MAX. 2.0'O.C. CCA OR ACQ .60 RET.NOTE: IF COMPOSITE DECKING IS USED.O.C. STRINGER SPACING TO BE VIAMANUFACTURES SPECIFICATIONS, NOT TOEXCEED 24" O.C. HARBORVIEW HOTELSCALE: NTS WOODS CONSULTINGFLORIDA CERTIFICATE OF AUTHORIZATION #27664MUNICIPAL APPROVAL10/7/2021 3:49 PM F:\Users\tskapik\Documents\Project Drawings\400 East Sh Yang\411 East Shore 10-07-21.dwgFAX: (727) 530-3790 1520 CHATEAUWOOD DRIVE CLEARWATER, FLORIDA 33764 TEL: (727) 580-4341 DOCK SHEET 14411EAST SHOREFIXED DOCKDETAILSEITHER 5/4"X6" SAWNBRAZILIAN HARDWOOD,2" X 6" PT, ORCOMPOSITE DECKING2" X 10" INTERMEDIATESTRINGER MAX. 2.0'O.C. CCA OR ACQ .60 RET.TYPICAL FINGER PIERCOUNTERSINK ALL BOLTSADJACENT TO BOAT SLIPS.DOUBLE STRINGER 2" X 10"#2 S4S CCA OR ACQ .60 RET.2" X 10" #2 S4S CCA2.5 RET. ONE EACH SIDE ROPE STOPSRECYCLED PLASTIC CAPS ON ALLEXPOSED PILE TIPS, FASTEN WITHS.S. NAILS (TYP.), CAPS SHOULDBE NO MORE THAN 1/4" LARGERTHAN TRIMMED PILE DIMENSION.MIN 8" TIP PILING 2.5 C.C.A. RET.SET BUTT DOWN, MIN 8.0' PENETRATION.NOTE:ALL INTERMEDIATE STRINGERS TO BELAP JOINTED AT BENTS 2.0' MIN.NOTE:DECK BOARDS TO BE TRIMMED BOTH SIDES.6.0'NOTE:ALL CCA TREATED PILES TO BE VINYLWRAPPED FROM MUD (SILT) LINE TO 2.0'ABOVE THE MEAN HIGH WATER LINE (MHW)WITH PRIME HIGH DENSITY POLYETHYLENE.030 THICKMINIMUM PILE BENT BRACING:* DEPTHS 8 TO 16 FT.ALL PILE BENTS TO BECROSS BRACED WITH 2" X 10" #2 S4S CCA 2.5 RET.ONE SIDE ONLY* DEPTHS >16 FTCROSS BRACING IN SHORT &LONG DIRECTION REQUIRED WITH 2" X 10" #2 S4S CCA 2.5 RET.ONE SIDE ONLY22 DEG MIN45 DEG MAXALL PILE CAPS & CROSSBRACING TO BE DOUBLEBOLTED AS SPECIFIEDALL BOLTING TO BE 5/8" HOTDIPPED GALVANIZED MIN, 5/8"WITH OG WASHERS BACKINGBOLT AND NUTS OR 5/8" SS IF ACQTREATED LUMBER IS USEDNOTE: IF COMPOSITE DECKING IS USED.O.C. STRINGER SPACING TO BE VIAMANUFACTURES SPECIFICATIONS, NOT TOEXCEED 24" O.C.NOTE: TOP ELEVATION CANNOT BE GREATERTHAN 10' ABOVE MEAN HIGH WATER ELEVATION2" X 10" #2 S4SCCA 2.5 RET.BRACING & BLOCKINGNOTE:FINGER PIER PILE BENT AT MAIN DOCK INTERSECTIONTO HAVE DOUBLE PILE CAP ON WATERSIDE OF BENT.INTERMEDIATE PILE BENT TO HAVE SINGLE CAP EACHSIDE OF BENT. OUTBOARD PILE BENT TO HAVEDOUBLE PILE CAP ON MAIN DOCK SIDE, NO CAP ONWATERSIDE. CONNECTION OF CAP TO PILINGHARBORVIEW HOTELSCALE: NTS WOODS CONSULTINGFLORIDA CERTIFICATE OF AUTHORIZATION #27664MUNICIPAL APPROVAL10/7/2021 3:49 PM F:\Users\tskapik\Documents\Project Drawings\400 East Sh Yang\411 East Shore 10-07-21.dwgFAX: (727) 530-3790 1520 CHATEAUWOOD DRIVE CLEARWATER, FLORIDA 33764 TEL: (727) 580-4341 DOCK SHEET 15411EAST SHOREBOARDWALKDETAILS HARBORVIEW HOTELSCALE: NTS WOODS CONSULTINGFLORIDA CERTIFICATE OF AUTHORIZATION #27664MUNICIPAL APPROVAL10/7/2021 3:49 PM F:\Users\tskapik\Documents\Project Drawings\400 East Sh Yang\411 East Shore 10-07-21.dwgFAX: (727) 530-3790 1520 CHATEAUWOOD DRIVE CLEARWATER, FLORIDA 33764 TEL: (727) 580-4341 DOCK SHEET 16411EAST SHOREPILE-WRAPPINGDETAILSNOTE: ALL CCA TREATED PILES TO BE VINYLWRAPPED FROM MUD (SILT) LINE TO 2.0' ABOVETHE MEAN HIGH WATER LINE (MHW) WITH PRIMEHIGH DENSITY POLYETHYLENE 30 MILS OR .030"THICKVINYL WRAPPINGFROM MUD LINETO 2.0' ABOVE MHWMUD LINE(Bottom)MHW LINE2.0 FTNOTE: TOP ELEVATIONCANNOT BE GREATER THAN10' ABOVE MEAN HIGH WATERELEVATIONWHITE PLASTIC CAPS ON ALLEXPOSED PILE TIPS, FASTEN WITHS.S. NAILS (TYP.), CAPS SHOULDBE NO MORE THAN 1/4" LARGERTHAN TRIMMED PILE DIMENSION.MIN 8" TIP PILING 2.5 C.C.A. RET.SET BUTT DOWN,MIN 8.0' PENETRATION. HARBORVIEW HOTELSCALE: NTS WOODS CONSULTINGFLORIDA CERTIFICATE OF AUTHORIZATION #27664MUNICIPAL APPROVAL10/7/2021 3:49 PM F:\Users\tskapik\Documents\Project Drawings\400 East Sh Yang\411 East Shore 10-07-21.dwgFAX: (727) 530-3790 1520 CHATEAUWOOD DRIVE CLEARWATER, FLORIDA 33764 TEL: (727) 580-4341 DOCK SHEET 17411EAST SHORETURBIDITYCURTAINSTYPICAL FLOATING TURBIDITY CURTAINS(DESIGN BY AER-FLO INC.)FLOATCONNECTING RODSCHAIN WEIGHTEDLAMINATED VINYL-POLYESTER FABRICWATER LEVELSEAFLOOR12" MINNOT TO SCALETURBIDITY CURTAINS SHALLREMAIN IN PLACE THROUGHOUTCONSTRUCTIONN HARBORVIEW HOTELSCALE: NTS WOODS CONSULTINGFLORIDA CERTIFICATE OF AUTHORIZATION #27664MUNICIPAL APPROVAL10/7/2021 3:49 PM F:\Users\tskapik\Documents\Project Drawings\400 East Sh Yang\411 East Shore 10-07-21.dwgFAX: (727) 530-3790 1520 CHATEAUWOOD DRIVE CLEARWATER, FLORIDA 33764 TEL: (727) 580-4341 DOCK SHEET 18411EAST SHOREWIDTH OFWATERWAY1401.7'1351.6'N EXTENDED PROPERTY LINEEXTENDED PROPERTY LINEN NHARBORVIEW HOTELSCALE: 1"=70' WOODS CONSULTINGFLORIDA CERTIFICATE OF AUTHORIZATION #27664MUNICIPAL APPROVAL10/7/2021 3:49 PM F:\Users\tskapik\Documents\Project Drawings\400 East Sh Yang\411 East Shore 10-07-21.dwgFAX: (727) 530-3790 1520 CHATEAUWOOD DRIVE CLEARWATER, FLORIDA 33764 TEL: (727) 580-4341 DOCK SHEET 19411EAST SHOREFIREPROTECTION& WATER PLANFIRE HOSECONNECTIONFIRE HOSECONNECTION3" SDR II HDPE POPE (FIRE) W/ 14G/A/S/S/ STRAP & 5/16"X2" S.S.LAG SCREWS 4' O.C.STAINLESS STREELSTRUT (2) REQUIREDWELD TO STAINLESSSTEEL PLATE2" SDR II HDPEPIPE6" DIA STAINLESSSTEEL TUBE2-1/2" HOSE VALVEFIXED DOCKCANTILEVER (CL) FIXED DOCKFIRE HOSE CONNECTION(TYP)FEXHDPEHIGH DENSITY POLYETHYLENE(HEAT FUMED) PER ASTM F-714POTABLE WATERFIRE MAINHOSE BIBB CONNECTIONFIRE EXTINGUISHER (4AC0BC) INFIBERGLASS CABINET (BY OTHERS)FIRE HOSE STATIONLEGENDFDCFIRE DEPARTMENT CONNECTION6" WHITE SCHD 40 PVC PIPEFILL WITH CONCRETEDRY STANDPIPE(TOTAL = 2)2-1/2" FIRE DEPARTMENTCONNECTION3" BRASS ADAPTERSIGN TO READ "DRY FIRESTANDPIPE DOCKS"CONCRETEGRADE LEVEL3" SDR II HDPE PIPE36" MIN BURIALFIRE HYDRANT(PROPOSED)EX4XEX3X HARBORVIEW HOTELSCALE: 1"=70' WOODS CONSULTINGFLORIDA CERTIFICATE OF AUTHORIZATION #27664MUNICIPAL APPROVAL10/7/2021 3:49 PM F:\Users\tskapik\Documents\Project Drawings\400 East Sh Yang\411 East Shore 10-07-21.dwgFAX: (727) 530-3790 1520 CHATEAUWOOD DRIVE CLEARWATER, FLORIDA 33764 TEL: (727) 580-4341 DOCK SHEET 20411EAST SHOREFIREPROTECTION& WATER PLAN3" SDR II HDPE PIPE (FIRE) W/ 14G/A/S/S/ STRAP & 5/16"X2" S.S.LAG SCREWS 4' O.C.STAINLESS STREELSTRUT (2) REQUIREDWELD TO STAINLESSSTEEL PLATE2" SDR II HDPEPIPE6" DIA STAINLESSSTEEL TUBE2-1/2" HOSE VALVEFIXED DOCKCANTILEVER (CL) FIXED DOCKFIRE HOSE CONNECTION(NTS)3" HDPE (FIRE)ATTACH TO WOODBUMPER W/STAINLESSSTEEL HARDWARE, 4'OC2" HDPE (POTABLE)ATTACH TO WOODBUMPER W/STAINLESSSTEEL HARDWARE, 4'OCN EXTENDED PROPERTY LINEEXTENDED PROPERTY LINEN NHARBORVIEW HOTELSCALE: 1"=70' WOODS CONSULTINGFLORIDA CERTIFICATE OF AUTHORIZATION #27664MUNICIPAL APPROVAL10/7/2021 3:49 PM F:\Users\tskapik\Documents\Project Drawings\400 East Sh Yang\411 East Shore 10-07-21.dwgFAX: (727) 530-3790 1520 CHATEAUWOOD DRIVE CLEARWATER, FLORIDA 33764 TEL: (727) 580-4341 DOCK SHEET 21411EAST SHOREELECTRICALPEDESTALSDOCKS A AND B - 30 TOTALPEDESTALS WITH DUAL 30AMP RECEPTACLES (EACHSIDE), DUAL 20 AMP GFIRECEPTACLES (EACH SIDE),ACCOMMODATION FOR DUAL2-POLE BREAKERS UP TO 40AMPS (FOR LIFTS)FIRE, WATER AND ELECTRICINSTALLATION TO BECOORDINATED BYCONTRACTOR.ALL FIRE, WATER ANDELECTRIC TO BE PERMITTEDAND INSTALLED BY LICENSEDCONTRACTORS.2" HDPE (POTABLE)2" HDPE (POTABLE)POINT OF CONNECTION(1)-2" POTABLE LINEW/2" TRU-UNION BALLVALVE BY SITECONTRACTOR HURRICANE PREPAREDNESS PLAN HARBORVIEW HOTEL MARINA MARINA CONTACT INFO: 411 E S 2753 STATE ROAD 580 STE 110 CLEARWATER FL 33761‐3351 hj0yang@gmail.com The Tampa Bay area is accustomed to storms and lightning, ranging from afternoon thunderstorms, which are a regular occurrence during certain times of the year, to large hurricanes, which are a threat during the summer and early fall. Commercial Docking Facilities and Marinas are particularly susceptible to hurricane damage largely due to storm surge, a mass of wind‐ driven water that produces an abnormal increase in sea level. Storm surge when coincident with high tide conditions can be especially damaging. Although such conditions can conceivably produce water levels as high as 25 feet above mean sea level, Tampa Bay has rarely experienced a direct hit of a hurricane, and has usually experienced only high winds and tides a few feet above normal. Hurricanes are divided into the following categories: Category Wind Velocity Tidal Surge I 74 ‐ 95 mph +5 ‐ 7 feet msl II 96 ‐ 110 mph +8 ‐ 10 feet msl III 110 ‐ 130 mph +11 ‐ 12 feet msl IV 131 ‐ 155 mph +13 ‐ 18 feet msl V 156+ mph +19 feet msl Stage 1: Stage 1 will go into effect in the event a Hurricane Watch is issued by the National Hurricane Center. All employees will report to the Hotel & Marina Director, the “Director” as quickly as possible. The “Director” will 1) have the employees inform any customers that may be on the premises as to the identification of the “Director” and inform the customers that the “Director” is in charge of all operations at the marina including all boat movements and 2) immediately direct the employees to remove or secure any loose equipment that may be on the docks or on the uplands and store the equipment in the high and dry building. Should wind velocity reach or exceed 40 miles per hour during the securing of the marina, the employees are to wear life vests when going onto the floating dockage. Any customers present who are removing their boats by water from the marina are to wear life vests. Stage 2: Stage 2 will go into effect when an evacuation of Pinellas County is ordered or when a Hurricane Watch is upgraded to a Hurricane Warning. The “Director” and employees will inform all boat owners or other customers that may be at the marina that they must begin evacuation. The “Director” will direct the employees to have the water mains and electrical mains turned off. The “Director” will release his employees in time for them to safely secure their homes and evacuate with their families and will lock all valuables in the safe and secure the premises. Preparations Prior to Hurricane Season Always make sure your boat is in good repair. 1. Examine the structural condition of your vessel and repair as needed. 2. Check all thru‐hull fittings, shafts, props, stuffing boxes, etc. In the event of a storm, everything except the bilge pump outlets and cockpit drains should be securely closed. 3. Make sure your vessel has proper grounding for lightning protection. 4. Disconnect radio antennas from instruments before the storm. 5. Make sure bilge pumps are in working order and batteries are properly charged. 6. Prepare a checklist of equipment needed to secure the vessel before the storm and store the equipment in a readily accessible location. 7. Purchase any supplies or equipment well in advance. Stock additional lengths of mooring lines, fenders, fender boards, chafing gear and anchors with chain. Limited supplies will run out quickly once a storm warning is announced. 8. Make an inventory of things to be removed from your vessel. Available Options 1. You may simply plan to better secure the boat when a storm is threatening. 2. You may consider an alternate and “safer” dockage site. 3. You may wish to relocate to a “hurricane anchorage,” which is a more reasonable alternative for larger vessels (40 feet or larger). Regardless of the chosen alternative, prepare a written plan for what you are going to do when a hurricane is threatening. Also have a friend ready to follow up with your plan should you be absent. Rehearse your plan with your family and friend. Try to think through what you will need to adequately secure your boat for a hurricane and how much time to allow. Perhaps have two plans, one in the event time is available and a second if time is limited. Choose your Option I. If you plan to move to a “safer” dock site, make sure: 1. You have extra dock lines, chafing gear and fenders, and take all precautions noted above. 2. You allow ample time to get to the dock and to evacuate the area. Remember you may be fighting wind and rain. II. If you plan to move to a “hurricane anchorage:” 1. Select possible sites well in advance (before hurricane season). Be aware that most bridges will be locked in the down position after an evacuation order is issued. 2. Make a trial run to: A. Verify water depth, size of anchor, chain and anchor scope required. Sufficient anchor chain and line for at least six times the normal (7:1) scope required should be carried for laying out the anchors. At least two anchors of the proper size for the vessel should be used; three anchors are better. B. Verify potential mooring structures (such as trees on shore). C. Verify the time required to get to the site. D. Determine how to get off the boat and to a car. Things to Remember 1. The boat owner will be responsible for any damage caused by his boat if it should break loose. Make sure it is properly secured. 2. No one shall be allowed to remain on their boat during a hurricane. 3. Life jackets must be worn when walking on the docks when wind velocities are in excess of 40 miles per hour. 4. Extreme caution should be exercised in all outdoor activities. In the event of an injury, outside medical aid may not be available. For your protection, we suggest stocking last year’s picnic basket or cooler with emergency provisions and placing it in a readily available location. Consider purchasing a cigarette lighter plug and an emergency antenna for your VHF marine radio. This will provide you with weather bulletins and telephone capability. Do not forget a broadcast radio, flashlight, matches and candles, fire extinguisher, water and water purification tablets, food and utensils, medical supplies and sanitary facilities and supplies. A plastic bag draped over a small garbage can with a tight‐fitting lid is an excellent emergency toilet. Again, careful planning, preparation and rehearsal will go a long way toward preventing damage or injury as a result of a hurricane and the exercise will most likely come in handy the next time you ride out a tropical storm. HURRICANE PREPAREDNESS PLAN REV2 MANATEE PROTECTION PLAN HARBORVIEW HOTEL COMMERCIAL DOCKS & MARINA FACILITY Prepared by: Woods Consulting 1714 County Rd. 1, Suite 22 Dunedin, FL 34698 (727) 786‐5747 August 2021 1. PURPOSE A manatee protection plan (MPP) is a comprehensive planning document that addresses the long‐term protection of the Florida manatee through, informational signage, boater education, boat facility siting, and habitat protection initiatives. Although the MPPs are primarily developed by counties, this plan is being provided as a requirement of the City of Clearwater’s Marinas and Marina Facilities Criteria of CDC Section 3‐603. This plan is intended to align with special permit conditions deemed appropriate for the proposed marina facility per reviews by the Florida Fish and Wildlife Conservation Commission (FWC), the United States Fish and Wildlife Service (Service), and other interested parties. 2. MANATEE INFORMATION (CITED FROM https://myfwc.com/wildlifehabitats/wildlife/manatee/) The Florida manatee is a native species found in many of Florida’s waterways. The Florida manatee population has grown to a minimum of 7,520 animals today and as a result, in early 2017 the Florida manatee was reclassified from an endangered to a threatened species under the federal Endangered Species Act. This change in the species status is based on an increasing population and the establishment of effective protection measures to ensure the continued conservation of the species. In 1975, Florida’s school children helped designate the endangered Florida manatee as Florida’ state marine mammal. Since then, various research, management and educational efforts have occurred to bring back a species that many people thought was on the verge of extinction. Continued support from thousands of people willing to purchase Save the Manatee specialty license plates or donate funds to the manatee program has allowed the state to develop and administer what was, and is needed for management and research programs that protect and conserve Florida’s manatees for future generations to see and enjoy. Today, manatees are considered one of Florida’s keystone species whose behavior can alert researchers to the environmental and habitat changes that may otherwise go unnoticed in Florida’s waterways for extended periods of time. Please browse the manatee program web pages to find out more about this unique imperiled species. Florida manatees were first protected through Florida State Law in 1893. Manatees are protected by the Florida Manatee Sanctuary Act (§379.2431(2), Florida Statutes) and are federally protected by both the Marine Mammal Protection Act and the Endangered Species Act. (CITED FROM https://www.fws.gov/refuge/Crystal_River/wildlife_and_habitat/Florida_Manatee.html) Habitat and Range: Manatees can be found in shallow, slow‐moving rivers, estuaries, saltwater bays, canals, and coastal areas — particularly where seagrass beds or freshwater vegetation flourish. Manatees are a migratory species. Within the United States, they are concentrated in Florida in the winter. In summer months, they can be found as far west as Texas and as far north as Massachusetts, but summer sightings in Alabama, Georgia and South Carolina are more common. Florida manatees have been known to migrate as far south as Cuba. The West Indian manatee is the species found in the coastal and inland waterways of Central America and along the northern coast of South America, although distribution in these areas may be discontinuous. Behavior: Manatees are gentle and slow‐moving animals. Most of their time is spent eating, resting, and traveling. Manatee are mostly herbivorous, however small fish and invertebrates can sometimes be ingested along with a manatee’s normal vegetation diet. They eat a large variety of submerged, emergent, and floating plants and can consume 10‐15% of their body weight in vegetation daily. Because they are mammals, they must surface to breathe air. They may rest submerged at the bottom or just below the surface of the water, coming up to breathe on an average of every three to five minutes. When manatees are using a great deal of energy, they may surface to breathe as often as every 30 seconds. When resting, manatees have been known to stay submerged for up to 20 minutes. Manatees can swim up to 20 miles per hour in short bursts, but they usually only swim about three to five miles per hour. Lifespan, Mortality, and Population: The Florida manatee has no natural enemies, and it is believed they can live 60 years or more. As with all wild animal populations, a certain percentage of manatee mortality is attributed to natural causes of death such as cold stress, gastrointestinal disease, pneumonia, and other diseases. A high number of additional fatalities are from human‐related causes. Most human‐related manatee fatalities occur from collisions with watercraft. Other causes of human‐ related manatee mortality include being crushed and/or drowned in canal locks and flood control structures; ingestion of fish hooks, litter, and monofilament line; and entanglement in crab trap lines. Ultimately, loss of habitat is the most serious threat facing manatees in the United States today. There is a minimum population count of approximately 5,000 animals according to recent aerial synoptic surveys. Breeding and Reproduction: The reproductive rate for manatees is low. Manatees are not sexually mature until they are about five years old. The gestation period is 13 months. It is believed that one calf is born every two to five years, and twins are rare. Mothers nurse their young for one to two years, during which time a calf remains dependent on its mother. 3. BOATING INFORMATION & PROTECTION ZONES Exhibit A, a Boating and Angling Guide to Tampa Bay is a comprehensive map providing information such as Habitat Areas, Managed Areas, Water Depths, Marina, Boat Ramp and Pumpout Locations, Navigation Routes and Posted Navigation Markers. This map can also be downloaded from http://www.tampabay.wateratlas.usf.edu/upload/documents/BAG_Tampa_Bay_2011.pdf Additional Boating Zone information can be found in Appendix A that provides Maps of Existing Pinellas County Boating Protection Zones, Appendix B provides additional Manatee Protection Boating Zones that were approved January 18, 2016 in Florida Administrative Code 68C‐22.016 including areas specifically in and around Clearwater Beach. 4. MARINA MANATEE EDUCATION PLAN State‐Required: As part of permitting the proposed Marina with the Florida Department of Environmental Protection, the Florida Fish and Wildlife Conservation Commission will review and determine an appropriate Manatee Educational Program for the life of the facility. That program is proposed to include: Manatee Information Signage that is required to be posted during construction activities, following all Standard In‐Water Work Conditions, posting additional permanent signage for the operations of the facility and providing Boating Information and Education brochures deemed appropriate for the size and use of the facility. Examples of the appropriate signage and brochures can be found in Appendix B. The Marina, at a minimum, will be required to post signs during construction and (1) Florida Friendly Boating Sign on land to remain permanently. The Florida Friendly Boating Sign will be posted on land, at the dock walkout, facing land to ensure visibility by all Marina patrons. Educational Brochures that may be deemed appropriate by the State for the Marina’s required Manatee Education Plan may include the Tampa Bay Angling Guide, a map of all posted nearby Manatee Protection Speed Zones and/or Nearby Boating Safety Zones. The Plan will be formalized and finalized during State Permitting that will commence upon Clearwater approval of the Marina Facility. Appendix C provides manatee educational signage that is approved by the State and Federal Agencies. Additional Marina Facility Manatee Protection Plan: The Marina will further implement manatee protections by posting additional educational and informational signs informing boaters of the presence of the protected Florida Manatee as required by the Florida Fish and Wildlife Conservation Commission, will provide vessels operators maps of posted speed zones, vessel exclusion zones and manatee protection zones; and require vessel owners provide a copy of their safe boater registration prior to signing a rental agreement. Harborview Hotel 411 East Shore Drive Flexible Development Level II Application Responses to Commercial Dock Criteria of CDC Section 3‐601.C.3 C. New docks 3 Commercial docks. A commercial dock is any dock, pier, or wharf, including boatlifts, that is used in connection with a hotel, motel or restaurant where the slips are not rented, leased or sold; or such facilities used in connection with a social or fraternal club or organization and used only by its membership; or such facilities constructed and maintained by the City of Clearwater, Pinellas County or by any state or federal agency; or any multi‐use dock with a deck area exceeding 500 square feet which shall be treated as a commercial dock. Commercial docks shall only be permitted as a Level Two (flexible development) use, which requires approval by the Community Development Board (CDB). All commercial docks shall be reviewed for compliance with the following criteria a. Use and Compatibility i) The proposed dock shall be subordinate to and contribute to the comfort, convenience or necessities of the users or the occupants of the principal use of the property. ii) The proposed dock shall be in harmony with the scale and character of adjacent properties and the neighborhood in general. iii) The proposed dock shall be compatible with dock patterns in the general vicinity. Response: The development is located in the Tourist and Marina District. The area is comprised predominantly of hotels and most, if not all, properties have docking facilities associated with their use. The development order approved 57 wet slips at this facility whereas 50 slips are currently proposed with 8 of those wet slips available for rent to the general public. The developed properties in the immediate area with docks consist of:  Barefoot Bay Hotel at 401 East Shore existing 250 ft‐long dock;  Frenchy’s Seafood Docks at 419 East Shore existing 270 ft‐long dock;  Marriott Courtyard & Marina at 455 East Shore recently‐built commercial floating docks – 240 ft‐ long with 50 public slips;  East Shore Resort at 473 East Shore existing 230 ft‐long dock;  Belle Harbor on Mandalay existing Multi‐Family 300 ft‐long dock;  Island Estates Yacht Club Estates on Windward Passage existing 400 ft‐long docks; and  Clearwater Beach Marina facility with more than 200 slips ranging in size from 30 feet to 125 feet for rent to commercial charters and private recreational vessels. The proposed docks are certainly comparable in size (lengths and number of slips) to the docks in the immediate area and the proposed marina use is comparable to the uses of similar docks in the area. b. Impacts on existing water recreation activities. The proposed dock/tie poles or use thereof, shall not adversely impact the health, safety or well‐being of persons currently using the adjacent waterways for recreational and/or commercial uses. Furthermore, the dock shall not preclude the existing uses of the adjacent waterway. Such uses include but are not limited to non‐motorized boats and motorized boats. Response: The proposed docks were designed to meet the City’s dimensional criteria, to the extent possible, to provide the required minimum side setbacks and not exceed the maximum allowed width. The north dock was previously approved for a length of 318 ft. That dock has been considerably scaled back in size to be 260 ft long to be comparable in size to docks in the immediate area. The north dock was approved to be longer due to the presence of seagrass beds in the nearshore area. The docks are still pushed out and away from the seagrass to avoid dock construction impacts and no wet slips are over seagrass. The docks do not impede navigation as they project only 20% into the waterway that is 1,300 ft wide at this location. The number, size and type of docks and slips proposed are consistent with the number, size and types of docks and slips in the immediate area for other resorts, hotels and multi‐family developments. If the Applicant is able to rent or lease 8 slips to the public, the anticipated clientele is for beach residents. Therefore, by having 42 wet slips available hotel guests and 8 wet slips for rent to the public, this will serve to improve the community character of the area and improve access to water recreation activities. c. Impacts to Navigation. The existence and use of the proposed dock shall not have a detrimental effect on the use of adjacent waters for navigation, transportation, recreational or other public conveniences. Response: The proposed docks are 260 ft and 221.5 ft in length and do not extend farther into the waterway than nearby docks. The width of the waterway at this location is greater than 1,300 linear ft, therefore, the docks only project 20% and 16.5% into the waterway. The rule is to not extend more than 25% the width, which would be 325 ft at this location. d. Impacts on Marine Environment i) Docks shall be sited to ensure that boat access routes avoid injury to marine grass beds or other aquatic resources in the surrounding areas. ii) Docks shall not have an adverse impact upon natural marine habitats, grass flats suitable as nursery feeding grounds for marine life, or established marine soil suitable for producing plant growth of a type useful as nursery or feeding grounds for marine life; manatee sanctuaries; natural reefs and any such artificial reef which has developed an associated flora and fauna which have been determined to be approaching a typical natural assemblage structure in both density and diversity; oyster beds; clam beds; known sea turtle nesting site; commercial or sport fisheries or shell fisheries areas; and habitats desirable as juvenile fish habitat. Response: The proposed docks and boardwalk were designed to avoid seagrass beds. A seagrass survey was performed April 21, 2021 and several grass beds are located near the seawall. The only impacts are by the proposed boardwalk and those impacts will be mitigated by the boardwalk being elevated to more than 5 ft above mean high water, utilizing the maximum 12‐ft on center piling spacing and deck plank spacing will not be smaller than ½” to meet the Dock Construction Guidelines established by the State and Federal agencies for Dock Construction over Submerged Aquatic Vegetation. There are no portions of the commercial docks or wet slips proposed over seagrass beds. A copy of the Seagrass Report is attached. As part of permitting, the development will be required to post educational and information permanent signage at the entrance to the dock to educate boaters of the presence of protected sea grasses and manatees. e. Impacts on Water Quality i) All turning basin, access channels, boat mooring areas and any other area associated with a dock shall have adequate circulation and existing water depths to ensure that a minimum of a one‐foot clearance is provided between the lowest member of a vessel (e.g. skegs, rudder, prop) and the bottom of the waterbody at mean or ordinary low water (‐0.95 NGVD datum). ii) The dock shall not effectively cause erosion, extraordinary storm drainage, shoaling of channels, or adversely affect the water quality presently existing in the area or limit progress that is being made toward improvement of water quality in the area in which the dock is proposed to be located. Response: The proposed docks and 50 wet slips were designed to be located out in deeper water to provide a minimum of three feet depth at mean low water but will further ensure a minimum of a one‐foot clearance is provided between the lowest member of a vessel and the marine bottom to prevent negatively impacting resources such as sea grass, oysters and corals. Hotel & Marina staff will provide all potential wet slip occupants with water depths in the slip areas prior to arrival at the docks. The proposed dock construction area will be surrounded by turbidity curtains prior to the commencement of construction to not adversely affect water quality during construction. The docks and slips are located outside any areas of influence of storm drains. There is no impervious area of the docks so as to not have the potential to cause storm drainage. The fixed docks will be piling‐supported with the minimum piling (maximum spacing) needed to not disrupt water flow, all construction materials will be made of marine‐grade products, all dock and mooring pilings will be wrapped from the mud line to two feet above the mean high‐water line, there will be no fueling and no boat repair services to be performed at the dock or within the wet slips to work toward improving water quality at this site. f. Impacts on Natural Resources i) The dock shall not have a material adverse impact upon the conservation of wildlife, marine life, and other natural resources, including beaches and shores, so as to be contrary to the public interest. ii) The dock shall not have an adverse impact on vegetated areas; vegetative, terrestrial, or aquatic habitats critical to the support of listed species providing one or more of the requirements to sustain their existence, such as range, nesting or feeding grounds; habitats which display biological or physical attributes which would serve to make them rare within the confines of the city; designated preservation areas such as those identified in the comprehensive land use plan, national wildlife refuges, Florida outstanding waters or other designated preservation areas, and bird sanctuaries. Response: The proposed docks and 50 wet slips were designed to be located out in deeper water to avoid protected resources such as sea grass, oysters and corals and provide a minimum depth of three feet at mean low water in slips. The facility will serve to improve the conservation of wildlife through the use of information and educational signage as deemed appropriate during State review. Please note the Florida Fish and Wildlife Conservation Commission (FWCC) previously provided their approval for the north dock and 31‐wet slips and will again be reviewing the docks for an Environmental Resource Permit. Signage may consist of “Caution Seagrass” signs or educational signs for seagrass beds, marine mammals, safe boating, etc. The number, locations and types of signs are generally determined by the FWCC. The docks are not located in an area that has been officially designated by City, County, State or Federal agencies as being environmentally significant. The site was surveyed for the presence of protected resources and although found near the seawall, will not be significantly impacted by the proposed docks. The public boardwalk has been designed to meet Dock Construction Guidelines for Marine Structure built over Seagrass Beds. Those design features include maximum piling spacing, elevated deck height and wider plank spacing. Additionally, there are no upland areas of protected vegetation such as mangroves or bird‐nesting areas. There are no designated preservation areas, national wildlife refuges, bird sanctuaries or other designated preservation areas. The site is contiguous to an Outstanding Florida Waterbody (OFW) and as noted above will provide informational and educational resources such as signage and brochures to hotel and marina patrons. g. Impacts on wetlands habitat/uplands. The dock shall not have a material adverse effect upon the uplands surrounding. Response: The proposed docks and 50 wet slips were designed to meet all the City’s dimensional criteria to provide required side setbacks and to not exceed the maximum allowed length (to the extent possible) or width to not negatively impact navigation. The dimensional criteria ensure docks and slips are wholly located within property lines and that adequate distances to other docks and navigation paths are maintained to not cause navigation conflicts with adjacent properties, the general public using the shared waterways or the uplands surrounding. The north dock was originally approved for a length variance with an overall length of 318 ft. The dock has been considerably scaled back to be only 260 ft to avoid construction of the dock or wet slips over the seagrass beds. h. Dimensional Standards i) Setbacks for commercial and/or multi‐use docks shall be as follows: a) If the commercial or multi‐use dock is located adjacent to a waterfront property occupied by a detached dwelling or two‐unit attached dwelling use and the use of said property conforms to the zoning district, the setback adjacent to the residential property line as extended into the water shall be a minimum of one‐third of the applicant's waterfront property width measured from the side property lines; Response: The commercial docks are not located adjacent to a waterfront property occupied by a detached dwelling or two‐unit attached dwelling. b) If a commercial or multi‐use dock located on non‐residentially zoned property is adjacent to any waterfront residentially zoned property, the setback adjacent to the residentially zoned property line as extended into the water shall be a minimum of 20 percent of the applicant's waterfront property width measured from the side property lines; Response: The commercial docks are located on Tourist zoned property and in the Marina District and so is not immediately adjacent to any waterfront residentially‐zoned property. c) In all other circumstances, commercial and multi‐use docks shall be located so that the setback from any property line as extended into the water shall be a minimum of ten percent of the applicant's waterfront property width measured from the side property lines. Response: The property width measured at the shoreline is 300 feet. The minimum side setbacks required by code is calculated as 10% of the property width as measured at the shoreline, or 30 feet. The north proposed setback is 48.9’ and the south setback is 32.3 ft. ii) Length. The length of commercial and multi‐use docks shall not extend from the mean high‐water line or seawall of the applicant's property more than 75 percent of the width of the applicant's property measured at the waterfront property line, up to a maximum of 250 feet. Tie poles may extend beyond the dock provided such poles do not project into the navigable portion of the waterway by more than an additional 50 feet or 25 percent of such waterway, whichever is less, and do not constitute a navigational hazard. Response: The maximum dock length allowed is 75% of the property width of 300 linear feet, or 225 ft. The north proposed dock was previously approved to be 318 ft in length. The dock has been considerably scaled back and is proposed to be 260 linear ft. The 31‐slips approved previously at the north dock were addressed in the Development Agreement for the total 57 slips approved. The south dock is proposed to be 221.5 linear ft in length and meets Code. A length variance is being requested for the north dock that was previously approved at an overall length of 318 ft. The proposed dock is a 58 ft in overall length reduction. The length is needed to avoid the seagrass beds located along the seawall, to meet the intent of the City’s Beach by Design for the Marina District, and to capture the slips previously approved by the previous length variance and for the existing Development Order that approves 57 wet slips as pert of this overall Development. The Marina District is a “prime location along Clearwater Harbor, its close proximity to the City’s marina and to the beach make the District a particularly desirable place for tourists and residents alike. Beach by Design supports the redevelopment of the Marina District into a pedestrian and boater‐friendly destination that includes a mix of hotels, commercial, restaurant, residential and mixed‐use development, as well as a variety of dock facilities and water related uses. To assist in creating this destination waterfront neighborhood, the District should capitalize upon its gateway location. Beach by Design supports the creation of a District focal point generally located at the intersection of East Shore Drive and Papaya Street and along Clearwater Harbor. Development located entirely or partially within 200 feet north and 200 feet south of Papaya Street shall be limited to the District’s preferred uses, which are restaurants, retail, hotels and/or mixed uses. Stand‐alone residential development shall not be permitted in this location. The design of development in this location should capitalize on this prime waterfront location and provide public access to the waterfront where Papaya Street terminates at Clearwater Harbor”. iii) Width. The width of commercial and multi‐use docking facilities shall not exceed 75 percent of the width of the applicant's property measured at the waterfront property line. Response: The maximum combined dock width allowed is 75% of the property width of 300 linear feet, or 225 ft. The proposed combined dock width is 217 feet. i. Deviations. Applications for deviations to the dimensional standards set forth in Section 3‐601.C.3.h. may be approved by the Community Development Board through a Level Two (flexible development) approval process based on the following: i) A dock of lesser length poses a threat to the marine environment, natural resources, wetlands habitats or water quality; and ii) The proposed dock location needs to be adjusted to minimize impacts relating to criteria set forth in Sections 3‐601.C.3.b.‐g.; and iii) A literal enforcement of the provisions of this section would result in extreme hardship due to the unique nature of the project and the applicant's property; and iv) The deviation sought to be granted is the minimum deviation that will make possible the reasonable use of the applicant's property. However, where an applicant demonstrates riparian or littoral rights which will affect the location of the dock, the minimum further deviation to provide for exercise of such rights shall be allowed; and v) The granting of the requested deviation will be in harmony with the general intent and purpose of this section and will not be injurious to the area involved or otherwise detrimental or of adverse effect to the public interest and welfare; and vi) No dock shall be allowed to deviate from the length requirements specified in Section 3‐601.C.3.h. by more than an additional 50 percent of the allowable length or to project into the navigable portion of the waterway by more than 25 percent of such waterway, whichever length is less, except for those docks located on the east side of Clearwater Harbor adjacent to the mainland, which shall be allowed to deviate up to a maximum length equal to 25 percent of the navigable portion of the waterway. Response: The only deviation is for a length variance for the north dock. The dock at 411 East Shore was previously approved for an overall length of 318 ft and has been considerably scaled back and now proposed to be 260 ft in length. The length variance allows room for the construction of the 15‐ft wide boardwalk, allows the dock and slips to be pushed out past the seagrass beds located in the nearshore area and importantly ensures the ability to maintain as close to 57 slips as possible as approved by the Development Agreement with the minimal variance being requested. The length is not more than an additional 50 percent of the allowable length (it is only 35 ft which is much less than 50 percent, or 112.5 ft) and projects only 20% into the navigable portion of the waterway. The Marina District specifically encourages marina facilities at this location and the proposed docks are meeting the criteria without encroaching on navigation requesting the least variance needed. The Marina District is a “prime location along Clearwater Harbor, is in close proximity to the City’s marina and to the beach make the District a particularly desirable place for tourists and residents alike. Beach by Design supports the redevelopment of the Marina District into a pedestrian and boater‐friendly destination that includes a mix of hotels, commercial, restaurant, residential and mixed‐use development, as well as a variety of dock facilities and water related uses. To assist in creating this destination waterfront neighborhood, the District should capitalize upon its gateway location. Beach by Design supports the creation of a District focal point generally located at the intersection of East Shore Drive and Papaya Street and along Clearwater Harbor. Development located entirely or partially within 200 feet north and 200 feet south of Papaya Street shall be limited to the District’s preferred uses, which are restaurants, retail, hotels and/or mixed uses. Stand‐alone residential development shall not be permitted in this location. The design of development in this location should capitalize on this prime waterfront location and provide public access to the waterfront where Papaya Street terminates at Clearwater Harbor”. j. Covered boatlifts. Covered boatlifts are permitted provided a permanent and solid roof deck is constructed with material such as asphalt shingles, metal, tile or wood. Canvas and canvas like roof materials are prohibited. Vertical sidewalls are prohibited on any boatlift or dock. Response: There are no covered boatlifts or vertical sidewalls being requested as part of this application. k. Publicly owned facilities. Roof structures shall be permitted on publicly owned boardwalks, observation platforms, elevated nature trails and other such structures not intended for use as a dock facility, however, vertical walls shall be prohibited. Response: There are no roof structures or vertical walls proposed on the dock or boardwalk TECHNICAL MEMORANDUM 19046 BRUCE B. DOWNS BOULEVARD | SUITE 308 ■ TAMPA | FLORIDA | 33647 ■ (813) 6251699 ■ WWW.RAYSORTRANSPORTATION.COM RAYSOR Transportation Consulting This item has been digitally signed and sealed by Michael Daniel Raysor P.E., on the date adjacent to the seal. Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. Rate Trips Rate Trips Enter Exit Rate Trips Enter 310 Hotel 92 rooms 8.36 770 0.47 43 25 18 0.60 56 28 28 PM Peak Hour Exit ITE LUC Land Use Description Size Weekday AM Peak Hour TO: 411ES, LLC 2753 FL-580, SUITE 110 CLEARWATER, FLORIDA 33761 FROM: MICHAEL D. RAYSOR, P.E. RAYSOR TRANSPORTATION CONSULTING, LLC SUBJECT: HARBORVIEW HOTEL TRAFFIC IMPACT STUDY DATE: AUGUST 27, 2021 1.0 | INTRODUCTION This technical memorandum documents a TRAFFIC IMPACT STUDY undertaken in association with development permitting for the “HARBORVIEW HOTEL” project, located at 408 East Shore Drive, in Clearwater, Florida. The subject site is proposed to be developed to consist of a 92 unit hotel, with ancillary marina (boat dockage), integrated parking structure, adjacent surface parking, and valet operations. Refer to FIGURE 1.0 for the project site location map and FIGURE 2.0 for the project site concept plan. 2.0 | PROJECT SITE TRIP GENERATION The daily and peak hour trip generation for the project site was estimated using trip characteristic data, as identified in the Institute of Transportation Engineers (ITE) Trip Generation Manual (10th edition); as summarized in TABLE 1.0. The project site is anticipated to generate 770 trips per day, with 43 trips during the AM peak hour and 56 trips during the PM peak hour. The worst-case period was determined to be the PM peak hour, and was thus used as the analysis period for this study. The distribution of project generated traffic was estimated manually based on area land use patterns and roadway connectivity, as shown in FIGURE 3.0 for PM peak hour conditions. TABLE 1.0 | PROJECT SITE TRIP GENERATION ESTIMATE PAGE 2 OF 10 19046 BRUCE B. DOWNS BOULEVARD | SUITE 308 ■ TAMPA | FLORIDA | 33647 ■ (813) 6251699 ■ WWW.RAYSORTRANSPORTATION.COM RAYSOR Transportation Consulting FIGURE 1.0 | PROJECT SITE LOCATION PROJECT SITE LOCATION PROJECT SITE PAGE 3 OF 10 19046 BRUCE B. DOWNS BOULEVARD | SUITE 308 ■ TAMPA | FLORIDA | 33647 ■ (813) 6251699 ■ WWW.RAYSORTRANSPORTATION.COM RAYSOR Transportation Consulting FIGURE 2.0 | PROJECT SITE CONCEPT PLAN PAGE 4 OF 10 19046 BRUCE B. DOWNS BOULEVARD | SUITE 308 ■ TAMPA | FLORIDA | 33647 ■ (813) 6251699 ■ WWW.RAYSORTRANSPORTATION.COM RAYSOR Transportation Consulting FIGURE 3.0 | PROJECT GENERATED PM PEAK HOUR TRAFFIC VOLUMES PAGE 5 OF 10 19046 BRUCE B. DOWNS BOULEVARD | SUITE 308 ■ TAMPA | FLORIDA | 33647 ■ (813) 6251699 ■ WWW.RAYSORTRANSPORTATION.COM RAYSOR Transportation Consulting East Shore Drive [north of project site]D 1,197 284 C0.24 East Shore Drive [south of project site]D 1,197 316 C0.26 Roadway Segment Traffic Volume LOS V/C Ratio LOS Std Service Volume 3.0 | STUDY AREA & ANALYSIS SCENARIOS The study area included in this analysis consisted of the project site access connections and the adjacent roadway segment of East Shore Drive. The project site is anticipated to be developed within two years or less, therefore 2023 was used as the analysis-horizon for this study. 4.0 | TRAFFIC VOLUMES Baseline traffic volumes (2015) were identified from the prior traffic studies prepared for the subject site, as shown in FIGURE 4.0 and documented in ATTACHMENT A. Background traffic volumes were estimated through the application of a 1.1% annual growth rate through the 2023 analysis-horizon as shown in FIGURE 5.0, where the 1.1% annual growth rate was calculated from historical traffic volumes, as documented in ATTACHMENT B. The traffic estimated to be generated by the subject project was added to the background traffic volumes to estimate post-development traffic volumes for use in this study, as shown in FIGURE 6.0. 5.0 | ROADWAY SEGMENT ANALYSIS An analysis of the study roadway segment was performed for PM peak hour post-development conditions. The analysis was conducted using FDOT’s generalized service flow-rate tables, as shown in TABLE 2.0, and further documented in ATTACHMENT C. The results of the analysis indicate that acceptable operating conditions can be anticipated for the study roadway segment, at level of service “C” for PM peak hour post-development conditions. TABLE 2.0 | PM PEAK HOUR POST-DEVELOPMENT ROADWAY SEGMENT ANALYSIS SUMMARY PAGE 6 OF 10 19046 BRUCE B. DOWNS BOULEVARD | SUITE 308 ■ TAMPA | FLORIDA | 33647 ■ (813) 6251699 ■ WWW.RAYSORTRANSPORTATION.COM RAYSOR Transportation Consulting FIGURE 4.0 | BASELINE PM PEAK HOUR TRAFFIC VOLUMES PAGE 7 OF 10 19046 BRUCE B. DOWNS BOULEVARD | SUITE 308 ■ TAMPA | FLORIDA | 33647 ■ (813) 6251699 ■ WWW.RAYSORTRANSPORTATION.COM RAYSOR Transportation Consulting FIGURE 5.0 | BACKGROUND PM PEAK HOUR TRAFFIC VOLUMES PAGE 8 OF 10 19046 BRUCE B. DOWNS BOULEVARD | SUITE 308 ■ TAMPA | FLORIDA | 33647 ■ (813) 6251699 ■ WWW.RAYSORTRANSPORTATION.COM RAYSOR Transportation Consulting FIGURE 6.0 | POST-DEVELOPMENT PEAK HOUR TRAFFIC VOLUMES PAGE 9 OF 10 19046 BRUCE B. DOWNS BOULEVARD | SUITE 308 ■ TAMPA | FLORIDA | 33647 ■ (813) 6251699 ■ WWW.RAYSORTRANSPORTATION.COM RAYSOR Transportation Consulting LTRLTRLTRLTR LOS [1] [1] [1]B [1] [2] [1] [3] [1] [1] [3] Delay [1] [1] [1]10.2 [1] [2] [1] [3] [1] [1] [3] V/C [1] [1] [1]0.01 [1] [2] [1] [3] [1] [1] [3] LOS [1] [1] [1]B [1] [2] [1] [3] [1] [1] [3] Delay [1] [1] [1]10.5 [1] [2] [1] [3] [1] [1] [3] V/C [1] [1] [1]0.04 [1] [2] [1] [3] [1] [1] [3] LOS [1][1][1][1][1][1][1][3][2][2]A Delay [1][1][1][1][1][1][1][3][2][2]1.5 V/C [1][1][1][1][1][1][1][3][2][2]0.07 LOS [1][1][1][1][1][1][1][3][2][2]A Delay [1][1][1][1][1][1][1][3][2][2]0.2 V/C [1][1][1][1][1][1][1][3][2][2]0.06 LOS A [1] [2] [1] [1] [1] [2]A [1] [1] [3] Delay 9.0 [1] [2] [1] [1] [1] [2]0.1 [1] [1] [3] V/C 0.02 [1] [2] [1] [1] [1] [2]0.16 [1] [1] [3] [2]Driveway E[2] [2] [1] [1] [1] [1]Driveway D[1] [1] Location Metric Eastbound Westbound Northbound Southbound [1] [1] [1]Driveway ADriveway B[1] [1] [1]Driveway C[1] NOT APPLICABLE [2] SHARED LANE [3] UNOPPOSED MOVEMENT 6.0 | SITE ACCESS OPERATIONAL ANALYSIS An operational analysis of the site access intersections was performed for PM peak hour conditions using Highway Capacity Manual methodologies calculated by the Synchro software program; as summarized in TABLE 3.0, and further documented in ATTACHMENT D. The results of the analysis indicate that acceptable operating conditions can be anticipated for the project site driveway connections, with all movements identified to operate at level of service “B” (or better) for PM peak hour post-development conditions. TABLE 3.0 | PM PEAK HOUR POST-DEVELOPMENT SITE ACCESS INTERSECTION OPERATIONAL ANALYSIS SUMMARY PAGE 10 OF 10 19046 BRUCE B. DOWNS BOULEVARD | SUITE 308 ■ TAMPA | FLORIDA | 33647 ■ (813) 6251699 ■ WWW.RAYSORTRANSPORTATION.COM RAYSOR Transportation Consulting 7.0 | SITE ACCESS TURN LANE WARRANT EVALUATION The potential need for new site access turn lanes on East Shore Drive at the project site driveway connections was evaluated; as documented in ATTACHMENT E. The analysis was performed based on the turn lane warrant criteria pursuant to the National Cooperative Highway Research Program, Report No. 279. The results of the analysis found that site access turn lanes are not warranted on East Shore Drive at the project site driveway connections. 8.0 | CONCLUSION Based on the data, analyses and findings presented within this TRAFFIC IMPACT STUDY prepared in association with development permitting for the “HARBORVIEW HOTEL” project, the following is concluded.  THE ADJACENT ROADWAY SEGMENT OF EAST SHORE DRIVE IS ANTICIPATED TO OPERATE ACCEPTABLY FOR PM PEAK HOUR POST-DEVELOPMENT TRAFFIC CONDITIONS.  THE SITE ACCESS INTERSECTIONS ARE ANTICIPATED TO OPERATE ACCEPTABLY FOR PM PEAK HOUR POST-DEVELOPMENT TRAFFIC CONDITIONS.  SITE ACCESS TURN LANES WERE FOUND TO NOT BE WARRANTED ON EAST SHORE DRIVE FOR PM PEAK HOUR POST-DEVELOPMENT TRAFFIC CONDITIONS. ATTACHMENT A BASELINE TRAFFIC VOLUMES 408 EAST SHORE DRIVE TRAFFIC IMPACT STUDY RAYSOR Transportation Consulting ŽŶĚŽŵŝŶŝƵŵĞǀĞůŽƉŵĞŶƚ ͲϲͲ ZĞǀŝƐĞĚdƌĂĨĨŝĐ^ƚƵĚǇ ϰϬϵĂƐƚ^ŚŽƌĞƌŝǀĞ Ɖƌŝůϭϭ͕ϮϬϭϲ NORTHNot To Scale ĂǇŵŽŶƚ^ƚƌĞĞƚ ͲDĂŶĚĂůĂǇĂƚĂǇŵŽŶƚ Ͳ'ƵůĨǀŝĞǁĂƚŽƌŽŶĂĚŽ ͲĂƵƐĞǁĂǇĂƚĂƐƚ^ŚŽƌĞ ͲĂƐƚ^ŚŽƌĞĂƚWƌŽũĞĐƚ ͲWŽŝŶƐĞƚƚŝĂĂƚWƌŽũĞĐƚ ϭϱ ϯ ϲϭ ϭϯϳ ϭϱ ϯϴ ϱϯϰϮϲϭϳϮϬϱϲϱϯϬϬ ϭϭϬϭϭϲϯϮϵϭϯ ϲϬϵϯϴϮϱϮϲDĂŶĚĂůĂǇǀĞŶƵĞϭϭϬϭϭϲϭϰϬϭ ϭϲϱ ϵϰϴϱϮProjectSite ProjectSite ĂƵƐĞǁĂǇŽƵůĞǀĂƌĚWŽŝŶƐĞƚƚŝĂǀĞŶƵĞĂƐƚ^ŚŽƌĞƌŝǀĞŽƌŽŶĂĚŽƌŝǀĞ'ƵůĨǀŝĞǁŽƵůĞǀĂƌĚ ϮϬϰϰϲϭϭϬϭϭϲϮϬϰϰϲϬ Ϭ Ϭ ϬϮϬϰϬϬϰϲϬ&/'hZϰ͘Ϭy/^d/E'dZ&&/sK>hD^;ϮϬϭϱͿ ATTACHMENT A - 1 of 1 ATTACHMENT B HISTORICAL TRAFFIC VOLUME GROWTH 408 EAST SHORE DRIVE TRAFFIC IMPACT STUDY Harbor View Growth Rate CalculationsYearLocationALocationBLocationCLocationDTotalLinearTrend2019 11,800-- -- --11,800 11,9142018 11,800-- -- --11,800 11,7892017 11,800-- -- --11,800 11,6632016 11,600-- -- --11,600 11,5372015 11,400-- -- --11,400 11,4112014 11,200-- -- --11,200 11,2862013 -- -- -- -- -- --2012 -- -- -- -- -- --2011 -- -- -- -- -- --2010 -- -- -- -- -- --2009 -- -- -- -- -- --5 Year Annual Growth Rate >>>1.1%SOURCELocation A: FDOT Count Station 15-9043 [Mandalay Avenue, north of SR 60]Location B: N/ALocation C: N/ALocation D: N/A05,00010,00015,000201420152016201720182019COMPOSITEAADTVOLUMESTraffic VolumeTrendATTACHMENT B - 1 of 2 FLORIDA DEPARTMENT OF TRANSPORTATION TRANSPORTATION STATISTICS OFFICE 2019 HISTORICAL AADT REPORT COUNTY: 15 - PINELLAS SITE: 9043 - MANDALAY AVE, N OF SR 60 YEAR AADT DIRECTION 1 DIRECTION 2 *K FACTOR D FACTOR T FACTOR ---- ---------- ------------ ------------ --------- -------- -------- 2019 11800 V N 5700 S 6100 9.00 55.70 3.30 2018 11800 R N 5700 S 6100 9.00 55.50 3.20 2017 11800 T N 5700 S 6100 9.00 54.50 2.90 2016 11600 S N 5600 S 6000 9.00 55.90 2.90 2015 11400 F N 5500 S 5900 9.00 55.00 2.90 2014 11200 C N 5400 S 5800 9.00 55.40 3.20 2013 13000 S 0 0 9.00 55.20 3.00 2012 13000 F 0 0 9.00 55.00 2.80 2011 13000 C N 0 S 0 9.00 56.50 3.10 ATTACHMENT B - 2 of 2 ATTACHMENT C FDOT GENERALIZED CAPACITIES 408 EAST SHORE DRIVE TRAFFIC IMPACT STUDY 2012 FDOT QUALITY/LEVEL OF SERVICE HANDBOOK TABLES TABLE 4 Generalized Peak Hour Two-Way Volumes for Florida’s Urbanized Areas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–––<HV 2QH:D\)DFLOLW\$GMXVWPHQW 0XOWLSO\WKHFRUUHVSRQGLQJWZRGLUHFWLRQDO YROXPHVLQWKLVWDEOHE\ 81,17(55837(')/2:+,*+:$<6 /DQHV0HGLDQ%&'( 8QGLYLGHG 'LYLGHG 'LYLGHG 8QLQWHUUXSWHG)ORZ+LJKZD\$GMXVWPHQWV/DQHV0HGLDQ([FOXVLYHOHIWODQHV$GMXVWPHQWIDFWRUV 'LYLGHG<HV 0XOWL8QGLYLGHG<HV 0XOWL8QGLYLGHG1R %,&<&/(02'( 0XOWLSO\PRWRUL]HGYHKLFOHYROXPHVVKRZQEHORZE\QXPEHURI GLUHFWLRQDOURDGZD\ODQHVWRGHWHUPLQHWZRZD\PD[LPXPVHUYLFH YROXPHV3DYHG6KRXOGHU%LF\FOH /DQH&RYHUDJH%&'( ! ! 3('(675,$102'( 0XOWLSO\PRWRUL]HGYHKLFOHYROXPHVVKRZQEHORZE\QXPEHURI GLUHFWLRQDOURDGZD\ODQHVWRGHWHUPLQHWZRZD\PD[LPXPVHUYLFH YROXPHV6LGHZDON&RYHUDJH%&'( ! %8602'(6FKHGXOHG)L[HG5RXWH %XVHVLQSHDNKRXULQSHDNGLUHFWLRQ 6LGHZDON&RYHUDJH%&'( ! 4 3 2 ! 3 2 1 9DOXHVVKRZQDUHSUHVHQWHGDVSHDNKRXUWZRZD\YROXPHVIRUOHYHOVRIVHUYLFHDQGDUHIRUWKHDXWRPRELOHWUXFNPRGHVXQOHVVVSHFLILFDOO\VWDWHG7KLVWDEOHGRHVQRW FRQVWLWXWHDVWDQGDUGDQGVKRXOGEHXVHGRQO\IRUJHQHUDOSODQQLQJDSSOLFDWLRQV7KHFRPSXWHUPRGHOVIURPZKLFKWKLVWDEOHLVGHULYHGVKRXOGEHXVHGIRUPRUHVSHFLILFSODQQLQJDSSOLFDWLRQV7KHWDEOHDQGGHULYLQJFRPSXWHUPRGHOVVKRXOGQRWEHXVHGIRU FRUULGRURULQWHUVHFWLRQGHVLJQZKHUHPRUHUHILQHGWHFKQLTXHVH[LVW&DOFXODWLRQVDUHEDVHGRQSODQQLQJDSSOLFDWLRQVRIWKH+LJKZD\&DSDFLW\0DQXDODQGWKH7UDQVLW&DSDFLW\DQG4XDOLW\RI6HUYLFH0DQXDO /HYHORIVHUYLFHIRUWKHELF\FOHDQGSHGHVWULDQPRGHVLQWKLVWDEOHLVEDVHGRQQXPEHURIPRWRUL]HGYHKLFOHVQRWQXPEHURIELF\FOLVWVRUSHGHVWULDQVXVLQJWKHIDFLOLW\ %XVHVSHUKRXUVKRZQDUHRQO\IRUWKHSHDNKRXULQWKHVLQJOHGLUHFWLRQRIWKHKLJKHUWUDIILFIORZ &DQQRWEHDFKLHYHGXVLQJWDEOHLQSXWYDOXHGHIDXOWV 1RWDSSOLFDEOHIRUWKDWOHYHORIVHUYLFHOHWWHUJUDGH)RUWKHDXWRPRELOHPRGH YROXPHVJUHDWHUWKDQOHYHORIVHUYLFH'EHFRPH)EHFDXVHLQWHUVHFWLRQFDSDFLWLHVKDYHEHHQUHDFKHG)RUWKHELF\FOHPRGHWKHOHYHORIVHUYLFHOHWWHUJUDGHLQFOXGLQJ)LVQRW DFKLHYDEOHEHFDXVHWKHUHLVQRPD[LPXPYHKLFOHYROXPHWKUHVKROGXVLQJWDEOHLQSXW YDOXHGHIDXOWV Source:)ORULGD'HSDUWPHQWRI7UDQVSRUWDWLRQ 6\VWHPV3ODQQLQJ2IILFH ZZZGRWVWDWHIOXVSODQQLQJV\VWHPVVPORVGHIDXOWVKWP ATTACHMENT C - 1 of 1 ATTACHMENT D INTERSECTION ANALYSIS 408 EAST SHORE DRIVE TRAFFIC IMPACT STUDY HCM Unsignalized Intersection Capacity Analysis Harborview Hotel 1: East Shore Drive & Driveway A PM Peak Hour Post-Development Conditions RAYSOR Transportation Consulting Synchro 10 Report Movement WBL WBR NBT NBR SBL SBT Lane Configurations Traffic Volume (veh/h) 7 2 226 0 0 56 Future Volume (Veh/h) 7 2 226 0 0 56 Sign Control Stop Free Free Grade 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 8 2 246 0 0 61 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 307 246 246 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 307 246 246 tC, single (s) 6.4 6.2 4.1 tC, 2 stage (s) tF (s) 3.5 3.3 2.2 p0 queue free % 99 100 100 cM capacity (veh/h) 685 793 1320 Direction, Lane # WB 1 NB 1 SB 1 Volume Total 10 246 61 Volume Left 8 0 0 Volume Right 2 0 0 cSH 704 1700 1700 Volume to Capacity 0.01 0.14 0.04 Queue Length 95th (ft) 1 0 0 Control Delay (s) 10.2 0.0 0.0 Lane LOS B Approach Delay (s) 10.2 0.0 0.0 Approach LOS B Intersection Summary Average Delay 0.3 Intersection Capacity Utilization 21.9% ICU Level of Service A Analysis Period (min) 15 ATTACHMENT D - 1 of 5 HCM Unsignalized Intersection Capacity Analysis Harborview Hotel 2: East Shore Drive & Driveway B PM Peak Hour Post-Development Conditions RAYSOR Transportation Consulting Synchro 10 Report Movement WBL WBR NBT NBR SBL SBT Lane Configurations Traffic Volume (veh/h) 25 2 224 0 0 63 Future Volume (Veh/h) 25 2 224 0 0 63 Sign Control Stop Free Free Grade 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 27 2 243 0 0 68 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 311 243 243 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 311 243 243 tC, single (s) 6.4 6.2 4.1 tC, 2 stage (s) tF (s) 3.5 3.3 2.2 p0 queue free % 96 100 100 cM capacity (veh/h) 681 796 1323 Direction, Lane # WB 1 NB 1 SB 1 Volume Total 29 243 68 Volume Left 27 0 0 Volume Right 2 0 0 cSH 688 1700 1700 Volume to Capacity 0.04 0.14 0.04 Queue Length 95th (ft) 3 0 0 Control Delay (s) 10.5 0.0 0.0 Lane LOS B Approach Delay (s) 10.5 0.0 0.0 Approach LOS B Intersection Summary Average Delay 0.9 Intersection Capacity Utilization 21.8% ICU Level of Service A Analysis Period (min) 15 ATTACHMENT D - 2 of 5 Harborview HotelHCM Unsignalized Intersection Capacity Analysis : East Shore Drive & Driveway &PM Peak Hour Post-Development Conditions RAYSOR Transportation Consulting Synchro 10 Report Movement WBL WBR NBT NBR SBL SBT Lane Configurations Traffic Volume (veh/h) 0 0 226 11 16 74 Future Volume (Veh/h) 0 0 226 11 16 74 Sign Control Stop Free Free Grade 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 0 0 246 12 17 80 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 366 252 258 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 366 252 258 tC, single (s) 6.4 6.2 4.1 tC, 2 stage (s) tF (s) 3.5 3.3 2.2 p0 queue free % 100 100 99 cM capacity (veh/h) 625 787 1307 Direction, Lane # NB 1 SB 1 Volume Total 258 97 Volume Left 0 17 Volume Right 12 0 cSH 1700 1307 Volume to Capacity 0.15 0.01 Queue Length 95th (ft) 0 1 Control Delay (s) 0.0 1.5 Lane LOS A Approach Delay (s) 0.0 1.5 Approach LOS Intersection Summary Average Delay 0.4 Intersection Capacity Utilization 21.0% ICU Level of Service A Analysis Period (min) 15 ATTACHMENT D - 3 of 5 Harborview HotelHCM Unsignalized Intersection Capacity Analysis : East Shore Drive & Driveway 'PM Peak Hour Post-Development Conditions RAYSOR Transportation Consulting Synchro 10 Report Movement WBL WBR NBT NBR SBL SBT Lane Configurations Traffic Volume (veh/h) 0 0 237 7 2 72 Future Volume (Veh/h) 0 0 237 7 2 72 Sign Control Stop Free Free Grade 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 0 0 258 8 2 78 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 344 262 266 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 344 262 266 tC, single (s) 6.4 6.2 4.1 tC, 2 stage (s) tF (s) 3.5 3.3 2.2 p0 queue free % 100 100 100 cM capacity (veh/h) 651 777 1298 Direction, Lane # NB 1 SB 1 Volume Total 266 80 Volume Left 0 2 Volume Right 8 0 cSH 1700 1298 Volume to Capacity 0.16 0.00 Queue Length 95th (ft) 0 0 Control Delay (s) 0.0 0.2 Lane LOS A Approach Delay (s) 0.0 0.2 Approach LOS Intersection Summary Average Delay 0.0 Intersection Capacity Utilization 16.2% ICU Level of Service A Analysis Period (min) 15 ATTACHMENT D - 4 of 5 Harborview HotelHCM Unsignalized Intersection Capacity Analysis : East Shore Drive & Driveway (PM Peak Hour Post-Development Conditions RAYSOR Transportation Consulting Synchro 10 Report Movement EBL EBR NBL NBT SBT SBR Lane Configurations Traffic Volume (veh/h) 2 18 4 222 72 16 Future Volume (Veh/h) 2 18 4 222 72 16 Sign Control Stop Free Free Grade 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 2 20 4 241 78 17 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 336 86 95 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 336 86 95 tC, single (s) 6.4 6.2 4.1 tC, 2 stage (s) tF (s) 3.5 3.3 2.2 p0 queue free % 100 98 100 cM capacity (veh/h) 658 972 1499 Direction, Lane # EB 1 NB 1 SB 1 Volume Total 22 245 95 Volume Left 2 4 0 Volume Right 20 0 17 cSH 932 1499 1700 Volume to Capacity 0.02 0.00 0.06 Queue Length 95th (ft) 2 0 0 Control Delay (s) 9.0 0.1 0.0 Lane LOS A A Approach Delay (s) 9.0 0.1 0.0 Approach LOS A Intersection Summary Average Delay 0.6 Intersection Capacity Utilization 24.9% ICU Level of Service A Analysis Period (min) 15 ATTACHMENT D - 5 of 5 ATTACHMENT E TURN LANE WARRANT EVALUATION 408 EAST SHORE DRIVE TRAFFIC IMPACT STUDY SOURCE: ADAPTED FROMNCHRP NO. 279 LOCATION:EAST SHORE DRIVE & PROJECT DRIVEWAY A Left Turn Lane Warrant SOUTHBOUND LEFT TURN LANE RESULT:NOT APPLICABLE SOURCE: ADAPTED FROM NCHRP NO. 279 Right Turn Lane Warrant NORTHBOUND RIGHT TURN LANE RESULT:NOT APPLICABLE HARBORVIEW HOTEL TURN LANE WARRANT EVALUATION ATTACHMENT E - 1 of 5 SOURCE: ADAPTED FROMNCHRP NO. 279 LOCATION:EAST SHORE DRIVE & PROJECT DRIVEWAY B Left Turn Lane Warrant SOUTHBOUND LEFT TURN LANE RESULT:NOT APPLICABLE SOURCE: ADAPTED FROM NCHRP NO. 279 Right Turn Lane Warrant NORTHBOUND RIGHT TURN LANE RESULT:NOT APPLICABLE HARBORVIEW HOTEL TURN LANE WARRANT EVALUATION ATTACHMENT E - 2 of 5 SOURCE: ADAPTED FROMNCHRP NO. 279 LOCATION:EAST SHORE DRIVE & PROJECT DRIVEWAY C Left Turn Lane Warrant SOUTHBOUND LEFT TURN LANE RESULT:NOT WARRANTED SOURCE: ADAPTED FROM NCHRP NO. 279 PM PEAK HOUR Left Turn Volume: 16 vph Approach Volume: 90 vph Opposing Volume: 237 vph Right Turn Lane Warrant NORTHBOUND RIGHT TURN LANE RESULT:NOT WARRANTED PM PEAK HOUR Right Turn Volume: 11 vph Approach Volume: 237 vph HARBORVIEW HOTEL TURN LANE WARRANT EVALUATION ATTACHMENT E - 3 of 5 SOURCE: ADAPTED FROMNCHRP NO. 279 LOCATION:EAST SHORE DRIVE & PROJECT DRIVEWAY D Left Turn Lane Warrant SOUTHBOUND LEFT TURN LANE RESULT:NOT WARRANTED SOURCE: ADAPTED FROM NCHRP NO. 279 PM PEAK HOUR Left Turn Volume: 2 vph Approach Volume: 74 vph Opposing Volume: 244 vph Right Turn Lane Warrant NORTHBOUND RIGHT TURN LANE RESULT:NOT WARRANTED PM PEAK HOUR Right Turn Volume: 7 vph Approach Volume: 244 vph HARBORVIEW HOTEL TURN LANE WARRANT EVALUATION ATTACHMENT E - 4 of 5 SOURCE: ADAPTED FROMNCHRP NO. 279 LOCATION:EAST SHORE DRIVE & PROJECT DRIVEWAY E HARBORVIEW HOTEL TURN LANE WARRANT EVALUATION Left Turn Lane Warrant NORTHBOUND LEFT TURN LANE RESULT:NOT WARRANTED SOURCE: ADAPTED FROM NCHRP NO. 279 PM PEAK HOUR Left Turn Volume: 4 vph Approach Volume: 226 vph Opposing Volume: 88 vph Right Turn Lane Warrant SOUTHBOUND RIGHT TURN LANE RESULT:NOT WARRANTED PM PEAK HOUR Right Turn Volume: 16 vph Approach Volume: 88 vph ATTACHMENT E - 5 of 5 UPDATED 10-20-2021; MTP Total Wells Nurn MJ Parry Teft Address of Receiving Property Rooms Allocated Total Rooms Proposed Total Rooms Built Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner Notes 101 Coronado Drive (Pier 60 Hotel)72 108 108 0.72 150.00 36 5/19/2009 8/6/2009 Constructed Constructed FLD2009- 03013 / DVA2009- 00001 Wells Permit Status is completed. BCP2011-02294; BTR issued: BTR- 0030708; 108 units; DBPR# HOT6215786 1 1 619 S. Gulfview Boulevard (Shephard's) 42 160 160 2.37 67.51 118 11/17/2009 12/17/2009 Constructed Constructed FLD2008-12033 / DVA2008- 00002 Wells Allocated rooms reduced from 68 to 42 - minor revision on July 6, 2011; Permit Status is completed. BCP2011-09106/BCP2013-02542; BTR-9005301: DBPR MOT6203452 1 1 655 S. Gulfview Boulevard (Hampton Inn / Quality Inn): (Hampton Inn: 635 Gulfview; Quality Inn: 655 Gulfview)90 181 181 1.44 125.96 71 N/A 4/16/2014 Constructed 2/6/2017 DVA2013- 03001 / HDA2014-02001 / FLD2013- 03011 / FLD2014- 03007 Nurnberger BCP2014-06256 - issued 12/17/2014 / BCP2014-07307 - issued 02/06/2015; Permit Status is completed. BTR9021241 - QUALITY INN: 91 units; DBPR #MOT6205082; BTR-0038694 - HAMPTON INN & SUITES; DBPR LIC # HOT6215807; Total units: 182 1 1 316 Hamden Drive (Hotel B) 79 units allocated; 118 units proposed; 39 units base density; 0.82 acres 1 1 300 Hamden Drive (Hotel A) 95 units allocated; 142 units proposed; 47 units base density; 1.10 acres 1 1 521 South Gulfview Boulevard (Entrada)30 344 344 3.908 88.02 314 N/A 6/19/2014 Constructed 5/24/2015 HDA2014- 04002 / FLD2013-11038 / FLD2014- 06019 Parry site plan as related to HDA214-04002 approved as part of FLD2013- 11038. New site plan approval request to accommodated approved units as part of the HDA - FLD2014-06019 - approved; BCP2014-11452 issued 08/07/2015; Permit Status is completed. BTR-0024076 - HOLIDAY INN HOTEL & SUITES: 189 units; BTR-0036443 - EDGE HOTEL: Total units: 362 units 1 1 650 Bay Esplanade (DeNunzio Hotel)55 102 102 0.95 107.37 47 6/18/2013 7/19/2013 Constructed 6/23/2017 DVA2013-02001 / FLS2013- 02006 Nurnberger Per 6.1.3.2 of the DVA - The Developer shall obtain permits and commenced construction on the development within four (4) years from the effective date of this Agreement (approx. 7/19/17). BCP2015-10210 - issued 12/10/2015 and is Completed; BCP2016-01459 - issued 03-29- 2016 and is Completed. BTR-0036580 - FAIRFIELD INN AND SUITES BY MARRIOTT: 102 units 1 1 Total Rooms Allocated from Reserve 463 Total Rooms Proposed 1,155 Total Rooms Built 1,150 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner 443 East Shore Drive (Courtyard by Marriott)139 110.32 6/19/2012 7/19/2012 5/26/2019 5/26/2019 FLD2012-03008 / DVA2012-03001 Jackson 1 1 443 East Shore Drive (Courtyard by Marriott) 1st amendment 12/18/2019 1/17/2019 1/17/2020 1/17/2020 HDA2012-03001A / FLD2012-03008A / TDR2018-10001 / TDR2018-10002 Teft 1 1 443 East Shore Drive (Courtyard by Marriott) 2nd amendment TBD TBD TBD TBD DVA2012-03001B Parry 325 South Gulfview Boulevard (Parcel A)100 180 1.60 112.50 80 N/A 6/4/2014 2/12/2026 2/12/2026 HDA2013-08004 / FLD2014-12034 Parry 1 1 353 Coronado Drive (Parcel B) (345 Coronado also 395 Coronado)96 144 0.962 149.69 48 N/A 6/19/2014 3/18/2022 3/18/2022 HDA2013-08005 / FLD2015-02005 Parry 1 1 405 Coronado Drive (Parcel C)166 1.32 125.76 66 9/18/2014 7/28/2024 7/28/2024 HDA2013-08006 / FLD2015-05016 Parry 1 1 68 114.29 1.26 144 in review status Per BCP2014-06256, DRWGS, TOURIST ‎(2)‎ - Hampton Inn = 90; Quality Inn = 91 HOTEL DENSITY RESERVE PROJECTS - UNDER CONSTRUCTION / CONSTRUCTED 11/17/200939135.421.92255260174 6/13/2015Constructed HOTEL DENSITY RESERVE PROJECTS - APPROVED 100 N/A 12/17/2009 DVA2009- 00002 / FLD2009- 08026; DVA2009- 00003 / FLD2009-08027 (see also FLD2019- 11030) 71 BCP2015-01211 issued 11-13-2015; Permit Status is completed. BTR- 0037618 for 140 units (Residence Inn); BTR-0037619 for 115 units (Springhill Suites); see also HDA2020-08003 / FLD2009-08026B and HDA2020-04002 / FLD2009-08027B for additional information; these additional cases numbers were for the reallocation of the five units that weren't built with the first building permit - they were approved for 260 units but only built 255. The additional noted cases brought back in those five units. Wells FLD2012-03008 approved; time extension granted 04-13-2020: permit expiration is 05-18-2021; BCP2014-08618 issued 08/13/2015; Permit Status is Active. Two TDR applications approved (TDR2018-10002 and 10001) which will transfer five hotel units to the site. The total proposed room count has been updated to include these units. An amendment to the original Development Agreement (listed to the left and given the case file number of HDA2012-03001A) was also submitted as was as an amendment to the approved FLD application (noted to the left and given the case file number of FLD2012-03008A). Notes FLD2015-02005 approved; time extension granted 04-13-2019; Building Permits submitted; BCP2019-040024 listed as "active" as of 08-07-2020; BCP2019-110486 listed as "active" as of 08-07-2020. BCP2020-071064 listed as "active" as of 10-05-2020. Time extension granted 08-20-2021; site plan expiration is 03-18-2022 FLD2014-12034 approved; time extension granted 04-13-2020: site plan expiration is 04-26-2024; BCP not submitted as of 12-21-2020. Time extension granted 08-20- 2021; site plan expiration is 02-12-2026 Site plan approved; see comments above for permitting and other information. FLD2015-05016 approved; time extension granted 04-21-2020; site plan expiration is 10-11-2022; BCP not submitted as of 07-16-2021. Time extension granted 08-20- 2021; site plan expiration is 07-28-2024 405 Coronado Drive (Parcel C) 1st amendment TBD TBD #VALUE!TBD TBD TBD TBD HDA2013-08006A Kadu 401 (421) South Gulfview Boulevard (Alanik)9/18/2014 9/18/2015*9/18/2015*HDA2014-06004 Parry 1 1 401 (421) South Gulfview Boulevard (Alanik) 1st Amendment 8/20/2015 8/16/2021 8/16/2021 HDA2015-06001/FLD2015-09036 Parry 1 1 401 (421) South Gulfview Boulevard (Alanik) 2nd Amendment 248 2.146 114.00 107 N/A 11/21/2019 11/21/2020 12/2/2024 HDA2014-06004A/FLD2015-09036A Parry 1 1 40 Devon Drive (Sea Captain)10/15/2014 2/8/2021 2/8/2021 HDA2014-07004 / FLD2015-02006 Jackson 1 1 40 Devon Drive (Sea Captain) 1st Amendment TBD TBD 2/20/2022 HDA2014-07004A / FLD2015- 02006A Parry 1 1 630 South Gulfview Boulevard (Captain Bligh)100 159 1.19 133.61 59 N/A 11/20/2014 2/27/2022 2/27/2022 HDA2014-08007 / FLD2015-02004 Parry 1 1 691 S. Gulfview Boulevard (the Views)92 202 1.35 149.97 67 N/A 10/16/2013 10/22/2021 10/22/2021 HDA2013-08001 / FLD2013-08028 Nurnberger 1 1 715 South Gulfview Boulevard 93 208 2.313 89.93 115 N/A 2/20/2014 2/20/2022 2/20/2022 HDA2013-12008 / FLD2014-11031 Parry 1 1 355 South Gulfview Boulevard (also 385 S Gulfview)59 88 0.59 149.15 29 N/A 7/20/2017 7/20/2018 12/7/2020 HDA2017-04001 / FLD2017-07012 / APP2017-00001 Parry 1 1 657 Bay Esplanade 10 27 0.35 77.14 17 8/14/2018 9/11/2018 9/11/2019 6/15/2021 HDA2018-04001 / FLD2018-05012 Parry 1 1 850 Bayway 27 60 0.661 90.77 33 N/A 2/7/2019 2/7/2020 9/21/2022 HDA2018-10002 Parry 1 1 405/408/409/411 East Shore Drive 8 75 1.11 67.57 55.5 N/A 7/18/2019 7/18/2020 7/18/2020 HDA2019-03001 / FLD2020-05012 Parry 1 1 309 Coronado (Parcel/Hotel A)3 118 0.9795 120.47 48 N/A 11/19/2020 11/19/2021 6/24/2024 HDA2020-08003 / FLD2009-08026B Parry 1 1 309 Coronado (Parcel/Hotel B)2 142 0.9469 149.96 47 N/A 11/19/2020 11/19/2021 6/24/2024 HDA2020-04002 / FLD2009-08027B Parry 1 1 Total Rooms Allocated from Reserve 927 Total Rooms Proposed 2,425 Address of Receiving Property Rooms Allocated Total Rooms Proposed Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner Total Rooms Pending Allocation 26 4 3 2 16 1 15%12%8%62%4% Total Rooms in Reserve 1,385 Total Rooms Allocated from Reserve 1,385 Total Rooms Pending Allocation 0 Total Remaining For Allocation 0 in review status N/A98117.001.953227 HOTEL DENSITY RESERVE PROJECTS - PENDING N/A32148.700.65998 100 N/A 66 100 Total rooms allocated is 79 which includes 76 units previously allocated and subsequently built; see DVA2009-00002; FLD2009-08026B approved 12-15-2020; Time extension granted 08-20-2021; site plan expiration is 06-24-2024 Notes FLD2015-09036 approved; time extension granted 10-17-2019; site plan expiration is 06-11-2021; BCP not submitted as of 01-08-2020 * The applicant changed the site plan amending the Dev. Agrmt. resulting in a new site plan approval reqm't and Dev. Agrmt expiration dates. In addition, the FLD was also amended - see below. FLD2013-08028 approved; time extension granted 02-09-2018; site plan expiration is 10-22-2021; BCP2020-010379 submitted on 01-15-2020 and is in "active" status; BCP2020-010471 submitted on 01-17-2020 and is in "active" status; BCP2020-110817 submitted on 11-25-2020 and is in "active" status; all as of 07-16-2021. FLD2015-02004 approved; time extension granted 05-31-2019; site plan expiration is 02-27-2022; BCP not submitted as of 12-21-2020 The amendment includes a minor amendment previously approved administratively to the hotel building essentially lowering the overall height and adding a detached dwelling on the portion of the site within the LMDR District. The amendment itself added an SFR on the portion of the site within the LMDR district. Permit extension issued 04-05-2021; expiration is 02-20-2022. FLD2015-02006 approved; time extension granted 07-31-2017; site plan expiration is 02-08-2021; BCP2019-120352 is in "revisions needed" status as of 07-16-2021. HDA2014-06004A approved at 11-21-2019 council meeting; FLD2015-09036A approved 06-16-2020; expires June 16, 2022; No BCP submitted as of 07-16-2021; Time extension granted 08-20-2021; site plan expiration is 12-02-2024 FLD2020-05012 approved November 17, 2020; Expires November 17, 2022; An amendment to the HDA has been submitted for an increase in units and height and is in the review process as of July 16, 2021. BCP not submitted as of 04-15-0219; application has been appealed. The appeal was denied in Circuit Court on 12-09-2020. The petitioner did not move for second tier certiorari (30 days to do) - deadline was 01-08-2020; FLD2021-04011 approved 09-21-2021. The original HDA (HDA2016-09001) expired and the 10 units were returned to the Reserve. The same applicant has resubmitted their application at this address and is therefore listed twice in this sheet, once in this line item and once under units returned to the reserve, below. Time extension granted 04-24-2020; site plan expiration is 06-15-2021 FLD2017-0712 approved; time extension granted 04-24-2019: site plan expiration is 04-06-2022 BCP2019-040435 submitted 04-12-2019; status: revisions needed as 07-16-2021; BCP2019-080810 submitted 08-27-2019 list as "active" as of 07-16-2021 FLD2014-11031 approved; time extension granted 10-17-2019; site plan expiration is 10-19-2022; BCP not submitted as of 01-08-2020 Total rooms allocated is 95 which includes 93 units previously allocated and subsequently built; see DVA2009-00003; FLD2009-08027B approved 12-15-2020; Time extension granted 08-20-2021; site plan expiration is 06-24-2024 Address of Receiving Property Rooms Allocated Rooms Returned Acreage Units / Acre Rooms per Base Density CDB Meeting City Council Approval Site Plan Approval Needed by Final Project Expiration Case Number Planner 706 Bayway 15 15 0.349 42.98 17 N/A 11/20/2014 11/20/2015 11/20/2015 HDA2014-08006 / FLD2015-06025 Parry 625 South Gulfview Boulevard 69 69 0.69 100.00 64 N/A 12/4/2013 11/20/2015 12/4/2016 HDA2013-08007 Parry 657 Bay Esplanade 10 10 0.35 28.57 17 N/A 3/2/2017 3/9/2018 3/9/2018 HDA2016-09001 10 Bay Esplanade 35 35 1.16 TBD 58 N/A TBD TBD TBD HDA2017-12002 300 Hamden Drive (Hotel A) and 316 Hamden Drive (Hotel B)174 5 1.10 4.55 47 11/17/2009 12/17/2009 Constructed 6/13/2015 DVA2009-00003 / FLD2009-08027 and DVA2009-00002 / FLD2009-08026 and FLD2019-11030 Wells Total Rooms Returned 134 HOTEL DENSITY RESERVE UNITS RETURNED TO THE RESERVE BCP2015-01211 issued 11/13/2015; Permit Status is completed. Please see line seven and eight, above for specifics of Hotel A and Hotel B. These two hotels were developed originally as two separate, albeit physically connected, buildings on two separate properties. Subsequent to construction the two properties were joined together through a Unity of Title without City approval. Case FLD2019-11030, currently in review, seeks to rectify this as well as other issues. The two hotels were allocated a total of 174 units from the Reserve and a total of 260 units were proposed. A total of 255 units were actually built. Each respective DVA includes a provision (Section 6.1.5) that provides that any unbuilt units be returned to the Reserve. withdrawn by applicant via email - 10-01-2018 (technically these units were never allocated but are listed here since a case number was created) FLD/FLS application not submitted as of 03-23-2018; does not count towards rooms allocated. Agreement terminated; removed from top two tables; does not count towards rooms allocated. FLD2015-06025 approved on 09-15-15; BCP2016-03372 - submitted 03-15-2016 / BCP2015-12534 - submitted 12/29/2015; both permits in void status. Current permit BCP2017-04049 references FLD2016-12039 which is for Resort Attached Dwellings. HDA Termination pending - scheduled for Council July 20 and August 3, 2017; removed from top two tables; does not count towards rooms allocated. Notes Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9899 Agenda Date: 11/15/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Approve Guaranteed Maximum Price proposals to Keystone Excavators, Inc. of Oldsmar, FL in an amount of $109,450.00 and Khors Construction, Inc., of Pinellas Park, FL in an amount of $121,561.10, each of which includes a 10% contingency, for renovations at the Enterprise Dog Park located at 2671 Enterprise Road pursuant to RFQ 40-20, Construction Manager at Risk (CMAR) Services for Continuing Contracts; approve a first quarter budget amendment to transfer $40,000.00 from project 93286, Parking Lot/Bike Path Resurfacing, to project C2205, Enterprise Road Dog Park Renovation, and authorize the appropriate officials to execute same. (consent) SUMMARY: Enterprise Road Dog Park is one of the most popular dog parks in the Tampa Bay Region and on many days the 35-space parking lot is not able to accommodate those who want to use the park. The Park has been in operation for over 15 years and while it has been well maintained by the Parks and Beautification Division, it requires major renovations. Renovations will include installing new shell paths, sodding, irrigation improvements, repairs to bridge, shade structures, parking lot repairs, water station and replacement of park furniture. On September 17, 2020, Council approved the award of RFQ 40-20, CMAR Services for Continuing Contracts to thirteen firms with Keystone Excavators, Inc. and Khors Construction, Inc., being two of the thirteen firms selected. Keystone Excavators Inc. will regrade and replace the existing shell pathway, remove, and replace existing concrete footers and benches. Khors Construction Inc. will design and rebuild the existing bridge, dog water stations, water fountains, shade structures and dog rinse station . City staff will repair the irrigation system, install sod, and complete other minor repairs at the dog park. These are 90-day contracts which will commence upon issuance of the notice to proceed. Funds recommended to be transferred from CIP 315-93286 will not have an adverse effect on the Parking Lot/Bike Path Resurfacing project as this is one of the parking lots to be addressed this year. The Park will be closed during construction but when finished will be a great improvement for Page 1 City of Clearwater Printed on 11/10/2021 File Number: ID#21-9899 all to enjoy. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will provide a transfer of $40,000.00 from capital improvement project 93286, Parking Lot/Bike Path Resurfacing, to capital improvement project C2205, Enterprise Road Dog Park Renovation, to provide remaining funding needed for these contracts. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 11/10/2021 KEYSTONE EXCAVATORS, INC. 371 Scarlet Blvd CUC 056698 Oldsmar, FL 34677 FPSCV 725207000196 Phone 813-854-2342 Fax 813-854-2993 October 14, 2021 TO: Leroy Chin, Park, Planning & Project Manager City of Clearwater – Parks & Recreation Department 100 S. Myrtle Ave., Suite 120 Clearwater, FL 33756 RE: ENTERPRISE DOG PARK As requested, enclosed is the proposal for construction at __ENTERPRISE DOG PARK_, submitted in accordance with technical specs/plans/study/clarifications of this letter/attached line item work,etc., for a Guaranteed Maximum Price of __$109,450.00__. Scope of Work: Furnish and install screenings and washed shell at Enterprise Dog Park. Cost Detail: Description Amount Cost of Work $99,500.00 Contingency _10_% $ 9,950.00 Guaranteed Maximum Price $109,450.00 Project Duration shall be _60_ calendar days from the date of the Notice to Proceed. Existing Contract: This proposal is submitted in conjunction with the existing Construction Manager at Risk Services Continuing Contract entered into with the City of Clearwater on September 23, 2020, based on RFQ #40-20. KEYSTONE EXCAVATORS, INC. 371 Scarlet Blvd CUC 056698 Oldsmar, FL 34677 FPSCV 725207000196 Phone 813-854-2342 Fax 813-854-2993 If GMP Exceeds $150,000: Per Section III, Article 5.1 of the Contract Specifications, the contractor shall provide to the public entity a certified copy of the recorded bond. Once the City receives a certified copy of the recorded bond, a Notice to Proceed may be issued. Include the attached bond form as well as the Power of Attorney. For work performed, invoices shall be submitted to the City of Clearwater, Engineering Dept., Attn: Veronica Josef, Senior Staff Assistant, P.O. Box 4748, Clearwater, Florida, 33758-4748. Contingency services may be billed only after written authorization is provided by the City to proceed with those services. KEYSTONE EXCAVATORS, INC. By: _________________________________ Robert C. Fornwalt President _____________________________________ Date CITY OF CLEARWATER, FLORIDA Approved as to form: Attest: ____________________________ By: _______________________________ Owen Kohler Rosemarie Call Assistant City Attorney City Clerk Countersigned: Frank V. Hibbard Micah Maxwell Mayor Interim City Manager Date Date PROPOSAL October 13, 2021 TO: Leroy Chin City of Clearwater –Parks and Recreation Dept. 100 S. Myrtle Ave., Suite 120 Clearwater, FL 33756 RE: Enterprise Dog Park Improvements Rev. 10-13-21 2671 Enterprise Rd. E. Clearwater, FL. 33759 Dear Mr. Chin, I am pleased to submit the following Construction Management Proposal to complete the following scope of work by for a Guaranteed Maximum Price of $121,561.10. (One hundred, twenty-one thousand, five hundred, sixty-one and 10/100 dollars). Scope of Work and Cost Detail: We will provide supervision, labor, materials as specifically noted, and equipment to complete the scope of work as more specifically outlined below. Item Amount Bridge Rebuild $ 12,690.00 Bridge Materials $ 12,701.33 Caps Measure Cut Secure Black PVC Cap(x20) $ 1,900.00 6" Concrete SOG 8x28 (Backfill compact, Xp. Joint., Cap PVC, Remove and Reinstall Bike Rack) $ 9,513.61 Paint Canopy Structure (Tnemic Spec) $ 5,096.00 Sikkens on Bridge $ 4,368.00 Dog Waterers (x8) and (x1) Man Watering Deck Rebuild $ 38,292.75 Equipment, Dumpster, Signage, and Temp. Barricades $ 4,951.41 CMAR FEE, Supervision, Insurance $ 20,997.00 Sub-Total $ 110,510.09 Owner Contingency $ 11,051.01 Grand Total $ 121,561.10 Bridge Rebuilding— 1. Demolish and proper disposal of 4x6 decking material and railing cap and cut pilings. 2. Furnish and install new 4x6x12PT Decking Material with ¼” spacing, and minimum 8” Timber-lok Structural Screws (2 screws per joist). 3. Furnish and install new 5/4” Barefoot Grey Weardeck Railing Cap fastened with stainless steel composite screws. 4. Furnish and install 2 sister 2x12’s block and level as required. 5. Remove bottom railing board to cut bottom of chain link fence. 6. Reinstall bottom railing board and sandwich, cut chain-link fencing with new PT2x4. 7. Pressure wash bridge complete. 8. Apply PPG Sikkens 2 coats upon completion to all lumber above decking on structure. 9. Cut 20 approximately 1’ off tops of existing pilings and furnish and install 20 PVC piling caps. Dog Park Improvements 10. Tnemic Painting--Dog-wash-tie pole, dog-wash water supply pole, and canopy steel support structure complete for awning adjacent to parking area Tnemic Paint Fireweed Red. • Surface Preparation: o Clean per SSPC-SP1. o Thoroughly and uniformly de-gloss all surfaces using medium grit sandpaper or similar. o Prepare bare metal in accordance with SSPC-SP2 or SSPC-SP3 Hand or Power Tool Cleaning. o All surfaces must be clean, dry, and contaminant-free prior to coating. • Spot Prime (Bare Metal Only): Series 135 @ 4.0 – 6.0 mils. • Prime Coat (All Surfaces): Series 1096 @ 2.0 – 5.0 mils. • Finish Coat (All Surfaces): Series 1071V @ 2.0 – 3.0 mils. 11. Concrete Replacement--Sawcut, remove, and replace approximately 14’ x 28’ of 6” concrete slab-on-grade. Cut and cap below grade 5 PVC aeration pipes, backfill and compact, remove and reset back rack, install expansion joints, finish, and sawcut concrete to match existing. All concrete shall be 3000psi with commercial fiber reinforcement. 12. Dog Waterer Rebuilding (8 locations) • In accordance with drawing detail furnished by owner. Pig Bowl Timber and Pig Bowl/Plumbing Hardware furnished by owner all other labor and materials are included in this proposal. 13. Man Watering Deck (1 location) • Provide new Wear Decking and Wear Deck handrails 5/4” x 6” Wear deck. 3 horizontals and 1 cap rail. All joists and railing 4x4 supports to be reused. • Remove, paint drinking fountain with dog paw artwork, and reinstall upon completion of deck. OPTIONAL DEDUCT: Deduct $3,000.00 to substitute Tnemic Specification on canopy steel to Sherwin Williams Specification below: 1.) De-gloss steel poles by mechanically abrading. 2.) Apply Ospho to rusted areas. 3.) Sand said rusted areas to smooth finish. 4). Apply #B69A00045 Zinc Clad Organic Rich Primer Gray Green to any bare steel. 5.) Apply first coat to all poles using product #B58W00610 Fast Cure Epoxy Part A Mill White, along with product #B58V00600 Fast Cure Epoxy Part B Hardener, 1 gallon. 6.) Apply second coat, using product #B65W00311 Hi-Solids Polyurethane Gloss Part S Extra White Tint/Tint, along with product #B60V00030 Hi-Solids Polyurethane Hardener, 1 gallon to 1 quart. Exclusions: 1. Permitting. 2. Temporary fencing and park closure. 3. Removal and reinstallation of canvas awning. 4. Performance Bond. Project Duration shall be 90 calendar days from mutually agreed upon date of notice to proceed. Existing Contract: This proposal is submitted in conjunction with the existing Construction Manager at Risk Services Continuing Contract entered into with the City of Clearwater on 09/20/2020 based on RFQ #40-20. If GMP Exceeds $150,000: Per Section III, Article 5.1 of the Contract Specifications, the contractor shall provide to the public entity a certified copy of the recorded bond. Once the City receives a certified copy of the recorded bond, a Notice to Proceed may be issued. Include the attached bond form as well as the Power of Attorney. (If GMP is less than $150,000 a bond is not required.) For work performed, invoices shall be submitted to the Leroy Chin Project Manager, City of Clearwater-- Parks and Recreation Department 100 S. Myrtle Ave., Suite 120 Clearwater, FL 33756. Contingency services may be billed only after written authorization is provided by the City to proceed with those services. KHORS CONSTRUCTION, INC. By:___________________ ______________________ Kori Khorsandian Date President CITY OF CLEARWATER, FLORIDA Countersigned: ____________________________ _______________________________ Frank Hibbard Micah Maxwell Mayor Interim City Manager Approved as to form: Attest: ____________________________ ___________________________________ Owen Kohler Rosemarie Call City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9919 Agenda Date: 11/15/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 3.2 SUBJECT/RECOMMENDATION: Approve purchase orders to Playmore West, Inc., of Fort Myers, FL, for $149,892.20 and Rep Services, Inc., of Longwood, FL for $124,621.97, each of which includes a 10% contingency, for the purchase and installation of playground equipment at the Long Center, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c) Piggyback, and approve a first quarter budget amendment to transfer $53,000.00 from project 93278, Long Center Infrastructure Repairs, to project 93637, Playground Equipment Purchase and Replacement, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater has 27 playgrounds located throughout the city. Staff inspects all playgrounds for safety purposes bi-monthly and performs maintenance as needed. This proactive maintenance program allows for most playground equipment to last a minimum of 12 to 15 years. During Fiscal Year 2022, playground equipment is scheduled to be refurbished at the Long Center’s Sunshine Limitless Playground. These contracts will include replacement of ground to deck ramps, interactive play features, and refurbishment and replacement of age-appropriate equipment. These contracts are for a period of 90 days, to begin in January 2022. By utilizing the same companies who originally installed the playground, the City is able to replace parts rather than having to replace the entire playground, which could cost as much as $600,000 to $700,000 to replace. The proposed pricing for Playmore West, Inc. dba Playmore Recreational Products and Services, is established under a contract with the School District of Manatee County (SDMC), pursuant to Agreement No. 21-0053-MR, Park and Playground Equipment. Playmore West, Inc. was approved by the SDMC for the term September 1, 2020 through August 31, 2023. The proposed pricing for Rep Services, Inc. is established under the Clay County Board of County Commissioners, pursuant to RFP No. 18/19-2, Various Equipment and Amenities for Parks and Playgrounds. Rep Services, Inc. was approved by the Clay County Board of County Commissioners for the term May 28, 2019 through May 27, 2022. Page 1 City of Clearwater Printed on 11/10/2021 File Number: ID#21-9919 APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will provide a transfer of $53,000.00 from capital improvement project 93278, Long Center Infrastructure Repairs, to capital improvement project 93637, Playground & Fitness Equipment Purchase & Replacement, to provide remaining funding needed for these contracts. USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 11/10/2021 Client: 10/21/21 1 Page Job: Long Center PG Parts/Labor/PIP 1501 N. Belcher Rd Clearwater FL 33765 QUOTATION City of Clearwater PO Box 4748 Clearwater FL 33758 10271 Deer Run Farms Road, Suite 1 Fort Myers, FL 33966 (239) 791-2400 (239) 791-2401 fax (888) 886-3757 toll free www.playmoreonline.com 15833 Job Number: Sales Rep: Terms: Net 30 ORIGINAL SO# 0605218 DOES NOT INCLUDE ANY ADDITIONAL HARDWARE, TOOLS, INSTALLATION OR OTHER PRODUCTS & SERVICES. REPLACEMENT PARTS ARE BASED ON INFORMATION RECEIVED FROM THE CUSTOMER. PLAYMORE WILL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS TO REPLACEMENT PARTS. Notes: E Eric Feingold Leroy Chin 727-224-7101 Item Description Quantity Cost Subtotal 1 EQUIPMENT ZZPM4646 STOREFRONT PANEL 1 $1,004.21 $1,004.21 ZZPM7666 SOLAR CLIMBER (72'' DECK) 1 $3,570.53 $3,570.53 ZZPM6986 INCLINED CLIFF HANGER (84'' DECK) 1 $3,896.84 $3,896.84 GROUND TO DECK RAMPS BPM0037 PLATFORM - 6.26in x 41.54in x 1 $1,425.26 $1,425.26 BPM0038 PLATFORM - 6.25in x 41.54in x 1 $1,425.26 $1,425.26 BOUNCE & STATIONARY BUTTONS BPL3141FRG STEP- BOUNCE BUTTON CAP 8 $264.21 $2,113.68 BPL3142FRG STEP- BOUNCE BUTTON SKIRT 8 $343.16 $2,745.28 BAE0600 WASHER - 1in O.D. FLAT - 32 $0.19 $6.08 BAE0664 BOLT -3/8in-16 X 1in BUTTON HD 32 $0.94 $30.08 BPL0300FRG CAP- 3/8in BOLT 8 $2.56 $20.48 BAE06677 BOLT- 3/8in-1x 2-3/4in BUTTON 8 $2.34 $18.72 BAE0595 WASHER - 3/8in SAE FLAT - 8 $0.11 $0.88 LILY PODS BPL3144 STEP- LILY POD CAP (2) PLUM, (3) FRG 5 $264.21 $1,321.05 BPL3142 STEP- BOUNCE BUTTON SKIRT (2) PLUM, (3) FRG 5 $343.16 $1,715.80 AFR1002PLM HANDLE- 1.315in OD X 79.2in W/ 5 $350.65 $1,753.25 ABC0074 CONNECTOR - .31in CHAIN 10 $6.48 $64.80 BAE0667 BOLT-3/8in-16 X 1-1/4in BUTTON 10 $1.55 $15.50 ACN0038 CHAIN- 10in, 4/0 SILVER SHIELD 5 $6.48 $32.40 AAU0081PLM CONNECTOR - 1.69in x 3.50in 5 $63.29 $316.45 BAE0600 WASHER - 1in O.D. FLAT - 20 $0.19 $3.80 BAE0664 BOLT -3/8in-16 X 1in BUTTON HD 20 $0.94 $18.80 Contact: Fax: Phone: Email: Revision: Client: 10/21/21 2 Page Job: Long Center PG Parts/Labor/PIP 1501 N. Belcher Rd Clearwater FL 33765 QUOTATION City of Clearwater PO Box 4748 Clearwater FL 33758 10271 Deer Run Farms Road, Suite 1 Fort Myers, FL 33966 (239) 791-2400 (239) 791-2401 fax (888) 886-3757 toll free www.playmoreonline.com 15833 Job Number: Revision: E Item Description Quantity Cost Subtotal CRESCENT CLIMBERS BPL0067FRG CLIMBER - STACKABLE BEAD 5 $322.11 $1,610.55 BPL0066PLM CLIMBER - STACKABLE STEP 13 $402.11 $5,227.43 ROCKWALL HANDHOLDS AAU0067CHR HANDLE - SMALL 10 $36.84 $368.40 AAU0068SED HANDLE - MEDIUM 10 $53.68 $536.80 AAU0069DUN HANDLE - LARGE 10 $62.25 $622.50 BAE0600 WASHER - 1in O.D. FLAT - 15 $0.19 $2.85 BAE0632 NUT -3/8in-16 X 1-1/4in BARREL 15 $5.12 $76.80 BAE0682 BOLT-3-8/16in x 3-3/4in BUTTON 15 $14.74 $221.10 SWING PARTS ZZXX0038 WEAR MAT (36'' x 36'' x 2'') 4 $196.84 $787.36 ZZXX0127 3.5IN SWING HANGER W/ HARDWARE UNPAINTED 8 $115.79 $926.32 ZZXX0224 ACCESSIBLE SWING SEAT (8' RAIL) 1 $1,169.47 $1,169.47 ZZXX0260 BELT SEAT w/SILVER SHLD CHAIN (8' RAIL) 2 $148.42 $296.84 ZZXX0265 INFANT SEAT w/SILVER SHLD CHAIN (8' RAIL) 1 $265.26 $265.26 LIFT ME UP PARTS AFM1438PLM CONNECTOR- 43in CENTERLINE 2 $707.37 $1,414.74 AMC0103 BEARING- .505in ID X .690in OD 4 $6.48 $25.92 BAE0784 BOLT-1/2in-13 X 2-1/4in BUTTON 4 $31.83 $127.32 AAU0042PLM SEAT - 8.5in X 12in W/2 1 $93.56 $93.56 BAE0600 WASHER - 1in O.D. FLAT - 2 $19.00 $38.00 BAE0659 BOLT - 3/8in-16 X 3/4in BUTTON 2 $0.91 $1.82 ANGLED CLIMBER ABC0302YLW BRACKET-1.315in OD x 19.26in x 1 $128.42 $128.42 AAU0041PLM CASTING- CRITTER CROSSING POD 1 $89.47 $89.47 BAE0665 BOLT - 3/8in-16 X 1-3/4in 2 $2.56 $5.12 BAE0659 BOLT - 3/8in-16 X 3/4in BUTTON 1 $0.91 $0.91 BAE0595 WASHER - 3/8in SAE FLAT - 1 $0.11 $0.11 Client: 10/21/21 3 Page Job: Long Center PG Parts/Labor/PIP 1501 N. Belcher Rd Clearwater FL 33765 QUOTATION City of Clearwater PO Box 4748 Clearwater FL 33758 10271 Deer Run Farms Road, Suite 1 Fort Myers, FL 33966 (239) 791-2400 (239) 791-2401 fax (888) 886-3757 toll free www.playmoreonline.com 15833 Job Number: Revision: E Item Description Quantity Cost Subtotal PANELS ZZPM4807 OVAL INSERT PANEL (DECK MOUNT) 7 $969.47 $6,786.29 ZZPM4808 OVAL INSERT PANEL (GROUND LEVEL) 1 $985.26 $985.26 ZZUN4786 RAINBOW INSERT 1 $876.84 $876.84 ZZUN4792 CATACOMBS PANEL INSERT 2 $854.74 $1,709.48 ZZUN4793 CONSTRUCTION PANEL INSERT 1 $1,581.05 $1,581.05 ZZUN4806 SHIFTING SANDS PANEL INSERT 1 $1,030.53 $1,030.53 ZZUN4795 GEAR PANEL INSERT 1 $1,282.11 $1,282.11 ZZUN4798 BALL MAZE PANEL INSERT 1 $724.21 $724.21 ZZUN4818 MOVE IT INSERT 1 $1,187.37 $1,187.37 MAIN PG CLAMPS & HARDWARE AAU0184PLM CLAMP- 5in DECK HANGER DIE CST 82 $66.45 $5,448.90 BAE0020 RIVET - .25in X .687in ALUMIN 172 $0.38 $65.36 BAE0662 BOLT - 3/8in-16 X 1-1/4in TAMP 147 $2.56 $376.32 AAU0551PLM CLAMP- 5in CENTERLINE DIE CAST 44 $66.45 $2,923.80 AAU0620PLM CLAMP- 5in OFFSET CENTERLINE 38 $60.00 $2,280.00 AAU0145PLM CLAMP - 5in PIPE DIE CAST 2 $62.25 $124.50 FREESTANDING PANEL AREA BPL0107ORN PLUNGER- 6.63in DIA x 3.88in (HORN PANEL) 1 $205.26 $205.26 BPL0108 BELLOW- 5.50in DIA x 7.63in (HORN PANEL) 1 $37.89 $37.89 AMC0185 #12 WORM DRIVE HOSE CLAMP (HORN PANEL) 1 $6.48 $6.48 AMC0165 MISC- 1.63in DIA x 7.50in HORN (HORN PANEL) 1 $207.37 $207.37 AAU0620BLU CLAMP- 5in OFFSET CENTERLINE 18 $60.00 $1,080.00 AAU0620FRG CLAMP- 5in OFFSET CENTERLINE 22 $60.00 $1,320.00 BAE0662 BOLT - 3/8in-16 X 1-1/4in TAMP 40 $2.56 $102.40 BAE0020 RIVET - .25in X .687in ALUMIN 40 $0.38 $15.20 AAU0098WHT HANDLE- 1.5in X 3.5in CHIME 6 $56.08 $336.48 ZZPM4408 ACCESSIBLE BUGS PANEL 1 $1,455.79 $1,455.79 BFC0083BLU SHEET- OVAL KNOB. (DRIVER HALF PANEL) 1 $30.53 $30.53 BAE0161 NUT - 1/4in-20 X 7/16in BUTTO 1 $2.06 $2.06 BAE0033 WASHER - .343in ID X 1.50in OD 1 $0.38 $0.38 AMC0097 CONNECTOR- 1 DIA X .57 W/ HOLE 1 $3.16 $3.16 BAE01524 BOLT - 1/4in-20 X 3/4in BUTTON 1 $0.41 $0.41 Client: 10/21/21 4 Page Job: Long Center PG Parts/Labor/PIP 1501 N. Belcher Rd Clearwater FL 33765 QUOTATION City of Clearwater PO Box 4748 Clearwater FL 33758 10271 Deer Run Farms Road, Suite 1 Fort Myers, FL 33966 (239) 791-2400 (239) 791-2401 fax (888) 886-3757 toll free www.playmoreonline.com 15833 Job Number: Revision: E Item Description Quantity Cost Subtotal ADDITIONAL HARDWARE & STICKERS BAE0664 BOLT -3/8in-16 X 1in BUTTON HD 70 $0.94 $65.80 BAE0600 WASHER - 1in O.D. FLAT - 70 $0.19 $13.30 BAE0595 WASHER - 3/8in SAE FLAT - 70 $0.11 $7.70 BAE0620 NUT - 3/8in-16 LOCK W/ NYLON 50 $0.59 $29.50 BAE0632 NUT -3/8in-16 X 1-1/4in BARREL 20 $5.12 $102.40 BAE0659 BOLT - 3/8in-16 X 3/4in BUTTON 20 $0.91 $18.20 BAE0666 BOLT-3/8in-16 X 1-1/4in BUTTON 20 $1.15 $23.00 BAE0665 BOLT - 3/8in-16 X 1-3/4in 20 $2.56 $51.20 BAE06675 BOLT - 3/8in-16 X 2-1/4in 20 $2.56 $51.20 BAB0032 LABEL-TAMPER RESISTANT SURFACE 6 $0.20 $1.20 ALB0025 SHEET OF AGE LABELS - 1 EACH 6 $7.17 $43.02 ALB0030 LABEL-HOOD STRING ENTANGLEMENT 6 $1.28 $7.68 BAD6000 4.5 OZ AEROSOL CAN OF SPRAY 24 $22.85 $548.40 **(12) Yellow (6) Forest Green (6) Plum BAD6010 4.5 OZ AEROSOL CAN GREY RUST- 12 $14.00 $168.00 ZZUN9935 PIPE SYSTEMS MAINTEANCE KIT W/O AEROSOL 3 $240.00 $720.00 Discount School District of Manatee County Contract # 21-0053-MR -1 $3,478.61 -$3,478.61 Discount Courtesy Discount -1 $250.00 -$250.00 Subtotal:$65,843.64 2 FREIGHT Freight PLAYWORLD FREIGHT 1 $3,275.00 $3,275.00 Subtotal:$3,275.00 Client: 10/21/21 5 Page Job: Long Center PG Parts/Labor/PIP 1501 N. Belcher Rd Clearwater FL 33765 QUOTATION City of Clearwater PO Box 4748 Clearwater FL 33758 10271 Deer Run Farms Road, Suite 1 Fort Myers, FL 33966 (239) 791-2400 (239) 791-2401 fax (888) 886-3757 toll free www.playmoreonline.com 15833 Job Number: Revision: E Item Description Quantity Cost Subtotal 3 INSTALLATION PSI Installation Installation of New Playworld Equipment 1 $34,786.00 $34,786.00 Installation Removal of parts to be painted (by customer) & Re-Install 1 $2,000.00 $2,000.00 Installation Pressure Washing 1 $2,000.00 $2,000.00 Disposal Dumpster 1 $4,000.00 $4,000.00 Installation PIP - Scope of Work: 1 $24,361.00 $24,361.00 1. Install 2" bonded rubber at (2) locations (currently flexi- pave) 430sf & 382sf 2. Install 4" bonded rubber at (6) tree rings / color: blue 3. Install 1/2" PIP at qty 12) 1sf circles / colors 100% std colors (tan, green, blue and terracotta) qty 3 of each color Subtotal:$67,147.00 Grand Totals:$136,265.64 Client: 10/21/21 6 Page Job: Long Center PG Parts/Labor/PIP 1501 N. Belcher Rd Clearwater FL 33765 QUOTATION City of Clearwater PO Box 4748 Clearwater FL 33758 10271 Deer Run Farms Road, Suite 1 Fort Myers, FL 33966 (239) 791-2400 (239) 791-2401 fax (888) 886-3757 toll free www.playmoreonline.com 15833 Job Number: Revision: E Client: 10/21/21 7 Page Job: Long Center PG Parts/Labor/PIP 1501 N. Belcher Rd Clearwater FL 33765 QUOTATION City of Clearwater PO Box 4748 Clearwater FL 33758 10271 Deer Run Farms Road, Suite 1 Fort Myers, FL 33966 (239) 791-2400 (239) 791-2401 fax (888) 886-3757 toll free www.playmoreonline.com 15833 Job Number: Revision: E Client: 10/21/21 8 of 8 Page Job: Long Center PG Parts/Labor/PIP 1501 N. Belcher Rd Clearwater FL 33765 QUOTATION City of Clearwater PO Box 4748 Clearwater FL 33758 10271 Deer Run Farms Road, Suite 1 Fort Myers, FL 33966 (239) 791-2400 (239) 791-2401 fax (888) 886-3757 toll free www.playmoreonline.com 15833 Job Number: Revision: E Attn: Proposed To: City of Clearwater Attn:Leroy Chin Page 1 of 2 Ship To: TBD at a later date Bill To: City of Clearwater Attn:Leroy Chin 165 W. Jessup Ave. Longwood, FL 32750-4146 Rep Services, Inc. Please mail POs, contracts and checks to: Proposal No:18007.09 Proposal Date:10/15/2021 Opt/Rev:B/4 Proposal Name:The Long Center Global Motion Project Location:1501 N. Belcher Road Clearwater, FL 33765 Project County: Pinellas Project Contact:Leroy Chin Sales Consultant:Scott Brushwood 727-539-8457 Proposal Expires:1/5/2022 For Questions Contact:Jason Smith 407-853-3595 Printed:10/15/21 - JS Project Name:The Long Center Playground RenovationProject No:18007 scott@repservices.com jason@repservices.com    Parks and Recreation Department 100 S Myrtle Ave Clearwater, FL 33756-5520 Parks and Recreation Department 100 S Myrtle Ave Clearwater, FL 33756-5520 CGC1508223 QtyPart No Description Unit Price Net Price Ext PriceClass Landscape Structures 579909 Disc Proj Drawings:Vendor: Global Motion DB Only 30,546.60-2.0%Kids In Motion 30,546.6031,170.00IP218915A-001 1 EA $33,146.60 $30,546.60Discount per the Clay County Contract #18/19-2: $623.40 Landscape Structures Total: Product Subtotal: Freight: Prepaid Ship Method: Best Way FOB: Destination Weight: 1,555 lbs Freight Charge:$2,600.00 579910 Item Qty Description Installation By RSI Installer: The scope includes the following, as required: INS-LSI 1 LT Equipment Installation -Landscape Structures Global Motion $7,484.00RSI Installer Total: Net 30 Basis of Proposal Our proposal is based upon your request to install a LSI Global Motion Estimated project completion schedule (This schedule starts when all needed information to direct engineering has been gathered.) 2 Weeks: Submittals 12 Weeks Longest manufacturing lead time. (Typical for scheduling.) 1 Week Shipping 1 Weeks Installation of equipment 16 Weeks TOTAL WEEKS Note that RSI is committed to do all it can to meet the needs of your project. Landscape Structures: When placing an order, please select colors from those shown on pages 262-269 of the catalog. The Owner/Operator shall install protective surfacing in accordance with specifications F1292 and F1951, as applicable (ref. ASTM F3101-15 10.2). Protective surfacing material must have a critical height value to meet the maximum fall height for the equipment and be accessible (ref. ASTM F3101). Installation: Unless otherwise noted, the following items are to be PROVIDED BY CUSTOMER prior to installation: To Be Provided by customer: Demo of existing net climber and it's foundations Removal of existing mulchSupply and install new mulch Access for machines and labor crew to equipment installation location. Storage or Staging area. Permit filing and permit Fees assessed by the Building Dept. Signed & sealed site plan or survey. $30,546.60 Freight:$2,600.00 Product: Proposal Total:$40,630.60 Installation:$7,484.00 General Terms of Sale and Proposal Summary Notes DateAuthorized ByCompany Name As Its: Printed Name (Title) Proposal No: 18007.09 Project Name: The Long Center Playground Renovation Proposal Date: 10/15/2021 Page 2 of 2 All site work, site preparation and base preparation. Private underground utilities located and marked prior to installation. Sod & Landscape Restoration. Soils testing. Tree survey.Site security. Dumpster. Water and 110 Electric. Dewatering and drainage considerations. Concrete testing. Installation Charges on this proposal are based on NO UNFORESEEN conditions in the area, above or below the surface. If unforeseen conditions arise,the installation charges will change to reflect additional costs associated with dealing with those circumstances. Examples of this include, but are not limitedto: site not ready upon installer's arrival, underground utilities, or difficulties with footers due to coral rock or ground water in the holes. Orders are shipped within our manufacturer's standard lead times. Requests for delayed shipping may result in additional costs due to increases in freight,material costs or other factors. To secure the prices on this proposal, the offer must be accepted prior to the expiration date noted. Also, please be aware that we generate separate invoices for product at the time of delivery, then we invoice for installation upon completion. This is the customary approach in construction and eliminates sales tax on installation services. If your project should include products from multiple manufacturers, be advised that the products will be invoiced separately. If, during the performance of this contract, the price of an input increases 3% or more as documented by factory quotes, invoices or receipts to contractor (Rep Services, Inc.) from the date of the contract signing the price of shall be equitably adjusted by an amount reasonably necessary to cover such price increases. Where the delivery of an input is delayed, through no fault of contractor (RSI) as a result of the shortage or unavailability of an input, contractor (RSI) shall not be liable for any additional costs or damages associated with such delay(s). The undersigned warrants that he/she is an authorized representative of the company noted and has the requisite authority to bind said company and/or principal. If any particular billing is not paid when due, all outstanding balances, regardless of prior terms, will become immediately due and owing upon demand. Interest on past due amounts will be assessed at 1 ½ % per month or the maximum interest rate permitted by applicable law, whichever is less. Should it become necessary for either party to this contract to institute legal action for enforcement of any provisions of this contract, the prevailing party shall be entitled to reimbursement for all court costs and reasonable attorney’s fees incident to such legal action. The parties hereto agree that proper venue for any legal action in any way related to this contract shall be in Pinellas County, FL. All terms and conditions as stated in Clay County Contract #18/19-2 are incorporated by reference and considered part of this Contract. Accepted By: City of Clearwater Attn: Proposed To: City of Clearwater Attn:Leroy Chin Page 1 of 3 Ship To: TBD at a later date Bill To: City of Clearwater Attn:Leroy Chin 165 W. Jessup Ave. Longwood, FL 32750-4146 Rep Services, Inc. Please mail POs, contracts and checks to: Proposal No:18007.10 Proposal Date:10/15/2021 Opt/Rev:A/6 Proposal Name:The Long Center Playground Renovation Project Location:1501 N. Belcher Road Clearwater, FL 33765 Project County: Pinellas Project Contact:Leroy Chin Sales Consultant:Scott Brushwood 727-539-8457 Proposal Expires:1/5/2022 For Questions Contact:Jason Smith 407-853-3595 Printed:10/15/21 - JS Project Name:The Long Center Playground RenovationProject No:18007 scott@repservices.com jason@repservices.com    Parks and Recreation Department 100 S Myrtle Ave Clearwater, FL 33756-5520 Parks and Recreation Department 100 S Myrtle Ave Clearwater, FL 33756-5520 CGC1508223 QtyPart No Description Unit Price Net Price Ext PriceClass Landscape Structures 579690 Disc Proj Drawings:18007-1-3Vendor: Freestanding Play Slant Entrance Panel 2"SM 1,435.70-2.0%Enclosures 1,435.701,465.00PB115242B-001 1 EA Chimes Panel Ground Level -Under 56"Dk 1,793.40-2.0%1,793.401,830.00PB115243A-004 1 EA Gear Panel Ground Level -Under 56"Dk 2,293.20-2.0%2,293.202,340.00PB117146A-004 1 EA Ring-A-Bell Panel Ground Level 1,759.10-2.0%1,759.101,795.00PB159459B-001 1 EA Bongo Panel Ground Level 1,274.00-2.0%1,274.001,300.00PB164092B-001 1 EA Fun Mirror Panel Ground Level 2,655.80-2.0%2,655.802,710.00PB173563A-001 1 EA Xylofun Panel Ground Level 2,822.40-2.0%2,822.402,880.00PB173565B-001 1 EA Marble Panel Ground Level 2,675.40-2.0%2,675.402,730.00PB173567B-001 1 EA Color Splash Panel -Ground Level 3,332.00-2.0%3,332.003,400.00PB177712B-001 1 EA Rain Sound Wheel Panel -Ground Level 2,479.40-2.0%2,479.402,530.00PB177718B-001 1 EA 86"Alum Post For Roof 2"SM 1,862.00-2.0%Posts 465.50475.00PB111403I-002 4 EA 52"Alum Post 2"SM 2,156.00-2.0%431.20440.00PB111404I-002 5 EA 44"Alum Post 2"SM 813.40-2.0%406.70415.00PB111404J-002 2 EA Super Square Shingle Roof Perm 3,469.20-2.0%Roofs 3,469.203,540.00PB130102A-001 1 EA $30,821.00Freestanding Play Total: PlayBooster 2-12 upcharge for custom color request 0.00-2.0%Custom 0.000.00COLOR UPCHARGE 1 EA $0.00PlayBooster 2-12 Total: $36,421.00 $30,821.00 3 Sets of Signed & Sealed Engineering:$1,700.00 Discount per the Clay County Contract #18/19-2: $629.00 Landscape Structures Total: Product Subtotal: Freight: Prepaid Ship Method: Best Way FOB: Destination Weight: 1,162 lbs Freight Charge:$3,900.00 QtyPart No Description Unit Price Net Price Ext PriceClass Landscape Structures 579907 Disc Proj Drawings:Vendor: 3/8" Tee Nut, Sst 13.20-2.0%Parts 1.651.681003518 EA 3/8" X 1-3/8" B.H. Cap Screw With Pin, Sst Patch 14.16-2.0%1.771.811130278 EA 3/8" Jam Nut, Sst 5.60-2.0%0.700.711282968 EA Cover Seesaw Bolt Molded 59.60-2.0%7.457.601563708 EA Spcr 9/16 Od Step Alum 22.24-2.0%2.782.841854718 EA INST/PG Maintenance STAND-UP SEESAW RETRO KIT 0.00-2.0%0.000.002220981 EA $129.10 $114.80Discount per the Clay County Contract #18/19-2: $2.32 Landscape Structures Total: Product Subtotal: Freight: Prepaid Ship Method: UPS Ground FOB: Destination Freight Charge:$14.30 QtyPart No Description Unit Price Net Price Ext PriceClass Foreverlawn Tampa Bay 580276 Disc Proj Drawings:Vendor: Proposal Date:10/15/2021 Page 2 of 3 Proposal No:18007.10 Project Name:The Long Center Playground Renovation Removal and disposal of 182 sf of PIP in the additional areas to be replaced. Concrete slab to remain in place.918.75-2.0%Custom 918.75937.50OTHER1 EA Foreverlawn Playground Grass Ultra: Olive green, Xstatic, antimicrobial; 15-yr waranty; crumb rubber infill 24,862.50-2.0%Surfacing 19.5019.90PGG ULTRA 1,275 EA Foreverlawn Playground Grass Ultra: Xstatic, antimicrobial; 15-yr warranty; crumb rubber infill. Fully installed over concrete slab 3,858.75-2.0%17.1517.50PGG ULTRA 225 EA $29,640.00 Discount per the Clay County Contract #18/19-2: $607.50 Foreverlawn Tampa Bay Total: Freight: Prepaid Ship Method: Best Way FOB: Destination Freight Charge:Included 579908 Item Qty Description Installation By RSI Installer: The scope includes the following, as required: INS-LSI 1 LT Equipment Installation -Landscape Structures design 18007-1-3-New ground level panels to surface mount to existing slab -Replacement seesaw bolt covers, (8) bolt covers in total for (2) existing seesaws $6,472.00RSI Installer Total: Net 30 Basis of Proposal Our proposal is based upon various renovations to the Long Center Playground -Add new surface mount ground level panels to existing slab -Replace (8) bolt covers on (2) existing seesaws -Replace playground grass entry ramps in various areas Estimated project completion schedule (This schedule starts when all needed information to direct engineering has been gathered.) 2 Weeks: Submittals 12 Weeks Longest manufacturing lead time. (Typical for scheduling.) 1 Week Shipping 2 Weeks Installation of equipment 17 Weeks TOTAL WEEKS Note that RSI is committed to do all it can to meet the needs of your project. Landscape Structures: When placing an order, please select colors from those shown on pages 262-269 of the catalog. The Owner/Operator shall install protective surfacing in accordance with specifications F1292 and F1951, as applicable (ref. ASTM F3101-15 10.2). Protective surfacing material must have a critical height value to meet the maximum fall height for the equipment and be accessible (ref. ASTM F3101). ForeverLawn Playground Grass: Olive green,Antistatic and Antimicrobial protection. Safety Foam Pro Padding over 3" Aggregate. Delivered and Installed. See Product Notes for Detail. Installation: Unless otherwise noted, the following items are to be PROVIDED BY CUSTOMER prior to installation: To Be Provided by customer: Access for machines and labor crew to equipment installation location. Storage or Staging area.Permit filing and permit Fees assessed by the Building Dept. Signed & sealed site plan or survey. All site work, site preparation and base preparation. Private underground utilities located and marked prior to installation. Sod & Landscape Restoration.Soils testing. Tree survey. Site security. Dumpster. Water and 110 Electric. Dewatering and drainage considerations.Concrete testing. THIS PROPOSAL DOES NOT INCLUDE PERMIT FEES ASSESSED BY THE BUILDING DEPT. Those fees will result in additional charges. $62,275.80 Freight:$3,914.30 Product: Proposal Total:$72,662.10 Installation:$6,472.00 General Terms of Sale and Proposal Summary Notes DateAuthorized ByCompany Name As Its: Printed Name (Title) Proposal No: 18007.10 Project Name: The Long Center Playground Renovation Proposal Date: 10/15/2021 Page 3 of 3 Installation Charges on this proposal are based on NO UNFORESEEN conditions in the area, above or below the surface. If unforeseen conditions arise, the installation charges will change to reflect additional costs associated with dealing with those circumstances. Examples of this include, but are not limited to: site not ready upon installer's arrival, underground utilities, or difficulties with footers due to coral rock or ground water in the holes. Orders are shipped within our manufacturer's standard lead times. Requests for delayed shipping may result in additional costs due to increases in freight, material costs or other factors. To secure the prices on this proposal, the offer must be accepted prior to the expiration date noted. Also, please be aware that we generate separate invoices for product at the time of delivery, then we invoice for installation upon completion. This is the customary approach in construction and eliminates sales tax on installation services. If your project should include products from multiple manufacturers, be advised that the products will be invoiced separately. If, during the performance of this contract, the price of an input increases 3% or more as documented by factory quotes, invoices or receipts to contractor (Rep Services, Inc.) from the date of the contract signing the price of shall be equitably adjusted by an amount reasonably necessary to cover such price increases. Where the delivery of an input is delayed, through no fault of contractor (RSI) as a result of the shortage or unavailability of an input, contractor (RSI) shall not be liable for any additional costs or damages associated with such delay(s). The undersigned warrants that he/she is an authorized representative of the company noted and has the requisite authority to bind said company and/or principal. If any particular billing is not paid when due, all outstanding balances, regardless of prior terms, will become immediately due and owing upon demand. Interest on past due amounts will be assessed at 1 ½ % per month or the maximum interest rate permitted by applicable law, whichever is less. Should it become necessary for either party to this contract to institute legal action for enforcement of any provisions of this contract, the prevailing party shall be entitled to reimbursement for all court costs and reasonable attorney’s fees incident to such legal action. The parties hereto agree that proper venue for any legal action in any way related to this contract shall be in Pinellas County, FL. All terms and conditions as stated in Clay County Contract #18/19-2 are incorporated by reference and considered part of this Contract. Accepted By: City of Clearwater NOTICE OF INTENT TO AWARD BID ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR CONTRACT PERIOD: SEPTEMBER 1, 2020 THROUGH AUGUAST 31, 2023 BOARD APPROVED ON AUGUST 25, 2020 Page 1 of 21 TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR Bids Due: 3:00 p.m., July 22, 2020 Catalog Name Number Discount SRP Components 2020 5% SportsPlay 2018 5% Superior Recreation 2019 (1)5% Athletic Connection 2020 5% Bison 2020-21 5% Jaypro 2019-2020 (2)5% Hadar Athletic 2014 5% Playcraft Systems 1 2% R3/Grounds for Play 2 2% UltraPlay 3 2% Id Sculpture 4 2% Childforms 5 2% Playtopia 6 2% Freenotes Harmony 7 2% SRP Parts 9 2% SportsPlay 10 2% Dynamo 20 2% No Bid No Bid No Bid Play and Park Structures 44 10% Big Toys 33 5% UltraPlay X 5% Freenotes Harmony 19 5% Snug Play X 5% Sportsplay X 5% Elephant Play X 5% No Bid No Bid No Bid Industrial Shadeports 2020 10% Kompan US Price List 9% BIDDERS: Advanced Recreational Concepts Apollo Sunguard Systems, Inc. Industrial Shadeports, Inc. Kompan, Inc. Bliss Products and Services, Inc. Creative Shade Solutions ITEM 1: PLAYGROUND EQUIPMENT A&B Management Group, Inc. dba Southern Park and Play Systems Page 2 of 21 TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR Bids Due: 3:00 p.m., July 22, 2020 Catalog Name Number Discount SRP - Superior Play 2020 5% SRP - Superior Play Components 2020 5% SRP - Grounds for Play 2020 5% SRP - Freenotes Harmony Park 2020 5% Big Toys 2020 5% Dynamo 2020 5% Kidstuff Playsystems 1005 ADD 34% (15)Miracle Recreation Equipment Company 2020 8% (21) 12% (21) 15% (21) 18% (21) 20% (21) Bleachers 10% (22) UPC Parks 5% Action Play Systems 5% Game Time 2020 10% Playworld 2020 5% Berliner 2020 3% Playcraft Systems 1 Install Only R3/Grounds for Play 2 Install Only UltraPlay 3 Install Only Id Sculpture 4 Install Only Childforms 5 Install Only Playtopia 6 Install Only Freenotes Harmony 7 Install Only SRP Parts 8 Install Only Sports Play 10 Install Only Dynamo 20 Install Only Little Tikes Commercial 2020 25% (25)(26) Little Tikes Commercial 2020 5% (26)(27) ITEM 1: PLAYGROUND EQUIPMENT Lanier Plans, Inc. dba Korkat MeTEOR Education, LLC Miller Recreation Equipment & Design, Inc./Miracle Recreation Equipment, CO PlayCore Wisconsin DBA Game Time Playmore West, Inc. Playpower LT Farmington, Inc. Playspace Services, Inc. BIDDERS: Page 3 of 21 TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR Bids Due: 3:00 p.m., July 22, 2020 Catalog Name Number Discount Jambette 2019 - 20 4% Play Ground Equipment.com Volume 2 10% Kids Pro Surf Turf & Play Pad Project Innovations 5% Landscape Structures, Inc.3% Adventure Playground Systems Playground & Park Design 3% Kidstuff Playsystem Catalog # 1005 3% Childforms Volume 12 3% Childforms Sales Brochure 3% Henderson Recreation 2020 Price List 6% Action Play Systems 2020 Price List 10% BCI Burke 01 5% BSN Sports Equipment 20-57307 10% BIDDERS: Project Innovations, Inc. Swartz Associates, Inc. Top Line Recreation, Inc. Varsity Sports dba BSN Sports, LLC (42) Superior Park Systems, Inc. ITEM 1: PLAYGROUND EQUIPMENT Rep Services. Inc. Page 4 of 21 TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR Bids Due: 3:00 p.m., July 22, 2020 Catalog Name Number Discount Pilot Rock 260 - 2019 5% Ultra Site 2020 5% Ultra Play 2020 5% Polly Products 2019 5% Stern Williams 2020 5% Superior Site Amenities 2020 5% Ultrasite 11 2% SRP Amenities 12 2% Paris Fitness and Amenities 13 2% ActionFit 14 3% Bison 15 3% The Park Catalog theparkcatalog.com 2% JayPro 16 3% NRS Bleachers 19 3% Kay Park 21 2% No Bid No Bid No Bid Ultrasite 33 5% Superior 5% Jayhawk Plastics/Frog Furnishings 5% Doty & Sons Concrete Products 5% Crimson Poolside 5% Action Fit 5% Bark Park 5% No Bid No Bid No Bid Industrial Shadeports 2020 10% TPP Price List 5% Industrial Shadeports, Inc. Kompan, Inc. Bliss Products and Services, Inc. Creative Shade Solutions Apollo Sunguard Systems, Inc. Advanced Recreational Concepts BIDDERS: A&B Management Group, Inc. dba Southern Park and Play Systems ITEM 2: SITE EQUIPMENT Page 5 of 21 TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR Bids Due: 3:00 p.m., July 22, 2020 Catalog Name Number Discount SRP - Superior Amenities 2020 5% Kidstuff Playsystems 1005 ADD 34% (15) Miracle Recreation Equipment Company 2020 5% Douglas Industries 5% Bison Sports 5% Kay Park 5% Wabash Valley 5% Foresite Designs 5% Murdock Fountains 5% Most Dependable Fountains 5% RCP Shelters 5% Coverworx Shelters 5% DogiPot (Pet Stations)5% GT Site 2020 5% Ultra Site 2020 5% Wabash Valley 2020 5% Ultrasite 11 Install Only SRP Amenities 12 Install Only Paris Fitness and Amenities 13 Install Only ActionFit 14 Install Only Bison 15 Install Only The Park Catalog theparkcatalog.com Install Only JayPro 16 Install Only NRS Bleachers 19 Install Only Kay Park 21 Install Only Little Tikes Commercial 2020 (29)5% (30) ITEM 2: SITE EQUIPMENT MeTEOR Education, LLC Miller Recreation Equipment & Design, Inc./Miracle Recreation Equipment, CO Lanier Plans, Inc. dba Korkat Playmore West, Inc. Playpower LT Farmington, Inc. Playspace Services, Inc. BIDDERS: PlayCore Wisconsin DBA Game Time Page 6 of 21 TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR Bids Due: 3:00 p.m., July 22, 2020 Catalog Name Number Discount Play Ground Equipment.com Volume 2 10% Frog Furnishings 2018 3% DuMor Site Furnishings 3% Superior Amenities 2020 Catalog 2% Kay Park Recreation 2020 Catalog 2% Adventure Site Amenities Playground & Park Design Guide 2% Sitescapes, Inc.2020 Price List 5% Kay Park Recreation 2020 6% Ultra Site 2020 Price List 8% Frog Furnishings 2020 Price List 8% Vista Furnishings 2020 Price List 5% Superior Site Amenities 2020 Price List 8% Blue Valley Industries 2020 Price List 5% Jaypro Sports 2020 7% National Recreation Systems 2020 Price List 6% MyTCoat 2020 Price List 8% Premier Polysteel 02 3% BSN Sports Equipment 20-57307 10% BIDDERS: ITEM 2: SITE EQUIPMENT Project Innovations, Inc. Swartz Associates, Inc. Top Line Recreation, Inc. Varsity Sports dba BSN Sports, LLC (42) Rep Services. Inc. Superior Park Systems, Inc. Page 7 of 21 TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR Bids Due: 3:00 p.m., July 22, 2020 Catalog Name Number Discount Fiberbuilt 2019 5% Superior Shade Volume 11 5% SkySpan 2020 5% SRP Shade 17 5% Ultra Shade 18 5% Ball Fabrics ballfabrics.com 1% ICON Shelters 22 5% Cedar Forest Products 23 5% RCP Shelter 24 5% SRP Shelter 25 5% Apollo Sunguard 2019 8% (6) Shade Systems 5% Shade America 5% Ultra Shade 5% Ultra Shelter 5% Cedar Forest 55% USA Shade 5% Superior 5% Creative Shade (10)1 15% Industrial Shadeports 2020 10% TPP Price List 4% ITEM 3: SHADE STRUCTURE Bliss Products and Services, Inc. Creative Shade Solutions Industrial Shadeports, Inc. Kompan, Inc. A&B Management Group, Inc. dba Southern Park and Play Systems BIDDERS: Advanced Recreational Concepts Apollo Sunguard Systems, Inc. Page 8 of 21 TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR Bids Due: 3:00 p.m., July 22, 2020 Catalog Name Number Discount SRP - Superior Amenities 2020 5% Kidstuff Playsystems 1005 ADD 34% (15) USA Shade 2020 5% GT Shade 2018 / 2020 5% USA Shade 2020 3% Shade Systems 2020 3% Apollo Sunguard 2020 3% Superior Shelters 2020 3% SRP Shade 17 Install Only Ultrashade 18 Install Only Ball Fabrics ballfabrics.com Install Only ICON Shelters 22 Install Only Cedar Forest Products 23 Install Only RCP Shelter 24 Install Only SRP Shelter 25 Install Only Little Tikes Commercial 2020 (31)5% (32) BIDDERS: ITEM 3: SHADE STRUCTURE MeTEOR Education, LLC Miller Recreation Equipment & Design, Inc./Miracle Recreation Equipment, CO PlayCore Wisconsin DBA Game Time Playmore West, Inc. Playspace Services, Inc. Lanier Plans, Inc. dba Korkat Playpower LT Farmington, Inc. Page 9 of 21 TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR Bids Due: 3:00 p.m., July 22, 2020 Catalog Name Number Discount Pro Shade Project Innovations, Inc.3% SkyWays Shades 3% USA Shade 3% Porter Corp 3% Shade Systems, Inc.Product Catalog 3% Adventure Shade Structures Playground & Park Design Guide 3% Ultra Shade 2020 Price List 4% Ultra Shelter 2020 Price List 4% Shade System, Inc.03 5% Americana 04 5% BSN Sports Equipment 20-57307 10% Swartz Associates, Inc. (37) Top Line Recreation, Inc. Varsity Sports dba BSN Sports, LLC BIDDERS: ITEM 3: SHADE STRUCTURE Project Innovations, Inc. Rep Services. Inc. Superior Park Systems, Inc. Page 10 of 21 TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR Bids Due: 3:00 p.m., July 22, 2020 Catalog Name Number Discount Garick 2020-21 Quotation 5% Rubber Designs 8 5% (3) Playspace ADA Wood Mulch per regional supplier 5% (4) No Bid No Bid No Bid Safety 1st 5% Wood Mulch Products 5% Xgrass 5% Zeager 5% Fibar 5% East Coast Mulch 5% IMC Outdoor 5% No Bid No Bid No Bid Industrial Shadeports 2020 10% Fibar EWF 4% Turf Surfacing 4% PIP Surfacing 4% Rubber Safety Tiles 4% Rubber Mulch 4% ITEM 4: SURFACING MATERIALS Industrial Shadeports, Inc. Kompan, Inc. Apollo Sunguard Systems, Inc. Bliss Products and Services, Inc. A&B Management Group, Inc. dba Southern Park and Play Systems Advanced Recreational Concepts Creative Shade Solutions BIDDERS: Page 11 of 21 TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR Bids Due: 3:00 p.m., July 22, 2020 Catalog Name Number Discount Outdoor Safety Surfacing 5% Kidstuff Playsystems 1005 ADD 34% (15) Rubber Recycle (Shredded Rubber)5% Fibar Systems (EWF)5% Forever Lawn (Artificial Turf)5% NoFault (Poured in Place Surfacing)5% Durable Lawn (Artificial Turf)5% GT Impax 2020 5% Robertson TOT Turf 3% No Fault 3% X Grass 3% Forever Lawn 3% Mulch & Soil, Co.3% Zeager 3% Rubber Designs 8 5% (24) Playspace ADA Wood Mulch Per Regional Supplier 5% (25) No Fault N/A 5% (33) ITEM 4: SURFACING MATERIALS Playspace Services, Inc. Playpower LT Farmington, Inc. BIDDERS: Playmore West, Inc. Miller Recreation Equipment & Design, Inc./Miracle Recreation Equipment, CO PlayCore Wisconsin DBA Game Time Lanier Plans, Inc. dba Korkat MeTEOR Education, LLC Page 12 of 21 TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR Bids Due: 3:00 p.m., July 22, 2020 Catalog Name Number Discount Kids Pro Surf Turf & Play Pad Project Innovations, Inc.5% Forever Lawn 3% VitriTurf 3% No Fault Sports Group 3% iMulch 3% Irvine 3% Forever Lawn Product Catalog 3% Forever Lawn Playground Grass 3% Foresty Resources 2020 Price List 10% Cowart & Mulch 2020 Price List 10% IMC Outdoor 2020 Price List 6% Pierecton Rubber Products 2020 Price List 5% No Bid No Bid No Bid BSN Sports Equipment 20-57307 10% Swartz Associates, Inc. Top Line Recreation, Inc. Varsity Sports dba BSN Sports, LLC (42) BIDDERS: ITEM 4: SURFACING MATERIALS Rep Services. Inc. Project Innovations, Inc. Superior Park Systems, Inc. Page 13 of 21 TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR Bids Due: 3:00 p.m., July 22, 2020 Percentage Mark up 30% 20% 37% 49% 75% *(5) 69% 75% 75% 75% 75% 50% (7)(8) 50% (7)(8) 50% (7)(8) 50% (7)(8) 50% (7)(8) 50% (7)(8) 50% (11) 130% (41) 30% - 100% (12)(13) Installer/Sub Contractor Name Ultimate Attitude, LLC Southern Park and Play Systems Playspace Services - playgrounds Playspace Services - Safety Surfacing Playspace Services - Shelters Cocozza Construction & Consulting Someson Homes The Best of Southwest Framing Creative Shade Solutions Apollo Sunguard Systems, Inc. A&B Management Group, Inc. dba Southern Park and Play Systems Advanced Recreational Concepts BIDDERS: Bliss Products and Services, Inc. Shady Surfacing Industrial Shadeports Creative Shade (10) Playspace Services - Shade Install Playspace Services - Site Furnishings Dragon Recreation Services ITEM 5: INSTALLATION OF PLAYGROUND EQUIPMENT, SITE EQUIPMENT, SHADE STRUCTURE AND SURFACING MATRERIAL Bliss Products Premier Recreation Stewart Tennis Complete Construction Jammin Playgrounds Industrial Shadeports, Inc. Kompan, Inc.Precision Playgrounds, Inc. Page 14 of 21 TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR Bids Due: 3:00 p.m., July 22, 2020 Percentage Mark up 35% 50% (16) (19) 60% (16) (17) (19) 100% (18) (19) 27% No Bid 30% 30% 30% 32% 32% 180% 100% 37% 49% 75% *(26) 69% 47% (34) 35% 100% 25% Installer/Sub Contractor Name Playspace Services - Safety Surfacing Playmore West, Inc. Playworx Playsets LLC - Playground and Playground Parts Playworx Playsets LLC - Shade Playpower LT Farmington, Inc.No Fault - Pour in Place Surface (34) Playworx Playsets LLC - Site Amenities Miller Recreation Equipment & Design, Inc./Miracle Recreation Equipment, CO Ryan's Maintenance John Fitzgerald, Inc. Site Amenities PlayCore Wisconsin DBA Game Time Shade Playmore West, Inc. - Playground Equipment BIDDERS: ITEM 5: INSTALLATION OF PLAYGROUND EQUIPMENT, SITE EQUIPMENT, SHADE STRUCTURE AND SURFACING MATRERIAL Lanier Plans, Inc. dba KorKat Kidstuff Playsystems - Play Equipment Kidstuff Playsystems - Safety Surfacing MeTEOR Education, LLC Playmore West, Inc. - Surfacing (23) Playmore West, Inc. - Shade Structures Playmore West, Inc. - Site Equipment Playspace Services, Inc. Lanier Plans, Inc. dba Korkat Kidstuff Playsystems - Shade Structures Playground Equipment Playspace Services - Shelters Playspace Services - Site Furnishing Playspace Services - Shade Install Playspace Services - Playgrounds Page 15 of 21 TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR Bids Due: 3:00 p.m., July 22, 2020 Percentage Mark up 38% 80% *(35) 60% 85% 85% 100% 100% 100% 100% 100% 100% 34% - 110% (38)(39) 34% - 110% (38)(39) 36% 36% No Bid Installer/Sub Contractor Name Top Line Recreation, Inc.Al Bosgraaf & Sons, Inc. Varsity Sports dba BSN Sports, LLC (42) Kennico, Inc. Swartz Associates, Inc.Rida Group Construction Hurley Construction, Inc. BIDDERS: ITEM 5: INSTALLATION OF PLAYGROUND EQUIPMENT, SITE EQUIPMENT, SHADE STRUCTURE AND SURFACING MATRERIAL Project Innovations-Playground Equipment Project Innovations-Kids Pro Suft Turf & Play Pad Project Innovations, Inc. (36)Project Innovations-Frog Furnishings No Bid Superior Park Systems, Inc. Hurley Construction Project Innovations-Pro Shades Johnny Pitts Construction Rep Services. Inc.Al Bosgraaf and Sons, Inc. FFG Development and Construction Easygreens Superior Park Systems, Inc.Forever lawn Sports Systems International, Inc. Page 16 of 21 TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR Bids Due: 3:00 p.m., July 22, 2020 $150.00 No Bid Digital Catalogs $197.50 30%Digital Catalogs No Bid No Bid Digital Catalogs $250.00 (9)25% (9)Printed Catalogs Digital Catalogs $125.00 10%Printed Catalogs $265.00 15%Digital Catalog Digital Catalog $200.00 *(14)Printed Catalogs A&B Management Group, Inc. dba Southern Park and Play Systems Creative Shade Solutions Advanced Recreational Concepts Apollo Sunguard Systems, Inc. Kompan, Inc. Industrial Shadeports, Inc. Bliss Products and Services, Inc. BIDDERS: ITEM 7: PERCENTAGE MARK UP FOR REPAIR MATERIAL ITEM 6: REPAIRS HOURLY RATE- PER HOUR Page 17 of 21 TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR Bids Due: 3:00 p.m., July 22, 2020 $75.00 35%Digital Catalog $75.00 (20)20% (20)Digital price list/ No cata $150.00 0%No Catalog $100.00 10%Printed Catalogs Digital Catalog $125.00 30%Printed Catalogs $197.50 30%Digital Catalog with insta $100.00 25%Printed Catalogs Playmore West, Inc. Playspace Services, Inc. Playpower LT Farmington, Inc. MeTEOR Education, LLC Miller Recreation Equipment & Design, Inc./Miracle Recreation Equipment, CO PlayCore Wisconsin DBA Game Time Lanier Plans, Inc. dba Korkat BIDDERS: ITEM 6: REPAIRS HOURLY RATE- PER HOUR ITEM 7: PERCENTAGE MARK UP FOR REPAIR MATERIAL Page 18 of 21 TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR Bids Due: 3:00 p.m., July 22, 2020 Digital Catalog $400.00 45%Printed Catalogs No Bid No Bid Printed Catalogs $285.00 30%Printed Catalogs $200.00 (40)No Bid No Catalogs $350.00 30.00%Digital Catalog No Bid No Bid No CatalogsVarsity Sports dba BSN Sports, LLC (42) Superior Park Systems, Inc. Swartz Associates, Inc. Top Line Recreation, Inc. ITEM 7: PERCENTAGE MARK UP FOR REPAIR MATERIAL Project Innovations, Inc. Rep Services. Inc. BIDDERS: ITEM 6: REPAIRS HOURLY RATE- PER HOUR Page 19 of 21 TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR Bids Due: 3:00 p.m., July 22, 2020 NOTES: (1) Open Market/Playgrounds (2) Allsport/2020 Athletic Eqpn (3) or discounts applied in catalog (4) per discount applied in Playspace catalog (5) Discounts included in Playspace/Rubber Designs catalog (6) See attached copy of price list (7) This does not include any site prep, permitting or concrete work. Shelter and shade foundations will be additional. Some vendors offer a delivered and installed price which will be discounted appropriately in the product discount. Site work and concrete including foundations will be priced per job. Sport court construction priced per job. (8) Only Big Toys and Play and Park Structures require installer certification (9) Rental Equipment Mark Up will be 10% as allowed on Page 12 (10) 2020 Manatee Schools Catalog (11) Shade Price (12) 30% Equipment, 60% Site Equipment, Shade 100% (13) Mat Installation is based upon each unit - $35.00 per unit Border Installation is based upon each unit - $15.00 per unit Pour in Place Pricing and Turf includes installation EWF installation is based on cubic yard - $16 per cubic yd Rubber Tile Installation is based upon square footage - $3 per sq. ft. Rubber Mulch Installation is based upon square footage - $10.00 per sq. ft. (14) Markup for Repair Materials: Repair materials would be Kompan Spare Parts. Kompan has over 65,000 spare parts for current product lines as well as past product lines. Each part has a retail price and includes all markups. We would be happy to provide a Parts Price List in electronic format, if SDMC would like to view the list. (15) Sell Price + (ADD) % (16) Minimum $3500.00 (17) 60% of safety surfacing cost (18) 100% of shade structure cost (19) Please note all items may be negotiated for a particular job (20) Kidstuff Playsystems will only service equipment manufactured by Kidstuff Playsystems, Olympic Recreation or Recreation Creations, LLC. 12% $5000 - $9999 15% $10000 - $14999 18% $15000 - $24999 20% $25000 - Above Discount does not include freight, specials/sales flyer, parts (22) Bleachers Discount does not include freight, specials/sales flyer, parts (23) Engineered Wood Fiber (21) 8% $0000 - $4999 Page 20 of 21 TABULATION OF BIDS ON PARK AND PLAYGROUND EQUIPMENT, MCSD No. 21-0053-MR Bids Due: 3:00 p.m., July 22, 2020 NOTES: (24) or per discounts applied in catalog (25) per discount applied in Playspace catalog (26) Discounts included in Playspace/Rubber Designs Catalog (27) Off Playgrounds Sets - Excludes Tot Builders, Custom Design Studio, Early Childhood Clever Climbers and Tot Tree (28) Off Parts (29) Pages 182 to 185 (30) off site amenities (31) Pages 186 and 187 (32) Off Shade (33) pff Safety Surface (PIP) (34) Which equates to 35% of equipment list price before discount (35) Included in Price (36) Permits/Signed & Sealed Engineered Drawings not included. Prices TBD per Project (37) Note: Prepay + Add Freight for all manufacturers. Any permitting requirements and costs (if applicable) will incur an additional fee. (38) Playground Equipment - 34% Site Equipment - 35% Shade Structure - 110% Surfacing Materials Forestry Resources - 60% Cowart Mulch - 60% IMC Outdoor - 40% Pierection Rubber Products 40% (39) Prepay & Add freight for all manufacturers (40) $900.00 Minimum charge for installation (41) Industrial Shade Port manufactures and installs our own equipment (42) BSN Sports Exceptions to percentage off bid Spring 2020 catalog-see list Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes. Page 21 of 21 BOARD OF COUNTY COMMISSIONERS CLAY COUNTY, FLORIDA RFP NO. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS DUE DATE: Monday, March 18, 2019- 4:00 p.m. OPEN DATE: Tuesday, March 19, 2019 -1:00 p.m. Issued By: Clay County Board of County Commissioners Purchasing Department TABLE OF CONTENTS RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS Request for Proposal Advertisement .................................................................................... 3-5 Request for Proposal Instructions ....................................................................................... 6-12 Specifications ..................................................................................................................... 13-17 Bid Forms .......................................................................................................................... 18-20 Sample Quote Sheet ................................................................................................................. 21 Corporate Details ..................................................................................................................... 22 Certification Regarding Debarment ......................................................................................... 23 Scrutinized Companies Certification ....................................................................................... 24 No Bid Statement ..................................................................................................................... 25 Procedures for Bid Opening .............................................................................................. 26-37 Attachments: Form W-9 2 REQUEST FOR PROPOSAL NOTICE NOTICE IS HEREBY GIVEN that sealed proposals will be received until 4:00 P.M., Monday, March 18, 2019, at the Clay County Administration Building, Fourth Floor, Reception Area, 477 Houston Street, Green Cove Springs, Florida 32043, for the following: RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS Proposals will be opened at 1:00 P.M., or as soon thereafter as possible, on Tuesday, March 19, 2019 in the Clay County Administration Building, Conference Room “B”, Fourth Floor, 477 Houston Street, Green Cove Springs, Florida, in the presence of the Purchasing Department staff and all other interested persons. The opened Proposals will be read aloud, examined for conformance to specifications, tabulated, and preserved in the custody of the Purchasing Department. Proposals submitted will be evaluated by the Finance and Audit Committee. The Finance and Audit Committee of the Board will present its recommendation to the Board of County Commissioners as soon thereafter as possible. At the discretion of the Board of County Commissioners or the Finance and Audit Committee, companies submitting proposals may be requested to make oral presentations as part of the evaluation process. Proposals will not be valid unless received by the proposal deadline and in a sealed envelope marked “RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS” to be received until 4:00 P.M., Monday, March 18, 2019. Envelopes are to be submitted in person or delivered by courier to the above address. No postal mail will be accepted. During the bidding process, all prospective proposers are hereby prohibited from contacting (i) any member of the Board of County Commissioners, the County Manager or any County employee or agent regarding the solicitation in any respect during the solicitation period, and (ii) the County Manager or any County employee or agent regarding the solicitation in any respect during the evaluation period. The violation of this rule shall result in the automatic disqualification of any response to a bid solicitation submitted by the violator (as specified in Section P of Chapter 8 of the Purchasing Manual attached hereto). The no-contact rule set forth shall not apply to inquiries submitted to County employees or agents in the manner specifically provided in the bid solicitation package regarding the distribution thereof, or to communications seeking clarification regarding instructions or specifications submitted to County employees or agents in the manner specifically provided for in the bid solicitation package, or to pre-bid conferences provided for in the bid solicitation package, or to formal presentations by finalists to the Board of County Commissioners or any committee thereof specifically contemplated in the bid solicitation package. For information concerning procedures for responding to this Bid, contact the Purchasing Department, Donna Fish by email purchasing@claycountygov.com or at (904) 278-3761. The County reserves the right to waive formalities in any response, to reject any or all responses with or without cause, to waive technical and non-technical or non-material defects in the solicitation or submittal of any responses, including the lack of availability of adequate funds, regulatory agency requirements, to make award in part or completely, and/or to accept the response that, in its judgment, will be in the best interest of the County of Clay. Bid proposals in which the prices obviously are unbalanced will be rejected. 3 FOLLOWING THE BID OPENING AND TABULATION, A “NOTICE OF INTENT TO AWARD BID” OR A “NOTICE OF REJECTION OF ALL BIDS” WILL BE POSTED ON THE INTERNET AT: http://www.claycountygov.com/departments/purchasing-division/bcc-bid-tabs-current-bids-intent- bids-rejection-bids. THIS WEB PAGE CAN ALSO BE ACCESSED FROM THE HOMEPAGE OF THE COUNTY’S WEBSITE AT: www.claycountygov.com BY FOLLOWING THE “NOTICE OF INTENT BIDS” LINK UNDER THE “BUSINESS” ROLLOVER BUTTON ON THE COUNTY’S HOMEPAGE. NO OTHER NOTICE WILL BE POSTED. PROSPECTIVE BIDDERS ARE NOTIFIED THAT THE FAILURE TO INCLUDE WITHIN THE SEALED BID ENVELOPE A PROPER BID BOND OR OTHER SECURITY APPROVED UNDER THE COUNTY’S PURCHASING POLICY, OR THE FAILURE TO FILE A WRITTEN PETITION INITIATING A FORMAL PROTEST PROCEEDING WITHIN THE TIMES AND IN THE MANNER PRESCRIBED IN SECTION 8. (N), OF SAID POLICY, SHALL CONSTITUTE A WAIVER OF THE RIGHT TO PROTEST THE BID SOLICITATION, ANY ADDENDUM THERETO, OR THE BID DECISION, AS APPLICABLE, AND TO INITIATE A FORMAL PROTEST PROCEEDING UNDER SAID POLICY. THE COUNTY’S PURCHASING POLICY CAN BE VIEWED AT THE COUNTY’S WEBSITE BY FOLLOWING THE APPROPRIATE LINKS FROM THE HOMEPAGE ADDRESS SET FORTH ABOVE. A person or affiliate who has been placed on the convicted bidder list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted bidder list. --------------------------------------------END OF NOTICE----------------------------------------- 4 REQUEST FOR PROPOSAL INSTRUCTIONS RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS 1. Delivery and Receipt of Bids: All sealed Proposals submitted shall be received by the Purchasing Department of Clay County, Florida. Proposals submitted in person or by courier services will be received at: Clay County Administrative Building Fourth Floor, Reception Area 477 Houston Street, Green Cove Springs, Florida 32043 Three copies of the Proposal must be received in a sealed envelope. Proof of liability insurance, form W-9 taxpayer identification number, and bid information shall be included with all responses submitted. The words “RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS” shall be clearly marked on the front and back of the envelope containing the Proposal. 2. Due Date and Opening Date: Proposals will be received by carrier or in person until Monday, March 18, 2019 at 4:00 p.m. and will be opened on Tuesday, March 19, 2019 at 1:00 p.m. or soon thereafter, in the Clay County Administration Building, 477 Houston Street, Conference Room “B”, Fourth Floor, Green Cove Springs, Florida. Bids will be reviewed by Clay County as soon thereafter as possible. A. All Proposals will be “clocked” at the time they are received to indicate the time and date of receipt. B. Proposals WILL NOT be accepted in person after the time and date specified. C. Proposals received by carrier WILL NOT be accepted if they are received after the time and date specified regardless of the circumstances. D. No postal mail will be accepted. 3. Withdrawal of RFP: Proposals may be withdrawn by a written or faxed request by the Bidder and received by the Purchasing Department before the date and time for receiving Proposals has expired. Negligence on the part of the Bidder in preparing a Proposal is not grounds for withdrawal or modification of a Proposal after such Proposal has been opened by the County. Bidders may not withdraw or modify a Proposal after the appointed Bid Opening. Bidders may not assign or otherwise transfer their Proposals. 4. Inquiries/Questions: Any questions regarding this RFP must be directed to Donna Fish (the authorized contact person) via email at purchasing@claycountygov.com (preferred method) or by calling (904) 278-3761. Written inquiries/questions must be received by March 6, 2019. Responses to questions, clarifications, and addenda will be distributed to potential Bidders by email. It is the responsibility of interested Bidders to verify if this information has been issued prior to submitting a Bid. 6 5. No Contact Period: During the Bidding process, all prospective Bidders are hereby prohibited from contacting (1) any member of the Board of County Commissioners, the County Manager or any County employee or agent regarding the solicitation in any respect during the solicitation period, and (2) the County Manager or any County employee or agent regarding the solicitation in any respect during the evaluation period. The violation of this rule shall result in the automatic disqualification of any Bid submitted by the violator, as specified in Section P of Chapter 8 of the Clay County Purchasing Manual. Exceptions: The no-contact rule set forth shall not apply to inquiries submitted to the authorized contact person, the pre-bid conference, or to formal presentations by finalists to the Board of County Commissioners or to the County’s evaluation committee. 6. Additional Evaluation: The County reserves the right to request any additional information from Bidders after Bid Opening and before award as may be necessary to assist in review and evaluation of any Bid prior to submittal of a recommendation for award to the Board of County Commissioners. 7. Award: The Bid will be awarded to the responsible Bidder(s) submitting a Bid determined to provide the best value to the County with price, technical, and other applicable factors considered. The County reserves the right to award to multiple bidders. 8. Waiver of Formalities/Rejection of Bids: The County reserves the right to waive formalities in any Bid, to reject any or all Bids with or without cause, to waive irregularities/technicalities, and waive technical and non-technical or non-material defects in the Bid document or submittal of any Bid. The County reserves the right to make award either in part or completely, and/or to accept the Bid that, in its judgment, will be in the best interest of the County. Bids in which the prices obviously are unbalanced will be rejected. The County reserves the right to reject any and all Bids and to re-advertise for all or any part of this solicitation as deemed in its best interest. 9. Cancellation of Bid: Clay County reserves the right to cancel a solicitation at any time prior to approval of the award. The decision to cancel a solicitation cannot be the basis for a protest under the formal protest process as referenced herein. 10. No Bid: Each company not intending to respond to this Bid should reply with a written “No Bid Statement”. Such action will maintain the company on the appropriate active Bidder solicitation list. Three (3) failures to respond to solicitations may result in deletion from the Bidder solicitation list. 11. Bid Errors: Where Bid forms have erasures or corrections, each erasure or correction must be initialed in ink by the Bidder. In case of unit price Bid items, if an error is committed in the extension of an item, the unit price as shown in the Bid response will govern. Errors between any sum, computed by the Bidder, and the correct sum thereof will be resolved in favor of the correct sum. Any discrepancy between words and numbers will be resolved in favor of the written words. 12. Deviations: Bidders are hereby advised the County will only consider Bids that meet the specifications and other requirements imposed upon them by this Bid document. In instances where a deviation is stated in the Bid Form, said Bid will be subject to rejection by the County in recognition of the fact that said Bid does not meet the exact requirements imposed upon the Bidder by the Bid or Contract documents. 7 13. Bid Protests: Any company affected adversely by the County’s decision may file with the County Purchasing Department a “Notice of Protest” in writing within 72 hours after the posting of the recommended award. Failure to file a written Notice of Protest shall constitute a waiver of proceedings under Chapter 8 (N) of the Clay County Purchasing Policies. Failure to file a written petition initiating a formal protest proceeding within the time frame and in the manner prescribed in Section 8 (N) of said policy shall constitute a waiver of the right to protest the Bid solicitation, any addendum thereto, or the Bid award recommendation or decision, and to initiate a formal protest proceeding under said policy. The County’s Purchasing Policy may be viewed at the County’s website by following the appropriate links from the Homepage. 14. Public Entity Crimes: Pursuant to Section 287.133(2)(a) of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid for a Contract to provide any goods or services to a public entity, may not submit a Bid for a Contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By submitting a Bid, Bidder attests that they have not been placed on the “Convicted Vendor List”. 15. Debarment: By submitting a Proposal, the Bidder certifies that it is not currently debarred from submitting proposals for contracts issued by any political subdivision or agency of the State of Florida and that it is not an agent of a person or entity that is currently debarred from submitting proposals for contracts issued by any subdivision or agency of the State of Florida. 16. Laws and Regulations: The Bidder shall comply with all laws and regulations applicable to provide the goods and/or services specified in this solicitation. The Bidder shall be familiar with all federal, state and local laws that may affect the goods and/or services offered. All applicable Federal and State laws, municipal and Clay County ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the project shall apply to the entire project and Contract. 17.Scrutinized Companies Certification: In compliance with subsection (5) of Section 287.135(5), Florida Statutes the Bidder certifies that the company is not participating in a boycott of Israel as defined in subsection (1) of the Statute; is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List as referred to in subsection (2) of the Statute; and does not have business operations in Cuba or Syria as defined in subsection (1) of the Statute. The included Scrutinized Companies Certification Form must be completed and returned as part of the bid submittal. 18. Laws and Regulations: The Bidder shall comply with all laws and regulations applicable to provide the goods and/or services specified in this solicitation. The Bidder shall be familiar with all federal, state and local laws that may affect the goods and/or services offered. All applicable Federal and State laws, municipal and Clay County ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the project shall apply to the entire project and Contract. 8 19. Copyright Restrictions: Both the County seal and the County logo are being registered for a copyright. Neither the Clay County seal nor the logo may be used or provided to non-Clay County government users for use on company Bids, presentations, etc. 20. Indemnification: The awarded Bidder shall indemnify and hold harmless the County, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the company and other persons employed or utilized by the company in the performance of the Contract. The provisions of Florida Statute 768.28 applicable to Clay County, Florida apply in full to this Contract. Any legal actions to recover monetary damages in tort for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the County acting within the scope of his/her office or employment are subject to the limitations specified in this statute. No officer, employee or agent of the County acting within the scope of his/her employment or function shall be held personally liable in tort or named as a defendant in any action for any or damage suffered as a result of any act, event, or failure to act. The County shall not be liable in tort for the acts or omissions of an officer, employee, or agent committed while acting outside the course and scope of his/her employment. This exclusion includes actions committed in bad faith or with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. 21. Insurance Requirements: Prior to commencement of the project, the awarded Bidder shall provide the County Purchasing Department with proof of the following insurance: a. Commercial General Liability 1. General Aggregate $1,000,000 2. Products and Completed Operations Aggregate $1,000,000 3. Personal and Advertising Injury $1,000,000 4. Each Occurrence $1,000,000 5. Fire Damage (any one fire) $ 50,000 6. Medical Expense (any one person) $ 5,000 b. Automobile Liability 1. Any automobile-Combined bodily injury/property damage, $1,000,000 with minimum limits for all additional coverages as required by Florida law c. Workers Compensation/Employers Liability 1. Workers Compensation statutory limits 2. Employers Liability a. Each Accident $ 100,000 b. Disease-Policy $ 500,000 c. Disease-Each Employee $ 100,000 d. Professional Liability 1. When required by Contract-per occurrence $ 1,000,000 9 The awarded Bidder must maintain insurance coverage at the above-prescribed levels through the date of completion of the project and such coverage must include all independent Contractors and Subcontractors. Either prior to, or simultaneously with the execution of the Contract, the awarded Bidder must deliver certificates of insurance for the required insurance coverage to the County naming “Clay County, a political subdivision of the State of Florida, the Board of County Commissioners, Clay County, Florida; and all public agencies of Clay County, as their interests may appear” as “Additional Insured.” Said certificates of insurance shall also include a thirty- day prior written notice of cancellation, modification or non-renewal to be provided to the County. 22. Performance and Payment Bond Requirements: Performance and Payment Bonds are not required for projects of $200,000.00 or less. Prior to commencement of a project exceeding $200,000.00, the awarded Bidder shall file a 100% Performance Bond and Payment Bond (using Clay County’s Standard Form) in the Public Record of Clay County, Florida, Recording Dept./Room 130, 825 North Orange Avenue, Green Cove Springs, Florida 32043. The recorded Performance and Payment Bonds shall be provided prior to the commencement of construction to Clay County Purchasing Department, PO Box 1366, Green Cove Springs, Florida 32043. Performance and Payment Bonds must be increased in accordance with any change order increases on the project. 23. Bid Preparation Costs: By submission of a Bid, the Bidder agrees that all costs associated with the preparation of his/her Bid will be the sole responsibility of the Bidder and shall not be borne by the County. The Bidder also agrees that the County bears no responsibility for any costs associated with the preparation of their Bid and/or any administrative or judicial proceedings resulting from the solicitation process. 24. Business Registration Requirement: In accordance with Chapters 605-623, Florida Statutes, in order to do business in the State of Florida, corporations (and other business designations) are required to be registered and in good standing with the Department of State, Division of Corporations. To be eligible to receive a contract and/or purchase order registration must be accomplished prior to the initial posting indicating intent to award to that vendor. Failure to be registered may be cause for disqualification. Contact the Division of Corporations at (850) 245-6000. Online-filing is available at: http://dos.myflorida.com/sunbiz 25. Contractor Qualifications and Requirements: At the time of Bid Opening, all Bidders must be certified or registered pursuant to Chapter 489, Florida Statutes, or hold a Clay County certification under Article III of Chapter 7 of the Clay County Code, as applicable, at the time of submitting a Bid. All Bidders must submit evidence of current state certification or registration, or County certification, as applicable, prior to award of this Bid. The following licensing requirements shall apply when the applicable Florida statute mandates specific licensing for Contractors engaged in the type of work covered by this solicitation. a. State of Florida, Department of Professional Regulation, Construction Industries Licensing Board and licensed by other federal, state, regional, county or municipal agencies having jurisdiction over the specified construction work. b. Said licenses shall be in the Bidder's name as it appears on the Bid Form. Bidder shall supply a copy of each applicable license showing the appropriate license numbers, with expiration 10 dates as required by the County. Failure to hold and provide proof of proper licensing, certification and registration may be grounds for rejection of the Bid and/or termination of the Contract. c. Subcontractors Contracted by the Prime Contractor shall be licensed in their respective fields to obtain construction permits from the County. Said license must be in the name of the subcontractor. The following licensing requirements shall apply when applicable (Contractor Prequalification): Florida Law and Rules of the State of Florida, Department of Transportation, require contractors to be prequalified with the Department in order to bid for the performance of road, bridge, or public transportation construction contracts greater than $250,000.00. The Contractor Prequalification process results in the issuance of a Certificate of Qualification for each successful applicant which lists the approved work classes and the Maximum Capacity Rating in dollars. It is the responsibility of potential bidders to review the requirement and meet the qualifications listed at: http://www.dot.state.fl.us/cc- admin/PreQual_Info/prequalified.shtm. Contractors not meeting the applicable work types associated with the scope of the work may utilize subcontractors to assist with meeting the requirement of all necessary prequalification work classes. 26. Qualification: The County shall have the right to review the references, experience of assigned personnel, and qualifications of the Contractor in order to make the final determination of acceptability of the Contractor to be awarded the Contract and construct the work. The Board of County Commissioners may reject, at its sole discretion, any Bidder the Commission finds to lack, or who’s present or former executive employees, officers, directors, stockholders, partners or owners are found by the Commission to lack honesty, integrity, or moral responsibility. The Commission's finding may be based on any of the following factors: the disclosure required herein, the County's own investigation, public records, or any other reliable source of information. The Commission may also reject any Bidder failing to make the disclosure required herein. By submitting a Bid, Bidder recognizes and accepts that the Board of County Commissioners may reject any Bid at its sole discretion and the Bidder waives any claim it might have for damages or other relief arising from the rejection of its Bid or resulting directly or indirectly from the rejection of its Bid based on these grounds or from the disclosure of any pertinent information relating to the reasons for rejection of its Bid. 27. Subcontractors: The County reserves the right to approve all Subcontractors for this Contract. If Subcontractors are to be utilized, their names and references must be included within this Bid. Responsibility for the performance of the Contract remains with the main Contractor exclusively. After the commencement of the project, subcontractors may be added or modified during the Contract period only with prior written permission from the County, and only for reasonable cause, as judged by the County. 28. Interpretation of Plans and Specifications: No interpretation of the meaning of the plans, specifications, or other Contract documents will be made to any Bidder orally. Every request for interpretation should be in writing addressed to the Purchasing Department. To be given consideration, such requests must be received no later than March 6, 2019. 11 Any and all such interpretations and any supplemental instructions will be in the form of a written addendum. All Addenda issued shall become part of the Bid and Contract documents, and receipt must be acknowledged on the Bid Form, by completion of the applicable information on the Addendum, and submitting it with the Bid. Failure to acknowledge Addenda which have no effect on the competitive nature of the bidding process may be a waiveable deviation at the County’s sole discretion. 29. Conflict of Interest: The award hereunder is subject to Chapter 112, Florida Statutes. All proposers must disclose with their Proposal, any personal or organizational conflicts of interest pursuant to Section 112.313, Florida Statutes, the name of any officer, director, or agent who is also an employee of the Clay County Board of County Commissioners. Further, all proposers must disclose the name of any Clay County Board of County Commissioners employee who owns, directly or indirectly, an interest of the proposer’s firm or any of its branches. 30. Use of Contract by Other Government Agencies: At the option of the Bidder, the use of the Contract resulting from this solicitation may be extended to other governmental agencies, including the State of Florida, its agencies, political subdivisions, counties, and cities. Each governmental agency allowed by the Bidder to use this Contract shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. 31. Execution of Contract and Notice to Proceed: The awarded Bidder may be required to sign a written Contract. Said Contract will evidence in written form the agreement between the parties. 32. All payments made under this Bid will be made in accordance with the Local Government Prompt Payment Act; in effect, not later than 45 days from receipt of proper invoice. 33. At the discretion of the Board of County Commissioners any Committee contemplated herein, Vendors submitting proposals may be requested to make oral presentations as part of the evaluation process. 12 RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS – SCOPE OF SERVICES (Provided by Parks and Recreation Department) SCOPE: The purpose of this bid invitation: 1. Establish a firm, fixed percentage discount from manufacturer’s and/or bidder’s current catalog/supply/product information price list for the purchase of various equipment and amenities for parks and playgrounds as requested by the Clay County Division of Parks and Recreation. The County reserves the right to award to multiple bidders. 2. Establish a firm, fixed percentage of manufacturer’s and/or bidder’s current catalog/supply/product information price list, after applying the above requested discount for purchase, for the installation of various equipment and amenities. It is understood that bidder’s current catalog/supply/product information price list are subject to change; however, percentages shall remain fixed. No extra charges or compensation will be allowed for installation above and beyond what has already been presented in your bid. If the bidder offers specialized catalogs, the catalogs must be submitted separately from any other catalog offered by the bidder. 3. This bid is also a means for qualifying vendors for ball park lighting services. Qualifying vendors will be requested to provide pricing on a project by project basis as defined in the method of ordering section of this bid utilizing prices provided in bid response. The qualified vendor(s) providing the lowest responsive quote will be awarded the project. 4. There is no guarantee any purchases will be made after award. Purchase orders will be issued subject to availability of funds. RESPONSIBILITY: Bidder shall be responsible for all labor, materials, equipment, supervision, off-loading, storage, and installation, of various equipment and amenities for parks and playground equipment or amenities ordered, unless otherwise specified by the County. The County may elect, in certain circumstances, to purchase only materials and have those materials installed by others (e.g., volunteers, County staff). These items will be shipped to a designated location and off-loaded by the bidder or bidder’s representative. QUALIFICATION OF INSTALLERS: If a bidder utilizes a sub-contracted installer for any park or playground equipment, a list of sub- contracted installers must be included with their bid. Additionally, the bidder must supply WRITTEN FACTORY/MANUFACTURER CERTIFICATION that its installer, or its sub-contracted installer, is an authorized installer, certified to install various equipment and amenities for parks and playground equipment as required by each manufacturer. CATALOGS AND MANUFACTURER SUGGESTED RETAIL PRICE (MSRP) LISTS: Each bidder shall submit with this bid, at no charge, two (2) sets of each current catalog/supply/product information price list as well as current MSRP list for each catalog 13 submitted. All catalogs and/or MSRP lists shall clearly identify bidder’s name, address and telephone number. The vendor shall supply at no charge, two (2) sets of each then current catalog/supply/product information price list as well as current MSRP list for each catalog submitted upon price changes. At renewal time Vendor may request that new manufacturers be added. County reserves the right to approve or deny this request. COMPLIANCE WITH LAWS AND CODES: Bidders must strictly comply with Federal, State and local building and safety codes. Equipment must meet all State and Federal safety regulations. The following publications (issue in effect on date of invitation to bid) shall form a part of this specification: A. American Society for Testing and Materials (ASTM): ASTM-F1487 Standards – Methods of testing Playground Equipment for Public Use. ASTM-F1292 Standards - Method for testing various surfacing materials to determine their “critical height” (the fall height below which a life threatening head injury would not be expected to occur) Copies may be obtained from the - American Society for Testing and Materials 100 Barr Harbor Drive West Conshohocken, PA 19428 B. Consumer Product Safety Commission (CPSC) – printed Handbook for Public Playground Safety. Copies may be obtained from the - US Consumer Product Safety Commission 4330 East West Highway Bethesda, MD 20814 (301) 504-7923 C. National Playground Safety Institute (NPSI) – identification of 12 leading causes of injuries on playgrounds. Copies may be obtained from the - National Recreation and Park Association 22377 Belmont Ridge Road Ashburn, VA 20148-4150 (703) 858-0784 D. Americans with Disabilities Act (ADA) Regulations for Title III, Appendix A, Standards for Accessible Design, issued by the Department of Justice. 14 Copies may be obtained by calling: (800) 514-0301 Bidders certify that all products (materials, equipment, processes, age appropriate signage, or other items supplied in response to this bid) contained in its bid meet all Federal and State requirements, Upon completion of installation of play equipment and/or playground surfacing, bidder shall furnish to the County a certificate so stating the equipment /surfacing and its installation meet all Federal and State requirements as outlined in the above publications. Bidders further certify that if the product(s) delivered and/or installed are subsequently found to be deficient in any of the aforementioned requirements in effect on date of delivery, all costs necessary to bring the product(s) and installation into compliance shall be borne by the bidder. INVOICING: Invoices may be issued once equipment, materials, and supplies are delivered and/or installed to the county’s satisfaction. At a minimum, invoices must include: Purchase Order Number, Item Number and Description, Date of Shipment, Quantity Ordered, Unit Price, Unit of Measure, and a total for all purchases. Standard payment terms are Net 45 days per the Local Government Prompt Payment Act. TERMS OF CONTRACT: The term of bid award for various equipment and amenities for parks and playgrounds will be three (3) years, with two (2) one (1) year renewal options. Discounts from this solicitation shall prevail for the full duration of the contract and including subsequent extensions. County reserves the right to use other available bids or contracts when in the best interest of the County. METHOD OF ORDERING: The County may generate a Request for Quotation, on an “as needed” basis, for park and playground equipment and/or ball field lighting together with a request for additional services required to complete that project (see attached Quote sample sheet). The County reserves the right to send such Request for Quotation to any or all awarded bidders. The Request for Quotation can define the project exactly or the Request for Quotation can describe a desired end result, allowing the bidder to design the park or playground site. After generating a Request for Quotation for a project, and before bidder’s submission of its quotation in response to the Request for Quotation, the County may require requested bidder (s) to attend a site visit with County personnel to familiarize the bidder(s) with the site and determine additional services that may be required to complete the project. Bidders will be responsible for the accuracy of all fixed measurements. The bidder’s quotation in response to the Request for Quotation must contain each of the following: 15 • A detailed breakdown of the cost for the entire project. Descriptions of additional services related to the project, together with their price, shall also be listed. • Include Catalog Name, Number and associated discount. When quoting projects where freight would be charged, those costs must be included in quote so freight charges can appear on the purchase order. Freight charges for equipment must be pre-paid and added to the invoice. • Names of any and all subcontractors on the project. It is understood the bidder remains responsible for project completion and acceptance by the County. The County reserves the right to reject any quotation in response to a Request for Quotation if said quotation names a subcontractor who has, in the sole opinion of the County, previously failed in the proper performance of an award or failed to deliver on time contracts of a similar nature, or who is not in a position to perform properly under this award. • Project Completion Date. • Include an updated catalog, if needed and updated MSRP lists for the park and play equipment specifically quoted. The County will generate purchase orders as a result of approved “Request for Quotations” submitted, at the sole discretion of the County. The County reserves the right to not award to any, or to use other available bids or contracts when in the best interest of the County. PROMOTIONAL PRICING: During the contract period, bidders shall extend any pricing offered on a “promotional” basis from the manufacturer to the county. It will be the bidder’s responsibility to monitor said items and report any that are or will be offered at lower prices. SUPERVISION: A bidder’s job supervisor/representative shall be on the work site at all times and be thoroughly knowledgeable of the materials, job requirements, plans, specifications and installation functions. Contractors shall be responsible for the appearance of all working personnel assigned to the project (clean and appropriately dressed at all times). JOB COMPLETION: Bidder/installer shall be responsible for all materials received and signed for from date of order to completion of job installation. Bidder/installer shall be responsible for cleanup and removal of all debris resulting in job completion. Bidder/installer shall be responsible for restoring the work site to its original condition at the completion of the project. This shall include re-sodding of the area affected by their work with sod which is of the same variety and quality as the surrounding sod. Where no sod exists prior to installation, the contractor shall restore grade to a level consistent with the surrounding grade. 16 RESPONSIBILITY FOR DAMAGES AND PRESERVATION OF PROPERTY: The bidder shall use due care to avoid damaging all property associated with, adjacent to, or in any way affected by the work being performed. The bidder shall be responsible for the protection of all buildings, structures, and utilities that are underground, above ground, or on the surface from their operations that may be hazardous and/or damaging to said facilities. Bidder shall leave work site in a neat and orderly fashion at the end of each work day. Any damage occurring to such items by bidder shall be immediately repaired or replaced to a condition at least equal to that which existed prior to the damage. All costs incurred for repair or replacement shall be borne by the successful bidder. Any damages not repaired or replaced by the bidder within ten (10) calendar days from notification will be fixed by the County or its contractor and the cost shall be paid by the bidder or deducted from their invoice. VIOLATIONS/DEFAULT: In the event the awarded bidder(s) should violate any provisions of this bid, such bidder will be given written notice stating the deficiencies and given ten (10) days to correct deficiencies found. The County reserves the right to terminate any bid, contract, or purchase order at any time due to any violation. In the event the awarded bidder(s) should breach this contract, the County reserves the right to seek all remedies in law and/or in equity. Failure of an awarded bidder to adhere to completion dates defined by bidder and County may result in no further purchase being made with such bidder under this Bid. 17 BID FORMRFPNo.18/19-2,VARIOUS EQUIPMENT AND AMENITIES FOR PARKS ANDPLAYGROUNDS Bidder:Rep Services,Inc. Address:581 Technology Park.Suite 1QQ9 City,State and Zip:Lake Mary FL 32746 Phone:407-831-9653 Email:nathan@repservices.com Contact Name(s):Nathan AlmonAfa Signature of Bidder *Bidder can provide additional price information related to Ball Field Lighting MANUFACTURER CATALOGS: Manufacturer:Landscape Structures Playground Equipment Fixed Percentage Discount off MSRP:2% Custom equipment priced per project and is not included in standard price list. Installation (Fixed Percentage of cost after discounts of equipment):50% tz± Manufacturer:Skyways Shade Fixed Percentage Discount off MSRP:2% Custom shade priced per project Installation (Fixed Percentage of cost after discounts of equipment):75% 75%Fixed Percentage does not include:foundations,concrete slabs,or permitting,. Manufacturer:USA Shade Fixed Percentage Discount off MSRP:2% Custom shade priced perproject. Installation (Fixed Percentage of cost after discounts of equipment):75% 75%Fixed Percentage does not include:foundations,concrete slabs or permitting. Manufacturer:Poiigon/Parasol Shade Fixed Percentage Discount off MSRP:2%Shades &shelters priced as custom. Installation (Fixed Percentage of cost after discounts of equipment):75% 75%Fixed Percentage does not include:foundations,concrete slabs or permitting. (MULTIPLE SHEETS CAN BE USED) 18 BID FORM RFP No.18/19-2,VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS Bidder:Rep Services,Inc. Address:581 Technology Park City,State and Zip:Lake Mary FL 32^46 Phone:407-831-9658 Email:nathan@repservices.com Contact Name(s):Nathan Aimon r\ f '&.ZSJ Signature of Bidder *Bidder can provide additional price information related to Ball Field Lighting MANUFACTURER CATALOGS: Manufacturer:Aquatix Fixed Percentage Discount off MSRP:2% Installation (Fixed Percentage of cost after discounts of equipment):100% Manufacturer:Porter/Poligon Shelters Fixed Percentage Discount off MSRP:2% Shelters priced as custom per project. Installation (Fixed Percentage of cost after discounts of equipment):75% 75%Fixed Percentage does not induce foundations,concrete slabs or permitting. Manufacturer:DuMor Site Furnishings Fixed Percentage Discount off MSRP:2% Custom equipment priced separately and is not included in standard price list Installation (Fixed Percentage of cost after discounts of equipment):50% Manufacturer:Anova Site Furnishings Fixed Percentage Discount off MSRP:2% Custom equipment priced separately and is not included in standard price list. Installation (Fixed Percentage of cost after discounts of equipment):50% (MULTIPLE SHEETS CAN BE USED) 18 BID FORM RFP No.18/19-2.VARIOUS EQUIPMENT AND AMENITIES FOR PARKS ANDPLAYGROUNDS Bidder:Rep Services,inc. Address:581 Technology Park City,State and Zip:Lake Mary.FL Phone:407-831-9658 Email:nathan@repservices.com Contact Namefsl:Nathan Almon /0 /» i Signature of Bidder *Bidder can provide additional price information related to Ball Field Lighting MANUFACTURER CATALOGS: Manufacturer:Hanover Specialites Poured in place Safety Surfacinfl-EPDM,Bondflex &Granuflex Fixed Percentage Discount off MSRP:2% Installation (Fixed Percentage of cost after discounts of equipment):Installation included in price per SF Manufacturer:No Fault Safety Surfacing Fixed Percentage Discount off MSRP:2% Installation (Fixed Percentage of cost after discounts of equipment):lnstrlht:o-included in price per SF Manufacturer:ForeverLawr. Fixed Percentage Discount off MSRP:2% Installation (Fixed Percentage of cost after discounts of equipment):Installation included in price per SF Manufacturer:Irvine Wood Recovery Fixed Percentage Discount off MSRP:2% Installation (Fixed Percentage of cost after discounts of equipment):50% (MULTIPLE SHEETS CAN BE USED) 18 RFP #18-19-2, Various Equipment And Amenities For Parks And Playgrounds SUB-CONTRACTOR EQUIPMENT INSTALLERS: Business Name: Address: Phone Number: Contact Name: Business Name: Address: Phone Number: Contact Name: Business Name: Address: Phone Number: Contact Name: Note: Upon request bidders must supply WRITTEN CERTIFICATION (s) naming bidder, and/or each of its sub-contractor installer(s), as an authorized installer certified to install park and playground equipment as required by each manufacturer. Installers shall have a Certified National Playground Safety Inspector (NPSI) present during installations and repairs. (MULTIPLE SHEETS CAN BE USED) 19 WARRANTY INFORMATION FORM MAKE AND MODEL OF EQUIPMENT PROPOSED:See attached warranties Is there a warranty on the equipment proposed?X Yes No Does the warranty apply to ALL components or only part?(State Explicitly) See attached warranties Parts Warranty Period:Service Warranty Period: Nearest source for parts and/or service center (s): Rep Services,Inc.581 Technology Park,Suite 1009.Lake Mary FI 32746 Contact Carrie Humbert.Phone-407-915-7855.E-mail-chumbert@repservices.com Name,address and phone number of the authorized service center (s): 1)See above 2) 3) Name,address and phone number of the authority issuing this warranty:(Manufacturer,Distributor,etc.) See attached warranties COPY OF COMPLETE WARRANTY STATEMENT IS SUBMITTED HEREWITH:_X Yes No Name of Bidder:Nathan Almon Signature Title President Phone Number 407-831-9658 (MULTIPLE SHEETS CAN BE USED) 20 Example Request for Quotation Various Equipment and Amenities for Parks and Playgrounds Description of Project: A site plan (not to scale), along with drawing of proposed amenities, is attached. A mandatory site visit is scheduled for at . Price Quotation: Manufacturer Item and Page Number Quantity MSRP Unit Price Contract Discount Extended Price *When quoting projects where freight would be charged, include those costs so freight charges can appear on the purchase order. Freight charges for equipment must be pre-paid and added to the invoice. Additional Services Required: Description Quantity Unit Price Extended Price Total: $ List any Subcontractors: 1. Name 2. Address 3. Telephone Number 4. Contact Name 5. Designated Work 6. Subcontractor Cost 21 RFP No.18/19-2,VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS CORPORATE DETAIL Failure to complete all fields may result in your bid being rejected as non-responsive. COMPANY NAME:Rep Services,Inc, ADDRESS:581 Technology Park,Suite 1009 Lake Mary,FL 32745 TELEPHONE:407-831-9658 FAX #: E-MAIL: 866-232-8532 nathan@repservices.com Name of Person submitting Bid:Nathan Almon Title:President Signature: Date: ADDENDA ACKNOWLEDGMENT: Bidder acknowledges receipt of the following addendum: Addendum No.Date:Acknowledged by: Addendum No.Date:Acknowledged by: Addendum No.Date:Acknowledged by: 22 Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion Form RFP No.18/19-2.VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS (1)The prospective Vendor,Rep Services,hr-,certifies,by submissionofthisdocument,that neither it nor its principals is presently debarred,suspended, proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal Department or Agency. (2)Where the Vendor is unable to certify to the above statement,the prospective Vendor shall attach an explanation to this form. Vendor: Rep Services,Inc. By:</L Signature Nathan Almon/President Name and Title 581 Technology Park.Suite 1009 Street Address Lake Mary,FL 32746 City,State,Zip Date 23 Scrutinized Companies Certification [Clay County RFP No.18/19-2,VARIOUS EQUIPMENT AND AMENITIES FOR PARKS ANDPLAYGROUNDS1 Name of Company:1 Rep Services,Inc. In compliance with subsection (5)of Section 287.135(5),Florida Statutes (the Statute),the undersigned hereby certifies that the company named above is not participating in a boycott of Israel as defined in subsection (1)of the Statute;is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List as referred to in subsection (2)of the Statute;and does not have business operations in Cuba or Syria as defined in subsection (1)of the Statute. Insert Name of Company: Rep Services,Inc. (Seal) By:Nathan Alnon si Its President 1 “Company”means a sole proprietorship,organization,association,corporation,partnership,joint venture,limited partnership,limited liability partnership,limited liability company,or otherentity or business association,including allwhollyownedsubsidiaries,majority-owned subsidiaries,parent companies,or affiliates of such entities or businessassociations,that exists for the purpose of making profit. 24 “NO BID” Statement RFP No. 18/19-2, VARIOUS EQUIPMENT AND AMENITIES FOR PARKS AND PLAYGROUNDS If your company does not intend to bid on this procurement, please complete and return this form prior to the date shown for receipt of Bids to: Clay County Purchasing Department, Attn: Donna Fish, 477 Houston Street, Green Cove Springs, FL 32043 We, the undersigned, decline to bid on the above referenced invitation to bid for the following reasons: Specifications are too restrictive (please explain below or attach separately) Unable to meet specifications Specifications were unclear (please explain below or attach separately) Insufficient time to respond We do not offer this product or service Our schedule would not permit us to perform at this time Unable to meet bond requirements Other (please explain below or attach separately) Remarks: _________________________________________________________________________ ______________________________________________________________________ Company Name: Telephone #:_____________________ Signature: Fax #: ________________________ Print Name: Title: __________________________ Address: _________________________________________________________________ City: Zip: _______________________________________ 25 CHAPTER 8: PROCEDURES FOR PUBLIC BID OPENINGS (A) Purpose: The purpose of this chapter is to specify procedures for the submittal, receipt, opening and recording of all formal bids required by all of the various laws, ordinances, and other procedures and manuals governing the solicitation and awarding of public bids in Clay County, Florida, including but not limited to: a. Section 336.44, Florida Statues (2001). b. Applicable Provisions of Clay County Code. c. Florida Department of Transportation Standard Specifications, most recent edition. (B) Time of Opening: All bids shall be submitted to the Purchasing department, 4th Floor, Clay County Administration Building, 477 Houston Street, Green Cove Springs, Florida, which shall record receipt thereof by date and time on the bid envelope. Upon receipt, the Purchasing department will maintain custody and control of all bid submittals until after they have been opened. The deadline for a particular bid submittal shall be 4:00 P.M., of the Monday immediately preceding the Tuesday upon which the bid is to be opened. No bid shall be opened unless and until proof by publisher's affidavit of publication of the bid solicitation is received and filed by the Purchasing department. Bidders and the public are welcomed to attend the opening and all subsequent committee and commission meetings related to the bids. (C) Form of Bid Submittal: All bids shall be submitted in triplicate, (and if applicable only on the forms provided by the County or its staff). Each bid and its accompanying materials shall be submitted in a single, sealed and opaque envelope. The following items shall be prominently marked on the cover of the envelope by the party making the submittal prior thereto: a. The number assigned to the particular bid solicitation. b. The title of the bid exactly as it appeared in the published solicitation. c. The date of the bid opening. (D) Bid Receipt Procedure: The County Manager shall, in cooperation with his or her Department heads and the Purchasing department, assign a specific and discrete number and title to each bid solicitation, which shall be contained in the Request for Bids, the newspaper publication, specifications and the Bid Form thereof. Three copies of each request for bid shall be submitted to the Purchasing department for distribution as provided in Section F hereof, and the "Request For Bids" shall be signed prior to publication. (E) Place of Opening: All bids properly submitted shall be opened in a public location so designated in the bid solicitation. (F) Distribution of Copies: Upon the opening of a bid, one copy shall be distributed to the head of the originating department. Purchasing shall submit to the Finance committee of the Board a tabulated list of all bidders and their bids, including bid number, name, staff assigned, a recommendation to include but not be limited to the lowest responsive and responsible bid, or in a proper circumstance the best bid, budget information and alternatives. All staff assigned to evaluate bid and RFP responses shall do so observing all requirements of the Sunshine Law and 26 in meetings noticed at least 72 hours in advance thereof. The Purchasing department shall serve as the permanent record holder for the County Manager. (G) Committee Review, Report and Recommendations: Bids shall be reviewed by the Board’s Finance committee following the bid opening. The Committee should, in the absence of unusual circumstances, report its recommendation to the Board at the Board's next regularly scheduled meeting, which shall include a tabulated list of all bidders and their bids. In all events, the County Manager shall cause to be spread upon the minutes of the regular meeting of the Board next following the opening of a particular bid, a list of all bidders and their bids. Upon being awarded a bid, and if a contract is entered into with the successful bidder then the County’s Standard Addendum and IRS Form W-9, Request for Taxpayer Identification and Certification must be completed. (H) Ineligible Bid: Any bid that does not meet the foregoing requirements for form, time of submittal, number of copies or the specifications advertised will be rejected and the reasons stated therefor; provided that the Purchasing department shall reject and return unopened all bids which do not meet the foregoing requirements for time of submittal, or envelope markings. Bids that do not meet requirements for form will be rejected and declared "No Bid". The Board reserves the power to reject all bids and in its discretion to re-advertise the solicitation. (I) Bid Withdrawal Period: Any bid submitted requires a five (5) percent bond unless waived by the Board prior to solicitation, which cannot be withdrawn for a period of 30 days subsequent to the date of the bid opening, notice of which shall be incorporated in all requests for bids. As used herein, the term bond shall include cashier or certified checks payable to the County. All such checks shall be held by the Finance department for safekeeping immediately upon acceptance of the bid (but not deposited). The Finance department is hereby authorized to return each bond to the submitting party, as soon as practicable, upon written request to the Finance department, but only after a bid and contract have been awarded and executed between the County and the successful bidder for a particular project, or in the event that all bids have been rejected by the Board, or in the event the time provided that the bid shall remain in effect shall have expired and the bid submitter requests its return in writing. (1) Vendors bidding on SHIP rehabilitation projects are exempt from the bid bond requirements delineated in 8(I) above or as may be otherwise stated elsewhere in this policy document. (2) Vendors bidding on commodities price contracts, or any other type of contract that does not commit the Board to an actual exchange transaction (purchase) but rather seeks only a fixed unit price commitment from a vendor in the event a future purchase decision is made, shall be exempt from the bid bond requirements delineated in 8(I) above or as may be otherwise stated elsewhere in this policy document. (J) Bid Addenda: All addenda distributed subsequent to the initial distribution of specifications shall be sent by certified mail/return receipt requested, said return receipt to be returned to the Purchasing department identified by bid number. Prior to mailing, a copy of each addendum shall be received by the Purchasing department, provided that no addendum shall be mailed later than five (5) working days prior to the scheduled bid opening date. 27 (K) Bid Tabulation Form: The bid Tabulation Form used at bid openings shall include a place thereon for three witnesses to sign. This procedure will eliminate the need for signing each individual bid at the time of opening, thus requiring the three witnesses to sign only once for each bid number submitted. (L) Authority to Delay Bid Openings: The County Manager is hereby authorized, without seeking prior approval of the Board in any particular case, to order a delay of any bid opening from its scheduled date and time to a time certain on the agenda of the next regularly scheduled meeting of the Board, or such special meeting called for such purpose. The delay may be ordered at any time prior to the time of the scheduled opening, provided that such order be in writing, addressed and delivered to the Purchasing department with a copy delivered to the County Manager, and that copies thereof be mailed by certified mail, return receipt requested to all responding bidders as soon thereafter as is reasonably practicable. Upon receipt of the order, the Purchasing department shall immediately record the date and time thereof. The Purchasing department shall continue to accept sealed bids up until the applicable deadline. At the date and time originally scheduled for the bid opening, the Purchasing department shall announce the delay order to all in attendance and shall continue to maintain in its custody all properly submitted sealed bids until further order of the Board. At the time certain scheduled before the Board, the County Manager shall present his reason or reasons for the delay order and his recommendation for disposition of bids submitted. The Board may order the bids to be opened then and there, or at some other time and date certain; it may cancel the bid and order the return of all bids unopened; it may order a further delay of the bid opening; or it may make any other order appropriate to the circumstances. If the bids are ultimately opened, they shall be reviewed as provided elsewhere herein. If a delay occurs as provided herein, then the 30 day withdrawal period as provided in 8(I) shall commence upon the date of the actual bid opening, provided such date is not more than 60 days subsequent to the originally scheduled date. No delay shall be ordered beyond such 60 day period, unless the parties submitting timely bids consent to such delay in writing. In no event is the County Manager authorized to extend the deadline for bid submittals for any particular project, only the bid opening date. (M) Contractor's Insurance Requirement: 1. Any Contractor submitting a bid for any public works project must include, within its initial bid response, proof of the following insurance, in effect continuously from the date of submittal through the 60 days subsequent to the scheduled bid opening date: a. Commercial General Liability 1. General Aggregate $1,000,000 2. Products and Completed Operations Aggregate $1,000,000 3. Personal and Advertising Injury $1,000,000 4. Each Occurrence $1,000,000 5. Fire Damage (any one fire) $ 50,000 6. Medical Expense (any one person) $ 5,000 b. Automobile Liability 1. Any automobile-Combined bodily injury/property damage, $1,000,000 with minimum limits for all additional coverage as required by Florida law 28 c. Workers Compensation/Employers Liability 1. Workers Compensation statutory limits 2. Employers Liability a. Each Accident $ 100,000 b. Disease-Policy $ 500,000 c. Disease-Each Employee $ 100,000 d. Professional Liability 1. When required by contract-per occurrence $1,000,000 2. Upon being awarded the bid, the contractor must provide proof that such insurance will be in effect from the date of commencement of the project. The contractor will maintain insurance coverage at the above-prescribed levels through the date of completion of the project and that coverage will include all independent contractors and subcontractors. Either prior to or simultaneously with the execution of the contract, the successful bidder must deliver certificates of insurance for the required insurance coverages to the County naming “Clay County, a political subdivision of the State of Florida; The Board of County Commissioners, Clay County, Florida; and all public agencies of Clay County, as their interests may appear” as “Additional Insureds.” Said certificates of insurance shall also include a thirty day prior written notice of cancellation, modification or non-renewal to be provided to the County. 3. The Board reserves the right to waive, raise or lower the minimum coverages required for particular projects prior to bid solicitation by affirmative action. The Board will not waive any defects in a bid submittal pertaining to matters under this subsection. (N) Bid Awards and Protests: 1. Both the INSTRUCTIONS and the PUBLISHED NOTICE for every sealed bid solicitation shall include conspicuously the following statements: FOLLOWING THE BID OPENING AND TABULATION, A “NOTICE OF INTENT TO AWARD BID” OR A “NOTICE OF REJECTION OF ALL BIDS” WILL BE POSTED ON THE INTERNET AT: [insert bid notice web address1]. THIS WEBPAGE CAN ALSO BE ACCESSED FROM THE HOMEPAGE OF THE COUNTY’S WEBSITE AT: [insert County’s homepage address2] BY [insert suitable directions3]. NO OTHER NOTICE WILL BE POSTED. 1 As of the date on which this Purchasing Policy was adopted, the bid notice web address was: http://www.claycountygov.com/departments/purchasing-division/bcc-bid-tabs-current-bids-intent-bids-rejection- bids 2 As of the date on which this Purchasing Policy was adopted, the County’s homepage address was: http://www.claycountygov.com/. 3 As of the date on which this Purchasing Policy was adopted, suitable directions would be: “FOLLOWING THE “Notice of Intent Bids” LINK UNDER THE “Business” ROLLOVER BUTTON”. 29 PROSPECTIVE BIDDERS ARE NOTIFIED THAT THE FAILURE TO INCLUDE WITHIN THE SEALED BID ENVELOPE A PROPER BID BOND OR OTHER SECURITY APPROVED UNDER THE COUNTY’S PURCHASING POLICY, IF REQUIRED FOR THIS SOLICITATION, OR THE FAILURE TO FILE A WRITTEN NOTICE OF PROTEST AND TO FILE A WRITTEN PETITION INITIATING A FORMAL PROTEST PROCEEDING WITHIN THE TIMES AND IN THE MANNER PRESCRIBED IN SECTION 8.N. OF SAID POLICY, SHALL CONSTITUTE A WAIVER OF THE RIGHT TO PROTEST THE BID SOLICITATION, ANY ADDENDUM THERETO, OR THE BID DECISION, AS APPLICABLE, AND TO INITIATE A FORMAL PROTEST PROCEEDING UNDER SAID POLICY. THE COUNTY’S PURCHASING POLICY CAN BE VIEWED AT THE COUNTY’S WEBSITE BY FOLLOWING THE APPROPRIATE LINKS FROM THE HOMEPAGE ADDRESS SET FORTH ABOVE. IF A PROSPECTIVE BIDDER IS IN DOUBT WHETHER THIS SOLICITATION REQUIRES A BID BOND, SUCH PROSPECTIVE BIDDER IS SOLELY RESPONSIBLE FOR MAKING APPROPRIATE INQUIRY. 2. Unless otherwise expressly directed by the Board in its decision on a bid award, immediately following such decision the County Manager shall cause a “Notice of Intent to Award Bid” or a “Notice of Rejection of All Bids” to be posted on the County’s website, with the time and date of posting appearing thereon. Notice shall not be posted elsewhere. The notice shall be posted in portable document format or other secure format. 3. The failure on the part of a prospective bidder to include within the sealed bid envelope a proper bid bond or other security approved under this policy, if required for the particular bid solicitation, or the failure by a prospective bidder to file a written notice of protest and to file a written petition initiating a formal protest proceeding within the times and in the manner prescribed in this section shall constitute a waiver of the prospective bidder’s right to protest the bid solicitation, any addendum thereto, the Board’s bid decision, as applicable, and to initiate a formal protest proceeding hereunder. 4. A prospective bidder is solely responsible for determining whether a particular bid solicitation requires a bid bond, and for resolving any doubt by making appropriate inquiry. 5. The County Manager shall cause a copy of this policy to be posted on the County’s website in portable document format or other secure format. The County Manager shall cause to be established conspicuous and easy-to-follow links to the policy from the homepage. 6. Any person who is adversely affected by a bid solicitation, by any addendum thereto, or by a bid decision may file with the County Manager a written notice of protest no later than 4:30 p.m. on the third business day immediately following the date notice is published, with respect to a bid solicitation; no later than 4:30 p.m. on the third business day immediately following the date of issuance, with respect to a bid addendum; and within 72 hours after the posting of the notice, exclusive of hours occurring during days that are other than business days, with respect to a bid decision. 30 7. A formal protest proceeding shall be deemed commenced upon the timely filing of a written petition initiating the same. A written petition initiating a formal protest proceeding must be filed with the County Manager no later than 4:30 p.m. on the tenth calendar day immediately following the date on which the written notice of protest was filed; provided, if the tenth calendar day is not a business day, then the petition must be filed no later than 4:30 p.m. on the first business day immediately following said tenth calendar day. The petition must set forth with particularity the facts and law upon which the protest is based. The petition must conform substantially with the requirements for petitions set forth in Rule 28-106.201, Florida Administrative Code. References in this section to a petition shall mean a written petition initiating a formal protest proceeding filed in accordance with this subsection. 8. Any protest of a bid solicitation or bid addendum shall pertain exclusively to the terms, conditions, and specifications contained in a bid solicitation or bid addendum, including any provisions governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract. 9. Upon receipt of a formal written notice of protest that has been timely filed, the County Manager shall suspend the bid solicitation or bid award process until the subject of the protest is resolved by final action as specified in this section, unless the County Manager sets forth in writing particular facts and circumstances which require the continuance of the solicitation or award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare. Such suspension shall be lifted immediately in the event the protesting party shall have failed to timely file a petition. 10. Intervenors shall be permitted to participate in the formal protest proceeding in accordance with the procedures governing intervenor practice set forth in Rule Chapter 28-106, Florida Administrative Code, and shall be subject to all limitations provided therein applicable to intervenors. 11. In his or her discretion, the County Manager may provide an opportunity to resolve the protest by mutual agreement between the County Manager and the protesting party within 7 calendar days after receipt of a timely petition. Such agreement must be reduced to writing, signed by the County Manager and the protesting party or such party’s authorized agent, and submitted to the Board at the earliest opportunity. The agreement shall not be deemed effective unless ratified by the Board. If the Board shall fail to ratify the agreement, then the protest shall proceed to resolution as hereinafter provided. 12. Within 10 business days following the timely filing of a petition, or, if the Board shall have considered but failed to ratify an agreement submitted to it under subsection 11, then within 10 business days thereafter, a hearing shall be conducted pursuant to subsection 13 before a hearing officer, who shall be the County Manager or his or her designee. The County Manager may designate any department head as the hearing officer; provided, a department head who is substantially involved in or connected with the bid solicitation or bid award process shall be deemed disqualified from serving as the hearing officer, unless such involvement or connection is purely ministerial in nature. 31 13. All hearings shall be conducted pursuant to written notice to the protesting party, the County Attorney’s Office and all intervenors by the hearing officer specifying the time, date and place of the hearing. Particular rules and procedures governing each such hearing are as follows: a. The audio thereof shall be recorded electronically. b. Prior to the hearing only, motion practice may be permitted by the hearing officer in his or her discretion in accordance with the rules governing the same set forth in Rule Chapter 28-106, Florida Administrative Code. All motions shall be ruled upon prior to or at the start of the hearing, except that rulings on motions in limine may be deferred to an appropriate time during or after the hearing. c. Prior to the hearing, the protesting party, the County and all intervenors must confer and endeavor to stipulate to as many relevant and undisputed facts upon which the decision is to be based as may be practicable. Such stipulation must also identify those issues of material fact, if any, that remain in dispute. The stipulation must be reduced to a writing signed by or on behalf of the protesting party, the County and all intervenors, and be submitted to the hearing officer at least two business days prior to the hearing. The stipulation may include an appendix comprising documents that shall be deemed admitted and considered as evidence for purposes of the hearing, or referring to tangible items deemed admitted and considered as evidence for purposes of the hearing, which items shall either be presented at the hearing or, if such presentation is impractical, submitted to the hearing officer by graphic, descriptive, representational, photographic, videotape or similar medium properly depicting or characterizing the items. d. The protesting party and all intervenors shall have the right to appear before the hearing officer at the hearing in proper person or through counsel and, as to those issues of material fact, if any, that remain in dispute, as identified in the stipulation, to present relevant testimonial, documentary and tangible evidence, and to be heard on the substantive issues bearing on the protest. The County shall be deemed a party to the proceeding, and the County Attorney or any assistant county attorney may participate in the protest proceeding, appear before the hearing officer, present evidence and be heard on behalf of the County. e. All witnesses shall be placed under oath by the hearing officer prior to testifying, and shall be subject to cross-examination by any hearing participant. f. Hearsay evidence shall be admissible unless the hearing officer shall determine the same to be redundant, unreliable or prejudicial. g. At the hearing any hearing participant may offer appropriate argument and summation, and submit a written brief and a proposed order, but only after the conclusion of the evidentiary portion of the hearing, if any. 32 h. Immediately following the hearing, the County Manager shall cause a written transcript of all testimonial evidence introduced at the hearing to be prepared expeditiously based upon the audio recording, and shall provide copies of the same to all of the hearing participants. i. Within 7 business days following the hearing, the hearing officer shall submit a recommended order to the County Manager and serve copies on all hearing participants; provided, if the County Manager is the hearing officer, then within 7 business days following the hearing, the County Manager shall issue a recommended order and serve copies on all hearing participants. The recommended order shall contain findings of fact and, based upon such facts, a disposition of the protest; provided, no finding of fact may be predicated solely upon the basis of hearsay. j. The recommended order shall thereafter be submitted to the Board along with the transcript of the hearing testimony and the entire written and tangible record of the protest proceedings at the earliest opportunity to be considered at a time certain, with notice thereof served upon the hearing participants. Each of the hearing participants shall be allowed 3 minutes to address the Board regarding the recommended order, unless the Chairman in his or her discretion shall allow additional time. If a hearing participant intends to challenge any finding of fact in a recommended order that was based upon testimonial evidence, such participant shall be allowed 2 additional minutes for such purpose, and may direct the attention of the Board members to any portion of the transcript relevant to the challenge. The other hearing participants shall each have the right to offer argument in rebuttal to the challenge, and to direct the attention of the Board members to any portion of the transcript relevant to the rebuttal. No testimony or other evidence beyond the record and the transcript shall be presented to the Board. Thereafter the Board shall render its decision on the protest. In so doing the Board shall be bound by the findings of fact in the recommended order that are based upon testimonial evidence, except those for which it upholds a challenge. A challenge shall be upheld only if the finding of fact is not supported by competent, substantial evidence in the record or in the transcript. Otherwise, the Board shall not be bound by any of the provisions of the recommended order. The decision of the Board shall be reduced to a written order signed by the Chairman, and shall constitute final action of the County on the protest. k. The date, type and substance of all ex parte communications between any Board member and a hearing participant, including counsel therefor or any agent thereof, and between any Board member and third party, must be publicly disclosed by the Board member prior to the rendering of the Board’s decision. All such communications that are written or received electronically must be filed for the record, and copies thereof provided to each Board member and hearing participant. 14. All proceedings before the hearing officer shall be informal, and customary rules of evidence shall be relaxed. In all respects both the hearing officer and the Board shall observe the requirements of procedural and substantive due process that are the minimum necessary for accomplishing a fair, just and expeditious resolution of the protest. 33 15. Ex parte communications between a hearing participant and the hearing officer are forbidden. The hearing officer may take such steps as he or she may deem just and appropriate to prevent or sanction attempted ex parte communications, including promptly disclosing the attempted communication, or requiring the offending hearing participant to disclose promptly the attempted communication, to the other hearing participants. Where necessary, the hearing officer may recuse himself or herself, and the subsequently designated hearing officer may order the offending participant to pay for all or any portion of the costs incurred by the County and any other hearing participant strictly as a consequence of the ex parte communication or attempted ex parte communication, else be excluded from further participation. Neither the County Attorney nor any assistant county attorney shall be subject to this subsection or prohibited from engaging in ex parte communications with the hearing officer. 16. The purpose of this policy is to promote fairness and public confidence in the competitive bidding process. To further such end, and except as otherwise specifically provided herein, the substantive law governing the resolution of bid protests found in the decisions of the Florida appellate courts, as well as any statutes or agency rules that may be applicable to the particular bid solicitation, shall guide the hearing officer and the Board in rendering a decision on a bid protest under this section. The significant principles of law governing the bid protest and the resolution thereof, which shall prevail to the extent not otherwise in conflict with any governing statutes or agency rules, are as follows: a. The burden is on the party protesting the award of the bid to establish a ground for invalidating the award. b. The standard of proof for the protest proceeding shall be whether the proposed award was clearly erroneous, contrary to competition, arbitrary, or capricious. c. The proposed award shall be deemed arbitrary or capricious if it is contrary in a material way to any governing statutes, the County’s rules or policies, or the bid or proposal instructions or specifications. d. The scope of the inquiry is limited initially to whether the proposed award is improper under the foregoing standard of proof. If and only if the hearing officer first determines on the basis of competent and substantial evidence that the proposed award is improper, then the hearing officer may recommend, in accordance with the law and this policy, an alternate disposition for the proposed award. Such disposition may include, but shall not be limited to, rejecting all bids, or awarding all or a portion of the bid to the protesting party. e. A bid protest proceeding may not serve as a vehicle for the Board to revisit the proposed award absent a determination of impropriety as set forth above. 17. By written agreement amongst the protesting party, the County, and all then-existing intervenors, any provision of this section pertaining to the procedures for resolving a protest for which a petition has been timely filed may be modified or waived so long as such modification 34 or waiver shall not hinder or thwart the proper and expeditious resolution of the protest, or otherwise operate to undermine the salutary purposes of competitive, public bidding. 18. Only to the extent necessary to avoid a miscarriage of justice or to prevent a manifest violation of a hearing participant’s procedural or substantive due process rights, a hearing officer may modify or suspend the applicability of any of the provisions or requirements of this section in the course of conducting a protest proceeding hereunder; provided, a hearing officer may not modify or suspend any of the provisions or requirements of subsections 3, 4, 6, 7, 8, 16, 20, 21 and 22 hereof. 19. Except and to the extent specifically provided in this section, and except and to the extent otherwise specified provided by written agreement amongst the protesting party, the County, and all then-existing intervenors, no provisions of Rule Chapter 28-106, Florida Administrative Code, shall be deemed applicable to the resolution of protests under this section. 20. For purposes of this section, the filing with the County Manager of a written notice of protest or of a written petition initiating a formal protest proceeding shall be deemed accomplished only when the original written notice or original written petition has been physically received by the County Manager or his or her designee. A notice or petition shall be deemed original only if it bears the original signature of the protesting party or such party’s authorized agent. No notice or petition may be filed by facsimile transmission or by e-mail, and any notice or petition received in such manner shall be deemed unfiled and ineffective. The use of an overnight delivery service or of the United States Postal Service to file a notice or petition shall be entirely at the risk of the person submitting the same, and any such notice or petition so received after the applicable deadline shall be deemed untimely. 21. For purposes of this section, a business day shall mean any 24-hour day that is not a Saturday, a Sunday, or a holiday observed by the County. 22. For purposes of this section, counsel shall mean an attorney who is a member of the Florida Bar in good standing. 23. For purposes of this section, all notices of protest and petitions initiating formal protest proceedings, and all stipulations, briefs, proposed findings of fact, written motions and proposed orders submitted to a hearing officer shall be on white, opaque paper 8 ½ by 11 inches in size. The pages of all such documents shall have margins on all sides of not less than 1 inch; shall be in Times New Roman or Courier New font no smaller than 12 in size, including footnotes and endnotes; shall have standard double-spacing between lines, excluding quotations, footnotes and endnotes; and shall be numbered at the bottom. All quotations shall be indented. Briefs shall not exceed 15 pages in length, and may not include any appendices. A digital copy of all written stipulations, briefs, proposed findings of fact, written motions and proposed orders submitted to the hearing officer must be simultaneously provided to the hearing officer in Word format, version 2000 or later, on compact disc or 3 ½” diskette. 24. For purposes of this section, a hearing participant shall mean and include the protesting party, the County and any intervenor. 35 25. This section shall be construed and implemented so as to secure the just, speedy, and inexpensive resolution of bid protests. (O) UTILITY RELOCATION AGREEMENTS: Prior to soliciting bids for right of way improvements and other public works projects that require the removal or relocation of utilities, agreements with the affected utilities must be entered into providing for the terms, scheduling and conditions of such relocation and removal. The County Manager may develop and maintain such form of agreement as may be appropriate for accomplishing the requirements of this section. (Resolution No. 09/10-65) (P) NO-CONTACT RULE: (Resolution No. 09/10-81) 1. As used in this section and unless the context clearly requires otherwise, the following terms and phrases shall have the meanings herein ascribed: a. Contacting shall mean communicating or attempting to communicate by any means, whether orally, telephonically, electronically or in writing. b. Bidder shall mean any person or entity submitting a response to a bid solicitation, and shall include all owners, shareholders, principals, officers, employees and agents thereof. c. Bid shall mean any bid, request for proposals and request for qualifications. d. Solicitation period shall mean the time between the publication of the notice of the bid and the opening of the bid. e. Evaluation period shall mean the time between the opening of the bid and the award thereof by the Board of County Commissioners. 2. The instructions for all solicitations of bids to be submitted under seal shall include provisions prohibiting bidders from contacting (i) any member of the Board of County Commissioners, the County Manager or any County employee or agent regarding the solicitation in any respect during the solicitation period, and (ii) the County Manager or any County employee or agent regarding the solicitation in any respect during the evaluation period. The violation of this rule shall result in the automatic disqualification of any response to a bid solicitation submitted by the violator, and the foregoing instructions shall so state. 3. The no-contact rule set forth in subsection 2 shall not apply to inquiries submitted to County employees or agents in the manner specifically provided in the bid solicitation package regarding the distribution thereof, or to communications seeking clarification regarding instructions or specifications submitted to County employees or agents in the manner specifically provided in the bid solicitation package, or to pre-bid conferences provided for in the bid solicitation package, or to formal presentations by finalists to the Board of County Commissioners or any committee thereof specifically contemplated in the bid solicitation package. 36 4. The purpose of the no-contact rule set forth in subsection 2 is to prevent any one bidder from gaining an advantage over other bidders through lobbying or otherwise attempting to influence the procurement decision through discussions or the presentation of information or materials outside of the process contemplated in the bid solicitation package and this purchasing policy, and also to ensure that the dissemination of information from the County entity to bidders regarding the bid solicitation is equal and uniform. 37 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD REPSE-1 OP ID: FRCA 08/09/2018 Peter Katauskas Alexander Insurance Agency 541 S. Orlando Ave., Suite 206 Maitland, FL 32751 Peter Katauskas 407-629-4825 407-629-5407 pkatauskas@alexfinancial.com Hartford Insurance Co of SE Hartford Insurance CompanyRep Services, Inc. 581 Technology Park #1009 Lake Mary, FL 32746-6239 Travelers Indemnity Co of Amer Evanston Insurance Company Lloyd's A X 1,000,000 X 21SBABK3355 08/01/2018 08/01/2019 500,000 X 10,000 1,000,000 2,000,000 see below 1,000,000B X 21UECHV0794 08/01/2018 08/01/2019 X X XX 5,000,000D MKLV3EUL100843 08/01/2018 08/01/2019 5,000,000 10,000X XC UB-3J747620 08/01/2018 08/01/2019 1,000,000N1,000,000 1,000,000 D 3C32545 08/01/2018 08/01/2019 Occ/Agg $1m/$2M E Errors & Omissions ANE1939938 04/26/2018 04/26/2019 Claim/Agg $1M/$1M Proj: 2 CLAYCOB Clay County Board of County Commissioners 477 Houston Street Green Cove Springs, FL 32043 407-629-4825 38261 22357 25666 35378 Business Owners Products & C/Ops Playground Turf (Engineered Wood Fiber) 2019 Price List Price per cubic yard: $30.00 Price does not include delivery or installation. Specifications for Playground Turf IPEMA Certified to ASTM F1292-04 Head Impact Attenuation Testing Required for IPEMA Certification IPEMA Certified to ASTM F 2075-04 Sieve Analysis Testing Required for IPEMA Certification Tramp Metal Testing, ASTM 2075/4.6 Required for IPEMA Certification ADA WHEELCHAIR ACCESSIBILITY ASTM F1951-99 Tested to 12” of thickness from a 12’ fall height 100% Pre-Consumer Recycled Virgin Material 3,000,000 Liability Insurance Written Quality Assurance Program Installation Instructions Installation is not included in price above RFP No.18/19-2 Playground Grass Safety Surfacing Price List ForeverLawn Extreme: No Fall Height - $12.40 6’ Critical Fall Height - $14.80 6’ t 8’ Critical Fall Height - $17.15 8’ to 10’ Critical Fall Height - $18.70 10’ to 12’ Critical Fall Height - $18.70 ForeverLawn Ultra No Fall Height - $13.75 6’ Critical Fall Height - $16.20 6’ to 8’ Critical Fall Height - $18.50 8’ to 10’ Critical Fall Height - $20.15 10’ to 12’ Critical Fall Height - $20.15 Robertson Industries (Tot Turf) No Fall Height - $12.40 4’ Critical Fall Height - $16.05 6’ t 8’ Critical Fall Height - $17.55 8’ to 10’ Critical Fall Height - $18.55 10’ to 12’ Critical Fall Height - $18.55 RFP No.18/19-2 Poured in Place & Bonded Rubber Safety Surfacing Price List Pricing is based on a minimum of 2000 SF. Areas smaller than 2000 SF are priced individually. Robertson Recreational Surfaces 50%black/50%standard Color Blend: 4’ CFH - $14.50 per SF 5’ CFH - $15.00 per SF 6’ CFH - $15.00 per SF 8’ CFH - $16.50 per SF 9’ CFH - $16.75 per SF 10’ CFH - $17.25 per SF 12’ CFH - $18.00 per SF Aliphatic Urethane – additional $2.85 per SF 100% color – additional $2.55 per SF Hanover Specialties. Vitriturf 50%black/50%standard Color Blend: 4’ CFH - $14.50 per SF 5’ CFH - $15.00 per SF 6’ CFH - $15.00 per SF 8’ CFH - $16.50 per SF 9’ CFH - $16.75 per SF 10’ CFH - $17.25 per SF 12’ CFH - $18.00 per SF Aliphatic Urethane – additional $2.85 per SF 100% color – additional $2.55 per SF No Fault Sports Group 50%black/50%standard Color Blend: 6’ CFH - $16.00 per SF 7’ CFH - $17.00 per SF 8’ CFH - $18.00 per SF Aliphatic Urethane – additional $2.85 per SF 100% color – additional $2.55 per SF Signed: President Date:01/01/2019 All the warranties commence on date of Manufacturer’s invoice. Should any failure to conform to the above express warranties appear within the applicable warranty period, Manufacturer shall, upon being notified in writing promptly after discovery of the defect and within the applicable warranty period, correct such nonconformity either by repairing any defective part or parts, or by making available a replacement part within 60 days of written notification. Manufacturer shall deliver the repaired or replacement part or parts to the site free of charge, but will not be responsible for providing labor or the cost of labor for the removal of the defective part or parts, the installation of any replacement part or parts or for disposal costs of any part or parts. Replacement parts will be warranted for the balance of the original warranty. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. The remedies hereby provided shall be the exclusive and sole remedies of the purchaser. Manufacturer shall not be liable for any direct, indirect, special, incidental or consequential damages. Manufacturer neither assumes nor authorizes any employee, representative or any other person to assume for Manufacturer any other liability in connection with the sale or use of the structures sold, and there are no oral agreements or warranties collateral to or affecting this agreement. The warranties stated above are valid only if the structures and/or equipment are erected in conformance with Landscape Structures’ installation instructions and maintained according to the maintenance procedures furnished by Landscape Structures Inc.; have been subjected to normal use for the purpose for which the goods were designed; have not been exposed to saltwater or salt spray; have not been subject to misuse, negligence, vandalism, or accident; have not been subjected to addition or substitution of parts; and have not been modified, altered, or repaired by persons other than Manufacturer or Manufacturer’s designees in any respect which, in the judgement of Manufacturer, affects the condition or operation of the structures. To make a claim, send your written statement of claim, along with the original job number or invoice number to: Landscape Structures Inc. 601 7th Street South, Delano, Minnesota, 55328-8605. Landscape Structures Inc. (“Manufacturer”) warrants that all playstructures and/ or equipment sold will conform in kind and in quality to the specifications manual for the products identified in the Acknowledgment of Order and will be free of defects in manufacturing and material. Manufacturer further warrants: 100-Year Limited Warranty On all PlayBooster® and PlayShaper® aluminum posts, stainless steel fasteners, clamps, beams and caps against structural failure due to corrosion/natural deterioration or manufacturing defects, and on PlayBooster steel posts against structural failure due to material or manufacturing defects. 15-Year Limited Warranty On all Evos® and Weevos® steel arches, all plastic components (including TuffTimbers™ edging), all aluminum and steel components not covered above, Mobius® climbers, Rhapsody® Outdoor Musical Instruments, decks and TenderTuff™ coatings (except Wiggle Ladders, Chain Ladders and Swing Chain) against structural failure due to material or manufacturing defects. 10-Year Limited Warranty On concrete products against structural failure due to natural deterioration or manufacturing defects. Does not cover minor chips, hairline cracks or efflorescence. 8-Year Limited Warranty On Aeronet® climbers and climbing cables against defects in materials or manufacturing defects. 5-Year Limited Warranty On Rhapsody® cables and mallets against defects in materials or manufacturing defects. 3-Year Limited Warranty On all other parts, i.e.: Pulse® products, all swing seats and hangers, Mobius climber handholds, Wiggle Ladders, Chain Ladders and ProGuard™ Swing Chain, Track Ride trolleys and bumpers, all rocking equipment including Sway Fun® gliders, belting material, HealthBeat® resistance mechanism, Seesaws, etc., against failure due to corrosion/ natural deterioration or manufacturing defects. The environment near a saltwater coast can be extremely corrosive. Some corrosion and/or deterioration is considered “normal wear” in this environment. Product installed within 500 yards (457 meters) of a saltwater shoreline will only be covered for half the period of the standard product warranty, up to a maximum of five years, for defects caused by corrosion. Products installed in direct contact with saltwater or that are subjected to salt spray are not covered by the standard warranty for any defects caused by corrosion. This warranty does not include any cosmetic issues or wear and tear from normal use of the product, or misuse or abuse of the product. It is valid only if the playstructures and/or equipment are erected to conform with Landscape Structures’ installation instructions and maintained according to the maintenance procedures furnished by Landscape Structures Inc. 2019 Play Equipment Warranty You have our word. Terms of Sale PRICING: Landscape Structures’ list prices do not include delivery and handling charges. Prices are subject to change without notice. TERMS: To tax-supported institutions and those with established credit: net 30 days from the date of the invoice. 1.5% per month thereafter; freight charges are prepaid and applied to the invoice. TAXES: Landscape Structures’ list prices do not include applicable taxes, if any. WEIGHTS: Weights are approximate and may vary. DELIVERY: If delivery of the equipment is by common carrier, and there is damage or a shortage, notify the carrier at once and sign delivery documents provided by the carrier noting the damage or shortage. Most products are delivered on large pallets and will require a forklift or similar equipment to unload as a unit on the site. INSTALLATION: All playstructures and/or equipment are delivered unassembled and packaged with recyclable materials. For a list of factory-certified installers in your area, please contact your Landscape Structures playground consultant. SERVICE: We have knowledgeable, qualified playground consultants throughout the world who are available to help you before, during and after the sale. Landscape Structures has exclusive design software that features all of our parts and pieces in pull-down menus. With this software, your playground consultant can design a playground layout that meets not only your needs, but ASTM and CPSC standards as well. In addition, we have a full staff of NPSI-certified designers, along with 2D and 3D drawing capabilities and custom capabilities to assist you with your playground plans. RETURN POLICY: As an indication of our commitment to our customers, Landscape Structures will accept returns of new structures and/or new equipment purchased within 60 days of the original invoice date. Advance notification is necessary to ensure proper credit. Parts not included in this return policy are custom parts (including PlayShaper® posts), as well as used or damaged parts. A 20% restock fee plus all return freight charges will apply to all product returns. NOTE: All parts are subject to inspection upon return. Parts returned damaged may not receive a full credit. For this reason, it is important that all returned parts are properly packaged to prevent damage while in transit. PRODUCT CHANGES: Because of our commitment to safety, innovation, and value, we reserve the right to change specifications at any time. PLEASE CONTACT US AT: Landscape Structures Inc. 601 7th St. South Delano, MN 55328-8605 888.438.6574 (inside the U.S.A.) 763.972.5200 (outside the U.S.A.) playlsi.com 601 7th Street South • Delano, MN 55328-8605 • 888.438.6574 • 763.972.5200 • Fax 763.972.3185 • playlsi.com #253306 ©2019 Landscape Structures Inc Printed in the U.S.A. All rights reserved. #765-2114 Signed:Date:01/01/2019 All the warranties commence on date of Manufacturer’s invoice. Should any failure to conform to the above express warranties appear within the applicable warranty period, Manufacturer shall, upon being notified in writing promptly after discovery of the defect and within the applicable warranty period, correct such nonconformity either by repairing any defective part or parts, or by making available a replacement part within 60 days of written notification. Manufacturer shall deliver the repaired or replacement part or parts to the site free of charge, but will not be responsible for providing labor or the cost of labor for the removal of the defective part or parts, the installation of any replacement part or parts or for disposal costs of any part or parts. Replacement parts will be warranted for the balance of the original warranty. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. The remedies hereby provided shall be the exclusive and sole remedies of the purchaser. Manufacturer shall not be liable for any direct, indirect, special, incidental or consequential damages. Manufacturer neither assumes nor authorizes any employee, representative or any other person to assume for Manufacturer any other liability in connection with the sale or use of the structures sold, and there are no oral agreements or warranties collateral to or affecting this agreement. The warranties stated above are valid only if the structures and/or equipment are erected in conformance with Landscape Structures’ installation instructions and maintained according to the maintenance procedures furnished by Landscape Structures Inc.; have been subjected to normal use for the purpose for which the goods were designed; have not been exposed to saltwater or salt spray; have not been subject to misuse, negligence, vandalism, or accident; have not been subjected to addition or substitution of parts; and have not been modified, altered, or repaired by persons other than Manufacturer or Manufacturer’s designees in any respect which, in the judgement of Manufacturer, affects the condition or operation of the structures. To make a claim, send your written statement of claim, along with the original job number or invoice number to: Landscape Structures Inc. 601 7th Street South, Delano, Minnesota, 55328-8605. Landscape Structures Inc. (“Manufacturer”) warrants that all equipment sold will conform in kind and in quality to the specifications manual for the products identified in the Acknowledgment of Order and will be free of defects in manufacturing and material. Manufacturer further warrants: 20-Year Limited Warranty On all SkyWays® and CoolToppers® steel components against structural failure due to material or manufacturing defects. 10-Year Limited Warranty On SkyWays® and CoolToppers® fabric and thread against failure from significant fading, deterioration, breakdown, mildew, outdoor heat, cold or discoloration. This warranty is limited to the design loads as stated in the manual. Should the fabric need to be replaced under the warranty, Manufacturer will manufacture and ship a new fabric at no charge for the first 6 years, thereafter pro-rated at 18% per annum over the last 4 years. This warranty applies to standard colors only. 3-Year Limited Warranty On all other parts, including Rapid Release®, against failure due to corrosion/natural deterioration or manufacturing defects. The environment near a saltwater coast can be extremely corrosive. Some corrosion and/or deterioration is considered “normal wear” in this environment. Product installed within 500 yards (457 meters) of a saltwater shoreline will only be covered for half the period of the standard product warranty, up to a maximum of five years, for defects caused by corrosion. Products installed in direct contact with saltwater or that are subjected to salt spray are not covered by the standard warranty for any defects caused by corrosion. This warranty does not include any cosmetic issues or wear and tear from normal use of the product, or misuse or abuse of the product. It is valid only if the equipment is erected to conform with Landscape Structures’ installation instructions and maintained according to the maintenance procedures furnished by Landscape Structures Inc. Maintenance is particularly critical in regions where dirt and/or sand may cause abrasion of the fabric. This warranty is void if conditions exceed local building codes. 2019 SkyWays® and CoolToppers® Shade Warranty You have our word. President Terms of Sale PRICING: Landscape Structures’ list prices do not include delivery and handling charges. Prices are subject to change without notice. TERMS: To tax-supported institutions and those with established credit: net 30 days from the date of the invoice. 1.5% per month thereafter; freight charges are prepaid and applied to the invoice. TAXES: Landscape Structures’ list prices do not include applicable taxes, if any. WEIGHTS: Weights are approximate and may vary. DELIVERY: If delivery of the equipment is by common carrier, and there is damage or a shortage, notify the carrier at once and sign delivery documents provided by the carrier noting the damage or shortage. Most products are delivered on large pallets and will require a forklift or similar equipment to unload as a unit on the site. INSTALLATION: All playstructures and/or equipment are delivered unassembled and packaged with recyclable materials. For a list of factory-certified installers in your area, please contact your Landscape Structures playground consultant. SERVICE: We have knowledgeable, qualified playground consultants throughout the world who are available to help you before, during and after the sale. Landscape Structures has exclusive design software that features all of our parts and pieces in pull-down menus. With this software, your playground consultant can design a playground layout that meets not only your needs, but ASTM and CPSC standards as well. In addition, we have a full staff of NPSI-certified designers, along with 2-D and 3-D drawing capabilities and custom capabilities to assist you with your playground plans. RETURN POLICY: As an indication of our commitment to our customers, Landscape Structures will accept returns of new structures and/or new equipment purchased within 60 days of the original invoice date. Advance notification is necessary to ensure proper credit. Parts not included in this return policy are custom parts (including PlayShaper® posts), as well as used or damaged parts. A 20% restock fee plus all return freight charges will apply to all product returns. NOTE: All parts are subject to inspection upon return. Parts returned damaged may not receive a full credit. For this reason, it is important that all returned parts are properly packaged to prevent damage while in transit. PRODUCT CHANGES: Because of our commitment to safety, innovation, and value, we reserve the right to change specifications at any time. PLEASE CONTACT US AT: Landscape Structures Inc. 601 7th St. South Delano, MN 55328-8605 888.438.6574 (inside the U.S.A.) 763.972.5200 (outside the U.S.A.) playlsi.com 601 7th Street South • Delano, MN 55328-8605 • 888.438.6574 • 763.972.5200 • Fax 763.972.3185 • playlsi.com #253307 ©2019 Landscape Structures Inc Printed in the U.S.A. All rights reserved. #765-2115 M ENU SEARCH Warranty Information Statement of Limited Warranty for USA SHADE Products 1. The structural integrity of all supplied steel is warranted for ten years. 2. If assembly is provided by the Company, workmanship covering the labor for the removal, assembly, and cost of shipping will be covered for one year. 3. All steel surface finishes are warranted for one year. 4. Shadesure™, Colourshade ® FR, Extreme 32™, Commercial 95™, SaFRshade™ and Monotec 370™ fabrics all carry a ten year limited manufacturer’s warranty against failure from significant fading, deterioration, breakdown, outdoor heat, cold, or discoloration. Should the fabric need to be replaced under the warranty, the Company will manufacture and ship a new replacement fabric at no charge for the first six years, thereafter prorated at 20% per year over the remaining four years. The following are exceptions to the preceding warranty terms: Shadesure™ fabrics in Red, Yellow, Atomic Orange, Electric Purple, Zesty Lime, Cinnamon, Olive, and Mulberry carry a five year prorated warranty; Fabrics attached to Coolbrella structures carry a three year warranty; Individual fabric tops measuring greater than 40’ in length are covered by a non prorated five year warranty; Precontraint 502™ waterproof material is subject to an eight year prorated warranty 5. Sewing thread is warranted for ten years. General Limited Warranty Terms and Conditions These limited warranties are effective from the date of sale, or, if assembly is provided by the Company, upon receipt by Company from Purchaser of a completed and signed “Customer Checklist and Signoff” form. In its sole discretion, the Company will repair and/or replace defective structures, products, or workmanship, or refund that portion of the price related to the defective product, labor, or service rendered The Company reserves the right, in cases where certain fabric colors have been discontinued, to offer the Purchaser or Owner a choice of available alternative colors to replace the warranted fabric. The Company does not warranty that any particular color will be available for any period of time, and reserves the right to discontinue any color for any reason, without recourse by the Purchaser or Owner of the discontinued fabric color. Should the Purchaser or Owner sell the structures to another party, the warranty cannot be transferred to the new owner without a complete and thorough onsite inspection performed by a Company representative. Please contact the company at warranty@usa shade.com for more details. All warranty claims covering Companysupplied structures, products, and services must be submitted by Purchaser or Owner in writing to the Company within thirty days from the date of discovery of the alleged defect, and must include a detailed description and photographs of the alleged defect or problem. Warranty claims should be submitted by email to: warranty@usashade.com. Purchaser or Owner agrees that venue for any court action to enforce these limited warranties shall be in the City or County of Dallas in the State of Texas, USA. These limited warranties are void if: the supplied structures, products, services and/or labor are not paid for in full; the structures are not assembled in strict compliance with USA SHADE specifications; any changes, modifications, additions, or attachments are made to the structures in any way, without prior written approval from the Company— specifically, no signs, objects, fans, light fixtures, etc. may be hung from the structures, unless specifically engineered by the Company. These limited warranties do not cover defects and/or damages caused by: normal wear and tear; misuse, willful, or intentional damage, vandalism, contact with chemicals, cuts, or Acts of God (i.e. tornado, hurricane, micro/macros burst, earthquake, wildfires, etc.); ice, snow, or wind loads in excess of the designed load parameters engineered for the supplied structures; use, maintenance, neglect, repair and/or service inconsistent with the Company’s written care and maintenance instructions, provided with the order. The limited warranties explicitly exclude: workmanship related to assembly not provided by the Company or its agents; fabric curtains, valances, and flat vertical panels; fabric canopies installed on structures that were not engineered and originally supplied by the Company. THE COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, LIQUIDATED, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF REVENUE, PROFIT, USE OR GOODWILL, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, ARISING OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT OR SERVICE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY AMOUNT G REATER THAN THE PURCHASE PRICE FOR ANY PRODUCT OR SERVICE PROVIDED BY THE COMPANY. THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR THE COMPANY’S PRODUCTS AND SERVICES, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT. SELLER SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE OR TRADE USAGE. PURCHASER, BY ACCEPTANCE AND USE OF THIS LIMITED WARRANTY, WAIVES ANY RIGHTS IT WOULD OTHERWISE HAVE TO CLAIM OR ASSERT THAT THIS LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. Colourshade ® and Extreme 32™ are registered trademarks of Multiknit Pty. Ltd. Commercial 95™ and SaFRshade™ are registered trademarks of Gale Pacific USA Inc. Monotec 370™ is a registered trademark of PROKNIT Industries Pty. Ltd. Precontraint 502™ is a registered trademark of Serge Ferrari North America, Inc. ©2017 Shade Structures, Inc. All rights reserved. 7.2fm19 8/14/18 Porter Corp Limited Warranty and Limitations Porter Corp provides a 10-year pro-rated limited warranty from shipping date with the following limitations. Porter Corp limits its warranty to the supply of materials that will assemble according to sealed engineered drawings and installation instructions, and can be assembled with normal expertise and with tools required and found in the construction trades. It is expressly understood that Porter Corp’s liability be limited to repair or replacement of nonconforming material at time of delivery. Porter Corp does not warrant product for defects caused by erection, harsh site conditions, lack of maintenance, and/or other conditions beyond Porter Corp’s control. Porter Corp will not be held responsible for any materials that were not properly stored prior to installation. Porter Corp reserves the right to void the limited warranty if it not installed per the installation instructions and/or unauthorized modifications. Porter Corp shall not be held liable for field alterations. Porter Corp shall only be liable for meeting the building code indicated on the sealed engineered drawings. Any replacement part under warranty is warranted for the remaining original warranty period or six (6) months, whichever is longer. Under certain conditions (snow, wind, and the like), Fabric tops may be required to be taken down. The sealed engineered drawings and installation instructions will need to be referenced for design parameters. Porter Corp shall not be responsible to cover damage caused by failure to remove the top as required. This Limited Warranty supersedes all other warranties expressed or implied. The warranty on items not manufactured by Porter Corp (i.e. metal roofing, shingles, wood shelters, fabric and thread as applicable), will be as passed through Porter Corp’s supplier as per their warranty; contact Customer Service for this Supplier Warranty. This Limited Warranty is conditional upon payment in full to Porter Corp within terms. Liability under this Warranty is limited in that it shall not exceed the original sales price of the components as supplied by Porter Corp. 7.2fm19 8/14/18 Poli-5000 Paint System 10 Year Limited Warranty for Structural Steel Shelters This limited warranty is for the factory applied Poli-5000 powder coating.Poli-5000 powder coat paint system by Porter Corp of Holland, Michigan has been applied to steel entirely as an ‘in-house” process. Poli-5000 finish has been applied over hot rolled structural steel parts and has been tested to meet or exceed the ASTM Standards illustrated in Figure 1. This pro-rated limited 10 year warranty is intended to define the obligations and limitations of the purchaser as well as the obligations and limitations of the supplier. This limited warranty is only valid if Porter Corp has been paid in full for the cost of the shelter. Damage occurring from shipping, erection, vandalism, accidents, or field modifications will require field touch-up immediately and periodically thereafter, which is not covered in this limited warranty. Exposed nuts and bolts will either be supplied with a light plating or powder coating. It is the responsibility of the contractor to paint and/or touch up the nuts and bolts after erection and these must be maintained by the customer. The 10-year limited warranty will exclude buildings erected at sites where salt air, corrosive environment, high humidity or sprinkler systems come in contact with the shelter. Failure to maintain finish system with annual touch-up and documented maintenance procedures will void the limited warranty. Not covered by this limited warranty are acute angles, end plates, and other accessories that are prone to minor defects on occasions and will require touch-up by owner. Failure of the coating will be defined when at least 8% of the total coated surface has significant loss of performance or appearance characteristics when compared to the original finish. Rust stains from roof trim, screws, and screw holes do not constitute a failure. If a claim is made for paint failure a complete document must be provided by the owner. If a site visit is required by Porter Corp the travel expenses will be covered by the customer prior to travel taking place. However, should the failure be determined to be under the limited warranty the customer will be reimbursed for these expenses. In the case of a failed paint system, Porter Corp will repaint the structure with its best in-house system providing that the owner dismantles the structure and returns it to Porter Corp. Porter Corp will refinish the structure and ship it back to job site at their expense. The refinishing will not extend the original warranty of the paint system. The owner is responsible for erecting the building at their expense. As an alternative, Porter Corp will pay customer up to the cost of the original paint system on a pro-rated basis for time left of the 10 year limited warranty. 7.2fm19 8/14/18 Poli-5000 Finish System Performance and Specifications Figure 1 Test Description Test Method Poli-5000 Results Salt Spray Resistance ASTM B 117/ ASTM D 1654 Method 2 (scraping) 10,000 hours, no creep from scribe line, rating of 10 Humidity ASTM D2247-02 5,000 hours with no loss of adhesion or blistering Light UV/ Resistance ASTM G154-04 2000 hours exposure. Alternate cycles (4 hours UVC and 4 hours condensation) a) No chalking b) 75% color retention c) Color variation- maximum 3.0 E variation CIE formula (before and after 2,000 hours exposure) Stain Resistance ASTM D1308-02e1 24 hours exposure with 10% concentration No stain from following: Mustard, Tannic Acid, Catsup, Citric Acid, Coffee, Tartaric Acid, Pepsi Cola, Beer, Oleic Acid, Lactic Acid, Orange Juice Scratch Resistance Hoffman Scratch Hardness Tester No substrate appearance with 1,000 gram load Adhesion ASTM D3359-02 ASTM Class 4B rating or better Resistance Impact ASTM D2794-93 10 in-lbs. w/o cracking Hardness ASTM D3363-92a 2H min-no indentation Flexibility ASTM D522-93a 1/8" no cracking/loss of adhesion at bend Abrasion Taber abraser CS10 Wheel (1,000 mg load) 14 mg. max weight loss per cycle Solvent Resistance 50+ MEK rubs Minimal to no dulling or color removal DuMor, Inc. Standard Warranty ALL PRODUCTS MANUFACTURED BY DuMOR, INC., ARE WARRANTIED AGAINST DEFECT IN MATERIALS AND/OR WORKMANSHIP AND IN ACCORDANCE WITH OUR PUBLISHED SPECIFICATIONS. DuMOR, INC. FURTHER WARRANTS OUR PRODUCTS AS FOLLOWS: • LIMITED TWENTY-YEAR WARRANTY AGAINST STRUCTURAL FAILURE OF ALL STEEL BENCH FRAMES OR COMPLETE STEEL BENCH ASSEMBLIES, TABLE FRAMES, LITTER RECEPTACLE FRAMES, STEEL PLANTERS AND ALL CAST IRON AND ALUMINUM BENCH SUPPORTS. • LIMITED FIVE-YEAR WARRANTY AGAINST STRUCTURAL FAILURE OF DOUGLAS FIR, REDWOOD AND IPE PRODUCTS. • LIMITED TEN-YEAR WARRANTY AGAINST STRUCTURAL FAILURE OF RECYCLED PLASTIC—IT IS FURTHER WARRANTIED NOT TO DEGRADE, SPLIT, CRACK, OR SPLINTER DURING THIS PERIOD. • LIMITED 3 YEAR WARRANTY ON STRUCTURAL FAILURE OF ALL BIKE RACKS. • LIMITED ONE-YEAR WARRANTY ON ANY ITEM NOT SPECIFICALLY DISCUSSED ABOVE. THE ABOVE WARRANTIES COMMENCE ON THE DATE OF INVOICE ISSUED FROM DuMOR, INC. SHOULD ANY FAILURE OCCUR WITHIN THE WARRANTY PERIOD, DuMOR, INC. SHALL, UPON WRITTEN NOTIFICATION FROM CUSTOMER, CORRECT THE PART(S) EITHER BY REPAIRING THE DEFECTIVE PART(S) OR BY SUPPLYING A NEW PART(S) WITHIN 60 DAYS OF RECEIPT OF THE WRITTEN NOTIFICATION. DuMOR, INC., SHALL, AT ITS EXPENSE, DELIVER THE REPAIRED OR NEW PART(S) TO THE JOB SITE. HOWEVER, DuMOR, INC., SHALL NOT BE RESPONSIBLE FOR PROVIDING LABOR OR INCURRING THE COST OF LABOR TO REMOVE THE DEFECTIVE PART(S) AND INSTALL THE REPAIRED OR NEW PART(S). ALL REPLACEMENT PARTS SHALL BE GUARANTEED FOR THE BALANCE OF THE ORIGINAL WARRANTY PERIOD. THE WARRANTY IS VALID ONLY IF THE PRODUCTS HAVE BEEN ASSEMBLED AND INSTALLED PER DuMOR, INC., STANDARD INSTALLATION AND ASSEMBLY INSTRUCTIONS PROVIDED WITH EACH SHIPMENT AND IF THE PRODUCTS HAVE BEEN PROPERLY MAINTAINED AND INSPECTED ANNUALLY. THIS WARRANTY DOES NOT COVER CLAIMS FOR ITEMS HAVING BEEN SUBJECTED TO MISUSE, NEGLECT, ACCIDENT, VANDALISM OR THAT HAVE BEEN MODIFIED, ALTERED OR REPAIRED BY ANYONE OTHER THAN DuMOR, INC.; ITS AUTHORIZED REPRESENTATIVE; OR OTHERS DESIGNATED BY DuMOR,INC., TO MODIFY, ALTER, OR REPAIR THE PRODUCT. THIS WARRANTY DOES NOT COVER COSMETIC ITEMS, NOR DOES IT COVER CLAIMS DUE TO CHECKING, SPLITTING AND WARPING, WHICH ARE NATURAL TENDENCIES OF WOOD PRODUCTS. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS. IN ADDITION, NO OTHER WARRANTY, ORAL, WRITTEN OR IMPLIED, MAY BE SUBSTITUTED FOR THE WARRANTY STATED ABOVE. TO THE EXTENT PERMITTED BY LAW, DuMOR, INC., SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. ALL CLAIMS MADE UNDER THE TERMS OF THIS WARRANTY MUST BE RECEIVED IN WRITING ALONG WITH A COPY OF THE ORIGINAL INVOICE. CLAIMS MUST BE SENT TO DuMOR, INC., ATTENTION CUSTOMER SERVICE, P. O. BOX 142, MIFFLINTOWN, PA 17059- 0142. GEG/WARR-STD 4/16 P.O BOX 142 Mifflintown, PA 17059-0142 • 717-436-2106 • 800-598-4018 • Fax:717-436-9839 E-mail: sales@dumor.com • www.dumor.com For warranty questions or claims, contact us at 800-231-1327 or info@anovafurnishings.com. Finish Warranties FUSION ADVANTAGE FINISH: Seven-year warranty against rusting, peeling, chipping, cracking, mold, mildew, fading and defects in materials and/or workmanship. POWDER COATED FINISH: Three-year warranty against rusting, peeling, chipping, cracking, mold, mildew, and defects in materials and/or workmanship; Seven-year warranty against fading. GALVANIZED FINISH: Seven-year warranty against rusting, peeling, chipping, cracking, mold, mildew, fading and defects in materials and/or workmanship. Structural Warranties METAL COMPONENTS: Limited twenty-year structural warranty. GALVANIZED COMPONENTS: Limited twenty-year structural warranty; compliant with ASTM A123. RECYCLED PLASTIC COMPONENTS: Limited twenty-year structural warranty that also covers splitting, fungal decay, and insect damage. THERMORY COMPONENTS: Limited ten-year structural warranty. NATURAL STONE AND ROTOMOLDED PLASTIC COMPONENTS: Limited five-year structural warranty. Product Warranties Banners installed on Anova banner brackets: Three-year warranty. Banners otherwise installed: One-year warranty. Styrene signs: Three-year warranty. Limitations All warranties commence on the date the product is shipped. Structural warranties are only valid if the product has been assembled and installed per the instruction provided with each shipment and item. These warranties do not cover acts of misuse, abuse, accidents, lack of maintenance, vandalism or natural disasters. Any alterations to the product after delivery will void these warranties. Should any failure occur within these periods, Anova will correct the part or parts by repairing or replacing the defective parts. Warranties Sample Warranty Project Name: Main Street USA Playground Owner: Location: City and State: Anytown, USA Date Installation Completed: Contractor: Vitriturf warrants to the owner of the project name described above, subject to the conditions, and limitations stated herein, as follows: That the Vitriturf System will not lose its bond from approved substrates and that the system will be fade-resistant so long as surface integrity is maintained; and that the system will not crack as a result of normal weather conditions and normal traffic pattern use. This warranty does not cover defects or damage caused by failure of the substrate, vandalism or misuse of the system. This system was developed to provide a resilient monolithic cushioned surface. Any other use of this system not explicitly authorized in writing by the company will not be warranted in any manner whatsoever. The foregoing warranty shall continue for a period of (based on specification) year(s) commencing with the date of completion of the above stated system. In order to mitigate any warranty defects the owner, within the warranty period, must provide Vitriturf with written notice of any such defects within thirty (30) days of discovery. The foregoing warranty does not cover defects of damage caused by: (1) structural or design defects; (2) misuse,vandalism, civil disobedience, acts of war; (3) acts of God, including lightning, hurricanes, tornados, earthquakes, fumes, flood, chemical fumes or foreign substances in the atmosphere or by other unusual natural occurrences. The obligations contained hereindo not cover any material used on the system which was not supplied by Vitriturf unless specifically identified above. Any claim of defect in material in the system must be made in writing to Vitriturf as set forth above within the warranty period. This warranty will not cover damage resulting from the application, repair or subsequent work on the surface without written notice from Vitriturf of the methods and materials to be used and the party who will apply those materials. During the term of the warranty, Vitriturf, its agents, employees, and assigns shall have the right to inspect the system during business hours. If Vitriturf or its agents have not been paid by the contractor or owner for this project, the warranty will be null and void due to lack of consideration; however should payment be made in full with all associated late fees and collection fees and costs, the warranty will remain as previously stated from the date of completion. NO FAULT SPORT GROUP, LLC 3112 Valley Creek Drive, Ste. C Baton Rouge, LA 70808 225-215-7760 www.nofault.com Project Name:SAMPLE NFSG Job No.:16-xxxx-NFSS Address:0 Customer:0 City Date of Completion: Page 1 of 2 No Fault Sport Group,LLC ("NFSG")warrants to the original purchaser (established as “Customer”above)that the No Fault Safety Surface ("NFSS"),installed under the above referenced Project,will conform to the NFSS specifications and remain free from defects in materials and workmanship for a period of five (5)years,per the terms and conditions provided herein.This limited warranty is expressly made in lieu of any other warranties and is exclusive to the original Customer. This limited warranty shall provide for repairs or replacement of any defective materials or workmanship in the surface area(s)that fail during the warranty period.This warranty shall commence on the date of substantial completion (as established above)and shall provide for one hundred (100%)of the cost to repair or replace the failed area(s)for a period of one year.Thereafter,the warranty covers eighty percent (80%)of the cost to repair the affected areas from the first anniversary of substantial completion until the second anniversary of substantial completion.Thereafter,the warranty covers sixty percent (60%)of the cost to repair the affected areas from the second anniversary of substantial completion until the third anniversary of substantial completion.Thereafter,the warranty covers forty percent (40%)of the cost to repair the affected areas from the third anniversary of substantial completion until the fourth anniversary of substantial completion.Thereafter,the warranty covers twenty percent (20%)of the cost to repair the affected areas from the fourth anniversary of substantial completion until the fifth anniversary of substantial completion,at which date NFSG's obligations under this warranty are terminated. All warranty claims shall be made in writing to NFSG within thirty (30)days of the Customer’s knowledge thereof.The written notification from the Customer shall include the following:the date of the first notice of the failure,details of the failure,photos of the failed area and a request for a warranty claim meeting with NFSG at the installation site (if applicable).NFSG shall determine the validity of all claims after sufficient evidence has been gathered.NFSG shall then replace,repair,or make a refund for any claims validated by it.Any refund,credit or allowance provided to the Customer on a warranty claim is exercisable only if said allowance is used to accommodate replacement with NFSG's then current surfacing system.NFSG's liability for warranty claims shall in no event exceed the cost of repair or replacement of such area(s)that have failed.Customer agrees that in no event shall NFSG have any liability to Customer for loss of use or loss of profits or any form of consequential damages. Any dispute as to whether and to what extent there is a NFSS failure and subsequent valid warranty claim within the meaning of this warranty shall be initially dealt with by joint investigation and discussion between NFSG and Customer in order to achieve a mutually agreeable solution.If a solution cannot be reached within thirty (30)days,then either the Customer or NFSG may submit the matter to an accredited arbitrator who is a member of the American Arbitration Association and who shall make a determination in accordance with the rules and regulation of the American Arbitration Association. The decision of the Arbitrator shall be binding on both parties. This warranty does not include normal wear and tear,discoloration or fading as a result of ultraviolet rays,shrinkage (which is an inherent characteristic of elastic rubber),any damages to the surface during the curing period,or improper sub-base design or construction,including but not limited to surface cracking along expansion joints or separating from an adjacent border,curb,walkway,or existing surface.If the underlying sub-base materials fail for any reason whatsoever (including hydrostatic pressure,cracking,shifting,heaving),then NFSG's warranty shall be rendered invalid. NFSG is under no obligation or responsibility to repair and/or replace the NFSS product if damaged by lawn and landscaping equipment;vehicular traffic;vandalism (including burns,cuts,gouges,etc.);product misuse,abuse or alteration;improper drainage;improper or lack of maintenance;any foreign residue that may be deposited on the surface;any foreign matter from surrounding areas (i.e.any substance other than those indicated on NFSG's MSDS sheets)that may be siphoned through,migrated in,lodged in and/or harden the surface;sharp objects (high heels, spikes, etc.); use of unapproved cleaning materials; or acts of God. NO FAULT SAFETY SURFACE PRODUCT WARRANTY NO FAULT SPORT GROUP, LLC 3112 Valley Creek Drive, Ste. C Baton Rouge, LA 70808 225-215-7760 www.nofault.com Project Name:SAMPLE NFSG Job No.:16-xxxx-NFSS Address:0 Customer:0 City Date of Completion: NO FAULT SAFETY SURFACE PRODUCT WARRANTY NO FAULT SPORT GROUP, LLC: Jay Ratelle, Vice President of Operations Warranty issue date: Page 2 of 2 Specifically regarding Underwater,Water Play,and Pool-deck applications,foreign or excessive chemicals in the water can cause potential damage to the NFSS product resulting in fading,chalking,bleeding,and/or degradation.Pool chemicals and water treatments such as "Ozone"and chlorine levels with a ppm of greater than 3 will harm and degrade the NFSS.NFSG will not warrant the NFSS product when foreign or excessive chemicals are used in or around the surface installation.NFSG will not warrant against mold or mildew caused by improper drainage and/or improper sloping around the pool area,sauna area,steam area or shower area.Recommended minimum slope for positive drainage is 2% for areas over 2000 SF. Customer acknowledges that the limited warranty will be voided if the Customer fails to follow the NFSS Maintenance Guidelines (attached hereto);keep maintenance and impact attenuation testing records;or fails to make payment in a timely manner as per the terms and conditions of the agreed contract.Customer also acknowledges and agrees that it will not,under any circumstance,make alterations to the NFSS product without the written authorization of NFSG.Any unauthorized alteration by the Customer could result in the termination of any existing warranty for the NFSS and shall also give rise to the duty of the Customer to hold harmless,defend and indemnify NFSG from any claim,suit or cause of action, personal injury, death, or property damage arising out of or related to said alteration. WARNING:Surface areas can become extremely hot due to exposure of direct sunlight.Shoes and/or socks must be worn at all times.Customer is responsible for proper supervision of children when in contact with the surface.In addition,warning signs are recommended to be posted in all areas to prevent small children from touching or crawling on to surface areas that may be hot due to extended sun exposure in excessive temperatures.During winter and/or seasons when temperatures fall below 32°F,the impact attenuation performance of the NFSS system can be compromised.In this case,it is recommended to discontinue use until surface is no longer frozen.No Fault Sport Group assumes no liability to such exposure of surfacing temperature as this should be monitored prior to use of surfacing.No Fault Sport Group also assumes no liability to the expansion and contraction of the surfacing during freeze/thaw events. NO REPRESENTATIVE OF THE SELLER HAS AUTHORITY TO MAKE ANY REPRESENTATION OR PROMISES EXCEPT AS STATED HEREIN.THERE ARE NO WARRANTIES EITHER EXPRESSED OR IMPLIED,INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT EXTEND BEYOND THE WARRANTIES CONTAINED IN THIS DOCUMENT.NFSG SHALL NOT BE LIABLE FOR ANY INCIDENTAL,CONSEQUENTIAL OR OTHER DAMAGES TO THE STRUCTURE OR ITS CONTENTS ARISING UNDER ANY THEORY OF LAW WHATSOEVER. NO FAULT SPORT GROUP, LLC 3112 Valley Creek Drive, Ste. C Baton Rouge, LA 70808 225-215-7760 www.nofault.com Project Name:SAMPLE NFSG Job No.:16-xxxx-NFSS Address:0 Customer:0 City Date of Completion: Page 1 of 2 No Fault Sport Group,LLC ("NFSG")warrants to the original purchaser (established as “Customer”above)that the No Fault Safety Surface ("NFSS"),installed under the above referenced Project,will conform to the NFSS specifications and remain free from defects in materials and workmanship for a period of five (5)years,per the terms and conditions provided herein.This limited warranty is expressly made in lieu of any other warranties and is exclusive to the original Customer. This limited warranty shall provide for repairs or replacement of any defective materials or workmanship in the surface area(s)that fail during the warranty period.This warranty shall commence on the date of substantial completion (as established above)and shall provide for one hundred (100%)of the cost to repair or replace the failed area(s)for a period of one year.Thereafter,the warranty covers eighty percent (80%)of the cost to repair the affected areas from the first anniversary of substantial completion until the second anniversary of substantial completion.Thereafter,the warranty covers sixty percent (60%)of the cost to repair the affected areas from the second anniversary of substantial completion until the third anniversary of substantial completion.Thereafter,the warranty covers forty percent (40%)of the cost to repair the affected areas from the third anniversary of substantial completion until the fourth anniversary of substantial completion.Thereafter,the warranty covers twenty percent (20%)of the cost to repair the affected areas from the fourth anniversary of substantial completion until the fifth anniversary of substantial completion,at which date NFSG's obligations under this warranty are terminated. All warranty claims shall be made in writing to NFSG within thirty (30)days of the Customer’s knowledge thereof.The written notification from the Customer shall include the following:the date of the first notice of the failure,details of the failure,photos of the failed area and a request for a warranty claim meeting with NFSG at the installation site (if applicable).NFSG shall determine the validity of all claims after sufficient evidence has been gathered.NFSG shall then replace,repair,or make a refund for any claims validated by it.Any refund,credit or allowance provided to the Customer on a warranty claim is exercisable only if said allowance is used to accommodate replacement with NFSG's then current surfacing system.NFSG's liability for warranty claims shall in no event exceed the cost of repair or replacement of such area(s)that have failed.Customer agrees that in no event shall NFSG have any liability to Customer for loss of use or loss of profits or any form of consequential damages. Any dispute as to whether and to what extent there is a NFSS failure and subsequent valid warranty claim within the meaning of this warranty shall be initially dealt with by joint investigation and discussion between NFSG and Customer in order to achieve a mutually agreeable solution.If a solution cannot be reached within thirty (30)days,then either the Customer or NFSG may submit the matter to an accredited arbitrator who is a member of the American Arbitration Association and who shall make a determination in accordance with the rules and regulation of the American Arbitration Association. The decision of the Arbitrator shall be binding on both parties. This warranty does not include normal wear and tear,discoloration or fading as a result of ultraviolet rays,shrinkage (which is an inherent characteristic of elastic rubber),any damages to the surface during the curing period,or improper sub-base design or construction,including but not limited to surface cracking along expansion joints or separating from an adjacent border,curb,walkway,or existing surface.If the underlying sub-base materials fail for any reason whatsoever (including hydrostatic pressure,cracking,shifting,heaving),then NFSG's warranty shall be rendered invalid. NFSG is under no obligation or responsibility to repair and/or replace the NFSS product if damaged by lawn and landscaping equipment;vehicular traffic;vandalism (including burns,cuts,gouges,etc.);product misuse,abuse or alteration;improper drainage;improper or lack of maintenance;any foreign residue that may be deposited on the surface;any foreign matter from surrounding areas (i.e.any substance other than those indicated on NFSG's MSDS sheets)that may be siphoned through,migrated in,lodged in and/or harden the surface;sharp objects (high heels, spikes, etc.); use of unapproved cleaning materials; or acts of God. NO FAULT SAFETY SURFACE PRODUCT WARRANTY NO FAULT SPORT GROUP, LLC 3112 Valley Creek Drive, Ste. C Baton Rouge, LA 70808 225-215-7760 www.nofault.com Project Name:SAMPLE NFSG Job No.:16-xxxx-NFSS Address:0 Customer:0 City Date of Completion: NO FAULT SAFETY SURFACE PRODUCT WARRANTY NO FAULT SPORT GROUP, LLC: Jay Ratelle, Vice President of Operations Warranty issue date: Page 2 of 2 Specifically regarding Underwater,Water Play,and Pool-deck applications,foreign or excessive chemicals in the water can cause potential damage to the NFSS product resulting in fading,chalking,bleeding,and/or degradation.Pool chemicals and water treatments such as "Ozone"and chlorine levels with a ppm of greater than 3 will harm and degrade the NFSS.NFSG will not warrant the NFSS product when foreign or excessive chemicals are used in or around the surface installation.NFSG will not warrant against mold or mildew caused by improper drainage and/or improper sloping around the pool area,sauna area,steam area or shower area.Recommended minimum slope for positive drainage is 2% for areas over 2000 SF. Customer acknowledges that the limited warranty will be voided if the Customer fails to follow the NFSS Maintenance Guidelines (attached hereto);keep maintenance and impact attenuation testing records;or fails to make payment in a timely manner as per the terms and conditions of the agreed contract.Customer also acknowledges and agrees that it will not,under any circumstance,make alterations to the NFSS product without the written authorization of NFSG.Any unauthorized alteration by the Customer could result in the termination of any existing warranty for the NFSS and shall also give rise to the duty of the Customer to hold harmless,defend and indemnify NFSG from any claim,suit or cause of action, personal injury, death, or property damage arising out of or related to said alteration. WARNING:Surface areas can become extremely hot due to exposure of direct sunlight.Shoes and/or socks must be worn at all times.Customer is responsible for proper supervision of children when in contact with the surface.In addition,warning signs are recommended to be posted in all areas to prevent small children from touching or crawling on to surface areas that may be hot due to extended sun exposure in excessive temperatures.During winter and/or seasons when temperatures fall below 32°F,the impact attenuation performance of the NFSS system can be compromised.In this case,it is recommended to discontinue use until surface is no longer frozen.No Fault Sport Group assumes no liability to such exposure of surfacing temperature as this should be monitored prior to use of surfacing.No Fault Sport Group also assumes no liability to the expansion and contraction of the surfacing during freeze/thaw events. NO REPRESENTATIVE OF THE SELLER HAS AUTHORITY TO MAKE ANY REPRESENTATION OR PROMISES EXCEPT AS STATED HEREIN.THERE ARE NO WARRANTIES EITHER EXPRESSED OR IMPLIED,INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT EXTEND BEYOND THE WARRANTIES CONTAINED IN THIS DOCUMENT.NFSG SHALL NOT BE LIABLE FOR ANY INCIDENTAL,CONSEQUENTIAL OR OTHER DAMAGES TO THE STRUCTURE OR ITS CONTENTS ARISING UNDER ANY THEORY OF LAW WHATSOEVER. A warranty is only as good as the company behind it. That is why the ForeverLawn warranty is the best in the industry. With over ten years and tens of thousands of successful projects, ForeverLawn is proud to offer another ground-breaking industry first: the ForeverLawn Closed Loop Warranty System (CLWS). What makes our warranty superior? • Ultimate satisfaction • True peace of mind • Online warranty registration • Superior tracking • Full transferability • Closes the loop between customer, installer and manufacturer • From a company older than the warranty being offered The ForeverLawn CLWS isn’t just a collection of words on paper, it is a thorough warranty system backing up a superior synthetic grass product. What else would you expect from a company built on integrity, quality, and innovation? “Because integrity is a core value of ForeverLawn, we stand behind every promise we make.” M0920 Rev. 03/17 Closed Loop Warranty System - A warranty you can trust Our commitment goes beyond the paper. Playground Turf by Irvine Wood Recovery Limited Warranty This limited warranty applies to Irvine Wood Recovery’s Engineered Wood Fiber product Playground Turf. Playground Turf is warranted to meet the following specifications: IPEMA Certified to ASTM F1292-04 Head Impact Attenuation Testing IPEMA Certified to ASTM F 2075-04 Sieve Analysis Testing Tramp Metal Testing, ASTM 2075/4.6 ADA WHEELCHAIR ACCESSIBILITY ASTM F1951-99 Tested to 12” of thickness from a 12’ fall height 100% Pre-Consumer Recycled Virgin Material 3,000,000 Liability Insurance BOARD OF COUNTY COMMISSIONERS OF CLAY COUNTY, FLORIDA NOTICE OF INTENT TO AWARD BID RFP NO 18/19-2, Various Equipment and Amenities for Parks and Playgrounds In accordance with the provisions of Section 8.N of the Clay County Purchasing Policy, notice is hereby given and posted of the decision of the Board of County Commissioners of Clay County, Florida (hereinafter the “Board”) with respect to RFP No. 18/19-2, Various Equipment and Amenities for Parks and Playgrounds. Responses to RFP No. 18/19-2 were opened on March 19, 2019. During its regular meeting on May 28, 2019, the Board rendered its decision to award RFP No. 18/19-2 to multiple companies. This notice of intent to award bid is the official notification regarding said selection. The decision of the Board is final subject to 72 hour period for protest. Failure to file a protest within the time prescribed in Section 8.N of the Clay County Purchasing Policies shall constitute a waiver of proceedings under Section 8.N Bid Awards and Protests. Lorin L. Mock Acting County Manager Date of Posting: Date of Removal: 5/29/19 6/3/19 Time of Posting: Time of Removal: 8:45 a.m. 8:47 a.m. Initials: Initials: D F D F Discount Allowed from MSRP Installation Discount Catalog Provided Current MSRP List Supplied WarrantyProductManufacturer Skyways Shade Sails, Shades, Canopies 2%75%Yes Yes Yes 2%75%Yes Yes Yes 2%75%Yes Yes Yes Poligon/Parasol Shade Gazebos, Shelters, Canopies 2%75%Yes Yes Yes Sails, Shades, Canopies Gazebos, Shelters, Canopies USA Shade Porter/Poligon Shelters Rep Services, Inc (407) 831-9658 nathan@repservices.com Distributor 2%50%Yes Yes Yes Anova Site Furnishings Tables, Benches, Trash Cans 2%50%Yes Yes Yes Dumor Site Furnishings Benches, Trash Cans, Bike Racks, Tables 2%50%Yes Yes YesLandscape Structures Inc.Playground Equip Aquatix Splash Pads, Water Playgrounds 2%Included in price per SF Yes Yes Yes Cushioned Flooring Included in SF price Included in SF price Included in SF price 50% 50% 2% 2% 2% 2% 2% Vitriturf Rubber Mulch,Synthetic TurfNo Fault Irvine Wood Recovery Engineered Wood Mulch Yes Yes Yes Yes Yes Yes Flyer Yes Yes Robertson Recreational Surfaces Rubber Synthetic Turf Flyer Yes Yes Flyer Yes YesPlayground GrassForever Lawn Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9924 Agenda Date: 11/15/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 3.3 SUBJECT/RECOMMENDATION: Approve a Guaranteed Maximum Price proposal to J.O. DeLotto and Sons, Inc., of Tampa, FL for renovations and restoration of the stadium seating at BayCare Ballpark in an amount of $191,025.00, which includes a 10% contingency, pursuant to RFQ 40-20, Construction Manager at Risk for Continuing 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 the need to perform restoration work on the fixed stadium seating to maintain a safe and orderly appearance. 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 J.O. DeLotto & Sons, Inc., being one of the thirteen firms selected. This proposal includes the inspection of the existing seating, preservation of external seating features such as cup holders and name plates, and restoration work on the seating surfaces to include masking, degreasing, sanding, and repainting of seatbacks, bottoms, and armrests. This proposal is for a period of 60 consecutive calendar days, which will commence upon issuance of the notice to proceed. 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 11/10/2021 Date : October 26, 2021 TO: Leroy Chin City of Clearwater – Engineering Department 100 S. Myrtle Ave., Suite 200 Clearwater, FL 33756 RE: BayCare Ballpark Stadium Seating Restoration As requested, enclosed is the proposal for the seating restoration at the BayCare Ballpark submitted in accordance for a Guaranteed Maximum Price of One Hundred Ninety One Thousand Twenty Five and xx/100 dollars ($191,025.00) Scope of Work: Construction Manager At Risk (CMAR) shall retain a subcontractor capable of restoration of the existing seating at the BayCare Ballpark Detail Scope of Work shall include all labor, equipment, materials and insurance to performed but not limited to the following: 1. Product - Premium Color Restore 2. 7000 Dark Blue Tip-up Seats 3. Start Date: 45 days to complete from Notice to Proceed 4. All restoration work be by sections. 5. Document all existing seating damage prior to start (take photos). 6. Document and remove all season ticket holder name plates. 7. Mask all metal seat number plates and row end plate panels (Palm Tree) 8. Remove cup holders. 9. Sand metal stanchions as needed to remove rust. Spot prime as needed. 10. Lightly sand / scuff all seat topside plastic surfaces with 400 grit for adhesion. 11. Degrease, hand scrub, & pressure clean plastic seats to remove dirt, grease, etc. (includes stanchions). Drip dry. 12. Final pre-spray wipe down of seats. 13. HVLP Spray apply one medium-wet coat adhesion promoter to seats. 14. Mask floors & walls directly under and behind all seating prior to each section being restored. 15. Premium Color Restore (Dark Blue) applied via HVLP spray system (8 psi at the gun) to seatbacks, seat bottoms, stanchions, and armrests. 16. Cure 24 hrs. 17. Remove and dispose of all masking, plastic sheeting, etc. 18. Reinstall armrest cupholders as necessary. 19. Reinstall season ticket holder plates. 20. Clean work areas. 21. Inspect seats, photograph completed work. BOND NUMBER SAMPLE BOND AIA DOCUMENT A312-2010 Performance Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) J.O. DeLotto & Sons, Inc. Liberty Mutual Insurance Company 924 East Busch Boulevard 175 Berkley Street Tampa, FL 33612-8542 Boston, MA 02116 OWNER: (Name, legal status and address) City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 CONSTRUCTION CONTRACT Date: Amount: One Hundred Ninety-one Thousand Twenty- five And No/100 ($191,025.00) Description: (Name and Location) BayCare Ballpark Stadium Seating Restoration, 601 Old Coachman Rd., Clearwater, FL 33765 BOND Date: Amount: One Hundred Ninety-one Thousand Twenty- five And No/100 ($191,025.00) Modifications to this Bond: None See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: J.O. DeLotto & Sons, Inc. (Corporate Seal) Company: Liberty Mutual Insurance Company (Corporate Seal) SAMPLE BOND X:_____________________________________ X: _____________________________________ Name and Title:, Name and Title: , Attorney-in-Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY—Name, Address and telephone AGENT or BROKER: OWNER’S REPRESENTATIVE: Bouchard Insurance (Architect, Engineer or Other Party) P.O. Box 6090 Clearwater, FL 33758 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract: § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: (Space is provided for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) X:_____________________________________ X: _____________________________________ Name and Title: Name and Title: This Bond is executed and accepted upon the express condition precedent that the Surety shall not be liable for any provisions of the contract, or specifications, respecting guarantees for maintenance or repairs, except for defects in workmanship and materials occurring within one (1) year after completion of the contract, nor is the Surety obligated to furnish any other Bond covering such provisions of the contract, general contract, or specifications The provisions of Section 255.05, Florida Statutes, and/or Section 713.23, Florida Statutes (as applicable) are incorporated herein by reference. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9929 Agenda Date: 11/15/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 3.4 SUBJECT/RECOMMENDATION: Approve a Joint Use Agreement between the School Board of Pinellas County and the City of Clearwater providing for the joint use of facilities, from January 1, 2022 through December 31, 2026, with additional five-year renewal options and authorize the appropriate officials to execute same. (consent) SUMMARY: For over 50 years, the City of Clearwater and the School Board of Pinellas County have partnered to share one another’s facilities for the good of the community as a whole. The City has used various school facilities such as gymnasiums and outdoor tracks to offer recreation programs while the School Board of Pinellas County has used various city recreational facilities, including athletic fields and swimming pools. Cooperation between the City and the School Board has been excellent. The agreement allows the City and the School Board the flexibility needed to offer citizens quality educational and recreational opportunities without the need to duplicate facilities already in existence. The current Joint Use Agreement will expire on December 31, 2021. The proposed term of the new agreement is from January 1, 2022 through December 31, 2026, with the option for additional five-year renewals upon written agreement by the Superintendent of Schools and the City Manager. The use of facilities is at no charge, providing the use conforms to regular working hours of each organization. If outside of normal hours, each agency will be responsible to reimburse the other agency for the direct cost that is incurred as part of the facility use. The agreement is similar to the agreement approved by the City Council on December 15, 2016, which expires December 31, 2021. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 11/10/2021 -1- JOINT USE AGREEMENT THIS AGREEMENT, made and entered into this _____ day of __________, 2021, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City," and the SCHOOL BOARD OF PINELLAS COUNTY, hereinafter referred to as "Board"; WITNESSETH: WHEREAS, the Board desires to use various City-owned facilities for physical education and various other school-related activities; and WHEREAS, the City desires to use various Board-owned school facilities for recreation, public meetings, and other city-related programs; and WHEREAS, the City and Board are each willing to cooperate in this matter under certain conditions and provisions; NOW, THEREFORE, in consideration of the covenants herein contained and other good and valuable consideration, the Board and City each give the other license to use each other’s respective facilities as provided for herein, and under the following terms and conditions: 1. Term. The term of this Agreement will be for a period of five (5) years commencing January 1, 2022, and ending December 31, 2026. This Agreement may be extended for one or more additional five-year periods under the same terms and conditions set forth herein, with written agreement and approval by the Superintendent of Schools and the City Manager. 2. Scheduling Uses. Short-term uses of facilities may be scheduled by either party, with the joint approval of the Superintendent and the City Manager, or their respective designees, by using a Facility Use Authorization Form, a sample of which is attached as Exhibit “A”. The Facility Use Authorization Form will be prepared by the Board’s Real Estate Department for all uses of Board facilities and by Parks and Recreation Department for all uses of City facilities. The Facility Use Authorization Form will specify the location and conditions of -2- use; such as dates, times, contact names and costs, if any. Outdoor Board or City facilities may be used without cost except for direct costs resulting from such use, such as utility and personnel costs. Interior (Indoor) short-term uses of Board or City facilities are permitted without cost only if appropriate staff is already scheduled to be on duty and provided that utilities are not required beyond scheduled run times. Interior (Indoor) long-term uses of Board or City facilities may require payment of direct costs resulting from such use such as utility and personnel costs. Upon proper execution of the Facility Use Authorization Form by the Superintendent and City Manager or their respective designees, said form shall be considered incorporated herein, and thereby subject to all terms and conditions herein. 3. Use of Facilities Owned by Board. The Board agrees to make its Facilities available when the use thereof does not interfere or conflict with any Board programs. Use of said Facilities will not be earlier than 8:00 a.m. nor later than 11:00 p.m. for outdoor use and not later than 12:00 midnight for indoor use. There may an occasional use of facilities at times outside these hours if the use is approved by school staff prior to the event. 4. Use of Facilities Owned by City When Normally Open. The City agrees to make its Facilities available when the use thereof does not interfere or conflict with any City programs or the use thereof by Parties with which the City has an agreement for such use. Use of said Facilities will conform with the hours the Facilities are normally open to the public, as more specifically set out in Section 22.24, Clearwater Code of Ordinances, as amended from time to time. 5. Use of Facilities When Normally not Open. If one party desires to use the other party’s Facilities at a time other than when normally open (e.g., outside normal hours, vacations, holidays, staff-development or in-service days, and times when the facility owner normally has no staff on duty), the party requesting such use will be required to pay the direct costs incurred for said use; (e.g., utility, facility, personnel, and supply costs) at the prescribed rates of the Facility owner. The Board and the City will not charge each other when said direct costs are less than fifty ($50) Dollars. -3- 6. Return Condition of Facility. The party using the Facility agrees to return the Facility and surrounding area to a clean and sanitary condition after use by that party or any of its agents or invitees. 7. Supervision of Program. Each party will provide its own personnel for the supervision of the programs it conducts. 8. Restriction of Use. Use of the Facility by private parties or organizations or by business enterprises for profit is prohibited unless specifically approved by the Superintendent and the City Manager, or their respective designees. The Board and the City further agree to make no unlawful, improper or offensive use of the Facility and all rights of the using party hereunder will be terminated by the Board or the City in the event that such use is made thereof. All persons using Facilities owned by the Board will abide by all Board policies, including Board policies which state that the consumption of tobacco products, electronic cigarettes or alcoholic beverages on Board property, including any outside areas, is prohibited. All persons using Facilities owned by the City will abide by applicable law and all City policies. 9. Assignment, Inspection, and Termination. The Board and City will not assign this agreement nor sublet the premises or any part thereof without the prior written consent of the other party. The Board and City agree that each party and its officers, agents, and servants will have the right to enter and inspect the leased premises and the operation being conducted thereon at reasonable times. This agreement will remain in effect unless terminated by either party as follows: (a) Upon breach of this agreement by a party, the other party will give written notice of termination of this agreement specifying the claimed breach and the action required to cure the breach. If the breaching party fails to cure the breach within five days from receipt of said notice, then the contract will terminate ten days from receipt of the written notice; (b) Either party may terminate this agreement without cause by giving written notice to the other party that the agreement will terminate thirty days from the receipt of said notice by the -4- other party. 10. Unforeseen Questions. The Board and City agree that in the event of unforeseen questions arising out of the use of the said facilities or this license, questions will be settled in writing between the Superintendent and the City Manager or their specific designee, however, neither Party waives any right to claims or remedies as provided by law. 11. Headings. The headings of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement or any part hereof, or in any way affect the same, or construe any provision hereof. 12. Hold Harmless. The Board and City agree to be fully responsible for their own acts of negligence, or their respective agents’ acts of negligence when acting within the scope of their employment, and agree to be liable for any damages resulting from said negligence to the extent permitted by Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by either the Board or City. Nothing herein shall be construed as consent by the Board or City to be sued by third parties in any manner arising out of this agreement. -5- IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: CITY OF CLEARWATER, FLORIDA ___________________________ By:________________________________ City Clerk Mayor Approved as to form and content: ___________________________ City Attorney (Designee) ATTEST: THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA ____________________________ By:_________________________________ Superintendent Chairperson Approved as to form and content: ____________________________ School Board Attorney -6- Exhibit “A” FACILITY USE AUTHORIZATION FORM Date: Effective Date To: Agency Subject: Facility Use Request under the Agreement Between the School Board of Pinellas County and Agency effective x/x/xx (5 yrs) Requestor: Description of Use: Facility(ies): SAMPLE – Note: This form will be completed by Real Estate Department and submitted for signatures. Dates & Times: Supervision By: Coordinator (& Phone #) for School Board: Coordinator (& Phone #) for Agency: The following estimated costs will be incurred as a result of the said use: Wages: $ Direct Costs $ 000.00 Other (List) $ $__________ Total $ 000.00 The facility owner/representative _____ will invoice _____ for the above-described costs, which may vary if the actual use of facilities differs from that shown above. This form, when executed by the authorized representative for the School Board and the authorized agency representative, will be authorization to use the above described facility on the dates and times set forth herein. This additional use is granted under the terms and conditions of the above said agreement. Additional conditions, if any: Agency School Board of Pinellas County, Florida _______________________________________ _______________________________________ Authorized Representative Date Authorized Representative Date for Agency for School Board 11111 S. Belcher Rd., Largo, Fl 33773 With copies to: Superintendent of Schools Director, Accounting Director, Auditing Region (1-6) Superintendent School Representative School Bookkeeper Agency Representative RPC # City Signature Page Joint Use Agreement between City of Clearwater and School Board of Pinellas County Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard Micah Maxwell Mayor Interim City Manager Approved as to form: Attest: Owen Kohler Rosemarie Call Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9930 Agenda Date: 11/15/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 3.5 SUBJECT/RECOMMENDATION: Approve a Joint Land Utilization Agreement between the School Board of Pinellas County and the City of Clearwater, from January 1, 2022 through December 31, 2031, with additional five-year renewal options, to provide an outdoor recreation park consisting of basketball courts and recreation play areas at the southeast corner of Russell Street and Douglas Avenue and authorize the appropriate officials to execute same. (consent) SUMMARY: The School Board of Pinellas County owns land adjacent to Clearwater Intermediate School, which the City has leased since February 16, 1972 and used as a neighborhood recreation site known as the Martin Luther King Recreation Park. The agreement is similar to the agreement approved by the City Council on January 12, 2011, which expires December 31, 2021. The City and Board desire to continue a relationship to provide an outdoor recreation park at this site and accordingly would like to enter into a Joint Land Utilization Agreement to allow the City to continue to operate the basketball courts and recreation areas on this site. The proposed term of the new agreement is from January 1, 2022 through December 31, 2031, with the option for additional five-year renewals upon written agreement by the Superintendent of Schools and the City Manager. The Martin Luther King Jr. Community Center and parking lot are not a part of this agreement. There is no cost to the City for use of the property, however the City will be responsible for maintaining the property, including all structures and recreation components in a safe and presentable manner. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 11/10/2021 JOINT LAND UTILIZATION AGREEMENT THIS AGREEMENT, made and entered into this _____ day of __________, 2021, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City," and the SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA hereinafter referred to as "Board"; W I T N E S S E T H : WHEREAS, the Board owns land adjacent to Clearwater Intermediate School; and WHEREAS, the City has used this land since February 16, 1972 as a neighborhood recreation site known as the Martin Luther King Recreation Park; and WHEREAS, the City and Board desire to continue a relationship to provide a recreation park at this site; and NOW, THEREFORE, in consideration of the covenants herein contained and other good and valuable consideration, the Board and City each agree as follows: 1. Term. The term of this Agreement will be for a period of ten (10) years commencing January 1, 2022, and ending December 31, 2031. This Agreement may be extended for additional 5-year periods under the same terms and conditions set forth herein, with written agreement and approval by the Superintendent of Schools and the City Manager. 2. Use of Land Owned by Board. The Board agrees to provide land as described in Exhibit “A” for use by the City as a recreation park. The City will continue to operate such land as a recreation park to include basketball courts and recreation play areas. The City will be responsible for maintaining the property, including all structures and recreation components in a safe and presentable manner similar to all other City owned recreation sites. The City will abide by all Federal, State and local codes and laws governing this site and the use thereof. 3. Return Condition of Park. The City agrees to return the park and surrounding area to a clean and sanitary condition after use by that party or any of its agents or invitees. 4. Supervision of Program. The City will provide its own personnel for the supervision of the programs it conducts. 5. Restriction of Use. Use of the park by private parties or organizations or by business enterprises for profit is prohibited unless specifically approved by the Superintendent and the City Manager, or their respective designees. The City further agrees to make no unlawful, improper or offensive use of the park and all rights of the using party hereunder will be terminated by the Board in the event that such use is made thereof. All persons using the park owned by the Board will abide by all Board policies, including Board policies which state that the consumption of tobacco products, including e-cigarettes, or alcoholic beverages on Board property, including any outside areas, is prohibited. 6. Assignment. The Board and City will not assign this agreement nor sublet the park or any part thereof without the prior written consent of the other party. 7. Termination. This agreement will remain in effect unless terminated by either party as follows: (a) Upon breach of this agreement by a party, the other party will give written notice of termination of this agreement specifying the claimed breach and the action required to cure the breach. If the breaching party fails to cure the breach within five (5) days from receipt of said notice, then the contract will terminate ten (10) days from receipt of the written notice; (b) Either party may terminate this agreement without cause by giving written notice to the other party that the agreement will terminate sixty (60) days from the receipt of said notice by the other party. Upon termination or cancellation of the Agreement, the City is responsible for the cost associated with removal of the improvements, such as structures, light fixtures and light poles, playground equipment to another City-selected site within ninety (90) days of termination. 8. Unforeseen Questions. The Board and City agree that in the event of unforeseen questions arising out of the use of the said park or this license, questions will be settled in writing between the Superintendent and the City Manager or their specific designee; however, neither Party waives any right to claims or remedies as provided by law. 9. Headings. The headings of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement or any part hereof, or in any way affect the same, or construe any provision hereof. 10. Liability. The Board and City agree to be fully responsible for their own acts of negligence, or their respective agents’ acts of negligence when acting within the scope of their employment, and agree to be liable for any damages resulting from said negligence to the extent of the monetary limitations and defenses contained in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by either the Board or City. Nothing herein shall be construed as consent by the Board or City to be sued by third parties in any manner arising out of this agreement. 11. Hold Harmless. The City agrees that it will save the Board harmless on account of the negligent acts of its employees or agents or on account of any unsafe condition that may exist as a result of the negligent operation by its employees or agents of its facilities. The City agrees to be responsible for the safety of its own invitees, licensees or participants in its programs in case of accidental injury. Nothing herein shall be construed to waive or modify the provisions of Section 768.28, Florida Statutes or the doctrine of sovereign immunity. 12. Conforming Copies. This Agreement may be executed separately by the parties and such conforming copies shall constitute a valid agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written. Countersigned: CITY OF CLEARWATER, FLORIDA _______________________________ By ________________________ Mayor City Manager Approved as to form Attest: _________________________ ___________________________ City Attorney City Clerk THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA By ________________________ Chairperson Attest: ___________________________ Superintendent Approved as to Form _________________________ Office of General Counsel Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9912 Agenda Date: 11/15/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve acceptance of a United States Department of Justice, Office of Justice Programs (OJP), 2021 Bureau of Justice Assistance Fiscal Year 2021 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation, grant award in the amount of $27,900 for Axon Signal Vehicle equipment and authorize the appropriate officials to execute same. (consent) SUMMARY: At the July 16, 2020 city council meeting, the Clearwater Police Department (CPD) was directed to incorporate a body worn camera program. The selected body worn camera program is a product of CPD’s Axon System and works in integration with the department’s Digital Evidence Management System. On August 6, 2020, City Council approved an agreement to provide for 200 Axon “Body 3” cameras, 25 docking bays, storage, licensing, and training to fulfill the council directive. To ensure body camera activation during critical incidents, the Police Department seeks to incorporate Axon Signal Vehicle as a facet of the Body Worn Camera Program. This technology enables Axon cameras to sense events, such as activating the police vehicle emergency lights, and start recording, without manual input from the officer/employee. The grant has been officially awarded in the amount of $27,900 and the Police Department now seeks approval to accept it. Through this amount, CPD intends to purchase approximately 100 Axon Signal Vehicle modules. Once purchased, these modules will be installed within selected patrol vehicles within CPD’s fleet. The project period commenced on October 1, 2020 and will end on or before September 30, 2024. CPD previously received a separate grant in October 2020 to supply 140 Axon Signal Vehicle modules. These modules have already been deployed to patrol-based vehicles. There will be no direct adverse impact to CPD’s annual operating budget nor is there a required match. The Axon Signal Vehicle product is available for purchase utilizing National Purchasing Page 1 City of Clearwater Printed on 11/10/2021 File Number: ID#21-9912 Partners Contract #VH11629, a national resource for public entities for similar public solicitations; the City of Clearwater is a participating member in this partnership. APPROPRIATION CODE AND AMOUNT: A first quarter budget amendment will increase special program P2002, Police Body Worn Camera Program, to recognize the grant revenues received. Page 2 City of Clearwater Printed on 11/10/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9918 Agenda Date: 11/15/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Ratify an agreement between the City of Clearwater and Tampa Bay Psychology Associates, LLC, of Clearwater, Florida, for psychological and educational services, in a not to exceed amount of $180,000.00, during the contract period concluding July 31, 2023, pursuant to Clearwater Code of Ordinances Section 2.563(1)(f) Professional services not subject to CCNA, and authorize the appropriate officials to execute same. (consent) SUMMARY: In recent years, the mental health of law enforcement officers has become an increasing concern. There has been a nationwide increase in the rate of officer suicide, including several officer suicides which have occurred in the Tampa Bay area. Though the Clearwater Police Department (CPD) has not experienced such an incident, empirical research has demonstrated that occupational stress is directly attributed to higher rates of heart disease, divorce, alcohol abuse, and other psychological disorders such as depression and post-traumatic stress disorder. In 2019, CPD sought to proactively provide additional mental health resources to all CPD employees, sworn and professional staff, through an agreement with Tampa Bay Psychology Associates, LLC, which specializes in the mental health treatment of public safety employees. Tampa Bay Psychology Associates is utilized by several law enforcement agencies within the Tampa Bay region. This 2019 agreement provided for the maintenance of a 24/7 resource telephone number (for continual employee access, if needed for a mental health concern), individual counseling services, mental health check-ins, fitness for duty evaluations, pre-employment evaluations, employee wellness and safety training, additional tailored training modules, and post-academy training. The initial two-year agreement expired in July 2021 and based upon the success of this partnership, CPD sought to negotiate an extension of the agreement. The new agreement expires in July 2023 and covers the same services as was outlined in the initial agreement. The agreement was previously executed through the City Manager’s Office but based upon the term of the agreement and amount potentially allotted to this vendor, CPD seeks Council ratification of the executed agreement. APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 11/10/2021 File Number: ID#21-9918 Budgeted funds for FY22 are available in CPD cost code 0101156-530100 - Professional Services. Page 2 City of Clearwater Printed on 11/10/2021 PERSONNEL & TRAINING CONTACT 727-562-4183 Additional resources and videos can be accessed on the Clearwater Police Department Sharepoint. CLEARWATER POLICE DEPARTMENT HEALTH AND WELLNESS Cigna EAP (Request First Responder Assistance) myCigna.com 877-622-4327 Dr. Brandy Benson, Tampa Bay Psychology TampaBayPsychology.com 727-463-4349 Crisis Center of Tampa Bay (Request First Responder Assistance) CrisisCenter.com 2-1-1 National Suicide Prevention Lifeline SuicidePreventionLifeline.org 800-273-8255 Safe Call Now (For Public Safety Personnel) SafeCallNow.org 206-459-3020 CPD Chaplains Father Bob: 727-641-1181 Father Ted: 727-418-2502 CPD Personnel and Training 727-562-4183 Department of Justice – Officer Safety and Wellness Group Cops.usdoj.gov/oswg International Association of Chiefs of Police TheIACP.org/topics/officer-safety-wellness Blue Help – Law Enforcement Suicide Prevention and Care BlueHelp.org Cops Alive – Saving the Lives of People Who Save Lives CopsAlive.com Badge of Life – Educate and Train Law Enforcement on Mental Health and Suicide Prevention BadgeOfLife.org Code 9 Project – Making Mental Health a Priority for First Responders Code9Project.org Operation Restore – First Responder Retreat FranciscanCenterTampa.org/healing/first- responders/ LITERATURE“Cop Shock: Surviving Posttraumatic Stress Disorder (PTSD),” by Allen R. Kates “Increasing Resilience In Police and Emergency Personnel,” by Stephanie M. Conn “10-88! Officer Down!: The Story of an Officer Involved Shooting, the Politics Involved and His Survival of the PTSD That Resulted from It All,” by Dustin A Reichert “The Resilient 911 Professional: A Comprehensive Guide to Surviving & Thriving Together in the 9-1-1 Center,” by Jim Marshall and Tracey Laorenza “Bulletproof Spirit: The First Responder’s Essential Resources for Protecting and Healing Mind and Heart,” by Captain Dan Willis “Under the Headset: Surviving Dispatcher Stress,” by Richard Behr “Emotional Survival for Law Enforcement: A Guide for Officers and Their Families,” by Kevin M. Gilmartin RESOURCES AVAILABLE 24/7 ADDITIONAL RESOURCES Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9913 Agenda Date: 11/15/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve Supplemental Work Order 3 from Ardurra Group, Inc. for East Water Reclamation Facility (WRF) Influent Pump Station Rehabilitation project (13-0016-UT) in the amount of $187,966.00 for additional design, increasing the work order from $168,965.00 to $356,931.00, and authorize the appropriate officials to execute same. (consent) SUMMARY: July 19, 2012, City Council awarded RFQ 16-12, for continuing consultant services or Engineer of Record, with King Engineering as one of the selected firms. June 14, 2013, the City Manager approved the initial work order to King Engineering to provide a preliminary design for the rehabilitation of the East WRF Influent Pump Station (IPS) in the amount of $35,632.00. December 24, 2015, the City Manager approved Supplemental Work Order 1 to provide design of a new influent sewer structure upstream of the IPS as required for the temporary by-pass of the IPS during its rehabilitation in the amount of $23,203.00 for a new work order value of $58,835.00. November 15, 2018, City Council approved Supplemental Work Order 2 to perform miscellaneous engineering evaluations with regards to the influent flow meter, wet well baffle, additional Subsurface Utility Engineering (SUE) work and design services for miscellaneous improvements to the IPS in an amount of $110,130.00 for a new work order value of $168,965.00. In 2018, King Engineering and Ardurra Group merged. A new consulting services continuing services contract was awarded under RFQ 26-19, approved by City Council June 20, 2019. In late 2019, the City met with Ardurra and identified additional improvements including the need for additional SUE, demolition of the odor control system to provide access to construct the new by-pass structure, grit overflow piping modifications, arc flash, and flood resiliency. Other items include estimating the historical value of assets removed and permitting support . Supplemental Work Order 3 includes the additional design efforts associated with the improvements. APPROPRIATION CODE AND AMOUNT: 3217321-561300-96214 Funds are available in capital improvement project 96214, East Plant Upgrades/Imp, to fund this supplemental work order. Page 1 City of Clearwater Printed on 11/10/2021 N AR DUR RA CLEARWATER ~ HT '-'illllTAl--i"I ·MY <l~t ~'II Ardurra Group, Inc. City of Clearwater CONSULTANT WORK ORDER Supplement 3 I Date: September 28, 2021 1. PRO 1JECT INFORMATION: Project Title: East WRF Influent Pump Station Rehabilitation Project City Project Number: 13-0016-UT City Plan Set Number: N/A Consultant Project Number: 2110-211-000 2. SCOPE OF SERVICES: The original work order was issued to Ardurra Group, Inc. (Ardurra) in June 2013 to provide design, bidding, and construction services for improvements to the existing Influent Pump Station (IPS). Supplemental Work Order #1 was issued to Ardurra to perform Subsurface Utility Engineering (SUE) work to locate an existing influent sewer after the City of Clearwater (City) discovered in April 2015 that the existing influent sewer to the East WRF is deteriorated and needs to be repaired. Supplemental Work Order #2 was issued to Ardurra to perform miscellaneous engineering evaluations with regards to the influent flow meter, wetwell baffle, performing additional SUE work and providing design services for miscellaneous improvements to the IPS. In November 2019, Ardurra staff met with the City staff regarding improvements at the East WRF . Based on the meeting with City staff, the following additional improvements will be included in the design documents: 1. Specify that the Contractor is required to remove the two (2) existing ultrasonic wet well level sensors and coordinate re-installation with City staff. 2. Incorporate new baffle per HI Standards in the existing wetwell. Consultant Work Order Page 1of 11 Revised: 2/8/2021 CONSULTANT WORK ORDER East WRF Influent Pump Station Rehabilitation Project – Supplement #3 Ardurra Group, Inc. 13-0016-UT City of Clearwater Consultant Work Order Page 2 of 11 Revised: 2/8/2021 3. Demolition of the existing Quad Odor Control Scrubber (Quad) System to provide access to construct the new by-pass structure inside the plant fence and closer to the wet well. This effort will include: a. Demolition of the Quad System; b. Removing the ductwork and associated supports up to the sludge thickening building. c. Demolition of the concrete support foundation(s). d. Demolition of the stairs to the Quad and addition of handrail to the existing elevated platform. e. Demolition of all associated electrical and limited outdoor chemical piping (excluding double wall discharge piping). 4. Reroute the grit overflow piping to the influent wet well. 5. All electrical design and construction will adhere to NFPA 70 E “Standard for Electrical Safety in the Workplace”. Updated calculations of Fault and ARC FLASH, and provisions for new or updated ARC FLASH equipment labeling will be included in the contract document per the City’s ARC FLASH Policy. 6. Provide an estimated value of significant equipment being demolished and removed from service for accounting purposes. 7. As part of the design, Ardurra will evaluate considerations/alternatives for Flood Resilience and Sea Level Rise for the equipment associated with this project. We anticipate potential considerations to include raising electrical control panels to a safer but practical elevation. V. PRE-DESIGN PHASE: Task 5.1 – Project Management and Coordination A. Maintain and update monthly project schedules and status reports. B. Coordinate the activities of the Ardurra’s staff with those of the City and administer, communications among the project team members and with the City’s staff. C. Administer a quality assurance/quality control (QA/QC) program covering the CONSULTANT WORK ORDER East WRF Influent Pump Station Rehabilitation Project – Supplement #3 Ardurra Group, Inc. 13-0016-UT City of Clearwater Consultant Work Order Page 3 of 11 Revised: 2/8/2021 technical work of the project team. D. Meet with the City after each design submittal. Task 5.2 – Subsurface Utility Engineering (SUE) and Survey A. Through a subconsultant (George F. Young), Ardurra will conduct Subsurface Utility Engineering, not to exceed six (6) days of field effort, which will include: • ASCE Quality Level ‘B’ Designation: utilizing conventional electronic designating equipment including ground-penetrating radar (GPR), designate and mark with paint and/or flags the horizontal location of found underground utilities within the project limits. Pipelines smaller than 2” will be marked if found, but due to their small size are often invisible to current designating equipment. • ASCE Quality Level ‘A’ Location: Provide a test hole (VVH-verified vertical and horizontal) on each found underground utility line at a maximum of thirty (30) test holes. • For each test hole, neatly cut and remove existing pavement or other surface material (not to exceed 225 square inches per cut) and record the utility type, diameter, material type, and depth. Backfill and compact with select material around the utility. Provide a restoration of the surface pavement, within the limits of the cut, at the time of the backfill. • Survey the utility information and provide a two-dimensional electronic drawing, depicting the found horizontal utility information together with a Surveyors Report containing VVH test hole information. • Prior to mobilizing to the site, Ardurra will work with the subconsultant to prepare and submit a health and safety plan to the City Project Manager for approval. B. SUE data (both Level B and Level A) received from the subconsultant will be reviewed against available plant Record Drawings. Discrepancies will be noted and the actual location of the utilities located by SUE will be updated as the “existing condition” on the drawings. CONSUL TANT WORK ORDER East WRF Influent Pump Station Rehabilitation Project-Supplement #3 Ardurra Group, Inc. 13-0016-UT City of Clearwater VI. FINAL DESIGN PHASE: Task 6.1-Design Documents A. The existing utilities and below grade piping identified under the SUE tasks will be updated in the 1'existing conditions" background AutoCAD file. B. Conduct two (2) site visits to obtain information required to prepare the design plans. Prior to conducting the site visits, Ardurra will prepare and submit a health and safety plan to the City Project Manager for approval. C. Based on the improvements that are described above in the Scope of Services, the additional Design Documents effort that will be required are as follows: 1. Updated Temporary Bypass Plan (1 sheet) 2. Updated Site Plan (2 sheets) 3. Updated Construction Phasing Plan (1 sheet) 4. Influent Pump Station Structural Modifications (2 sheets) 5. Updated Influent Pump Station Mechanical Plans (2 sheets) 6. Demolition of Quad Odor Control Scrubber System (3 Sheets) 7. Electrical Demolition Drawings of Level Transducers and Quad System (3 sheets) 8. Grit Overflow Piping Plan and Sections (2 sheets) 9. Miscellaneous Details (2 sheets) The Design Plans will be prepared and submitted to the City for review at the 60% and 90% Design levels. Ardurra will meet with the City after each submittal to review comments from the City. D. Supplemental Technical Specifications will be developed to include the improvements that are described above and submitted to the City at the 60% and 90% Design levels. Section IV.A will include a requirement for the Contractor to prepare and submit to City for review a health and safety plan. E. Ardurra will prepare an Engineer's Opinion of Probable Construction Cost and will be submitted to the City at the 60% and 90% Design levels. F. As part of the design, Ardurra will identify, evaluate considerations/alternatives for Flood Resilience and Sea Level Rise for the Consultant Work Order Page 4of11 Revised: 2/8/2021 CONSULTANT WORK ORDER East WRF Influent Pump Station Rehabilitation Project-Supplement #3 Ardurra Group, Inc. 13-0016-UT City of Clearwater equipment associated with this project. A technical memorandum will be submitted to the City to identify the equipment and the alternatives. Since which equipment will be relocated due to flood resilience/sea level rise considerations is currently unknown, design and construction services associated with such relocations are not included and will be addressed via a separate Supplemental Work Order. Task 6.2 -Asset Removal Cost Estimate A. Ardurra will provide a listing of all major equipment items (over $5,000) that are being removed as part of this project. For each item of equipment, Ardurra will provide an estimate of the original cost of the item. Estimates of original equipment costs will be the material costs only as determined using standard costing methods where such information is readily available or by back- trending analysis using construction cost material indices such as by Engineering News Record. Cost for incidental or ancillary equipment, such as sealing water sets for pumps, are not to be provided. Task 6.3 -Arc Flash Study A. Ardurra will perform an arc flash study and incorporate recommendations into the design for all electrical systems to be installed or modified under this project. B. All electrical designs and construction shall adhere to NFPA 70 E "Standard for Electrical Safety in the Workplace". Updated calculations of Fault and Arcflash, and provisions for new or updated Arcflash equipment labeling shall be included in the contract documents. Vil. PERMITTING: Task 7.1 -Florida Department of Environmental Protection (FDEP) Minor Modification A. Based on the proposed improvements to the facility, it is anticipated that a Minor Modification to the FDEP Domestic Wastewater Facility Permit will be required. Ardurra will prepare the minor modification permit package for submittal to FDEP. Ardurra will submit the draft minor modification permit package to the City for review prior to submittal to the FDEP. lt is assumed Consultant Work Order Page 5of11 Revised: 2/8/2021 CONSULTANT WORK ORDER East WRF Influent Pump Station Rehabilitation Project-Supplement #3 Ardurra Group, Inc. 13-0016-UT City of Clearwater that the minor modification permit package will be developed after receipt of comments from the City on the 90% Design Documents. B. Ardurra will provide responses to FDEP's Request for Additional Information (RAI). C. Fees include the minor modification permit fee of $500.00 Task 7.2-Building Permit Coordination A. Ardurra will submit the final design documents to the City's Building Department to obtain and incorporate their comments before the project is advertised for bids. One (1) meeting with Building Department representatives is included to discuss/review comments. The Contractor will subsequently file the required applications and obtain the actual Building Permit. VIII. BIDDING PHASE: Task 8.1-Final Bid Docs and Bidding Assistance A. For the additional p·lant improvements associated with this work order, Ardurra will incorporate the City's comments from the 90% design submittal and develop Final Bid Documents, which will include: • Five (5) signed and sealed copies of the project drawings and technical specifications; • One (1) unbound reproducible set of the technical specifications; • One (1) CD~ROM containing the project drawings in AutoCAD format and the technical specifications in Word format; • One (1) CD~ROM containing the Bid Documents in PDF format; • The final Engineer's Opinion of Probable Construction Cost. B. Preparing up to two (2) Addenda/answer questions related to the additional plant improvements associated with this work order; Consultant Work Order Page 6of11 Revised: 2/8/2021 CONSULTANT WORK ORDER East WRF Influent Pump-Station Rehabilitation Project-Supplement #3 Ardurra Group, Inc. 13-0016-UT City of Clearwater C. Reviewing the bids, evaluating the apparent low bidder and providing recommendation of contract award was included in a previous work order. Therefore, it has not been included in this work order. Task 8.2 -Conformed Documents A. Develop "Conformed" Documents related to the additional plant improvements associated with this work order. Revisions made to the Bid Documents during the bidding phase of the project will be incorporated into the Conformed Documents. Ardurra will provide the City with five {5) signed/sealed sets of the Conformed Plans and Technical Specifications and one (1) CDROM with the Conformed Documents in AUTOCAD and PDF formats. 3. PROJECT GOALS: 1. One electronic PDF of the 60% Drawings, Technical Specifications and Cost Estimate. 2. One ele_ctronic PDF of the 90% Drawings, Technical Specifications and Cost Estimate. 3. One (1) full copy of all permit application packages and RAI responsesi 4. Bid Documents as described above. 5. Meeting minutes in PDF format by email. 4. FEES: See Attachment A. This price includes all labor and expenses anticipated to be incurred by Ardurra Group, Inc. for the completion of these tasks in accordance with Professional Services Method "A" -Hourly Rate1 for a fee not to exceed One Hundred Eighty-Seven Thousand Nine Hundred Sixty-Six Dollars {$187,966). 5. SCHEDULE: The project is to be completed 225 calendar days from issuance of notice-to-proceed. Consultant Work Order Page 7 of 11 Revised: 2/8/2021 CONSULTANT WORK ORDER East WRF Influent Pump Station Rehabilitation Project-Supplement #3 Ardurra Group, Inc. 13-0016-UT City of Clearwater Note that schedule assumes a 30-calendcir day review time by the City for each submittal. 1. SUE Services: 60 calendar days from NTP 2. 60% Design Submittal: 90 calendar days from NTP 3. 90% Design Submittal: 165 calendar days from NTP 4. Final Bid Documents: 225 calendar days from NTP 5. Bidding: Per the City's Schedule 6. STAFF ASSIGNMENT: Consultant's Staff: Principal: Department l\llanager: Project Manager: Engineer: City's Staff: Project Manager: Engineering Manager, Utilities: Public Utilities Director: Public Utilities Manager: Public Utilities Liaison: Public Utilities Site Representative: Christopher F. Kuzler, P.E. Loe Truong, P .E. Loe Truong1 P.E. David A. We'ber1 P.E. Kaylynn Price Jeremy Brown, P.E. Richard Gardner, P.E. Jason Jennings Michael Flanigan Jack Sadowski 7. CORRESPONDENCE/REPORTING PROCEDURES: Consultant's project correspondence sha!I be directed to: David Weber, P.E. (Project Manager), with copies to Loe Truong, P.E. (Department Manager). All City project correspondence shall be directed to: City's designated Project Manager with copies to the Engineering Manager and Public Utilities Director. ENGINEER shall provide a minimum of forty-eight (48) hours' notice prior to conducting fieldwork/site visits. ENGINEER shall provide a minimum of seven {7) days notification for site visits requiring the assistance of City Operations and Maintenance personnel. ENGINEER acknowledges that all City directives shall be provided by the City Project Manager. Consultant Work Order Page 8 of 11 Revised: 2/8/2021 CONSULTANT WORK ORDER East WRF Influent Pump Station Rehabilitation Project-Supplement #3 Ardurra Group, Inc. 13-0016-UT City of Clearwater In addition to the original copies delivered as stated in the scope of work, all project deliverables will be submitted in electronic format on CD or other City approved device prlor to approval of final invoice. 8. INVOICING/FUNDING PROCEDURES: City Invoicing Code: 3217321-Sl;B00-96214 For work performed, invoices shall be submitted monthly to: Attn: Brooke Freeman, Act:ountant City of Clearwater, Engineering Department PO Box4748 Clearwater, Florida 33758-4748. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. 9. INVOICING PROCEDURES: At a minimun1, 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 Hourly Rate. 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 Hourly Rate, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, the percent completion, 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. Consultant Work Order !'age9 ofll Revised: 2/8/2021 CONSULTANT WORK ORDER East WRF Influent Pump Station Rehabilitation Project-Supplement #3 Ardurra Group, Inc. 13-0016-UT City of Clearwater 2. All City directives shall be provided by the City Project Manager. 3. "Alternate equals" shall not be approved until City Project Manager agrees. 4. All submittals must be accon1panied by evidence each has been internally checked for OA/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 shbuld 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, RFls, 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: 1. The City will make modification, if needed to the existing influent magnetic and strap-on flowmeters. 2. Construction services are not included in this supplemental work order. 3. The design of a replacement odor control unit is not included. This will be included in a supplemental work order Consultant Work Order P3ge 10 of 11 Revised: 2/8/2021 CONSULTANT WORK ORDER East WRF Influent Pump Station Rehabilitation Project -Supplement #3 Ardurra Group, Inc. 13-0016-UT City of Clearwater 13. SIGNATURES: Consultant Work Order Page 11of11 APPROVED BY: Tara Kivett, P.E. City Engineer City of Clearwater Date Revised: 2/8/2021 ATIACHMENT "A" CONSULTANT WORK ORDER -PROJECT FEES TABLE East WRF Influent Pump Station Rehabilitation Project-Supplement #3 Ardurra Group, Inc. 13-0016-UT City of Clearwater CONSULTANT WORK ORDER PROJECT FEES TABLE Task Description Subconsultant Labor Total Services 5.0 Pre-Design 5.1 Project Management $15,984 $15,984 5.2 Subsurface Utility Engineering (SUE) $22,000 $6,410 $28,410 6.0 Final Desig111 6.1 Design Documents $4,650 $78,736 $83,386 6.2 Asset Removal Cost Estimate $4,092 $4,092 6.3 Arch Flash Study $6,350 $2,100 $8,450 7.0 Permitting 7.1 FDEP Minor Modification Permit $8,070 $8,070 7.2 Building Permit $5,358 $5,358 8.0 Bidding Phase 8.1 Final Bid Docs and Bidding Assistance $1,000 $11,370 $12,370 8.2 Conformed Documents $750 $3,596 $4,346 SUBTOTAL, LABOR AND SUB-CONTRACTORS: $170,466 9.0 Contingency $15,000 10.0 Expenses $2,500 GRAND TOTAL: $187,966 Consultant Work Order-Project Fees T11ble Pagelofl Revised: 2/8/2021 ATTACHMENT "B" CONSULTANT WORK ORDER-CITY DELIVERABLES East WRF Influent Pump Station Rehabilitation Project-Supplement #3 Ardurra Group, Inc. 13-0016-UT City of Clearwater 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 11' = 20' unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digltal format with all project data in Autodesk Civil 3D file format. NOTE: lf approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, c·rs 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. Consultant Work Order -City Dellverables Page 1of1 Revised: 2/8/2021 BAYSIDE BRG GULF-TO-BAY BLVD S McMULLEN BOOTH RD S BAYSHORE BLVD S BAYSHORE BLVD AERIAL MAP INFLUENT PUMP STATION Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\13-0016-UT_E_WRF_IPSAer.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 East WRF Influent Pump StationProject Number: 13-0016-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#21-9916 Agenda Date: 11/15/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.2 SUBJECT/RECOMMENDATION: Approve a Master Agreement with Black and Veatch of Tampa, FL, for the Water Reclamation Facility Master Plan project (17-0007-UT) in the amount of $2,748,098 per Request for Qualifications (RFQ) 07-21 and authorize the appropriate officials to execute same. (consent) SUMMARY: Black and Veatch was selected through RFQ #07-21, from which four submittals were received. The selection committee consisted of representatives from the Engineering and Public Utilities Departments. This Water Reclamation Facility (WRF) Master Plan project entails developing a 30-year Master Plan and implementation strategy for the City's WRFs that will be used as an aid in determining current WRF rehabilitation and replacement needs as well as a budgeting and planning road map for implementing future facility modifications, upgrades, operational and maintenance improvements, compliance with future regulations, and to ensure the facilities are efficient, resilient, sustainable and economical. The Master Plan includes conducting a detailed assessment of the three WRF’s vulnerabilities to climate variability and coastal hazards, assessing current and future regulatory compliance, evaluating individual treatment processes, and developing a Capital Improvements Program plan and WRF Master Plan that provide a prioritized approach for the recommended improvements over the 30-year planning horizon. The Water Reclamation Facility Master Plan is anticipated to be a 24-month study and planning effort. APPROPRIATION CODE AND AMOUNT: 3277327-530100-96664 $2,748,098 Funding is available in Utility Renewal and Replacement Project 96664, WPC R&R, to fund the work order Page 1 City of Clearwater Printed on 11/10/2021 2 Total compensation for all services shall not exceed $2,748,098.00 (Two Million Seven Hundred Forty-Eight Thousand Ninety-Eight Dollars and Zero Cents) unless specifically authorized by the City Council. See Work Order attached hereto as Exhibit A. 2.3 The CONSULTANT shall maintain an adequate and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering the required engineering and/or consultant services hereunder, and shall diligently execute the work to meet the completion time established in the Work Orders. The CONSULTANT shall notify the CITY by U.S. Mail addressed to the City Engineer of any changes in company contact information, including but not limited to contact phone, address, project manager, email addresses, etc. 2.4 The CITY reserves the right to enter into contracts with other engineering and/or architect firms for similar services. The CONSULTANT will, when directed to do so by the CITY, coordinate and work with other engineering and/or architectural firms retained by the CITY. 2.5 The CITY reserves the right to remove any or all projects, phases, tasks, or assignments related to this Agreement. The CITY further reserves the right to enter into contracts with other firms for services related to such projects, phases, tasks, or assignments. The CONSULTANT will, when directed to do so by the CITY, coordinate and work with other firms retained by the CITY. 3.0 PERIOD OF SERVICES 3.1 The CONSULTANT shall begin work promptly after receipt of a fully executed Work Order. Receipt of a fully executed Work Order shall constitute written notice to proceed. 3.2 If the CONSULTANT’S services are delayed for reasons beyond the CONSULTANT’S control, the time of performance shall be adjusted as appropriate. 3.3 It is the intent of the parties hereto that this Agreement continue in force for a period not to exceed to two (2) years, subject to the provisions for termination contained herein. Assignments that are in progress at the Termination Date shall be completed by the CONSULTANT unless specifically terminated by the CITY. Should the CONSULTANT be in the progress of completing work under this Agreement at the Termination Date, this Agreement shall continue with all terms, conditions and obligations being in full force and effect until such time as the work is completed. All provisions expressly intended to survive termination shall do so. 4.0 PROFESSIONAL SERVICES/CONSULTANT’S COMPETITIVE NEGOTIATION ACT (CCNA) Professional Services provided under this Agreement are within the scope of the practice of architecture, landscape architecture, professional engineering, or registered land surveying and mapping, as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply. 2 Total compensation for all services shall not exceed $2,748,098.00 (Two Million Seven Hundred Forty-Eight Thousand Ninety-Eight Dollars and Zero Cents) unless specifically authorized by the City Council. See Work Order attached hereto as Exhibit A. 2.3 The CONSULTANT shall maintain an adequate and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering the required engineering and/or consultant services hereunder, and shall diligently execute the work to meet the completion time established in the Work Orders. The CONSULTANT shall notify the CITY by U.S. Mail addressed to the City Engineer of any changes in company contact information, including but not limited to contact phone, address, project manager, email addresses, etc. 2.4 The CITY reserves the right to enter into contracts with other engineering and/or architect firms for similar services. The CONSULTANT will, when directed to do so by the CITY, coordinate and work with other engineering and/or architectural firms retained by the CITY. 2.5 The CITY reserves the right to remove any or all projects, phases, tasks, or assignments related to this Agreement. The CITY further reserves the right to enter into contracts with other firms for services related to such projects, phases, tasks, or assignments. The CONSULTANT will, when directed to do so by the CITY, coordinate and work with other firms retained by the CITY. 3.0 PERIOD OF SERVICES 3.1 The CONSULTANT shall begin work promptly after receipt of a fully executed Work Order. Receipt of a fully executed Work Order shall constitute written notice to proceed. 3.2 If the CONSULTANT’S services are delayed for reasons beyond the CONSULTANT’S control, the time of performance shall be adjusted as appropriate. 3.3 It is the intent of the parties hereto that this Agreement continue in force for a period not to exceed to two (2) years, subject to the provisions for termination contained herein. Assignments that are in progress at the Termination Date shall be completed by the CONSULTANT unless specifically terminated by the CITY. Should the CONSULTANT be in the progress of completing work under this Agreement at the Termination Date, this Agreement shall continue with all terms, conditions and obligations being in full force and effect until such time as the work is completed. All provisions expressly intended to survive termination shall do so. 4.0 PROFESSIONAL SERVICES/CONSULTANT’S COMPETITIVE NEGOTIATION ACT (CCNA) Professional Services provided under this Agreement are within the scope of the practice of architecture, landscape architecture, professional engineering, or registered land surveying and mapping, as defined by the laws of the State of Florida. Provisions of F.S. 287.055 apply. Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33578-4748 727-562-4630 Tel REQUEST FOR QUALIFICATIONS Consulting Services - Water Reclamation Facility Master Plan RFQ #07-21 December 8, 2020 NOTICE IS HEREBY GIVEN that sealed Statements of Qualifications will be received by the City of Clearwater (City) until 10:00 AM, Local Time, February 10, 2021 to provide Consulting Services for Water Reclamation Facility Master Plan development. Brief Description: The City of Clearwater Public Utilities Department is seeking a qualified consultant to develop a 30-year Master Plan for the City’s three (3) Water Reclamation Facilities. Responses must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. This Request for Qualifications, any attachments and addenda are available for download at https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the response in accordance with the instructions. This document (less this invitation and the instructions) and any required documents, attachments, and submissions will constitute the response. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Procurement Manager. This Request for Qualifications is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS WRF Master Plan 2 RFQ #07-21 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 One (1). Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their response. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a response. i.3 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: February 10, 2021 Time: 10:00 AM (Local Time) The City will open all responses properly and timely submitted and will record the names and other information specified by law and rule. All responses become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, responses are available for inspection by contacting the Procurement Division. i.4 RESPONSE SUBMITTAL: It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Firms may mail or hand-deliver responses to the address below. Use label at the end of this solicitation package. E-mail or fax submissions will not be accepted. 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 response that is not properly addressed and identified. i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered on time at the place specified. All responses received after the date and time specified shall not be considered and will be returned unopened to the respondent. The respondent assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The respondent agrees to accept the time stamp in the City’s Procurement Division as the official time. i.6 LOBBYING. Any communication regarding this solicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City is prohibited. This section shall not prohibit public comment at any City Council meeting, study session or Council committee meeting. This prohibition shall not apply to communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to clarification of responses, presentations if INSTRUCTIONS WRF Master Plan 3 RFQ #07-21 provided in the solicitation, contract negotiations, protest/appeal resolution, or surveying non- responsive vendors. i.7 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page One (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the response. Respondents are cautioned to verify their responses before submission, as amendments to or withdrawal of responses submitted after time specified for opening of responses may not be considered. The City will not be responsible for any respondent errors or omissions. i.8 FORM AND CONTENT OF RESPONSES. Unless otherwise instructed or allowed, responses shall be submitted on the forms provided. An original and the designated number of copies of each response are required. Responses, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the response is not properly signed or if any changes are not initialed, it may be considered non-responsive. The City may require that an electronic copy of the response be submitted. The response must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the response. i.9 DEBARMENT DISCLOSURE. If the respondent has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a (sub)contractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the respondent shall include a letter with its response identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above must be provided. A response from a respondent who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity may be rejected. i.10 RESERVATIONS. The City reserves the right to reject any or all responses or any part thereof; to reissue the solicitation; to reject non-responsive or non-responsible responses; to reject unbalanced responses; to reject responses where the terms and/or awards are conditioned upon another event; to reject individual responses for failure to meet any requirement; to award by part or portion, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any response. The City may seek clarification of the response from respondent at any time, and failure to respond is cause for rejection. Submission of a response confers on respondent no right to an award or to a subsequent contract. The City is responsible to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.11 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a respondent may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.12 ETHICS. It is the intention of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the procurement process, including respondents and contractors. INSTRUCTIONS WRF Master Plan 4 RFQ #07-21 To achieve the purpose of this Article, it is essential that respondents and contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.13 GIFTS. The City will accept no gifts, gratuities or advertising products from respondents or prospective respondents and affiliates. i.14 PROTESTS AND APPEALS. If a respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its response, and/or believes the selected response is not in the City’s best interests, the respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policies and Procedures. If any discrepancy exists between this Section and the Procurement Rules, the language of the Procurement Rules controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the opening must be filed with the Procurement Manager no later than five (5) business days before Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater - Procurement Division 100 So Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION WRF Master Plan 5 RFQ #07-21 i.15 EVALUATION PROCESS. Responses will be reviewed by a screening committee comprised of City employees and/or authorized agents. The City staff may or may not initiate discussions with respondents for clarification purposes. Clarification is not an opportunity to change the response. Respondents shall not initiate discussions with any City employee or official. i.16 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and the technical response. All responses must meet the following responsiveness and responsibility criteria. a) Responsiveness. The City will determine whether the response complies with the instructions for submitting responses including completeness of response which encompasses the inclusion of all required attachments and submissions. The City must reject any responses that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the respondent is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: past performance, references (including those found outside the response), compliance with applicable laws, respondent's record of performance and integrity- e.g. has the respondent been delinquent or unfaithful to any contract with the City, whether the respondent is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A respondent must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review respondent’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Technical Response. The City will determine how well responses meet its requirements in terms of the response to the solicitation and how well the offer addresses the needs of the project. The City will rank offers using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. The criteria that will be evaluated and their relative weights are: Evaluation Criteria (Response Format, pgs. 12-13) Points Technical Approach (Tab 2) 25 Experience and Qualifications of Project Team (Tab 3) 35 Work Plan and Schedule (Tab 4) 30 Quality Management Approach (Tab 5) 10 i.17 SHORT-LISTING. The City at its sole discretion may create a short-list of the highest scored responses based on a preliminary evaluation against the evaluation criteria. Only those short-listed firms would be invited to give presentations and/or interviews. The City will finalize ranking of the firms upon conclusion of presentations/interviews. i.18 PRESENTATIONS/INTERVIEWS. Presentations and/or interviews may be requested at the City’s discretion. The location for these presentations and/or interviews will be determined by the City and may be held virtually. i.19 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Respondent must be prepared for the City to accept the response as submitted. If respondent fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject response or revoke the award, and may begin negotiations with another Respondent. Final contract terms must be approved or signed by INSTRUCTIONS – EVALUATION WRF Master Plan 6 RFQ #07-21 the appropriately authorized City official(s). No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. i.20 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the respondent’s responsibility to check the City of Clearwater’s Purchasing website at https://www.myclearwater.com/business/rfp to view the Procurement Division’s Intent to Award postings. i.21 RFQ TIMELINE. All dates are tentative and subject to change. Release RFQ: 12/08/2020 Advertise Tampa Bay Times: 12/09/2020 Site Visit Registration Deadline: 01/04/2021 Site Visit: 01/06/2021 Responses due: 02/10/2021 Review responses/presentations: 02/10/2021-04/14/2021 Award recommendation: 04/14/2021 Council authorization: 08/5/2021 Contract begins: August 2021 DETAILED SPECIFICATIONS WRF Master Plan 7 RFQ #07-21 1. BACKGROUND. The City of Clearwater (City) is located in Pinellas County in West Central Florida. According to the 2020 Bureau of Economic and Business Research (BEBR) the City has a population of 118,017 permanent residents. The City owns and operates three (3) water reclamation facilities (WRF) which consists of the following: East WRF, Northeast WRF, and Marshall Street WRF. The East, Marshall St. and Northeast WRFs are designed as 5.0 million gallons per day (MGD), 10.0 MGD, and 13.5 MGD annual average daily flow (AADF) Type I domestic advanced wastewater treatment facilities (AWWTF), respectively. The Northeast WRF serves the City of Safety Harbor in addition to Clearwater customers. 2. SCOPE OF SERVICES. The scope of services presented herein is a general description of the tasks and deliverables expected of the Consultant. The Consultant is encouraged to identify and include additional elements in its response that the Consultant believes will benefit the project. A. Project Description The City of Clearwater Public Utilities Department is seeking a qualified consultant to develop a 30- year Master Plan and implementation strategy for the City’s three (3) Water Reclamation Facilities that will be used as an aid in determining current WRF rehabilitation and replacement needs as well as a budgeting and planning road map for implementing future facility modifications, upgrades, operational and maintenance improvements, compliance with future regulations, and to provide facilities that are efficient and economical. Work includes conducting a detailed and thorough assessment of City WRF locations, individual treatment processes (capacity, reliability, efficiency, treatment alternatives, etc.) and development of a Capital Improvement Plan (CIP) program to address these needs. B. Project Tasks The various tasks involved with this project are expected to include, but are not limited to, the following:  Identify future WRF strategies and locations (location, capacity, number, etc.).  Flood resilience/sea level rise considerations using available public data/reports/studies/etc.  Economic evaluations and financial planning.  Conditions assessments.  Subsurface utilities engineering.  Evaluate technologies relating to each WRF processes.  Review and organize record drawings.  Review/update Operation and Maintenance (O&M) manuals and operating protocols for WRF equipment and processes.  Evaluate the systems and strategies for the following elements: o Pre-treatment such as bar screens, grit removal, equalization, etc. o Primary and secondary treatment (moving belt filters, clarifiers, aeration tanks, etc.) o Biosolids management including thickening, heating, digesters, dewatering, and disposal. o Tertiary treatment (sand filters, etc.) o Disinfection o Aeration including aerators, blowers, piping, controls, etc. o Management of other residuals (grit, screenings, scum, etc.) o Chemical feeds and usage o Maintenance plan(s) o Odor control DETAILED SPECIFICATIONS WRF Master Plan 8 RFQ #07-21 o Facility drainage including piping, slide gates, valves, tank drains, in plant lift stations, etc. o Existing permits (Environmental Resource Permit, Municipal Separate Storm Sewer System, Domestic Wastewater Facility Permit, etc.) including potential regulatory changes. o Minimizing sanitary sewer overflows o Hydraulic profile(s) for primary, secondary, and tertiary treatment, etc. o Reuse within the WRFs o Instrumentation and control o Other elements to be identified  Evaluate the conditions of the WRF structures as related to: o Hurricane ratings and capabilities o Construction o Safety o Generator usage and capacity o Security o Future expansion(s), if necessary o Lighting o Sustainability  Prioritize improvements/projects and develop a multi-year CIP work plan.  Development of compliance management system  Identify enhancements to finished water quality that could be achieved through improvement of operational procedures and application of alternative treatment technologies  Determine ability to provide effluent that will comply with reasonably anticipated state and federal regulations  Develop model of the treatment process for the selected facilities The Consultant is encouraged to propose modifications to the individual tasks or the entire scope of work if the Consultant can demonstrate innovative, advanced and well-thought-out methodologies that the City may not have specifically identified. Proposed scope modifications shall be identified as optional items in the Consultant’s response. C. Supplemental Material In addition to this solicitation document, the following items have been provided on the City’s FTP site to aid in preparing responses: FTP Site Access: ftp://vendor:clearwater@ftpserver.myclearwater.com/Purchasing/ RFQ 07-21 WATER RECLAMATION FACILITY MASTER PLAN/ Username: vendor (lower case) Password: clearwater (lower case)  02-0102-UT WPC Master Plan- Phase I Water Pollution Control Infrastructure Assessment Report, October 2004  08-0002-UT WPC Master Plan Update- Water Pollution Control Master Plan and Capital Improvement Program (CIP) Update, April 2009  Facilities FDEP Permits o East WRF: FL0021865 o Marshall St WRF: FL0021857 o Northeast WRF: FL0128937 DETAILED SPECIFICATIONS WRF Master Plan 9 RFQ #07-21  Facility Record Drawings  Plant O&M Manuals  Additional documents related to the facilities can be found on the FDEP Oculus site. D. Site Visit The City will host a site visit at all three (3) WRFs. Details including date, time, locations, restrictions, and registration information are provided in 07-21_Exhibit A_Site_Visit_Information. 3. REQUIRED QUALIFICATIONS. Qualified firms must demonstrate the necessary ability, financial resources, and experience to perform the work in a satisfactory manner. The consultant shall demonstrate a thorough understanding of the scope of services and provide three (3) similar or related projects, preferably from other governmental agencies of similar nature, size and complexity in the past ten (10) years. 4. INSURANCE REQUIREMENTS. The Contractor (respondent) shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A- VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Contractor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement. Specific work may require additional coverage on a case by case basis: a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $100,000 (one hundred thousand dollars) each employee each accident, $100,000 (one hundred thousand dollars) each employee by disease and $500,000 (five hundred thousand dollars) aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a 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. DETAILED SPECIFICATIONS WRF Master Plan 10 RFQ #07-21 The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. 6. OTHER INSURANCE PROVISIONS. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Contractor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured.” In addition, when requested in writing from the City, Contractor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, RFQ #07-21 P.O. Box 4748 Clearwater, FL 33758-4748 b. Contractor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. c. Contractor’s insurance as outlined above shall be primary and non-contributory coverage for Contractor’s negligence. d. Contractor reserves the right to appoint legal counsel to provide for the Contractor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Contractor’s design, equipment, or service. Contractor agrees that the City shall not be liable to reimburse Contractor for any legal fees or costs as a result of Contractor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and failure to request evidence of this insurance shall not be construed as a waiver of Contractor’s obligation to provide the insurance coverage specified. MILESTONES WRF Master Plan 11 RFQ #07-21 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. August 2021- July 2023 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. RESPONSE FORMAT WRF Master Plan 12 RFQ #07-21 1. RESPONSE SUBMISSION. It is recommended that responses are submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For responses mailed and/or hand-delivered, firm must submit one (1) signed original (identified as ORIGINAL) response, five (5) copies of the response and one (1) copy in an electronic format, on a disc or thumb drive, in a sealed container using the label provided at the end of this solicitation. 2. RESPONSE FORMAT - Qualifications shall be submitted in bound volumes on standard 8½" x 11" paper. A single 8½" x 11" sheet printed on both sides is two (2) pages. All information must be assembled and indexed in the order indicated below. The page count shall not exceed twenty-eight (28) total pages, including typed text, graphics, charts and photographs. The total page count does not include documents submitted for Tabs 6 and 7, the tabbed separator pages, cover page, and back page. TAB 1 – Letter of Interest (two [2] pages). The cover letter should briefly introduce the Consultant and include: a. A statement confirming that all information contained in the response is complete and accurate. b. Signature from the firm’s principal certifying that sufficient resources in personnel, equipment, and time are available and can be committed to this project. c. Contact information for the firm’s principal including email address and phone number. TAB 2 – Technical Approach (25 points; six [6] pages). Provide an understanding of the Scope of Services and the firms technical approach and ability to provide such services. Identify any subconsultants that the firm would use to complete the work including the name of the firm, key staff, and relevant experience. Provide additional items/information that the firm believes is relevant to this project but not explicitly included. TAB 3 – Experience and Qualifications of Project Team (35 points; ten [10] pages).  Describe the firm’s professional background, experience with similar projects, and qualifications of key personnel proposed to work on the project including: a. Organization chart and an affirmative statement indicating that the firm and all assigned key professional staff are properly licensed to practice in Florida. b. Resumes/professional bios for key team members (including subconsultants) demonstrating specific project experience relevant to the project. Include educational background and licenses/certifications. c. Expected amount of involvement for each consultant team member.  Any changes in key personnel after the contract award must be approved by the City.  d. Include Information for three (3) projects, preferably from other government agencies of similar nature, size and complexity in the last 10 years, for which Consultant has provided services closely related to this Scope of Services. Project descriptions shall identify any change order(s) to the original agreement and must clearly identify and describe the involvement of any staff proposed for this project. e. Provide client references for the three (3) selected projects including contact name, mailing address, email address, and phone number. TAB 4 – Work Plan and Schedule (30 points; eight [8] pages). Provide a detailed work plan by task describing the firms understanding of the project and its methodology for executing this project. Provide a detailed description of in-house engineering disciplines including how outsourced disciplines will be selected, involved, and managed. Provide an estimated schedule of tasks associated with the work plan, including estimated number of hours per task, by personnel/position, and duration. Include an actual schedule of the anticipated completion of the project by task (such as a Gantt chart). RESPONSE FORMAT WRF Master Plan 13 RFQ #07-21 TAB 5 – Quality Management Approach (10 points; two [2] pages). Provide information as to the firm’s Quality Assurance/Quality Control plan and/or policy. Indicate specific steps conducted for technical review of all types of deliverables (meeting minutes, technical memorandums, reports, designs, etc.) prior to submission to a client. Identify standard processes used. Define key factors that demonstrate the policy was successful and effective. TAB 6 – Litigation. NOTE: this is not considered Confidential or Proprietary information – any response indicating such may be deemed non-responsive to the RFQ. a. Provide a complete listing of any convictions or fines incurred by the respondent firm or any of its principals for violations of any state or federal law within the past three (3) years. Identify firm’s executives who have current claims or who have participated in litigation against the City of Clearwater while with another firm. Executives of firms currently under litigation with the City may not be considered for this project. b. Provide a complete listing of all litigation involving a construction project or contract (excluding personal injury and workers’ compensation) whether currently pending or concluded within the past three (3) years in which the respondent firm was a named party. c. Provide a complete listing of all administrative proceedings involving a construction project or contract, whether currently pending or concluded within the past three (3) years, in which the respondent firm was a named party. (NOTE: Administrative Proceedings shall include: (i) any action taken or proceeding brought by a governmental agency, department, or officer to enforce any law, regulation, code, legal, or contractual requirement, except for those brought in state or federal courts; (ii) any action taken by a governmental agency, department, or officer imposing penalties, fines, or other sanctions for failure to comply with any such legal or contractual requirement, or (iii) any other matter before an administrative body.) d. Provide a complete listing of all arbitrations involving a construction project or contract, whether currently pending or concluded in the past three (3) years, in which the respondent firm was a named party. TAB 7 - Other Forms. The following forms should be completed and signed: a. Exceptions, Additional Materials, Addenda form   b. Company Information form  c. Response Certification form  d. Exhibit C_Scrutinized Companies Form e. Exhibit D_E-Verifty Eligibility Form f. Copy of the firm’s current Florida Department of Business and Professional Regulation’s License g. If the firm is a corporation, a copy of the current Florida Corporation Registration  h. W-9 Form. All responses should include a fully completed, most current W-9 form. Failure to include the W-9 will not disqualify your bid. (http://www.irs.gov/pub/irs-pdf/fw9.pdf) EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA WRF Master Plan 14 RFQ #07-21 Respondents shall indicate any and all exceptions taken to the provisions or requirements in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): **Special Note – Any material exceptions taken to the City’s Terms and Conditions may render a Response non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this response Additional Materials attached (describe--attach additional pages if needed) Addenda Respondents are responsible for verifying receipt of any addenda issued by checking the City’s website at https://www.myclearwater.com/business/rfp prior to the bid opening. Failure to acknowledge any addenda issued may render a Bid Non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name__________________________________________________ Date__________________ COMPANY INFORMATION WRF Master Plan 15 RFQ #07-21 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 response: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. RESPONSE CERTIFICATION WRF Master Plan 16 RFQ #07-21 By signing and submitting this Response, the Company certifies that: a) It is under no legal prohibition to contract with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. e) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process. f) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. g) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. h) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. i) It is current in all obligations due to the City. j) It will accept such terms and conditions in a resulting contract if awarded by the City. k) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER WRF Master Plan 17 RFQ #07-21 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #07-21, Consulting Services – Water Reclamation Facility Master Plan Due Date: February 10, 2021 at 10:00 A.M. City of Clearwater Attn: Procurement Division PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #07-21, Consulting Services – Water Reclamation Facility Master Plan Due Date: February 10, 2021 at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services------------------------------------------------ EXHIBIT A - RFQ 07-21 – SITE VISIT INFORMATION No questions will be answered during the visit, but photos can be taken throughout the facility. When taking photos at the facilities, please do not include other attendees/City employees. General, Process, or Technical Questions concerning this solicitation should be directed, IN WRITING, to the Sr. Procurement Analyst, Valerie.Craig@myclearwater.com. Only two representatives per firm can attend the field visits. All attendees must register by email to Valerie.Craig@myclearwater.com prior to field visits. Registration must be received by 01/04/2021 at 1:00PM EST. Anyone who doesn’t register at the appropriate time will not be allowed in the facilities. Site visits will occur on 01/06/2021 at the following allotted time(s):  Northeast WRF: 8:00AM - 10:00AM EST  Marshall Street WRF: 10:30AM – 12:30PM EST  East WRF: 2:00PM – 3:30PM EST Addresses for the Water Reclamation Facilities: East WRF: 3141 Gulf to Bay Blvd, Clearwater, FL 33759 Marshall Street WRF: 1605 Harbor Dr, Clearwater, FL 33755 Northeast WRF: 3920 State Road 580, Safety Harbor, FL 34695 Follow the CDC recommendations when walking around the facilities. Always keep a recommended distance between other attendees and wear an appropriate face mask throughout the tour. Sign in/out of the logbooks at each facility. Print documentation prior to field visits. The City is not responsible for providing additional documentation during these field visits. Public Utilities Department Organization Chart Director: David Porter Assistant Director: Richard Gardner Wastewater Environmental Technologies Manager: Jason Jennings Wastewater Environmental Technologies Assistant Manager: Michael Flanigan East Water Reclamation Facility (WRF) Chief Operator: Jack Sadowski Marshall Street WRF Chief Operator: Ryan Alexander Northeast WRF Chief Operator: Catherine Borden RFQ #07-21, EXHIBIT B STANDARD TERMS AND CONDITIONS 1 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, consultant, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will RFQ #07-21, EXHIBIT B STANDARD TERMS AND CONDITIONS 2 require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. RFQ #07-21, EXHIBIT B STANDARD TERMS AND CONDITIONS 3 S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 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. RFQ #07-21, EXHIBIT B STANDARD TERMS AND CONDITIONS 4 d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the 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. RFQ #07-21, EXHIBIT B STANDARD TERMS AND CONDITIONS 5 S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. S.16 SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if 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. RFQ #07-21, EXHIBIT B STANDARD TERMS AND CONDITIONS 6 c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. S.20 TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice. S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. 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. RFQ #07-21, EXHIBIT B STANDARD TERMS AND CONDITIONS 7 S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. S.27 THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. 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 RFQ #07-21, EXHIBIT B STANDARD TERMS AND CONDITIONS 8 without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The agreement will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the agreement will be referred to the administrator for resolution. Supplements may be written to the agreement for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Purchasing Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If 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. RFQ #07-21, EXHIBIT B STANDARD TERMS AND CONDITIONS 9 S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. 07-21_EXHIBIT C SCRUTINIZED COMPANIES FORM 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 07-21_EXHIBIT D E-VERIFY ELIGIBILITY FORM 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 1) Black & Veatch Corporation 2) Carollo Engineers, Inc. 3405 W. Dr. M.L. King, Jr. Blvd, Ste 125 10117 Princess Palm Ave., Ste 340 Tampa, Fl 33607 Tampa, Fl 33610 813-207-7943 813-888-9572 3) McKim & Creed, Inc.4) Tetra Tech, Inc. 1365 Hamlet Ave.5201 W. Kennedy Blvd., Ste 620 Clearwater, Fl 33756 Tampa, Fl 33609 727-442-7196 813-775-9940 ADVERTISED: TAMPA BAY TIMES 12/9/2020 POSTED:myclearwater.com 12/8/20-2/10/21 Due/Opening: February 10, 2021; 10:00 a.m. REQUEST FOR QUALIFICATIONS TO BID No. 07-21 Consulting Services- Water Reclamation Facility Master Plan Solicitation Response Listing FOR THE CITY OF CLEARWATER C.S.X. RAILROADUS Hwy 19 NDREW ST DRUID RD SR 580 BELLEAIR RD SUNSET POINT RD N BELCHER RD N McMULLEN BOOTH RD GULF-TO-BAY BLVD UNION ST LAKEVIEW RD NURSERY RD CLEVELAND ST N KEENE RD N BETTY LN GULF BLVD COURT ST N HERCULES AVE SR 590 COURTNEY C AMPBELL CSWY S MISSOURI AVE N HIGHLAND AVE KINGS HWY S BELCHER RD MEMORIAL CSWY N MYRTLE AVE PALMETTO ST BAYSI DE BRG VIRGINIA AVE SUNSET DR Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\17-0007-UTWRFMasterPlan.mxd WRF Master PlanProject Number: 17-0007-UT LOCATION MAP Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page 1 of 1 Date:6/11/2021² N.T.S.Scale: WDMap Gen By: East WRF 3141 Gulf to Bay Blvd. Northeast WRF 3920 SR 580 Marshall Street WRF1605 Harbor Dr. Legend Clearwater Service Area Area not in Clearwater Jurisdiction KPReviewed By: Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9932 Agenda Date: 11/15/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 5.3 SUBJECT/RECOMMENDATION: Approve the conveyance of a Distribution Easement to Duke Energy Florida, LLC, d/b/a Duke Energy, for the installation, operation, and maintenance of electric facilities at the City’s Northeast Water Reclamation Facility whose address is 3200 State Road 580 and authorize the appropriate officials to execute same. (consent) SUMMARY: This distribution easement will provide Duke Energy with the necessary property rights to relocate existing electrical transformers and primary feeder lines. This relocation is to accommodate a city utility construction project, which was approved earlier this year, and will improve the treatment and dewatering process as well as upgrade various tanks and equipment at this facility. After Duke Energy relocates its electrical facilities, the City will survey the installed electrical improvements and provide Duke Energy a descriptive legal description as a finalized Exhibit “A” to the distribution easement. Once finalized, the distribution easement will be recorded in public records. Page 1 City of Clearwater Printed on 11/10/2021 Prepared By: Manny R. Vilaret, Esquire Return To: Duke Energy Vilaret Law, PLLC Attn: Land Services 10901 Danka Circle, Suite C 2401 25th Street North, SP-15 St. Petersburg, Florida 33716 St. Petersburg, Florida 33713 SEC: 21 TWP:28S RGE: 16E COUNTY: PINELLAS PROJECT: 41464317 GRANTOR: CITY OF CLEARWATER ADDRESS: PO BOX 4748, Clearwater, FL. 33758-4748 SITE ADDRESS: 3200 STATE ROAD 580., CLEARWATER TAX PARCEL NUMBER: A Portion of 21-28-16-00000-310-0000 DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lessees and assigns (“GRANTOR”), in consideration of the mutual benefits, covenants and conditions herein contained, does hereby grant and convey to DUKE ENERGY FLORIDA, LLC, d/b/a DUKE ENERGY, a Florida Limited Liability Company, Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors and assigns, (“GRANTEE”), an easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and, said facilities being located in the following described “Easement Area” within GRANTOR’S premises in Pinellas County, to wit: A 10.00 foot wide Easement Area lying 5.00 feet on each side of GRANTEE's facilities, as built and installed at a mutually agreeable location over, under, upon, across, through and within the following described property to accommodate present and future development: West 1/2 of the Southeast 1/4 of Section 21, Township 28 South, Range 16 East, Less the rights of way. A Portion of Tax Parcel ID: 21-28-16-00000-310-0000 This easement will be replaced with a Descriptive Easement, 5.00 feet on either side of all facilities installed by GRANTEE, as will be shown on a certified surveyed sketch and legal description to be provided by GRANTOR within ninety (90) days after the installation of facilities by GRANTEE. If the certified sketch and legal description are not provided by GRANTOR within ninety (90) days after completion of installation, GRANTEE will record this easement. The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs, alteration, replacement, relocation or removal as a result of GRANTEE’s safe and efficient installation, operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to request that GRANTOR trim or remove any trees or vegetation adjacent to, but outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities; (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE’s safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for the purposes described above. The rights and easement herein granted are non-exclusive as to entities not engaged in the provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights granted to GRANTEE herein. GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed so as to allow ready access to GRANTEE’s facilities and provide a working space of not less than ten (10) feet on the opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted transformer. If GRANTOR’s future orderly development of the premises is in physical conflict with GRANTEE’s facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in GRANTOR’s premises, provided that (a) GRANTOR shall reimburse GRANTEE the full actual cost of the relocation, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocation. If this easement is being granted to provide electric service to GRANTOR, then this legal description was provided by GRANTOR. In the event facilities are located outside of this legal description, GRANTOR shall pay for any relocation costs necessary or shall amend this legal description to cover the actual facilities. Should this easement be granted to provide electric service to a third party, GRANTEE shall provide the legal description and GRANTOR shall not have any liability related to errors in the legal description. GRANTOR covenants not to interfere with GRANTEE’s facilities within the Easement Area in GRANTOR’s premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28 and hold GRANTEE harmless from damages and injuries, whether to persons or property, arising directly from the negligent act related to GRANTEE’s facilities by GRANTOR or by GRANTOR’ s agents or employees. Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be construed as consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or as a waiver of sovereign immunity. GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or damages incurred by GRANTOR arising directly from GRANTEE’s negligence or failure to exercise reasonable care in the construction, reconstruction, operation, use or maintenance of GRANTEE's facilities located on the above described easement. GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this _____ day of ___________________________, 2021. GRANTOR: Countersigned: _________________________________ By: _______________________________ Frank Hibbard, Mayor Micah Maxwell, Interim City Manager Approved as to form: Attest: ____________________________ ____________________________ Laura Mahony Rosemarie Call, City Clerk Assistant City Attorney STATE OF __________________________________ COUNTY OF ________________________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this ______ day _____________, 2021, by Frank Hibbard and Micah Maxwell, the Mayor and Interim City Manager, respectively, of the City of Clearwater, Florida, on behalf of the City who is personally known to me or who has produced ___________________________________________ as identification. [Notary Seal] _______________________________________ Notary Public _______________________________________ Name typed, printed or stamped My Commission Expires: __________________ DrEagleTrailM E A D O W AVETreeD R Timberline Estates Meadow Oak S FallsrockWIN E Bay Meadow Ct CASCADE Kenil Stockwood Dr adow THERA HECt TalonEagleCirWDR D R ShadyM E A D O WSN H IL L W o o d F o x L A N D O V E R Green OakMeadowLANDMARKHaverford DEERBRANRUNNPINECtD Y MAY WoodviewIRFA M eGlenHollow DrRD DEERFORESTBriarbluffQUAIL HAVERHILL tree Cir Heatherwood CottonwoodPeachCt North DrWestCtLuce Dr WLuce Dr S DRDR WILD W O O D WOODMEREDR ASHWOODWoodhavenLuce Dr N VIEW L O N G VIEWCEDAR CapwoodRockledgeD RHOLLOW WQUAILPinewoodRUN DR HOLLOWRD EPeachtree Cir ECIR Mill StreamKnollwoodCR-611TRAIL S Est EagleCir C ir EALLENMeadow Oak Dr EAmbleglen EASTLANDWaxwoodOxbow DR D R Dr BURNTFORK DRCT DR wick Dr N SBLVDSTC H A RLES ALLENDANIEL AVESR-580Compton Oak Dr N WestoverRIGSBYLNCIR H A DLEIG HRollingwood ESTATESEaglesLandingEaglesHILL D R N LANDMARKDRLandingS u n G lo w PlHyde Park HY D ECirWCirEAGLEE N LnWoodsongWINDING WOOD DRwick DrKenil McMULLEN BOOTH RDSR-580 SR-580 LOCATION MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB TM N.T.S.201B 21-28s-16e10/28/2021Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: 10' Wide Distribution EasementNE Water Reclamation Facility3200 State Road 580 Document Path: C:\Users\James.Benwell\City of Clearwater\Engineering Geographic Technology - GIS\Engineering\Location Maps\DukeEasNEWRF_Location.mxd PROJECTSITE ^ Chi Chi Rodriguez Golf Course NE WaterReclamationFacility CPDSUBSTATION AERIAL MAP ²Prepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com JB TM N.T.S.201B 21-28s-16e10/28/2021Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale: 10' Wide Distribution EasementNE Water Reclamation Facility3200 State Road 580 Legend Duke Energy Facilities to be Removed Proposed Duke Energy Facilities Document Path: C:\Users\James.Benwell\City of Clearwater\Engineering Geographic Technology - GIS\Engineering\Location Maps\DukeEasNEWRF.mxd Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9934 Agenda Date: 11/15/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Ratify and confirm authorization to increase Purchase Order No. 20001154 to Erickson Consulting Engineers (ECE) of Sarasota, FL, for Supplemental Work Order 1 for emergency repair design associated with the Clearwater Harbor Marina, in the amount of $122,100.00 for a new design total of $215,600.00 pursuant to RFQ 26-19, Engineer of Record, and authorize the appropriate officials to execute same. (consent) SUMMARY: In July of 2020, Erickson Consulting Engineers, Inc. (ECE), an Engineer of Record (EOR) approved by Council on 06/19/20, provided a work order for “2020 Master Plans for the Clearwater Harbor Marina’s Major Components: Floating Concreate Dock systems and Wave Attenuators”, project 20-0032-EN in the amount of $93,500.00. The purpose of this project was to provide the City with a maintenance master plan for the marina over the next ten years. During this Master Plan process, ECE identified signs of failure on the south end wave attenuators that required a more in-depth evaluation of both surface and subsurface conditions. Further evaluation revealed this section of the marina is in a state of progressive failure and needs emergency repairs and replacement. Based on the complexity of a design to be integrated into the existing marina components, ECE examined the original 2010 construction documents and As-Builts and has developed a 60% design. This effort was performed as part of the 2020 Master Plan work order currently underway. Supplemental Work Order #1, for Emergency Repairs South Basin Wave Attenuators, will take the 60% design to 100% and include permitting, fabrication and construction services. Erickson’s Failure Assessment and Recommendations Report provides 60% probable costs, which are estimated in the 1.3-million-dollar range. All costs will be updated throughout the design and permitting phases. In addition, all repairs and replacement costs will come back to Council for approval. APPROPRIATION CODE AND AMOUNT: 3337333-530100-C1906 $122,100.00 Funds are available in capital improvement project C1906 Clearwater Harbor Marina Replacement & Upgrade. Page 1 City of Clearwater Printed on 11/10/2021 RK ORDER INITIATION FORM 1 of 5 Revised: 10/13/2021 Erickson Consulting Engineers, Inc. WORK ORDER INITIATION FORM SUPPLEMENTAL #1 Date: October 28, 2021 Consultant Project Number: 20-381 City Project Number: 20-0032-EN City Plan Set Number: 2020022 1. PROJECT TITLE: 2020 Master Plan Clearwater Harbor Marina – Emergency Repairs South Basin Wave Attenuators. Engineering Design (100%), Permitting and other Engineer of Record Services. 2. SCOPE OF SERVICES: The following services are required: • ECE will manage subcontractors and develop the final design for the emergency replacement of three wave attenuators that are in a state of progressive failure. • Pre-Construction Site Investigations & Submittals – prior to issuance of final construction documents additional examination of utilities and related easements are required to document existing conditions. • Engineer will assist the City in the development and facilitation of a work order to a CM at Risk firm for the wave attenuator removal and replacement. Specifically, Engineer’s scope includes: o Prepare scope of work for CM at Risk work order o Coordinate CM at Risk Firm, Suppliers and Contractors (meetings, scoping, etc) to facilitate contract execution o Prepare supplementation conditions to the CM at Risk Contract for marine-based works o Prepare payment terms for the CM at Risk Firm o Review/assess and make recommendations on CM at Risk and Sub-Consultant Insurance requirements for marine-based work o Identify pre-construction submittals requirements and timeline o Prepare project/site specific general specifications to supplement the CM at Risk Contract RK ORDER INITIATION FORM 2 of 5 Revised: 10/13/2021 • Construction Phase: Removal of Existing Damaged Attenuator and Piles and Wave Attenuator (with Piles) Installation – mobilization and execution of works to install the new wave attenuator and piles. o Engineer will assign a senior coastal engineer to serve as the Site Representative for this project to perform a daily site observations and contract administration (assumed an average of 4-6 hours/day) when work is occurring onsite. This daily site observation includes the documentation of construction progress, collection of site photographs, review of production logs prepared by the contractor, respond to contractor questions, and prepare daily observation reports to protect in the event of a claim, track contractor delays, notify City and State regulatory agencies as appropriate in accordance with issued permit authorizations. o The Site Representative shall additionally liaison with the Structural Engineer daily during pile installation, coordinate surveys, provide construction data to the contractor, and maintain detailed field logbooks and construction files (notebooks). These observations and documentation are required to ensure that construction is in compliance with construction plans, contract documents, and permit authorizations granted for the work. The work duration is assumed to be 25 days. o The Structural Engineer (Sub-Consultant) shall provide the following additional services during the construction phase: ▪ Review condition of damaged piles and attenuator after removal and incorporate findings into final pile design for replacement attenuator. ▪ Review condition of adjacent floating docks to determine if repair or replacement is required and render preliminary recommendations. ▪ Conduct site visit(s) to monitor steel pile installation. Provide consultation as required. Further details for each task are presented in the original project work order dated 7/29/2020. 3. PROJECT GOALS: Deliverables will include: • Electronic (PDF) copies of all submittals via email. 4. BUDGET: This price includes all labor and expenses anticipated to be incurred by Erickson Consulting Engineers, Inc. for the completion of these tasks in accordance with Professional Services Method “B” – Lump Sum – Percentage of Completion by Task (Tasks 6 through 9G) for an amended fee not to exceed one hundred and twenty-two thousand, one hundred ($122,100). For a new total project value of two hundred fifteen thousand, six hundred ($215,600). RK ORDER INITIATION FORM 3 of 5 Revised: 10/13/2021 As the regulatory approvals are expected to qualify for an exemption, the scope does not include the remittance of any permit fees by the consultant. If permit application fees are required, they may be paid by the consultant using the contingency allowance. 5. SCHEDULE: The project is to be completed within 200 days from issuance of notice-to-proceed. 6. STAFF ASSIGNMENT (Consultant): Karyn Erickson, MS, PE, DCE – Principal Engineer / Engineer-of-Record Laura Robichaux, PhD –Senior Project Manager Leaf Erickson, PhD, EI – Senior Engineer 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to: Laura Robichaux, Senior Project Manager All City project correspondence shall be directed to: Ed Chesney, PE, Marine and Aviation Director, with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: For work performed, invoices shall be submitted monthly to the: City of Clearwater, Marine & Aviation Department Attn. Aaron Braley, Senior Accountant 25 Causeway Blvd. Clearwater, Florida 33767 Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code 3337333-530100-C1906 9. INVOICING PROCEEDURES At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: A. Purchase Order Number and Contract Amount. B. The time period (begin and end date) covered by the invoice. C. A narrative summary of activities completed in the time period D. Contract billing method is Lump Sum (All Tasks except Task 6) and Cost Times Multiplier (Task 6) E. If Lump Sum, the percent completion, amount due, previous amount earned and total earned to date for all tasks (direct costs, if any, shall be included in lump sum amount). RK ORDER INITIATION FORM 4 of 5 Revised: 10/13/2021 F. If Cost Times Multiplier, hours, hourly rates, names of individuals being billed, amount due, previous amount earned, total earned to date for each task and other direct costs (receipts will be required for any single item with a cost of $50 or greater or cumulative monthly expenses greater than $100). G. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. SPECIAL CONSIDERATIONS: The consultant named above is required to comply with Section 119.0701, Florida Statutes (2013) where applicable. PREPARED BY: APPROVED BY: ________________________ ________________________ Karyn M. Erickson, PE, DCE Edward Chesney, P.E. President Marine & Aviation Director Erickson Consulting Engineers, Inc. City of Clearwater ___________________ ___________________ Date Date Attachment B RK ORDER INITIATION FORM 5 of 5 Revised: 10/13/2021 CLEARWATER HARBOR MARINA Erickson Consulting Engineers, Inc. SUPPLEMENTAL WORK ORDER INITIATION FORM PROJECT BUDGET Task Description Subconsultant Services Labor Total Permitting 6 Permitting $5,000 $5,000 Final Design 7 Final Design & Contract Documents $16,000 $22,000 $38,000 7A Pre-Construction Investigations $7,200 $7,200 Construction Contracting 8 Construction Contracting $12,000 $12,000 Construction 9 Engineer of Record Services in the Construction Phase $3,300 $16,000 $19,300 9A Review Pre-Construction Submittals and Drawings $800 $5,000 $5,800 9B Respond to Contractor Questions & Requests for Information (RFIs) $6,000 $6,000 9C Contractor/City Change Orders & Time Extensions $2,100 $2,100 9D Observe/Approve Critical Work Components $6,000 $6,000 9E Progress Meetings with the City’s Site Representative and Contractor (6) $3,600 $3,600 9F Conduct Substantial Completion Inspection & Generate Punchlist(s) $3,000 $3,000 9G Structural Inspections during Construction $3,000 $3,000 Subtotal, Labor and Subcontractors – $111,000 Contingency 10% $11,100 Grand Total $122,100 Clearwater Harbor Marina Wave Attenuators Page 1 Emergency Assessment & Recommendations CLEARWATER HARBOR MARINA WAVE ATTENUATORS FAILURE ASSESSMENT & RECOMMENDATIONS Prepared by Erickson Consulting Engineers October 2021 1 ASSESSMENT OF EXISTING CONDITIONS Throughout the marina, there are signs of wear and tear including cracked concrete and rusting bolts attaching pile guides and at finger dock connections. The chipped concrete occurs both above and below the waterline, and there is significant biofouling along all infrastructure below the waterline obscuring the conditions of the concrete attenuators. Attachment B provides the photos of damage. During routine cleaning in March 2021, two pile guides were identified as failing at the south end of Dock A, South Basin, A-WA-2. The external pile guides on attenuators have been replaced several times since the installation of the marina system indicating a weak point in the previous design. The failure of the pile guides and damage to the base of the attenuators requires emergency replacement of (at minimum) A-WA-1, A-WA-2, and A- WA-3. By April 2021, this pile guide had failed completely, been removed, and was replaced with a chain connecting the attenuator to the pile. This places the attenuator in an extremely vulnerable position if a storm occurs. The southernmost wave attenuators (A-WA-1 to A-WA-3) are in a state of progressive failure. Dock A-WA-1 is listing indicating that its buoyancy is compromised, and the pile guides at A-WA-2 show evidence of failure. If a large wave event occurs, the attenuator would likely become un-moored and damage assets and infrastructure within the marina. From an underwater inspection of A-WA-1 to A-AWA-14 and E-WA-1 to E-WA-16, spawling was found along the bottom indicating minor damage to the attenuators. While not at risk of immediate failure, these attenuators will require replacement within the next 4-5 years dependent on storm events. 2 Summary of Damage and Emergency Actions Wave attenuator A-WA-1 is presently failing in two modes: the pile guide which has failed where the attenuator is now attached with a chain to a pile; and the attenuator’s Clearwater Harbor Marina Wave Attenuators Page 2 Emergency Assessment & Recommendations buoyancy has been compromised by water intake resulting in a significant list. As a result, the buoyancy and pile connections have been compromised, and thus the attenuator cannot be salvaged. Attenuators A-WA-2 and A-WA-3 have severely damaged pile guides and spawling. These two attenuators do not appear to have compromised buoyancy. Replacement of pile guides and addition of piles has been assessed as an option. Experts do not recommend retrofitting old systems with new pile guides because, while it may provide a short term solution, the additional bolts and the drilling into the attenuator to allow for additional piles compromises the buoyancy of the attenuator. Further, additional bolts or replacement pile guides have not been shown to provide an efficient solution for refurbishment or rehabilitation of a marina, additional piles to secure the dock system are not viable solutions for the short or mid/interim term. Additional piles and replacement pile guides are expensive and would be a short term “sacrificial” solution to buy time and are not a permanent solution. We recommend that the process to replace attenuators A-WA-1 to A-WA-3 be initiated immediately. Further, the fastening at A-WA-14 should be repaired as soon as possible to prevent additional failures and monitored daily. The pile guide at A-WA-1 should be replaced as soon as possible to prevent additional failures and damage should it break loose from the remaining pile supports. The replacement of A-WA-12 to A-AWA-14 and E-WA-1 to E-WA-3 is to be evaluated in parallel to the replacement of A-WA-1 to A-WA-4 to evaluate potential cost savings for a single construction event. Replacement of A-WA-1 to A-WA-3 may be completed without removing the adjacent attenuator as only one connection to the existing system (at A-WA-4) is required. If other attenuators, including those with finger piers attached, require immediate replacement, the fastenings between the two systems become more complex. ECE is completing the marina reconnaissance, document and measure all damage above the waterline. Underwater inspections of A-WA-5 to A-WA-11 and A-WA-15 as well as E- WA-4-15 are identified as necessary to assess potential defects so that the outer attenuators may be assessed in full. Evaluation of risks and remediation options to finger pier connections will be further evaluated, the need for detailed inspections of the connection between the piers and the attenuators will be assessed and as appropriate will be recommended. Clearwater Harbor Marina Wave Attenuators Page 3 Emergency Assessment & Recommendations 2.1.1 Attenuator Failure An assessment of the probable mode(s) of failure of the north dock-wave attenuator system was conducted following damage during Hurricane Irma to recommend changes and improvements to the dock-wave attenuator and the pile design, orientation and overall configuration of the key structural elements of the system. The horizontal drag force due to waves hitting the sides of the wave attenuator and the vertical lift force due to the waves lifting the wave attenuator are the two major forces that the anchor pile(s) system needs to withstand to stabilize and moor the wave attenuator. In all design conditions, the piles and attenuator structures are customarily designed to withstand significantly higher wave conditions, with the knowledge that the stronger and longer period waves will transport energy through the attenuator system breaking over the attenuator before entering the basin. The operating “design” wave conditions given by the manufacturer customarily present full wave attenuation to 0.5 ft or less for the type “beam” seas that the Marina’s slips are exposed, therefore, waves with higher energy that exceed the basis of design, will penetrate the basin’s attenuator and enter as an attenuated wave within the basin. More specifically, above the established significant wave height, waves overtop the breakwater/attenuator and there is a loss of performance (i.e. attenuation). Wave periods exceeding the established wave periods will allow significant wave energy to pass underneath the attenuator, reducing its effectiveness. It is our professional opinion that the primary factors that led to the failure of the mooring system was the pile design collar locations outside mounting and location (on the single side for attenuators versus for finger docks within a protected area) and persistent high- frequency south to southwest wind generated waves. Design documents and the design basis by WES and TTI state that a minimum embedment depth of approximately 30 ft is required. The embedment depths for the 4 piles carrying the vertical and horizontal loads from the attenuators were significantly reduced in the construction phase of the Project in 2008. Based on these logs, there was less than 12 to 15 ft embedment based on the pile driving log records, which may also prove to be a factor at this site. It is recommended that the design basis for the replacement project assume a minimum scour depth of 3 ft in the design development of the anchor piles. The recommended wave attenuator “basis of design” is based on the need for the attenuators to withstand and perform during high frequency storms impacting this site, and also the potential of a moderate hurricane of CAT 1-2 affecting this site, an event of increasing likelihood. The criteria recommended are as follows: Clearwater Harbor Marina Wave Attenuators Page 4 Emergency Assessment & Recommendations 1. Damage is minimal as a result of a CAT 1 to 2 Hurricane Storm (5.5+ ft significant wave heights and 4.7+ seconds wave periods) and a maximum sustained wind duration of 12-18 hours; 2. Design Wave Attenuation to 0.5 ft within the interior basin from impacts of a 4.2 ft significant wave heights and 4 second wave periods and 3. Piles reaching sufficient embedment in the bay bottom to stabilize the attenuators during periods of high wave loads, constructed of 24 inch round steel anchor piles, and require internal pile placement jackets. Above the design wave conditions described above, where wave heights exceed 4.2 ft, wave overtopping will occur with a loss of performance in wave attenuation within the basin and wave periods exceeding 4 seconds which will allow significant wave energy to pass underneath the attenuator, reducing its effectiveness. However, the wave attenuating system must be designed to survive intact during wave heights of 5 ft and characterized by 4 second periods. The anchor piles will be the weak-point and therefore, must be designed for extreme loads resulting from these conditions. Table 3-1 provides wave attenuation levels based on significant wave height(s) for one of the available systems. 3 Evaluation of Marina Attenuator Suppliers Three (3) wave attenuator systems were reviewed to identify potential replacement systems for Clearwater Harbor Marina’s wave attenuators and docks. In reviewing the current systems available, similar marinas with high wind wave exposure and tested attenuator systems with documented high wave and storm exposure were assessed with systems by SF Marine, MarineTek and Marina Technologies. Compared to the existing marina infrastructure, significant improvements to the design of these types of floating dock systems has been made in recent years, increasing their resiliency to episodic seasonal storms and reducing annual maintenance/operations (utility upgrades, piles, etc). Costs of future maintenance and storm related damage from similar low to moderate frequency (15 to 30 Yr return period) storms would be reduced with improved design/material changes to the existing floating wave attenuator/dock system. Design considerations will include not only survivability during a 50yr event but also durability and performance during more frequent wave events (e.g. weekly, annual and 10yr) per American Society of Civil Engineer guidelines. Key points of failure of the existing marina system including piles, pile connections, fenders and connections Clearwater Harbor Marina Wave Attenuators Page 5 Emergency Assessment & Recommendations between attenuators and docks will be considered during the evaluation of replacement components. Because the Marina upgrade will be phased, the proposed system must have means to connect to the existing system. Alternative 1 – MarineTek The general specifications and design features of this attenuator are given in Figure 3-1 and Figure 3-2. MarineTek attenuators were used in the post-Irma replacements in the north portion of the marina. While the system is proven, MarineTek has filed for bankruptcy and is not recommended given their solvency. Figure 3-1. MarineTek Type 4300BRK Floating Breakwater Isometric View Figure 3-2. MarineTek Floating Breakwater (Clearwater Harbor Marina, Clearwater FL) Clearwater Harbor Marina Wave Attenuators Page 6 Emergency Assessment & Recommendations Alternative 2 – Marina Technologies The general specifications and design are shown and listed in Figure 3-4 and Figure 3-5 below and include:  Concrete floating breakwaters (13 ft wide, 6’1.5” ft deep)  Four (4) 24” to 28” steel anchor piles  Design life of 30+ years  Maintenance requirements depend on connector selection – cable connectors need more maintenance if moored with chain or seaflex anchors. Pile guides or cable anchors require less maintenance.  Concrete structure can be coated with a penetrating sealer every few years to reduce biofouling.  Typically uses composite rub rail rather than fender systems. Lead Time: 3-5 months Advantages: (1) One-piece design incorporates deck, dock structure, floatation, and keels (breakwater series) which simplifies this system, eliminates sub-system hardware, and provides continuous floatation for maximum buoyancy and stability (2) Keel design of floating breakwater provides superior wave attenuating performance and low center of gravity. (3) Semi-Flexible rubber-bolt dock connection allows dock system to move as required in heavy wave conditions and provides a simple, strong and low- maintenance connection (4) Connection system will not cause structural failure of the float module when over- stressed. The connecting bolt is designed as the “weak-link” (5) Top-access utility channels allow complete access to utilities, simplifying installation and maintenance (6) No walers and thru-rods with nuts and washers - improves system strength and eliminates system maintenance. (7) Marina Technologies is headquartered and manufactures its systems in the Tampa area thus contributing to the local economy and being readily available for maintenance and monitoring. Table 3-1: Incoming vs Attenuated Wave with Marina Technologies Systems MODEL 12' WIDE ATTENUATOR 13' WIDE BREAKWATER 16' WIDE BREAKWATER Incoming Wave ATTEN % RESULTANT WAVE HT ATTEN % RESULTANT WAVE HT ATTEN % RESULTANT WAVE HT 2 FT WAVE 78% 0.4' 88% 0.2' 89% 0.2' 3 FT WAVE 71% 0.9' 82% 0.5' 87% 0.4' 4 FT WAVE 67% 1.3' 77% 0.9' 84% 0.6' 5 FT WAVE 60% 2.0' 70% 1.5' 81% 1.0' 6 FT WAVE 50% 3.0' 65% 2.1' 75% 1.5' Clearwater Harbor Marina Wave Attenuators Page 7 Emergency Assessment & Recommendations Figure 3-3. Marina Technologies Breakwater (Harborage Marina, St. Petersburg FL) Figure 3-4. Marina Technologies Breakwater Isometric View Alternative 3 – SF Marina The general specifications and design are shown and listed in Figure 3-4 and Figure 3-5 below and include:  SF Type 400-15m floating breakwaters (13.12 ft wide, 6 ft deep)  Four (4) 24” to 28” steel anchor piles Clearwater Harbor Marina Wave Attenuators Page 8 Emergency Assessment & Recommendations  Can anchor with chain and bottom anchors, helical anchors with elastic rode mooring systems or piles with internal pile guides with HD energy absorbing cushion blocks (assumes 24” steel pile)  Design life of 30+ years  Maintenance requirements depend on connector selection – cable connectors need more maintenance if moored with chain or seaflex anchors. Pile guides or cable anchors require less maintenance.  Pile guides have wear / cushion blocks, and in the past 14 years, only one pile guide on the SF Marina systems in the US has been replaced.  Concrete structure can be coated with a penetrating sealer every few years to reduce biofouling.  Typically uses a timber or composite rub rail rather than fender systems. Flexible rubber ‘D-fenders’ are recommended in some high energy environments, and some include composite fenders with HDPE plastic fender covers.  3 ton aluminum cleats Lead Time: 5-7 months (early to mid-2022) Advantages: (1) Proven attenuator system for high wave conditions. (2) One-piece design incorporates deck, dock structure, floatation, and keels (breakwater series) which simplifies this system, eliminates sub-system hardware, and provides continuous floatation for maximum buoyancy and stability. (3) Semi-Flexible dock connection allows dock system to move as required in heavy wave conditions and provides a simple, strong and low- maintenance connection. (4) Top-access utility channels allow complete access to utilities, simplifying installation and maintenance. (5) No walers and thru-rods with nuts and washers - improves system strength and eliminates system maintenance. Disadvantages: (1) As of the issuance of this report, the fabrication lead time for the SF system extends into 2022. (2) While there are SF Marina systems in Florida, they are based in Norfolk, Virginia with their headquarters in Europe. Clearwater Harbor Marina Wave Attenuators Page 9 Emergency Assessment & Recommendations Figure 3-4. SF Floating Breakwater Isometric View Figure 3-5. SF Type 400 Floating Breakwater Brewer Marina, Plymouth, MA, 2013 Clearwater Harbor Marina Wave Attenuators Page 10 Emergency Assessment & Recommendations 3.1 Recommendations and Opinion of Probable Construction Costs It is our opinion that the selected wave attenuator system be designed to function during a continuous storm conditions over a duration of a minimum of 12-24 hours for the design conditions established. The wave attenuating system must be designed to survive wave heights of 5-6 ft and characterized by long periods (5-6 seconds). The anchor piles are the potential weak point in the design of these attenuator systems, accordingly the final pile sizing, embedment depths and construction methods for placement will be developed and confirmed during final design in consultation with the structural engineers and geotechnical engineers. Large diameter (24 inch or similar) circular steel piles are optimal for the bay bottom soil and rock conditions that were documented in the geotechnical engineering investigations conducted by WES (2006). As the SF Marine system has a significantly longer lead time (9-12 months compared to 3 months), the engineers estimate of probable construction cost and schedule was based upon the Marina Technologies system which is manufactured locally in St Petersburg. An estimate of the probable construction cost for the Marina Technologies wave attenuator system based on the recommendations described above in Section 4 of this report, are given in Table 5 below. Attenuator prices are based upon June 2021 numbers. Prices of materials have increased between 5-10%. As discussed in greater detail, their wave attenuator system is designed to meet the recommended performance and operational design requirements and the costs given below are based on a recent similar Project contracted in the greater Clearwater-Tampa Bay area. This system can be installed as early as first quarter of 2022 as discussed in the next section. Table 3-2: Engineer’s Opinion of Probable Costs Item No. Description of Item Unit Est. Unit Cost Est. Quan. Estimate 1 General Requirements 1.1 Supervision, management, pre- construction, mobilization, meetings, insurance LS $150,000 1 $ 150,000 2 Demolition and disposal off site of three attenuators and six piles LS $ 86,500 1 $ 86,500 Clearwater Harbor Marina Wave Attenuators Page 11 Emergency Assessment & Recommendations Table 3-3: Engineer’s Opinion of Probable Costs (ctd.) Item No. Description of Item Unit Est. Unit Cost Est. Quan. Estimate 3 Replacement Attenuators 3.1 Supply and Delivery of Attenuators to Boat Ramp Ea $162,500 3 $ 487,500 3.2 Transfer Attenuators and Tow to Site LS $ 53,000 1 $ 53,000 3.2 Supply and Delivery of Piles Ea $ 23,100 6 $ 138,600 3.3 Installation of Piles and Attenuators LS $191,000 1 $ 191,000 3.4 Gangway Supply, Delivery and Installation LS $ 22,500 1 $ 22,500 3.5 Supply, Delivery and Install of Cleats Ea $ 520 12 $ 6,240 3.6 Supply, Delivery and Install of Pile Caps Ea $ 510 6 $ 3,060 3.7 Supply, Delivery and Install of Fender Pile Ea $ 5,600 1 $ 5,600 3.8 Installation of A-WA-4 Pile and Supply, Delivery and Installation of Pile Guide Ea $ 8,000 1 $ 8,000 4 Utilities Allowance 4.1 Plumbing - Water Supply LS $ 7,500 1 $ 7,500 4.2 Fire Suppression LS $ 15,500 1 $ 15,500 4.3 Electrical LS $ 18,750 1 $ 18,750 4.4 Pedestals Ea $ 4,000 2 $ 8,000 Bid-Option 5 Supply, delivery and install of HDPE Sleeves Ea $ 12,537 6 $ 75,222 SUB-TOTAL $ 1,201,750 10% Contingency $ 120,175 TOTAL $ 1,321,925 NOTES: (1) Attenuator (Item 3.1) prices are based upon June 2021 price estimate from Marina Technologies. Prices are fluctuating due to supply chain impacts. (2) All permits will be acquired by Engineer. (3) Owner / Engineer will provide survey lay out and as-builts to meet survey requirements and related work. (4) Cleats and other items to be mechanically pre-set to be fastened to attenuator by manufacturer. No drilling into the attenuators shall occur on site. Clearwater Harbor Marina Wave Attenuators Page 12 Emergency Assessment & Recommendations During the 90% design process, details to be considered include:  Termination of the cable connection in A-WA-4 while maintaining tension and stability of the existing attenuators;  Re-using an existing pile to provide additional stability to A-WA-4 and retrofitting A-WA-4 with a new pile guide;  Stainless steel rather than galvanized steel pile guides to extend design life;  HDPE sleeves for piles to extend design life;  Locations and materials of cleats and fenders to allow for pre-casting in the concrete attenuators;  Locations of utilities and utility connections to allow for pre-casting in the concrete attenuators. 4 CONSTRUCTION AND CONTRACTING RECOMMENDATIONS There are three primary types of Project Delivery Methods for heavy marine construction works: Design-Bid-Build (DBB), Design-Build (DB) and Construction Manager at Risk (CM @ Risk). The appropriateness of a project delivery method depends upon a number of factors including the nature of the project, availability of resources, costs and schedule on a case-by-case basis with the ultimate goals of achieving the highest quality project for the lowest cost and within the shortest duration. For each project there is a balancing of these goals. The City will decide and weigh these factors, as a result of budgetary and time constraints and the design/performance requirements for the delivered Project, and as a result may be willing to wait a longer period of time to achieve that budget or as in the case of the failed wave attenuator, the City may decide that the risks and dis-benefits outweigh the potential benefit of waiting to achieve a lower project cost. Balancing these factors, and the City will determine the best project delivery method. Specific to the Clearwater Harbor Marina Wave Attenuator Replacement Project, the project delivery goals are identified as: 1. Shortest schedule consistent with quality and performance requirements. 2. Lowest cost consistent with 1 above. 3. Retain Owner control over design decisions. 4. Retain Owner control over the construction quality. 5. Limit the risk of change orders for additional costs. Clearwater Harbor Marina Wave Attenuators Page 13 Emergency Assessment & Recommendations 6. Promotes innovation and value engineering. 7. Limit potential conflicts of interest. 8. Limit the number of contractual entities/points of responsibility. The project schedule for the three project delivery types are estimated in Table 4-1. When assessed against the primary goal to achieve the shortest schedule consistent with quality and performance requirements; the impracticality of bidding through the traditional procurement process in consideration of time constraints and cost is evident. As such, alternatives which require bidding are eliminated as they will not allow the project to be completed this year. With the direct source alternatives, the CM at Risk method is projected to allow completion of the work approximately 90 days sooner than the design- bid alternative due to the final design and basis of design commencing and in progress simultaneously with contracting. Importantly, the COVID-19 Pandemic has resulted in global supply chain delays and fluctuations in pricing of materials. Two key components of the system – steel reinforcing for the attenuator construction and steel piles – are subject to delays of up to 3-5 months and should be ordered in advance. In a CM at Risk delivery method, the appointed contractor would place a purchase order immediately for the required materials to begin the procurement process. The Engineering team can work with the contractor proactively to identify potential changes to materials (e.g. pile diameter and thickness) that would meet the design requirements but may be more readily available due to production runs at manufacturing plants. HDPE is also difficult to obtain and subject to high markups at the moment so pile sleeves should be ordered in advance. Table 4-1. Anticipated Project Schedules for Various Project Delivery Methods Project Delivery Method Final Engineering (30+ Days) Contracting (Variable) Material Lead Times1 (3 Months) Installation (1 Month) Design-Bid-Build Oct-Nov 2021 Nov-21 to Jan-22 March-June 22 July-Aug 2022 CM @ Risk2 Oct-Nov 2021 Oct-Nov 2021 Jan-Mar 2022 Jan-Mar 2022 1. Based on Marina Technologies Product produced in St Petersburg. 2. Project is contracted by direct source to a qualified firm. A direct source CM at Risk contract is recommended to most expediently replace the failed north attenuator this year to effectively achieve the project goals in the shortest duration without sacrificing quality and performance requirements. In direct sourcing a CM at Risk Clearwater Harbor Marina Wave Attenuators Page 14 Emergency Assessment & Recommendations contract, a key factor in project success is contractor qualification and selection. The following qualifications were developed for the CM at Risk firm. 1. Local (within 60-90 miles of Clearwater) 2. Prior experience with Floating Breakwater Installations 3. Satisfactory performance on a minimum of five (5) similar projects with at least two (2) of those projects having been completed in the last two (2) years. 4. At least one similar project having a total construction value exceeding $5.0M 5. Commitment to start installation as soon as materials are available and complete within 60 days. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9947 Agenda Date: 11/15/2021 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve the 2022 City Council Meeting Schedule. SUMMARY: Generally, City Council meetings are at 6:00 p.m. on the first and third Thursday of each month. The accompanying work sessions are at 9:00 a.m. on the preceding Monday, unless the Monday is a holiday, in which case the work session is on Tuesday. Per Council Rules, no meetings are held the first Thursday in January and July and the third Thursday in December. Please note the following exceptions: ·The January 17 work session has been moved to Tuesday, January 18 at 9:00 a.m. due to Martin Luther King, Jr. Day. ·The May 30 work session has been moved to Tuesday, May 31at 9:00 a.m. due to Memorial Day. Please note, Passover next year takes place Friday, April 15 through Saturday, April 23, conflicting with the April 18 work session and the April 21 council meeting. Staff seeks direction if Council wishes to reschedule the meetings. Page 1 City of Clearwater Printed on 11/10/2021 2022 Council Schedule Intranet (last rev.01-20-2021) 2022 CITY COUNCIL MEETING SCHEDULE DRAFT WORK SESSION Time CITY COUNCIL MEETING Time Completed Items & attachments due to Agenda Program Items due to City Clerk Tuesday January 18 9:00 a.m. Thursday January 20 6:00 p.m. January 3 January 10 Monday January 31 9:00 a.m. Thursday February 3 6:00 p.m. January 14 January 24 Monday February 14 9:00 a.m. Thursday February 17 6:00 p.m. January 31 February 7 Monday February 28 9:00 a.m. Thursday March 3 6:00 p.m. February 14 February 18 Monday March 14 9:00 a.m. Thursday March 17 6:00 p.m. February 28 March 7 Monday April 4 9:00 a.m. Thursday April 7 6:00 p.m. March 21 March 28 Monday April 18 9:00 a.m. Thursday April 21 6:00 p.m. April 4 April 11 Monday May 2 9:00 a.m. Thursday May 5 6:00 p.m. April 18 April 25 Monday May 16 9:00 a.m. Thursday May 19 6:00 p.m. May 2 May 9 Tuesday May 31 9:00 a.m. Thursday June 2 6:00 p.m. May 16 May 23 Monday June 13 9:00 a.m. Thursday June 16 6:00 p.m. May 27 June 6 Monday July 18 9:00 a.m. Thursday July 21 6:00 p.m. July 1 July 11 Monday August 1 9:00 a.m. Thursday August 4 6:00 p.m. July 18 July 25 Monday August 15 9:00 a.m. Thursday August 18 6:00 p.m. August 1 August 8 Monday August 29 9:00 a.m. Thursday September 1 6:00 p.m. August 15 August 22 Monday September 12 9:00 a.m. Thursday September 15 6:00 p.m. August 29 September 2 Monday October 3 9:00 a.m. Thursday October 6 6:00 p.m. September 19 September 26 Monday October 17 9:00 a.m. Thursday October 20 6:00 p.m. October 3 October 10 Monday October 31 9:00 a.m. Thursday November 3 6:00 p.m. October 17 October 24 Monday November 14 9:00 a.m. Thursday November 17 6:00 p.m. October 31 November 7 Monday November 28 9:00 a.m. Thursday December 1 6:00 p.m. November 14 November 21 Monday December 12 9:00 a.m. Thursday December 15 6:00 p.m. November 28 December 5 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9940 Agenda Date: 11/15/2021 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 13.1 SUBJECT/RECOMMENDATION: Oath of Office for City Manager Jon Jennings SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/10/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9889 Agenda Date: 11/15/2021 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 13.2 SUBJECT/RECOMMENDATION: November Service Awards SUMMARY: [Enter background information.] 5 Years of Service Charles Sheldon Engineering/Traffic Christopher Fowler Police Xavier Rodriguez Police Thomas Shepherd Library David Vincent General Services Ernest Franks Public Utilities Elliott Lightfoot Police 10 Years of Service Paul Maser Police Thomas Miller Police Kyle Cresci Gas Karl Haeussel Gas 15 Years of Service Davon Watson Information Technology Joseph Herrar Public Utilities Sidney Ferguson Engineering/Traffic 20 Years of Service Michael Evans Engineering/Stormwater Patricia Pride General Services Suzanne Melton Engineering/Stormwater Daniel Rivera Solid Waste 25 Years of Service Jeffrey Harris Information Technology Page 1 City of Clearwater Printed on 11/10/2021 File Number: ID#21-9889 Page 2 City of Clearwater Printed on 11/10/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9941 Agenda Date: 11/15/2021 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 13.3 SUBJECT/RECOMMENDATION: Airpark Advisory Board Annual Presentation - Kelli O’Donnell, Chair SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/10/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9942 Agenda Date: 11/15/2021 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 13.4 SUBJECT/RECOMMENDATION: Environmental Advisory Board Annual Presentation - Jared Leone, Chair SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/10/2021 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#21-9935 Agenda Date: 11/15/2021 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: City Council Agenda Number: 13.5 SUBJECT/RECOMMENDATION: Parks and Recreation Board Annual Presentation - Bruce Rector, Chair SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 11/10/2021