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05/02/2022Monday, May 2, 2022 9:00 AM City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 Main Library - Council Chambers Council Work Session Work Session Agenda May 2, 2022Council Work Session Work Session Agenda 1. Call to Order 2. City Manager Authorize commencement of the Memorial Causeway Bridge Lighting Project; approve the transfer of $2,500,000 from General Fund Reserves at mid-year to capital project ENGF200003; authorize a Community Aesthetic Feature Agreement between the City of Clearwater and the Florida Department of Transportation (FDOT); authorize the appropriate officials to execute same and adopt Resolution 22-10. 2.1 Provide direction on the potential sale/lease of the former City Hall and Harborview sites and a referendum on November 8, 2022. 2.2 3. Gas System Authorize a purchase order to DevTech Sales, Inc. of Avon Park, FL, to supply natural gas regulators in a not-to-exceed amount of $294,000.00 for term May 1, 2022 through July 31, 2023, pursuant to Invitation to Bid 11-22, and authorize the appropriate officials to execute same. (consent) 3.1 Authorize a purchase order to USIC Holdings, Inc., dba USIC Locating Services, LLC of Cincinnati, OH, for natural gas distribution main and service line locating services, in an annual not-to-exceed amount of $622,000.00 for the initial term of May 1, 2022 through April 30, 2023 with the option of two, one-year renewals, pursuant to Invitation to Bid 08-22, and authorize the appropriate officials to execute same. (consent) 3.2 4. Parks and Recreation Approve a Purchase Order to Smith Fence Company, of Clearwater, FL, to provide fencing and related services, in the total not-to-exceed amount of $2,200,000.00 through June 22, 2026, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) 4.1 Approve a Contract for Purchase of Real Property located at 1923 N Betty Lane, Clearwater, FL, in an amount not to exceed $350,000.00; transfer funds from Open Space Impact Fees to Park Land Acquisition (CIP 315-93133) at mid-year, and authorize the appropriate officials to execute same. (consent) 4.2 5. Police Department Page 2 City of Clearwater Printed on 4/27/2022 May 2, 2022Council Work Session Work Session Agenda Approve the Electronic Surveillance Support Team Multi-Agency Voluntary Cooperation Mutual Aid Agreement for law enforcement services between the Florida Department of Law Enforcement (FDLE) and the City of Clearwater, effective upon execution through June 30, 2025, and authorize the appropriate officials to execute same. (consent) 5.1 6. Engineering Approve the request from the owner of property addressed 1180 Starboard Way, Clearwater to vacate the 10-foot-wide platted Utility Easement, located on lots 9 and 10, Block X, Bay Terrace and Bay Terrace Addition, according to the map or plat thereof as recorded in Plat Book 13, Page 22, Public Records of Pinellas County, Florida, and pass Ordinance 9571-22 on first reading. 6.1 Approve an increase for purchase order 21000493 to Central Florida Contractors, Inc. of Seminole, FL, for the 2021 Sidewalks project, increasing the contract by $750,000.00 annually for a new annual not to exceed amount of $1,500,000.00 pursuant to Invitation to Bid (ITB) 20-0026-EN, and authorize the appropriate officials to execute same. (consent) 6.2 Ratify and Confirm Change Order 3 from Biltmore Construction, Inc., for the NORD Underground Refuse System (19-0003-SW) in the amount of $127,590.00 increasing the contract from $669,826.00 to $797,416.00 per Request for Qualifications (RFQ) 24-16 Construction Manager at Risk (CMAR); add 250 calendar days to the contract; and authorize the appropriate officials to execute same. (consent) 6.3 Approve an Interlocal Agreement and a Maintenance Agreement between the City of Clearwater and Pinellas County for the installation of wayfinding signage associated with the City’s Wayfinding project (19-0016-EN) and authorize the appropriate officials to execute same. (consent) 6.4 Approve a Work Order to Engineer of Record (EOR) CHA Consulting, Inc., for the Reclaimed Water Master Plan project (21-0018-UT) in the amount of $433,583.00, per Request for Qualifications (RFQ) 26-19 and authorize the appropriate officials to execute same. (consent) 6.5 Approve a Master Agreement and Work Order from McKim and Creed, Inc., of Clearwater, FL, per Request for Qualifications (RFQ) 01-21, for the SCADA Master Plan project (20-0016-UT) in the amount of $732,715.00; approve Supplemental Work Order 1 to Black and Veatch, Inc. of Tampa, FL, for SCADA Master Plan Project Management Services (20-0016-UT) in the amount of $39,630.00, increasing the work order from $90,950.00 to $130,580.00, and authorize the appropriate officials to execute same. (consent) 6.6 Page 3 City of Clearwater Printed on 4/27/2022 May 2, 2022Council Work Session Work Session Agenda Approve Supplemental One Work Order to Mead and Hunt, Inc. of Tampa, FL, for On-Call Traffic Engineering Technical Support Services, 21-0035-EN, in the amount of $205,000.00, increasing the work order from $95,000 to $300,000, pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Consulting Services (EOR), and authorize the appropriate officials to execute same. (consent) 6.7 7. Planning Approve a Land Use Plan Amendment to change the Future Land Use Map designation from Institutional (I) to Residential Urban (RU) for the property located at 609 Blanche B. Littlejohn Trail and pass Ordinance 9556-22 on first reading. (LUP2022-02002) 7.1 Approve a Zoning Atlas Amendment from the Institutional (I) District to the Low Medium Density Residential (LMDR) District for property located at 609 Blanche B. Littlejohn Trail and pass Ordinance 9557-22 on first reading. (REZ2022-02002) 7.2 Approve the annexation, initial Future Land Use Map designation of US 19-Neighborhood Center (US 19-NC) and initial Zoning Atlas designation of US 19 for two unaddressed parcels along US Highway 19 North, and pass Ordinances 9561-22, 9562-22, and 9563-22 on first reading. (ANX2021-12020) 7.3 8. Marine & Aviation Approve the Amendment of Commercial Slip License Agreement for the Clearwater Marine Aquarium, Inc. (CMA) Island Estates (IE) Slips and authorize the appropriate officials to execute same. (consent) 8.1 9. Public Utilities Authorize a purchase order to Xylem, Inc. of Apopka, FL, for the purchase of Flygt Pumps, replacement parts, and factory authorized service, in an annual not-to-exceed amount of $500,000.00 for the period of June 1, 2022 through May 31, 2023 with the option of two, one-year renewals pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), Non-competitive purchases (impractical), and authorize the appropriate officials to execute same. (consent) 9.1 10. Official Records and Legislative Services Reappoint Jerri Menaul to the Public Art and Design Board, as the active professional artist representative, with a term to expire April 7, 2026. (consent) 10.1 Page 4 City of Clearwater Printed on 4/27/2022 May 2, 2022Council Work Session Work Session Agenda Reappoint Jason Hood and Patrick Raftery to the Parks and Recreation Advisory Board with terms to expire May 31, 2026. (consent) 10.2 Appoint two members to the Parks and Recreation Advisory Board, one to fill an unexpired term through July 31, 2024 and one to fill a term through May 31, 2026. 10.3 11. Legal Adopt Ordinance 9549-22 on second reading, annexing certain real property whose post office address is 3065 Cleveland St., Clearwater, Florida 33759 into the corporate boundaries of the city and redefining the boundary lines of the city to include said addition. 11.1 Adopt Ordinance 9550-22 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 3065 Cleveland St., Clearwater, Florida 33759, upon annexation into the City of Clearwater as Residential Urban (RU). 11.2 Adopt Ordinance 9551-22 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3065 Cleveland St., Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 11.3 Adopt Ordinance 9560-22 on second reading, amending Section 2.527, Code of Ordinances, to increase the amount of settlement authority for claims. 11.4 12. City Manager Verbal Reports 13. City Attorney Verbal Reports 14. Council Discussion Item Fleet Operations - Councilmember Beckman14.1 Artificial Turf - Mayor Hibbard14.2 Annual Measurable Goals for the City Manager and City Attorney - Vice Mayor Beckman 14.3 15. New Business (items not on the agenda may be brought up asking they be scheduled for subsequent meetings or work sessions in accordance with Rule 1, Paragraph 2). Page 5 City of Clearwater Printed on 4/27/2022 May 2, 2022Council Work Session Work Session Agenda 16. Closing Comments by Mayor 17. Adjourn 18. Presentation(s) for Council Meeting StormReady Community Presentation - Daniel Noah, National Weather Service in Ruskin; Derek Smith, Emergency Management Specialist - Clearwater Fire Dept.; Jevon Graham - Fire Division Chief - Clearwater Fire Dept. 18.1 Economic Development Week Proclamation - May 9, 2022 through May 13, 2022 - Denise Sanderson, Economic Development and Housing Director 18.2 Page 6 City of Clearwater Printed on 4/27/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0351 Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 2.1 SUBJECT/RECOMMENDATION: Authorize commencement of the Memorial Causeway Bridge Lighting Project; approve the transfer of $2,500,000 from General Fund Reserves at mid-year to capital project ENGF200003; authorize a Community Aesthetic Feature Agreement between the City of Clearwater and the Florida Department of Transportation (FDOT); authorize the appropriate officials to execute same and adopt Resolution 22-10. SUMMARY: Following council approval in December 2019, staff contracted with consultants H.W. Lochner to design and engineer aesthetic lighting for the Memorial Causeway Bridge. This lighting will complement and enhance the unique architecture of the bridge, with display colors, timing and duration controlled from the new amphitheater by city staff. At the February 18, 2021 city council meeting, the Council elected to postpone authorization of commencement for this project as costs associated with Imagine Clearwater had not been finalized. Support was expressed to construct the underground mechanics and conduit infrastructure necessary to implement the lighting project at a future date. Adoption of Resolution 22-10 will authorize the execution of a Community Aesthetic Feature Agreement between the City and FDOT and represents the final stage of the permitting process. A total of $166,656 in design costs has been spent and encumbered to-date with Imagine Clearwater project funding. Additionally, a restoration and removal deposit of $84,488.40 is required by FDOT. Inclusive of the updated engineer’s estimate and with contingency, a total of $2,500,000 of General Fund reserves is requested to complete the Memorial Causeway Bridge Lighting Project. The agreement is for a 20-year period and may only be renewed by mutual consent of both parties. FDOT may terminate this agreement upon a 30-day notice to the City. With an approved budget allocation, staff will coordinate with Skanska to advertise for construction bids and generate a Guaranteed Maximum Price for this project. APPROPRIATION CODE AND AMOUNT: Page 1 City of Clearwater Printed on 4/27/2022 File Number: ID#22-0351 A mid-year budget amendment will transfer an allocation of $2,500,000 of General Fund Reserves to capital project, ENGF200003, Memorial Causeway Bridge Lighting, to fund this project. USE OF RESERVE FUNDS: Funding for this agreement will be provided by a mid-year budget amendment allocating General Fund reserves in the amount of $2,500,000 to capital improvement project ENGF200003, Memorial Causeway Bridge Lighting. Inclusive of this item if approved, a net total of $13,666,980 of General Fund reserves has been appropriated by Council to fund expenditures in the 2021/22 operating budget. The remaining balance in General Fund reserves after the minimum required 8.5% reserve is approximately $40.1 million, or 24.3% of the current General Fund operating budget. Page 2 City of Clearwater Printed on 4/27/2022 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMMUNITY AESTHETIC FEATURE AGREEMENT 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 1 of 12 FORM # OFFICE DATE Page 1 of 12 State Road/Local Road SR 60 Section No. 15045000 CAFA No. This Community Aesthetic Feature Agreement (“Agreement”) is entered into this 5th day of May 2022 , between the State of Florida, Department of Transportation (“Department”) and City of Clearwater (“Agency”). The Department and the Agency are sometimes referred to in this Agreement as a “Party” and collectively as the “Parties.” RECITALS A. The Agency has requested permission from the Department to install a [CHOOSE ONE: Public Art, Local Identification Marker] community aesthetic feature on that certain right-of-way owned by the Department which is located on State Road/Local Road SR 60/MEMORIAL CAUSEWAY BRIDGE at MP0.167 - 0.606 in PINELLAS County, Florida (“Project”). B. The Department agrees that transportation facilities enhanced by community aesthetic features can benefit the public, result in positive economic development, and increase tourism both locally and throughout Florida. C. The Parties agree to the installation and maintenance of the Project, subject to the terms and conditions in this Agreement. AGREEMENT 1. TERM. The term of this Agreement shall commence upon full execution of this Agreement (“Effective Date”) and continue through May 5, 2042 , which is determined as the lifespan of the Project, unless terminated at an earlier date as provided in this Agreement. If the Agency does not complete the installation of the Project within May 5, 2024 (731) days of the Effective Date of this Agreement, the Department may immediately terminate this Agreement. This Agreement may only be renewed for a term no longer than the original term of this Agreement upon a writing executed by both Parties to this Agreement. 2. PROJECT DESCRIPTION. The Project is a [CHOOSE ONE: Public Art, Local Identification Marker], as more fully described in the plans in Exhibit “A”, attached and incorporated in this Agreement. 3. FUNDING OF THE PROJECT. The Agency has agreed by resolution to approve the Project and to fund all costs for the design, installation, and maintenance of the Project, and such resolution is attached and incorporated in this Agreement as Exhibit “D”. The Department shall not be responsible for any costs associated with the Project. All improvements funded, constructed, and installed by the Agency shall remain the Agency’s property. However, this permissive use of the Department’s right-of-way where the Project is located does not vest any property right, title, or interest in or to the Agency for the Department’s right-of-way. 4. DESIGN AND CONSTRUCTION STANDARDS AND REQUIRED APPROVALS. a. The Agency is responsible for the design, construction, and maintenance of the Project in accordance with all applicable federal, state and local statutes, rules and regulations, including the Department standards and specifications. A professional engineer, registered in Florida, shall provide the certification that all design and construction for the Project meets the minimum construction standards established by the Department and applicable Florida Building Code construction standards. The Agency shall submit all plans or related construction documents, cost estimates, project schedule, and applicable third party agreements to the Department for review and approval prior to installation of the Project. The Agency is responsible for the preparation of all design plans for the Project, suitable for reproduction on 11 inch by 17 inch sheets, together with a complete set of specifications covering all construction requirements for the Project. A copy of the design plans shall be provided to the Department’s District Design Engineer, located at c/o Chris Gregory 5211 Ulmerton Road, MS 7-1210, Clearwater, FL 33760 . The Department will review the plans for conformance to the Department’s requirements and feasibility. The Department review shall not be considered an adoption of the plans nor a substitution for the engineer’s responsibility for the plans. By review of the plans, the Department signifies only that such 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 2 of 12 plans and improvements satisfies the Department’s requirements, and the Department expressly disclaims all other representations and warranties in connection with the plans, including, but not limited to the integrity, suitability, or fitness for the intended purpose or whether the improvements are constructed in accordance with the plans. The Department’s review of the plans does not relieve the Agency, its consultants or contractors of any professional or other liability for the plans. All changes required by the Department shall be made by the Agency and final corrected plans shall be provided to the Department within thirty (30) days. b. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. Section 337.403, Florida Statutes, shall determine whether the utility bears the costs of utility work. The Agency shall bear the costs of utility work not required to be borne by the utility by Section 337.403, Florida Statutes. c. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic (“MOT”) throughout the course of the Project in accordance with the latest edition of FDOT Standard Specifications, Section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of FDOT Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from FDOT Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. d. The Agency is responsible for obtaining all permits that may be required by any federal, state, or local agency. e. Prior to commencing the Project, the Agency shall request a Notice to Proceed from the Department’s Construction Project Manager, Brian Pickard , at (727) 725-7950 or from an appointed designee. f. The Agency is authorized, subject to the conditions in this Agreement, to enter Department’s right-of-way to install the Project (see attached Exhibit “B” Special Provisions). The Parties agree that this Agreement creates a permissive use only. Neither the granting of permission to use Department’s right-of-way nor the placing of facilities upon Department’s right-of-way shall operate to create or vest any property right in or to the Agency. The Agency shall not acquire any right, title, interest, or estate in the Department’s right-of-way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency’s use, occupancy or possession of the Department’s right-of-way. g. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction and throughout the maintenance term of the Project. If the Department determines that a condition exists which threatens the public’s safety, the Department may, at its discretion, cause the Project to cease and/or immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. Should the Agency fail to remove the safety hazard within thirty (30) days, the Department may remove the safety hazard at the Agency’s sole cost, expense, and effort. h. The Agency shall be responsible to ensure that construction of the Project is performed in accordance with the approved construction documents, and that it will meet all applicable federal, state, and local standards and that the work is performed in accord with the Terms and Conditions contained in Exhibit “C”. i. The Agency shall notify the Department a minimum of forty eight (48) hours before beginning the Project within the Department’s right-of-way. The Agency shall notify the Department should installation be suspended for more than five (5) working days. j. Upon completion of the Project, the Agency shall notify the Department in writing of the completion of the installation of the Project. For all design work that originally required certification by a Professional Engineer, the notification shall contain a Responsible Professional’s Certification of Compliance, signed 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 3 of 12 and sealed by the responsible professional for the project, the form of which is attached to this Agreement as Exhibit “E”. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. The Agency and its contractors shall remove their presence, including, but not limited to, all of the Agency or its contractor’s/ subcontractor’s/ consultant’s/ subconsultant’s property, machinery, and equipment from the Department’s right-of-way and shall restore those portions of the Department’s right-of-way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project, at Agency’s sole cost and expense. k. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department’s written notice to complete the Project and provide the Department with written notice of the same (“Notice of Completion”). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department may: 1) provide the Agency with written authorization granting additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency’s sole cost and expense, without Department liability to the Agency for any resulting loss or damage to property, including but not limited to machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice. l. Upon completion of the Project, the Agency shall be responsible for the perpetual maintenance of the Project, including all costs. The maintenance schedule shall include initial defect, instantaneous damage and deterioration components. The initial defect maintenance inspection should be conducted, and any required repairs performed during the construction phase. The instantaneous damage maintenance inspection should be conducted sixty (60) to ninety (90) days after placement and is intended to identity short term damage that does not develop over longer time periods. The deterioration maintenance inspection shall be conducted on regular, longer term intervals and is intended to identify defects and damages that occur by naturally occurring chemical, physical or biological actions, repeated actions such as those causing fatigues, normal or severe environmental influences, abuse or damage due to other causes. Deterioration maintenance shall include, but is not limited to, the following services: Cleaning and replacement of damaged or deteriorating materials. m. The Agency shall, within thirty (30) days after expiration or termination of this Agreement, remove the Project and restore the right-of-way to its original condition prior to the Project. The Agency shall secure its obligation to remove the Project and restore the right-of-way by providing a removal and restoration deposit, letter of credit, or performance bond in the amount of $ 84,488.40 . The removal and restoration deposit, letter of credit, or bond shall be maintained by the Agency at all times during the term of this Agreement and evidence of the deposit, letter of credit, or bond shall be submitted to the Department on an annual basis. A waiver of the deposit, letter of credit, or bond requirement is permitted with approval from the District Maintenance Engineer for those installations with estimated restoration/removal costs less than or equal to $2000.00. District Maintenance Engineer, Date: . n. The Department reserves its right to cause the Agency to relocate or remove the Project, in the Department’s sole discretion, and at the Agency’s sole cost. 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 4 of 12 5. INDEMNITY AND INSURANCE. a. The Agency agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, and subconsultants, who perform work in connection with this Agreement: "The contractor/ subcontractor/ consultant/ subconsultant shall indemnify, defend, save and hold harmless the State of Florida, Department of Transportation and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor/ subcontractor/ consultant/ subconsultant, its officers, agents or employees." b. The Agency shall carry or cause its contractor/ subcontractor/ consultant/ subconsultant to carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $1,000,000 per person and $5,000,000 each occurrence, and property damage insurance of at least $100,000 each occurrence, for the services to be rendered in accordance with this Agreement. Additionally, the Agency or its contractor/ subcontractor/ consultant/subconsultant shall cause the Department to be an additional insured party on the policy or policies, and shall provide the Department with certificates documenting that the required insurance coverage is in place and effective. In addition to any other forms of insurance or bonds required under the terms of the Agreement, when it includes construction within the limits of a railroad right-of-way, the Agency must provide or cause its contractor to obtain the appropriate rail permits and provide insurance coverage in accordance with Section 7-13 of the Department’s current Standard Specifications for Road and Bridge Construction, as amended. c. The Agency shall also carry or cause its contractor/ subcontractor/ consultant/ subconsultant to carry and keep in force Worker's Compensation insurance as required by the State of Florida under the Worker's Compensation Law. 6. NOTICES. All notices pertaining to this Agreement are in effect upon receipt by either Party, shall be in writing, and shall be transmitted either by personal hand delivery; United States Post Office, return receipt requested; or, overnight express mail delivery. E-mail and facsimile may be used if the notice is also transmitted by one of the preceding forms of delivery. The addresses set forth below for the respective parties shall be the places where notices shall be sent, unless prior written notice of change of address is given. STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION DISTRICT PROGRAM MANAGER Chris Gregory, Pinellas Maintenance Unit Permits Administrator 5211 Ulmerton Road, MS 7-1210, Clearwater, FL 33760 Phone: (727)575-8310 Fax: City of Clearwater COUNTY [OR CITY], FLORIDA Tara Kivett, Engineering Director City of Clearwater Engineering Dept. P.O. Box 4748 Clearwater, FL 33758-4748 Phone: (727) 562-4750 Fax: (727) 562-4755 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 5 of 12 7. TERMINATION OF AGREEMENT. The Department may terminate this Agreement upon no less than thirty (30) days notice in writing delivered by certified mail, return receipt requested, or in person with proof of delivery. The Agency waives any equitable claims or defenses in connection with termination of the Agreement by the Department pursuant to this Paragraph 7. 8. LEGAL REQUIREMENTS. a. This Agreement is executed and entered into in the State of Florida and will be construed, performed, and enforced in all respects in strict conformity with local, state, and federal laws, rules, and regulations. Any and all litigation arising under this Agreement shall be brought in a state court of appropriate jurisdiction in Leon County, Florida, applying Florida law. b. If any term or provision of the Agreement is found to be illegal or unenforceable, the remainder of the Agreement will remain in full force and effect and such term or provision will be deemed stricken. c. The Agency shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Agency in conjunction with this Agreement. Failure by the Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. d. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department’s right- of-way. 9. PUBLIC ENTITY CRIME. The Agency affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty six (36) months from the date of being placed on the convicted vendor list. The Agency agrees that it shall not violate Section 287.133(2)(a), Florida Statutes, and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement. 10. UNAUTHORIZED ALIENS. The Department will consider the employment of unauthorized aliens, by any contractor or subcontractor, as described by Section 274A(e) of the Immigration and Nationalization Act, cause for termination of this Agreement. 11. NON-DISCRIMINATION. The Agency will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. The Agency shall provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management. The Agency shall insert similar provisions in all contracts and subcontracts for services by this Agreement. 12. DISCRIMINATORY VENDOR LIST. The Agency affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. The Agency further agrees 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 6 of 12 that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement. 13. ATTORNEY FEES. Each Party shall bear its own attorney’s fees and costs. 14. TRAVEL. There shall be no reimbursement for travel expenses under this Agreement. 15. PRESERVATION OF REMEDIES. No delay or omission to exercise any right, power, or remedy accruing to either Party upon breach or default by either Party under this Agreement, will impair any such right, power or remedy of either party; nor will such delay or omission be construed as a waiver of any breach or default or any similar breach or default. 16. MODIFICATION. This Agreement may not be modified unless done so in a writing executed by both Parties to this Agreement. 17. NON-ASSIGNMENT. The Agency may not assign, sublicense, or otherwise transfer its rights, duties, or obligations under this Agreement without the prior written consent of the Department. Any assignment, sublicense, or transfer occurring without the required prior written approval of the Department will be null and void. The Department will at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Agency. In the event that the Department approves transfer of the Agency’s obligations, the Agency remains responsible for all work performed and all expenses incurred in connection with this Agreement. 18. BINDING AGREEMENT. This Agreement is binding upon and inures to the benefit of the Parties and their respective successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits, obligations, or remedies upon any other person or entity except as expressly provided for in this Agreement. 19. INTERPRETATION. No term or provision of this Agreement shall be interpreted for or against any party because that party or that party’s legal representative drafted the provision. 20. ENTIRE AGREEMENT. This Agreement, together with the attached exhibits and documents made a part by reference, embodies the entire agreement of the Parties. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement. This Agreement supersedes all previous communication, representation, or agreement, either verbal or written, between the Parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of the Agency and the authorized officer of the Department or his/her delegate. 21. DUPLICATE ORIGINALS. This Agreement may be executed in duplicate originals. The remainder of this page is intentionally left blank. 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 7 of 12 Section No. 15045000 CAFA No. AGENCY City of Clearwater By: Print Name: Tara Kivett Title: Engineering Director As approved by the Council, Board, or Commission on: May 5, 2022 Attest: Rosemarie Call, City Clerk Legal Review: Owen Kohler, Assistant City Attorney City or County Attorney DEPARTMENT State of Florida, Department of Transportation By: Print Name: Richard Moss, PE Title: Director of Transportation Development Date: Legal Review: 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 8 of 12 Section No. 15045000 CAFA No. EXHIBIT “A” PROJECT DESCRIPTION I. SCOPE OF SERVICES The SR 60 / Clearwater Memorial Causeway Bridge Dynamic LED Lighting Project consists of LED programable decorative lights to illuminate the underside of the bridge over the intercoastal waterway from column 4 to end bent 10. The lighting will illuminate both the vertical columns and the fascia / underdeck of the bridge structure. The lighting will be wired mostly from the interior of the bridge structure and powered from underneath the bridge. The lighting load center and programmable portion of the lighting system will be operated from underneath the bridge at the end bent on the east end of the bridge. The installation of the lighting has been coordinated with the US Coast Guard to eliminate conflicts with the navigation lights over the main channel. MAINTENANCE OF TRAFFIC The selected contractor for the lighting construction will utilize the MOT plans notes and FDOT Permit Requirement to close lanes at the allowable times to costruct from the bridge deck. The contractor will also work inside the bridge and over the waterway as necessary. II. PROJECT PLANS The Agency is authorized to install the Project in accordance with the attached plans prepared by Rob R. Swann, PE , P.E./R.L.A./Architect and dated 11/19/2020 . Any revisions to these plans must be approved by the Department in writing. 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 9 of 12 Section No. 15045000 CAFA No. EXHIBIT “B” SPECIAL PROVISIONS 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 10 of 12 Section No. 15045000 CAFA No. EXHIBIT “C” TERMS AND CONDITIONS FOR INSTALLATION OF THE PROJECT City of Clearwater's Maintenance Plan The City of Clearwater will maintain the Dynamic LED Lighting to operate according to the FDOT's Bridge Lighting Policy dated 9-2020. The City will also abide by the US Coast Guards requests to make sure the lighting does not impair the navigation lights on the bridge over the main channel. 1. The City of Clearwater will maintain the lighting on the Clearwater Memorial Causeway Bridge, the power source and the operational controls for the programmable lighting system. 2. The City will perform maintenance on the lighting and programmable lighting system as necessary and according to the manufacturers requirements. Lights, bulbs, LED drivers, etc. will be replaced as needed for the operation of the Dynamic LED Lighting System. 3. The City of Clearwater will obtain the FDOT's Bridge Inspection Reports to verify any other maintence items associated with the Dynamic LED Lightinig System. 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 11 of 12 Section No. 15045000 CAFA No. EXHIBIT “D” AGENCY RESOLUTION 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 12 of 12 Section No. 15045000 CAFA No. EXHIBIT “E” NOTICE OF COMPLETION AND RESPONSIBLE PROFESSIONAL’S CERTIFICATE OF COMPLIANCE NOTICE OF COMPLETION COMMUNITY AESTHETIC FEATURE AGREEMENT Between THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and PROJECT DESCRIPTION: LED DYNAMIC LIGHTING TO THE UNDERSIDE OF THE MEMORIAL CAUSEWAY BRIDGE In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of , 20 . By: Name: Title: RESPONSIBLE PROFESSIONAL’S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of “as-built” plans certified by the Engineer of Record. By: SEAL: Name: Date: RESOLUTION NO. 22-10 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE EXECUTION OF A COMMUNITY AESTHETIC FEATURE AGREEMENT (CAFA) BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, THAT PROVIDES FOR THE DESIGN, INSTALLATION AND MAINTENANCE OF DECORATIVE LIGHTING ON SR 60/MEMORIAL CAUSEWAY BRIDGE; PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to place decorative lighting on SR 60/ Memorial Causeway Bridge (the Project), the Florida Department of Transportation (FDOT) requires the City to enter into a Community Aesthetic Feature Agreement (the Agreement) that provides for the design, installation, and maintenance of the Project, which includes a conceptual submittal and a final plan submittal phase, a copy of which is attached hereto as Exhibit “A”; and WHEREAS, under the terms of the Agreement, the City will perform any future maintenance including cleaning and replacement of damaged or deteriorating materials to the improvements as outlined in the Agreement at City cost; and WHEREAS, under the terms of the Agreement, the City must pay for the costs of removal of the Project and restoration of the right-of-way upon the expiration or earlier termination of the Agreement and provide a deposit to secure the payment of the Costs; and WHEREAS, it has been determined that $84,488.40 is an amount sufficient to cover the costs to FDOT pursuant to the CAFA; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Council hereby accepts and approves the Agreement between the City and the State of Florida Department of Transportation, on SR 60/Memorial Causeway Bridge, and authorizes appropriate City officials to take all necessary action as may be necessary or appropriate to perform all obligations and commitments of the City of Clearwater in accordance with the provisions of the Agreement. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 5th day of May 2022. ________________________________ Frank V. Hibbard Mayor 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#22-0449 Agenda Date: 5/2/2022 Status: Approval ReviewVersion: 1 File Type: Action ItemIn Control: City Manager's Office Agenda Number: 2.2 SUBJECT/RECOMMENDATION: Provide direction on the potential sale/lease of the former City Hall and Harborview sites and a referendum on November 8, 2022. SUMMARY: Page 1 City of Clearwater Printed on 4/27/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0401 Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 3.1 SUBJECT/RECOMMENDATION: Authorize a purchase order to DevTech Sales, Inc. of Avon Park, FL, to supply natural gas regulators in a not-to-exceed amount of $294,000.00 for term May 1, 2022 through July 31, 2023, pursuant to Invitation to Bid 11-22, and authorize the appropriate officials to execute same. (consent) SUMMARY: Invitation to Bid (ITB) 11-22, Natural Gas Regulators was released on November 15, 2021, and three responsive bid submissions were received on December 15, 2021. Equipment samples were requested from vendors for evaluation of specification compliance. Clearwater Gas System (CGS) has completed their evaluation and determined that DevTech Sales, Inc. was the lowest, most responsible bidder on Items #1-10 and #12-15. Item #11 will not be awarded, as the product bid did not meet the specific requirements for that bid item. Items listed in this bid were originally included in ITB 25-20, Natural Gas Meters and Regulators approved by Council in August of 2020. Due to the unavailability of these items from the awarded vendors, Procurement had to reissue these items. Items listed under the bid tab are based on an estimated annual amount. The not -to-exceed amount of $294,000.00 is for a period of 15 months at which time a new bid will be advertised in early 2023 and will include all bid line items for Gas Meters and Regulators. All materials are code approved and regulators will be used on the CGS Distribution System for new customers as well as replacing existing regulators that have reached the end of their useful life. In addition, CGS is not obligated to expend the entire amount being requested. APPROPRIATION CODE AND AMOUNT: Funding is budgeted and available in 3237323-96367 (Gas Meter Change-out Capitalized Pinellas) and 3237323-96379 (Gas Meter Change-out Capitalized Pasco). USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 4/27/2022 1) Control Southern Inc.2) DevTech Sales, Inc. 3850 Lakefield Drive 118 South Lake Avenue Suwanee, GA 30024 Avon Park, FL 33825 813.505.7201 863.453.5959 3) Equipment Controls Company PO Box 728 Norcross, GA 30091 800.554.1036 ADVERTISED: TAMPA BAY TIMES 11/17/2021 POSTED:myclearwater.com 11/15/2021-12/15/2021 Due/Opening: December 15, 2021; 10:00 a.m. INVITATION TO BID No. 11-22 NATURAL GAS REGULATORS Solicitation Response Listing FOR THE CITY OF CLEARWATER CITY OF CLEARWATER ITB # 11-22, Natural Gas Regulators NOTE: Highlighted Cell indicates items that were not bid on. DUE DATE: December 15, 2021; 10:00 AM BID REVIEW Item No.Description Est. Quantity (UOM) Unit Price (UOM) Total Price Unit Price (UOM) Total Price Unit Price (UOM) Total Price 1 HSR 3/4" ANGLE BODY - Inlet Pressure: 60 PSIG 1,500 $63.36 $ 95,040.00 $43.55 $ 65,325.00 $43.63 $ 65,445.00 2 HSR 3/4" ANGLE BODY - Inlet Pressure: 6 PSIG 500 $63.36 $ 31,680.00 $43.55 $ 21,775.00 $43.63 $ 21,815.00 3 HSR 3/4" GLOBE BODY - Inlet Pressure: 60 PSIG 200 $63.36 $ 12,672.00 $43.55 $ 8,710.00 $40.06 $ 8,012.00 4 HSR 3/4" GLOBE BODY - Inlet Pressure: 6 PSIG 200 $63.36 $ 12,672.00 $43.55 $ 8,710.00 $40.06 $ 8,012.00 5 HSR 1" GLOBE BODY - Inlet Pressure: 60 PSIG 300 $63.36 $ 19,008.00 $43.55 $ 13,065.00 $47.90 $ 14,370.00 6 HSR 1" GLOBE BODY - Inlet Pressure: 6 PSIG 300 $63.36 $ 19,008.00 $43.55 $ 13,065.00 $47.90 $ 14,370.00 7 DIRECT OPERATED PRESSURE REDUCING REGULATOR (Equivalent to Fisher 627)15 $288.98 $ 4,334.70 $266.00 $ 3,990.00 $173.59 $ 2,603.85 8 CONSTANT PRESSURE PILOT LOADED REGULATOR LT GREEN MAIN SPRING, BLUE PILOT SRING (Equivalent to Itron CL231)25 $816.81 $ 20,420.25 $878.00 $ 21,950.00 $634.20 $ 15,855.00 9 2" FLANGED SPRING LOADED, SELF REGULATED GAS REGULATOR WITH INTERNAL RELIEF VALVE (Equivalent to Itron B34)30 $593.56 $ 17,806.80 $746.00 $ 22,380.00 $334.23 $ 10,026.90 10 2" FEMALE PIPE THREAD SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL RELIEF VALVE (Equivalent to Itron B34)30 $454.61 $ 13,638.30 $563.00 $ 16,890.00 $259.43 $ 7,782.90 11 1 1/4" SPRING LOADED, SELF OPERATED GAS REGULATOR WITH INTERNAL RELIEF (Equivalent to Itron B34SR)10 $454.61 $ 4,546.10 $230.00 $ 2,300.00 $250.43 $ 2,504.30 12 SPRING LOADED THROTTLING RELIEF BACK PRESSURE REGULATOR (OVERPRESSURE RELIEF REGULATOR)(Equivalent to Fisher 289)25 $169.40 $ 4,235.00 $185.00 $ 4,625.00 NO BID $ - 13 SPRING LOADED THROTTLING RELIEF BACK PRESSURE REGULATOR (OVERPRESSURE RELIEF REGULATOR)(Equivalent to Fisher 289)25 $169.40 $ 4,235.00 $185.00 $ 4,625.00 NO BID $ - 14 PILOT OPERATED PRESSURE REDUCING REGULATOR (Equivalent to Fisher 299)5 $1,233.54 $ 6,167.70 $2,157.00 $ 10,785.00 NO BID $ - 15 PRESSURE REDUCING REGULATOR FOR REGULATOR STATIONS AND DISTRIC GATE STATIONS (Equivalent to Fisher 99)5 $2,189.00 $ 10,945.00 $3,128.00 $ 15,640.00 NO BID $ - Total Bid Items 1 – 15: $ 276,408.85 Total Bid Items 1 – 15: $ 233,835.00 Total Bid Items 1 – 15: $ 170,796.95 Control Southern Inc. 3850 Lakefield Drive Suwanee, GA 30024 DevTech Sales, Inc. 118 South Lake Avenue Avon Park, FL 33825 Equipment Controls Company PO Box 728 Norcross, GA 30091 Page 1 of 1 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0402 Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Gas System Agenda Number: 3.2 SUBJECT/RECOMMENDATION: Authorize a purchase order to USIC Holdings, Inc., dba USIC Locating Services, LLC of Cincinnati, OH, for natural gas distribution main and service line locating services, in an annual not-to-exceed amount of $622,000.00 for the initial term of May 1, 2022 through April 30, 2023 with the option of two, one-year renewals, pursuant to Invitation to Bid 08-22, and authorize the appropriate officials to execute same. (consent) SUMMARY: On February 1, 2022, Procurement issued Invitation to Bid (ITB) No. 08-22, Natural Gas Distribution Main & Service Line Locating Services, on behalf the Clearwater Gas System (CGS). On March 3, 2022, three bids were received. Upon review, both Procurement and CGS determined USIC Holdings, Inc dba USIC Locating Services, LLC was the lowest, most responsible bidder in accordance with the bid specifications. The locating services are in accordance with FL State law, which requires anyone who plans to dig and/or perform excavation activities in the right of way or on private property to call the Florida Sunshine State One Call (Sunshine 811) and place a locate ticket 48-hrs prior to performing any excavation. Once the locate ticket is received, a line spotter goes out to the site and marks the approximate location of CGS’s distribution main and service gas lines. This will inform the contractor/excavator of the approximate location of our facilities once they commence excavation. In 2021, CGS received approximately 56,000 locate tickets from Sunshine 811. Staff projects the ticket count will be approximately 61,000 over the next 12 months, as construction activities increase. APPROPRIATION CODE AND AMOUNT: Funding is budgeted and available in Pinellas Gas Maintenance 4232066 and Pasco Gas Maintenance 4232173 in the Clearwater Gas System Budget. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 4/27/2022 April 12, 2022 NOTICE OF INTENT TO AWARD The Clearwater Gas System and the Procurement Division recommend award of ITB No. 08-22, Natural Gas Distribution Main & Service Line Locating Services, to USIC Holdings, Inc, dba USIC Locating Services, LLC, the lowest most responsible bidder, in accordance with the bid specifications, in the estimated amount of $622,000.00 annually, for a period of one (1) year, with three (3), one (1) year renewal options. This Award recommendation will be considered by the City Council at the May 2, 2022, Work Session (9:00 a.m.) and voted on at the May 5, 2022, Council Meeting (6:00 p.m.). These meetings are held at Clearwater Main Library, at 100 N. Osceola Ave., Clearwater, FL 33755. Inquiries regarding this Intent to Award can be directed to Scott Burrows at (727) 562-4634, or mailed to City of Clearwater, Attn: Procurement Division, PO Box 4748, Clearwater, FL 33758- 4748. Posted on this date by: Scott Burrows Scott Burrows Procurement Analyst 1) Heath Consultants Incorporated 2) Olameter DPG, LLC 9030 Monroe Road 11020 W. Plank Court, Suite 100 Houston, TX 77061 Wauwatosa, WI 53226 713.844.1300 318.801.8013 *Certified WBE 3) USIC Locating Services, LLC 101 E Kennedy Blvd, Suite 850 Tampa, FL 33602 773.851.7067 ADVERTISED: TAMPA BAY TIMES 2/9/2022 POSTED:myclearwater.com 2/1/2022 - 3/3/2022 Due/Opening: March 3, 2022; 10:00 a.m. INVITATION TO BID No. 08-22 Natural Gas Distribution Main & Service Line Locating Services Solicitation Response Listing FOR THE CITY OF CLEARWATER CITY OF CLEARWATER ITB # 08-22, Natural Gas Distribution Main & Service Line Locating Services DUE DATE: March 3, 2022; 10:00 AM BID TABULATION Item No. Description Est. Quantity (UOM) Unit Price (UOM) Total Price Unit Price (UOM) Total Price Unit Price (UOM) Total Price 1 Regular Request Locate Ticket 59,000 $13.25 $ 781,750.00 $11.37 $ 670,830.00 $9.25 $ 545,750.00 2 Short Notice Request Locate Ticket 1,000 $13.25 $ 13,250.00 $11.37 $ 11,370.00 $9.25 $ 9,250.00 3 Emergency Request Locate Ticket 1,100 $21.21 $ 23,331.00 $31.60 $ 34,760.00 $9.25 $ 10,175.00 4 Hourly Rate for Other Services 1 $52.00 $ 52.00 $47.39 $ 47.39 $60.00 $ 60.00 5 Quarter Hour Rate for Other Services 1 $13.00 $ 13.00 $11.85 $ 11.85 $15.00 $ 15.00 Total Bid Items 1 – 5: $ 818,396.00 Total Bid Items 1 – 5: $ 717,019.24 Total Bid Items 1 – 5: $ 565,250.00 Heath Consultants Incorporated Olameter DPG, LLC USIC Locating Services, LLC v. 11.2018 Procurement Division 100 S Myrtle Ave 33756-5520 PO Box 4748 33758-4748 Clearwater FL 727-562-4633 INVITATION TO BID #08-22 Natural Gas Distribution Main & Service Line Locating Services February 1, 2022 NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Clearwater (City) until 10:00 A.M., Local Time, March 3, 2022, to provide Natural Gas Distribution Main and Service Line Locating Services. Brief Description: Clearwater Gas System (CGS) seeks qualified vendors to provide all labor, materials, incidental items and equipment necessary for Natural Gas Distribution Main and Service Line Locating Services. Bids must be in accordance with the provisions, specifications and instructions set forth herein and will be received by the Procurement Division until the above noted time, when they will be publicly acknowledged and accepted. Bid packets, any attachments and addenda are available for download at: https://www.myclearwater.com/business/rfp Please read the entire solicitation package and submit the bid in accordance with the instructions. This document (less this invitation and the instructions) and any required response documents, attachments, and submissions will constitute the bid. General, Process or Technical Questions concerning this solicitation should be directed, IN WRITING, to the following Procurement Analyst: Eryn Berg Procurement Analyst Eryn.Berg@myclearwater.com This Invitation to Bid is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS Natural Gas – Line Locating Services 2 ITB #08-22 i.1 VENDOR QUESTIONS: All questions regarding the contents of this solicitation, and solicitation process (including requests for ADA accommodations), shall be directed solely to the contact listed on page 1. Questions should be submitted in writing via letter, fax or email. Questions received less than ten (10) calendar days prior to the due date and time may be answered at the discretion of the City. i.2 ADDENDA/CLARIFICATIONS: Any changes to the specifications will be in the form of an addendum. Addenda are posted on the City website no less than seven (7) days prior to the Due Date. Vendors are cautioned to check the Purchasing Website for addenda and clarifications prior to submitting their bid. The City cannot be held responsible if a vendor fails to receive any addenda issued. The City shall not be responsible for any oral changes to these specifications made by any employees or officer of the City. Failure to acknowledge receipt of an addendum may result in disqualification of a bid. i.3 VENDOR CONFERENCE / SITE VISIT: Yes No Mandatory Attendance: Yes No Date and Time: n/a Location: n/a If so designated above, attendance is mandatory as a condition of submitting a bid. The conference/site visit provides interested parties an opportunity to discuss the City's needs, inspect the site and ask questions. During any site visit you must fully acquaint yourself with the conditions as they exist and the character of the operations to be conducted under the resulting contract. i.4 DUE DATE & TIME FOR SUBMISSION AND OPENING: Date: March 3, 2022 Time: 10:00 A.M. (Local Time) The City will open all bids properly and timely submitted and will record the names and other information specified by law and rule. All bids become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the bid opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, bids are available for inspection by contacting the Procurement Division. i.5 BID FIRM TIME: 90 days from Opening Bid shall remain firm and unaltered after opening for the number of days shown above. The City may accept the bid, subject to successful contract negotiations, at any time during this time. i.6 BID SECURITY: Yes No If so designated above, a bid security in the amount specified must be submitted with the bid. The security may be submitted in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, or cashier's check payable to the City of Clearwater (personal or company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to the City. Such bid security shall be forfeited to the City of Clearwater should the bidder selected fail to execute a contract when requested. PERFORMANCE SECURITY: Yes, equal to the annual bid amount No If required herein, the Contractor, simultaneously with the execution of the Contract, will be required to furnish a performance security. The security may be submitted in one-year increments and in any one of the following forms: an executed surety bond issued by a firm licensed and registered to transact such business with the State of Florida; cash; certified check, cashier's check or money order payable to the City of Clearwater (personal and company checks are not acceptable); certificate of deposit or any other form of deposit issued by a financial institution and acceptable to INSTRUCTIONS Natural Gas – Line Locating Services 3 ITB #08-22 the City. If the Contractor fails or refuses to fully comply with the terms and conditions of the contract, the City shall have the right to use all or such part of said security as may be necessary to reimburse the City for loss sustained by reason of such breach. The balance of said security, if any, will be returned to Contractor upon the expiration or termination of the contract. i.7 BID SUBMITTAL TO: It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.8 LATE BIDS. The bidder assumes responsibility for having the bid delivered on time at the place specified. All bids received after the date and time specified shall not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. You must allow adequate time to accommodate all registration and security screenings at the delivery site. A valid photo I.D. may be required. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The bidder agrees to accept the time stamp in the City Procurement Office as the official time. i.9 LOBBYING; LOBBYING NO-CONTACT PERIOD; QUESTIONS REGARDING SOLICITATION. From the time a competitive solicitation is posted until such time as the contract is awarded by the city or the solicitation is cancelled, all bidders, offerors, respondents, including their employees, representatives, and other individuals acting on their behalf, shall be prohibited from lobbying city officers, city employees, and evaluation committee members. Violation of this section may result in rejection/disqualification from award of the contract arising out of the competitive solicitation. All questions regarding the competitive solicitation must be directed to the procurement manager or designee, who will respond in writing and post such response to ensure that all respondents receive the same information during the No-Contact Period. The penalty for violating the No-Contact Period may include suspension or debarment. i.10 COMMENCEMENT OF WORK. If bidder begins any billable work prior to the City’s final approval and execution of the contract, bidder does so at its own risk. i.11 RESPONSIBILITY TO READ AND UNDERSTAND. Failure to read, examine and understand the solicitation will not excuse any failure to comply with the requirements of the solicitation or any resulting contract, nor shall such failure be a basis for claiming additional compensation. If a vendor suspects an error, omission or discrepancy in this solicitation, the vendor must immediately and in any case not later than seven (7) business days in advance of the due date notify the contact on page one (1). The City is not responsible for and will not pay any costs associated with the preparation and submission of the bid. Bidders are cautioned to verify their bids before submission, INSTRUCTIONS Natural Gas – Line Locating Services 4 ITB #08-22 as amendments to or withdrawal of bids submitted after time specified for opening of bids may not be considered. The City will not be responsible for any bidder errors or omissions. i.12 FORM AND CONTENT OF BIDS. Unless otherwise instructed or allowed, bids shall be submitted on the forms provided. An original and the designated number of copies of each bid are required. Bids, including modifications, must be submitted in ink, typed, or printed form and signed by an authorized representative. Please line through and initial rather than erase changes. If the bid is not properly signed or if any changes are not initialed, it may be considered non-responsive. In the event of a disparity between the unit price and the extended price, the unit price shall prevail unless obviously in error, as determined by the City. The City may require that an electronic copy of the bid be submitted. The bid must provide all information requested and must address all points. The City does not encourage exceptions. The City is not required to grant exceptions and depending on the exception, the City may reject the bid. i.13 SPECIFICATIONS. Technical specifications define the minimum acceptable standard. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Alternates will be considered upon demonstrating the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics. Minor differences that do not affect the suitability of the supply or service for the City’s needs may be accepted. Burden of proof that the product meets the minimum standards or is equal to the brand name, product, is on the bidder. The City reserves the right to reject bids that the City deems unacceptable. i.14 MODIFICATION / WITHDRAWAL OF BID. Written requests to modify or withdraw the bid received by the City prior to the scheduled opening time will be accepted and will be corrected after opening. No oral requests will be allowed. Requests must be addressed and labeled in the same manner as the bid and marked as a MODIFICATION or WITHDRAWAL of the bid. Requests for withdrawal after the bid opening will only be granted upon proof of undue hardship and may result in the forfeiture of any bid security. Any withdrawal after the bid opening shall be allowed solely at the City’s discretion. i.15 DEBARMENT DISCLOSURE. If the vendor submitting this bid has been debarred, suspended, or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state, or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the bidder shall include a letter with its bid identifying the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating the suspension or debarment. i.16 RESERVATIONS. The City reserves the right to reject any or all bids or any part thereof; to rebid the solicitation; to reject non-responsive or non-responsible bids; to reject unbalanced bids; to reject bids where the terms, prices, and/or awards are conditioned upon another event; to reject individual bids for failure to meet any requirement; to award by item, part or portion of an item, group of items, or total; to make multiple awards; to waive minor irregularities, defects, omissions, technicalities or form errors in any bid. The City may seek clarification of the bid from bidder at any time, and failure to respond is cause for rejection. Submission of a bid confers on bidder no right to an award or to a subsequent contract. The City is charged by its Charter to make an award that is in the best interest of the City. All decisions on compliance, evaluation, terms and conditions shall be made solely at the City’s discretion and made to favor the City. No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.17 OFFICIAL SOLICITATION DOCUMENT. Changes to the solicitation document made by a bidder may not be acknowledged or accepted by the City. Award or execution of a contract does not constitute acceptance of a changed term, condition or specification unless specifically acknowledged and agreed to by the City. The copy maintained and published by the City shall be the official solicitation document. i.18 COPYING OF BIDS. Bidder hereby grants the City permission to copy all parts of its bid, including without limitation any documents and/or materials copyrighted by the bidder. The City’s right to INSTRUCTIONS Natural Gas – Line Locating Services 5 ITB #08-22 copy shall be for internal use in evaluating the proposal. i.19 CONTRACTOR ETHICS. It is the policy of the City to promote courtesy, fairness, impartiality, integrity, service, professionalism, economy, and government by law in the Procurement process. The responsibility for implementing this policy rests with each individual who participates in the Procurement process, including Respondents and Contractors. To achieve the purpose of this Article, it is essential that Respondents and Contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: a. Exert any effort to influence any City employee or agent to breach the standards of ethical conduct. b. Intentionally invoice any amount greater than provided in Contract or to invoice for Materials or Services not provided. c. Intentionally offer or provide sub-standard Materials or Services or to intentionally not comply with any term, condition, specification or other requirement of a City Contract. i.20 GIFTS. The City will accept no gifts, gratuities or advertising products from bidders or prospective bidders and affiliates. The City may request product samples from vendors for product evaluation. i.21 PROTESTS AND APPEALS. If a Respondent believes there is a mistake, impropriety, or defect in the solicitation, believes the City improperly rejected its proposal, and/or believes the selected proposal is not in the City’s best interests, the Respondent may submit a written protest. All protests and appeals are governed by the City of Clearwater Purchasing Policy and Procedures. If any discrepancy exists between this Section and the Purchasing Policy, the language of the Purchasing Policy controls. Protests based upon alleged mistake, impropriety, or defect in a solicitation that is apparent before the bid opening must be filed with the Procurement Officer no later than five (5) business days before Bid Opening. Protests that only become apparent after the Bid Opening must be filed within ten (10) business days of the alleged violation of the applicable purchasing ordinance. The complete protest procedure can be obtained by contacting the Procurement Division. ADDRESS PROTESTS TO: City of Clearwater – Procurement Division 100 S Myrtle Ave, 3rd Fl Clearwater FL 33756-5520 or PO Box 4748 Clearwater FL 33758-4748 INSTRUCTIONS – EVALUATION Natural Gas – Line Locating Services 6 ITB #08-22 i.22 EVALUATION PROCESS. Bids will be reviewed by the Procurement Division and representative(s) of the respective department(s). The City staff may or may not initiate discussions with bidders for clarification purposes. Clarification is not an opportunity to change the bid. Bidders shall not initiate discussions with any City employee or official. i.23 PRESENTATIONS/INTERVIEWS. The bidder must provide a formal presentation/interview upon request. i.24 CRITERIA FOR EVALUATION AND AWARD. The City evaluates three (3) categories of information: responsiveness, responsibility, and price. All bids must meet the following responsiveness and responsibility criteria to be considered further. a) Responsiveness. The City will determine whether the bid complies with the instructions for submitting bids including completeness of bid which encompasses the inclusion of all required attachments and submissions. The City must reject any bids that are submitted late. Failure to meet other requirements may result in rejection. b) Responsibility. The City will determine whether the bidder is one with whom it can or should do business. Factors that the City may evaluate to determine "responsibility" include, but are not limited to: excessively high or low priced bids, past performance, references (including those found outside the bid), compliance with applicable laws-including tax laws, bidder's record of performance and integrity - e.g. has the bidder been delinquent or unfaithful to any contract with the City, whether the bidder is qualified legally to contract with the City, financial stability and the perceived ability to perform completely as specified. A bidder must at all times have financial resources sufficient, in the opinion of the City, to ensure performance of the contract and must provide proof upon request. City staff may also use Dun & Bradstreet and/or any generally available industry information. The City reserves the right to inspect and review bidder’s facilities, equipment and personnel and those of any identified subcontractors. The City will determine whether any failure to supply information, or the quality of the information, will result in rejection. c) Price. We will then evaluate the bids that have met the requirements above. i.25 COST JUSTIFICATION. In the event only one response is received, the City may require that the bidder submit a cost proposal in sufficient detail for the City to perform a cost/price analysis to determine if the bid price is fair and reasonable. i.26 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Bidder must be prepared for the City to accept the bid as submitted. If bidder fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject bid or revoke the award, and may begin negotiations with another bidder. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the bidder and the City until the City executes a written contract or purchase order. i.27 NOTICE OF INTENT TO AWARD. Notices of the City’s intent to award a Contract are posted to Purchasing’s website. It is the bidder’s responsibility to check the City of Clearwater’s website at https://www.myclearwater.com/business/rfp to view relevant bid information and notices. i.28 BID TIMELINE. Dates are tentative and subject to change. Release ITB: 2/1/2022 Advertise Tampa Bay Times: 2/9/2022 Bids due: 3/3/2022 Review bids: 3/4/2022 – 3/11/2022 Award recommendation: 3/11/2022 Council authorization: 4/7/2022 Contract begins: April 2022 STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating Services 7 ITB #08-22 S.1 DEFINITIONS. Uses of the following terms are interchangeable as referenced: “vendor, contractor, supplier, proposer, company, parties, persons”, “purchase order, PO, contract, agreement”, “city, Clearwater, agency, requestor, parties”, “bid, proposal, response, quote”. S.2 INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees. Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims. S.3 SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein. S.4 ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement. S.5 SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. S.6 NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties. S.7 NON- EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement. S.8 AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor. S.9 TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement. S.10 COMPLIANCE WITH APPLICABLE LAWS. a. General. Contractor must procure all permits and licenses and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance. b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement. Specifically, all Contractor personnel who are working under this Agreement must be notified STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating Services 8 ITB #08-22 in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties. c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. (i) As applicable to Contractor, under this provision, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter “Contractor Immigration Warranty”). (ii) A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City. (iii) The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. (iv) The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed. (v) Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. S.11 SALES/USE TAX, OTHER TAXES. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City. The City is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. S.12 AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City. STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating Services 9 ITB #08-22 S.13 OPENNESS OF PROCUREMENT PROCESS. Written competitive proposals, replies, oral presentations, meetings where vendors answer questions, other submissions, correspondence, and all records made thereof, as well as negotiations or meetings where negotiation strategies are discussed, conducted pursuant to this Invitation to Bid (ITB), shall be handled in compliance with Chapters 119 and 286, Florida Statutes. Proposals or replies received by the City pursuant to this ITB are exempt from public disclosure until such time that the City provides notice of an intended decision or until 30 days after opening the proposals, whichever is earlier. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the rejected proposals or replies remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A proposal or reply shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. Oral presentations, meetings where vendors answer questions, or meetings convened by City staff to discuss negotiation strategies, if any, shall be closed to the public (and other proposers) in compliance with Chapter 286 Florida Statutes. A complete recording shall be made of such closed meeting. The recording of, and any records presented at, the exempt meeting shall be available to the public when the City provides notice of an intended decision or until 30 days after opening proposals or final replies, whichever occurs first. If the City rejects all proposals or replies pursuant to this ITB and provides notice of its intent to reissue the ITB, then the recording and any records presented at the exempt meeting remain exempt from public disclosure until such time that the City provides notice of an intended decision concerning the reissued ITB or until the City withdraws the reissued ITB. A recording and any records presented at an exempt meeting shall not be exempt from public disclosure longer than 12 months after the initial City notice rejecting all proposals or replies. In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, Rosemarie Call, phone: 727-562-4092 or Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating Services 10 ITB #08-22 contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. S.14 AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. S.15 BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law. 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 STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating Services 11 ITB #08-22 including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement. S.17 DEFAULT. a. A party will be in default if that party: (i) is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; (ii) is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days; (iii) conducts business in an unethical manner or in an illegal manner; or (iv) fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with the City’s Purchasing Policy and Procedures Manual. c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the non- defaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement. S.18 REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default: a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs. c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it. d. Neither party will be liable for incidental, special, or consequential damages. S.19 CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement. 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. STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating Services 12 ITB #08-22 S.21 TERMINATION FOR CONFLICT OF INTEREST Florida Statutes Section 112. Pursuant to F.S. Section 112, the City may cancel this Agreement after its execution, without penalty or further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor. S.22 TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date. S.23 PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice. S.24 NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies. S.25 INDEMNIFICATION/LIABILITY. a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) the services provided by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with or fulfill the obligations established by this Agreement. b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification. c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or services. S.26 WARRANTY. Contractor warrants that the services and materials will conform to the requirements of the Agreement. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner. The City’s acceptance of service or materials provided by Contractor will not relieve Contractor from its obligations under this warranty. If any materials or services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at no additional charge to the City, will provide materials or redo such services until in accordance with this Agreement and to the City’s reasonable satisfaction. Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current manufacture and not discontinued, will be free of defects in materials and workmanship, will be provided in accordance with manufacturer's standard warranty for at least one (1) year unless otherwise specified, and will perform in accordance with manufacturer's published specifications. 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 STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating Services 13 ITB #08-22 cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery. S.28 NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs. S.29 OWNERSHIP. All deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. S.30 USE OF NAME. Contractor will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the City. S.31 PROHIBITED ACTS. Pursuant to Florida Constitution Article II Section 8, a current or former public officer or employee within the last two (2) years shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. S.32 FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed. S.33 RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder. S.34 SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees. S.35 WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties. S.36 PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will without limitation, at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any such action, or pay any settlement of such action or claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years, plus any additional costs the City may incur to acquire substitute supplies or services. S.37 CONTRACT ADMINISTRATION. The contract will be administered by the Procurement Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s). STANDARD TERMS AND CONDITIONS Natural Gas – Line Locating Services 14 ITB #08-22 S.38 FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties. S.39 COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing agreements with other Florida government agencies, including the Tampa Bay Area Purchasing Cooperative. Under a Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies in the State of Florida with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. The City is not responsible for any disputes arising out of transactions made by others. S.40 FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Procurement Division. S.41 NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via facsimile. If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof. S.42 GOVERNING LAW, VENUE. This Agreement is governed by the laws of the State of Florida. The exclusive venue selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Pinellas County, Florida. S.43 INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed. S.44 PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it. S.45 SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect. The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability. S.46 SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination. DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 15 ITB #08-22 1. INTRODUCTION. The City of Clearwater (City) is located on the West Coast of Florida in the Tampa Bay region. It is the third largest city in the region with an estimated population of nearly 118,017 residents. The City of Clearwater is also a major tourist destination – Clearwater Beach was rated #1 U.S. Beach by TripAdvisor’s Traveler’s Choice Awards in 2018 and 2019 and is consistently ranked as one of the top beaches in the world. The City of Clearwater is home to the Philadelphia Phillies Spring Training and Clearwater Threshers Minor League Baseball, as well as hosting several sports tournaments through the year that attract visitors from across the country. Clearwater is home to Winter the Dolphin and the Clearwater Marine Aquarium. Winter’s story made it all the way to Hollywood in the motion pictures “Dolphin Tale” and “Dolphin Tale 2”, both filmed here in Clearwater. The City of Clearwater is committed to ensuring that we have a sustainable city through green measures focusing on our economy, environment and community. 2. BACKGROUND. Clearwater Gas System (CGS) is owned and operated as an enterprise natural gas utility by the City of Clearwater. It currently has over 1,000 miles of underground gas main and handles the supply and distribution of both natural and propane (LP) gas throughout Pinellas, Pasco and Western Hillsborough County. Below is some general information on the CGS distribution system, along with a company profile. A. HISTORICAL LOCATING SERVICE UTILIZATION: SUNSHINE 811 LOCATE TICKETS FROM JANUARY 2021 – DECEMBER 2021 County Miles of Main Number of Service Lines Sunshine Tickets Received Located Emergency Located Pinellas 793 18,866 37,971 4,581 830 Pasco 277 10,159 18,732 4,329 215 Total 1,070 29,025 56,703 8,910 1,045 Projected growth for 2022 through 2024 Years Total Miles of Main Estimated 2022 to 2023 27 2023 to 2024 28 Additional information, such as geographic information system software (GIS) shapefiles, depicting the location of our main and service line locations will be made available to the awarded vendor. B. CLEARWATER GAS SYSTEM – OVERVIEW: It is recommended that Vendor(s) review the proposed work area and become familiar with local conditions which may in any manner affect the work to be performed, or affect the equipment, materials, and labor required. The Vendor(s) must carefully evaluate the service area and the specifications, conditions, and requirements of this contract. No additional allowances will be made due to lack of knowledge of any site conditions. DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 16 ITB #08-22 C. U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 2020, PHMSA 7100-1.1 Annual Report DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 17 ITB #08-22 DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 18 ITB #08-22 3. SCOPE OF WORK. The Awarded Bidder (Vendor) must provide underground facility locating services for CGS. Locating services will include regular, emergency, and short notice work requests. The contract resulting from this solicitation will be fixed price (unit cost) in accordance with the Vendor’s Bid Pricing. A. REGULATIONS i. All services must be performed to meet the requirements and intent of the Code of Federal Regulations (CFR) 49 Part 192.801, 192.803, 192.805, 192.807 and 192.809 relating to “Operator Qualification” in conformance with the intent of Federal Operator Qualification (O.Q.) Regulations that is equal to and applicable to CGS’s American Society of Mechanical Engineers (ASME) B31Q O.Q. Plan. ii. All work must be performed in accordance with the standards defined in accordance with Florida Statute 556 (F.S. 556)., the Underground Facility Damage Prevention and Safety Act. B. SERVICE REQUIREMENTS i. All Sunshine 811 locate ticket records are the property of CGS. CGS will notify Florida Sunshine State One Call (Sunshine 811) of its engagement with the vendor. ii. Vendor must receive and record locate ticket requests from both CGS and Sunshine 811 during normal business days and within normal business hours. Locate ticket requests may be issued to the vendor during non-business hours on an emergency basis only and must be approved by CGS’s designated representative(s), either in writing or email, prior to start of service. iii. Vendor must provide sufficient qualified staff, administrative capabilities, and field locating equipment to adequately perform the required locating services for CGS. A list of proposed personnel and supervisors to be provided at the time of bid. iv. Vendor must provide compatible two (2) way communication with existing or future communication systems between CGS personnel and Sunshine 811. v. For each locate ticket request, Vendor must review the CGS facilities maps, provided online and in paper copy format, to determine where conflicts exist between proposed excavation sites and CGS facilities and must be able to locate those areas in the timeframe as specified by F.S. 556. vi. Vendor must respond and complete a site visit for each locate ticket request from Sunshine 811 to locate any and all facilities belonging to CGS that are included in the description on the locate ticket request. Services must be completed in the timeframe as specified by F.S. 556. vii. Vendor must complete all locate ticket requests and close out these locate ticket requests by submitting the proper response to Sunshine 811. viii. At the request of CGS’s designated representative(s), Vendor must provide one (1) follow-up site visit, at no charge, for each completed locate ticket, to verify locate with the excavator to ensure the safety and accuracy of the work performed. ix. Vendor must use equipment capable of distinguishing CGS facilities from that of other underground utilities. x. Vendor must locate service lines, from the main gas line to the meter location on private property, and other facilities in right-of-way (ROW) and easements in compliance with the most DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 19 ITB #08-22 recent edition of the Florida Department of Transportation (FDOT) Maintenance of Traffic (MOT) rules and regulations. xi. Vendor must hand shovel or vacuum excavate pipelines and/or segments that are difficult to locate, repair broken locate wire segments, install and/or maintain locate stations to complete locate tickets. xii. Vendor must use a marking medium such as: paint and/or flags. Colors are to be in accordance with state law and industry standards. Vendor is responsible for providing all marking material. xiii. Vendor must designate a single point of contact between Vendor and CGS’s designated representative(s) to serve as a liaison for receipt of CGS facility maps. Vendor will be responsible for requesting revised copies of CGS facility maps. xiv. Vendor must retain and safeguard CGS system maps and records. Maps and records will not be disclosed to or made available to any entity without the expressed written consent of CGS’s designated representative(s). xv. Vendor must contact CGS’s designated representative(s) for assistance after having exhausted reasonable efforts to locate any identifiable, but un-locatable facilities. Vendor must immediately notify the excavator of the presence of CGS’s facilities and inform excavator to suspend any digging activities until CGS personnel are on site. Vendor must obtain name, phone number and other pertinent information of excavator personnel notified of incomplete locate tickets whether responded to with positive response codes or not (i.e., when Sunshine 811 ticket is closed concerning the status of locating an underground facility). xvi. Vendor must notify CGS’s designated representative(s) of any discrepancies or omissions in the records or other information provided to Vendor by CGS to the extent such discrepancies and omissions can be determined by Vendor. Vendor will draw simple as-builts when the main is found in a different location than CGS records depict. xvii. Vendor must establish positive working relationships with other contractors and maintain clear communication channels to ensure the safety of the system, staff, and the public. xviii. Gas locate tickets will include propane tanks and related underground piping systems. Vendor must allow CGS to back charge for locates passed-on that were accomplished with minimal effort. Vendor is responsible for any late ticket charges to Sunshine 811 and may be charged for any missed locate damages, pending investigation results. C. SERVICE TYPES Regular Request: CGS or Sunshine 811 locate ticket received during normal business day and work must be completed within two (2) full business days. Short Notice Request: CGS or Sunshine 811 locate ticket received during normal business day and work must be completed within one (1) full business day. Emergency Request: CGS or Sunshine 811 locate ticket received during normal business day and hours; Vendor must respond to the location within two (2) hours and work must be completed within one (1) full business day. D. WORK REQUIREMENTS Vendor must include the following to complete all CGS and Sunshine 811 locate ticket request: DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 20 ITB #08-22 i. Provide an all-clear code to the positive response system when CGS does not have underground facilities within the excavation site. ii. Physically mark the excavation site per low impact marking practices, (such as paint and flags), and update the positive response system in the Sunshine 811 website. iii. Contact the excavator to reschedule the locate. If the excavator's voicemail is reached, leave a message explaining the situation and the need to re-schedule. Enter positive response code 3F only after the excavator has been reached and the new schedule arranged. iv. Enter the appropriate positive response code when one (1) of the above three (3) are not true. v. If underground utilities cannot be located, Vendor must provide the best information available at that time E. SERVICE HOURS i. Natural Gas Distribution Main and Service Line Locating Services shall be performed between the hours of 7:00 AM to 3:30 PM, Monday through Friday, with the following exceptions: a. Major City Arterial Streets, including State Roads and County Roads: Work permitted between the hours of 9:00 AM – 3:00 PM, to include establishing the MOT for the project. b. Right-of-ways, within 1,000 feet of schools: No work is permitted during the hours when children are arriving or leaving school properties (beginning or ending of school days). ii. Vendor must contact CGS’s designated representative(s) to obtain permission to conduct services on Saturdays and must observe the same hours as listed above. No work will be performed on Sundays. iii. Emergency locating services may be conducted upon approval by CGS’s designated representative(s) for any day or time, as needed. Vendor must provide supplemental pricing for hourly rate for emergency services on the Bid Pricing pages. F. WORK SCHEDULE i. Vendor will adhere to a work schedule as specified in Section C, Service Types and Section E, Service Hours. Any schedule variation requested by either CGS or the Vendor must be accepted by the other entity in writing. ii. CGS intends for the services under this contract to impact the public as little as possible. The Vendor must provide CGS’s designated representative(s) with a written schedule (email is acceptable) of the services, at least forty-eight (48) hours prior to the start of work to ensure that notification can be provided to any citizen who may be affected by services. G. PERSONNEL REQUIREMENTS i. All work crews will be required to wear approved company uniform, use appropriate Personal Protection Equipment (PPE), abide by any and all company and OSHA (Occupational Safety and Health Act) safety standards, and behave in a professional manner at all times. ii. Vendor must conduct a safety briefing with employees each day prior to beginning operations. iii. Vendor must supply knowledgeable and physically capable employees and provide appropriate supervision to all services performed under this contract. All personnel must be skilled in the field in which they work; that is, no unskilled laborers will perform the work. DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 21 ITB #08-22 iv. Vendor must maintain enough skilled personnel and supervisory staff to carry out CGS work tickets in a timely manner as described above in Section B, Service Requirements and Section C, Service Types. A list of proposed personnel and their qualifications, adequate to handle CGS’s work volume, is required. At minimum vendor should provide the following with bid submittal: a. Qualified personnel list to include employee name, position and resume. b. Operator Qualification Certificates v. The Vendor is required to provide all equipment necessary to perform all services specified herein. All equipment must be in good working condition so that it can be safely operated and does not present a threat to people, private or public property. CGS designated representative(s) reserves the right to turn away any vehicles/equipment that arrive in an unsafe condition, have obviously not been maintained, or are excessively dirty. vi. All personnel performing work under this contract must be trained and proficient in the operation of the locating equipment being used by the vendor. If equipment or methods are upgraded, all vendor personnel must be successfully retrained before working on CGS sites. H. TRAFFIC CONTROL AND PEDESTRIAN SAFETY i. Vendor must fully acquaint and comply with MOT safety requirements. If requested, the MOT plan must be submitted by the vendor to and approved by the respective City prior to partial lane closure and commencement of the work. All necessary lane closure requests must be submitted by the vendor and approved by the respective City's Transportation and Parking Services, a minimum of forty-eight (48) hours in advance of scheduled operations. ii. Vendor must coordinate maintenance operations in certain high pedestrian use areas and peak time periods with CGS’s designated representative(s). The City reserves the right to limit the hours of operation in certain high pedestrian use areas iii. Any and all proposed traffic control must conform to the current edition of the Manual on Uniform Traffic Control Devices (MUTCD), the Florida Department of Transportation Roadway and Traffic Design Standards, 2009 (600 Series) and the Florida Department of Transportation Standard Specifications for Road and Bridge Construction in their most recent form. Vendor must use Index 627 whenever equipment is relocated or driven on existing open travel lanes. iv. For work to be completed within the ROW, the Vendor must set up MOT per FDOT specifications and must have an MOT certified individual on site. If the Vendor does not have the MOT certified individual at the time of bid submittal, Vendor may utilize a contract agency performing the MOT; however, within thirty (30) days of contract award the Vendor must have an MOT certified individual on staff. v. MOT services must be provided by the Vendor for the duration of the contract and must be included in unit pricing. I. REPORTING i. Upon award of this contract, both parties will mutually determine an appropriate set of periodic reports to be issued by the Vendor to the CGS designated representative(s) in support of this contract. ii. Vendor must meet with the CGS designated representative(s) as needed, to review the vendor’s performance, work schedule, discuss issues, and/or address any related problems. Please note that the review frequency may be varied at CGS’s discretion. DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 22 ITB #08-22 J. SPECIAL CONDITIONS i. Vendors may be required to submit a list of equipment that will be used to perform the required services as outlined. Upon request, all equipment listed must be available for inspection by the CGS designated representative(s) prior to award or at any time during the contract term. ii. Vendor will assist CGS in reporting vandalism, graffiti, damage or public and private property in need of repair/refurbishing. For example, traffic or directory signs, structures, site furnishings, monuments, fences, lighting, utilities, and paving. Vendor must report these items to the CGS designated representative(s) by the end of that business day unless it is an emergency, in which proper authorities must be notified. iii. Vendor will be responsive to special conditions or unexpected problems that may occur during the term of the contract. CGS expects the full cooperation and prompt response by the Vendor. K. ALL-INCLUSIVE PRICING Bid pricing must be inclusive of all labor, equipment, material, tools, incidentals and any other service or charge necessary to complete the project. There must be no additional charges for mobilization, demobilization, equipment transport, fuel, fuel surcharges, disposal fees/increases, travel time, wait time, labor or insurance charges/increases, or any other charge not listed. The all-inclusive parameters of a CGS and/or Sunshine 811 locate ticket are as follows: i. One (1) Sunshine 811 locate ticket can cover a linear distance of up to one (1) mile on a street and up to 150 feet in either direction along crossing streets that are identified in the locate ticket. ii. One (1) locate ticket can include up to five (5) individual addresses as long as the linear distance from the first address to the last is one (1) mile or less. For example, a single ticket can cover work being done at these addresses: 2000, 2003, 2004, 2006 and 2009 Main Street. iii. One (1) locate ticket may cover an area of undeveloped land of no more than one (1) square mile, provided that the boundaries of the undeveloped land area where the work is to be performed are described on the ticket. This ticket may also include work to be performed on any single street or ROW bordering the area of undeveloped land. Work to be performed on an additional bordering street or ROW requires a separate locate ticket. Work exceeding the linear or numerical unit requirements outlined above will be billed for the initial hour and then in quarter hour (¼) hour increments as specified on the Bid Pricing form, page 28. CGS must approve any emergency or after-hours requests prior to start of service. L. MONITORING The CGS Operations Manager and/or designated representative(s) will monitor the Vendor’s performance in accordance with the terms and conditions set forth in this solicitation and as defined in Florida Statutes and the Florida Administrative Code. To assist CGS in monitoring the resultant contract, the Vendor must permit CGS’s designated representative(s) to inspect its facilities, equipment, or data upon request. M. PERFORMANCE STANDARDS, LIQUIDATED DAMAGES, AND CORRECTIVE ACTION PLANS Liquidated damages will be assessed for breach of any contract term or condition, including failure to meet defined performance standards. The CGS Operations Manager and/or designated DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 23 ITB #08-22 representative(s) will monitor the Vendor’s performance in accordance with the established requirements set forth in this solicitation. During the contract term, shall CGS find the Vendor out of compliance, the City reserves the right to impose liquidated damages in the amount of $1,000.00 for each day that the work to be performed by the Vendor remains incomplete, beyond the time limit specified, and for failure to comply with the performance standard requirements as stated. 4. MINIMUM QUALIFICATIONS. Vendor must have the capability to perform and complete the services in all respects in accordance with the solicitation documents. The Vendor must be licensed and competent in the required discipline of locating gas mains, services and underground customer piping systems and related gas meter connections. A. Vendor must provide three (3) customer references for work that is similar to the size and scope as outlined, within the past five (5) years, with bid submittal. B. Vendor personnel and CGS approved subcontractors must meet the requirements and intent of the Code of Federal Regulations (CFR) 49 Part 192.801, 192.803, 192.805, 192.807 and 192.809 relating to O.Q. with mandatory knowledge, skill and abilities, training to be completed at the time of bid submittal. O.Q. and all training documentation must be furnished, at time of bid submittal. The Vendor’s O.Q. plan must also explain how their employees have the ability to identify and react to natural gas related abnormal operating conditions that may be encountered while working on the gas pipeline facility. Vendors’ employees O.Q., knowledge, skill and ability records will be kept for a five (5) year period. Failure to provide proof of O.Q. compliance, and successful maintenance will disqualify the vendor from performance of the awarded bid. Training records must be made available to CGS for auditing. C. By submitting a bid, each Vendor agrees that it has an established, or will implement by the start of this contract, a Drug and Alcohol Training and Testing Program for their employees that comply with the requirements of the United States Department of Transportation, Title 49, Pipeline Safety Regulations, Part 199. The awarded vendor will furnish quarterly statistical reports to CGS’s Operations Manager and/or designated representative, to show active compliance. D. Vendor must attest to the Certification regarding Scrutinized Companies Lists, certifying that it is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies That Boycott Israel List created pursuant to Section 287.135, Florida Statutes. The Vendor agrees the Department may immediately terminate this Contract for cause if the Contractor is found to have submitted a false certification or if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies That Boycott Israel List during the term of the Contract. 5. INSURANCE REQUIREMENTS. The Vendor shall, at its own cost and expense, acquire and maintain (and cause any subcontractors, representatives or agents to acquire and maintain) during the term with the City, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. In addition, the City has the right to review the Contractor’s deductible or self-insured retention and to require that it be reduced or eliminated. Specifically the Vendor must carry the following minimum types and amounts of insurance on an occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 24 ITB #08-22 a. Commercial General Liability Insurance coverage, including but not limited to, premises operations, products/completed operations, products liability, contractual liability, advertising injury, personal injury, death, and property damage in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. b. Commercial Automobile Liability Insurance coverage for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 (one million dollars) combined single limit. c. Unless waived by the State of Florida and proof of waiver is provided to the City, statutory Workers’ Compensation Insurance coverage in accordance with the laws of the State of Florida, and Employer’s Liability Insurance in the minimum amount of $500,000 (five hundred thousand dollars) each employee each accident, $500,000 (five hundred thousand dollars) each employee by disease, and $500,000 (five hundred thousand dollars) disease policy limit. Coverage should include Voluntary Compensation, Jones Act, and U.S. Longshoremen’s and Harbor Worker’s Act coverage where applicable. Coverage must be applicable to employees, contractors, subcontractors, and volunteers, if any. d. Professional Liability Insurance coverage appropriate for the type of business engaged in by the Contractor with minimum limits of $1,000,000 (one million dollars) per occurrence. If a claim made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) of as great a duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. e. Pollution Liability Insurance coverage, which covers any and all losses caused by pollution conditions (including sudden and non-sudden pollution conditions) arising from the servicing and operations of Vendor (and any subcontractors, representatives, or agents) involved in the work/transport, in the minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two million dollars) general aggregate. The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions. a. Prior to the execution of this Agreement, and then annually upon the anniversary date(s) of the insurance policy’s renewal date(s) for as long as this Agreement remains in effect, the Vendor will furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above and naming the City as an “Additional Insured” on the Commercial General Liability Insurance and Auto Liability policies. In addition when requested in writing from the City, Vendor will provide the City with certified copies of all applicable policies. The address where such certificates and certified policies shall be sent or delivered is as follows: City of Clearwater Attn: Procurement Division, ITB #08-22 P.O. Box 4748 Clearwater, FL 33758-4748 b. Vendor shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. DETAILED SPECIFICATIONS Natural Gas – Line Locating Services 25 ITB #08-22 c. Vendor’s insurance as outlined above shall be primary and non-contributory coverage for Vendor’s negligence. d. Vendor reserves the right to appoint legal counsel to provide for the Vendor’s defense, for any and all claims that may arise related to Agreement, work performed under this Agreement, or to Vendor’s design, equipment, or service. Vendor agrees that the City shall not be liable to reimburse Vendor for any legal fees or costs as a result of Vendor providing its defense as contemplated herein. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the City, and City’s failure to request evidence of this insurance shall not be construed as a waiver of Vendor’s (or any contractors’, subcontractors’, representatives’ or agents’) obligation to provide the insurance coverage specified. MILESTONES Natural Gas – Line Locating Services 26 ITB #08-22 1. BEGINNING AND END DATE OF INITIAL TERM. April 2022 – March 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. CONTRACT. The contract resulting from this solicitation will be fixed price (unit cost) in accordance with the Awarded Vendor’s Bid Pricing. A copy of the proposed standard contract containing all requirements is included as Attachment A, Standard Contract. The prospective vendor should closely review the requirements contained in the proposed standard contract. Modifications proposed by the prospective vendor may not be considered. This solicitation, including all its addenda, the Department’s written response to written inquiries, and the successful vendor’s response shall be incorporated by reference in the final contract document. 3. 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. 4. RENEWAL. At the end of the initial term of this contract, the City may initiate renewal(s) as provided. The decision to renew a contract rests solely with the City. The City will give written notice of its intention to renew the contract no later than thirty (30) days prior to the expiration. Three (3), one (1) year renewals possible at the City’s option. 5. PRICES. All pricing shall be firm for the initial term of one (1) year; except where otherwise provided by the specifications, and include all transportation, insurance and warranty costs. The City shall not be invoiced at prices higher than those stated in any contract resulting from this bid. The Contractor certifies that the prices offered are no higher than the lowest price the Contractor charges other buyers for similar quantities under similar conditions. The Contractor further agrees that any reductions in the price of the goods or services covered by this bid and occurring after award will apply to the undelivered balance. The Contractor shall promptly notify the City of such price reductions. During the sixty (60) day period prior to each annual anniversary of the contract effective date, the Contractor may submit a written request that the City increase the prices for an amount for no more than the twelve month change in the Consumer Price Index (CPI-U), Tampa-St. Petersburg- Clearwater, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld. At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year, and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. BID SUBMISSION Natural Gas – Line Locating Services 27 ITB #08-22 1. BID SUBMISSION. It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. For bids mailed and/or hand-delivered, bidder must submit one (1) signed original bid and one (1) electronic format on a CD or Thumb Drive, in a sealed container using label provided at the end of this solicitation. 2. BIDDER RESPONSE CHECKLIST. This checklist is provided for your convenience. It is not necessary to return a copy of this solicitation’s Instructions, Terms and Conditions, or Detailed Specifications with your bid response. Only submit the requested forms and any other requested or descriptive literature. Original and proper number of copies with electronic format (if requested) Bid container properly labeled Bid pricing form Exceptions/Additional Materials/Addenda form Vendor Information form Scrutinized Companies form(s) as required E-Verify Eligibility form as required Offer Certification form References form: Minimum of three (3) customer references Copy of Vendor’s O.Q. plan (REF 4(B), page 23) Copy of personnel list (employee name, position, and resume) (REF G(iv), page 21) Copy of O.Q. Certificates for personnel (REF G(iv), page 21) W-9 Form to be provided by Bidder (http://www.irs.gov/pub/irs-pdf/fw9.pdf) BID PRICING Natural Gas – Line Locating Services 28 ITB #08-22 Pursuant to the contract specifications enumerated and described in this solicitation, we agree to furnish Natural Gas Distribution Main and Service Line Locating Services to the City of Clearwater at the price(s) stated below. Item No. TYPE OF LOCATE TICKET Unit Price Unit of Measure Estimated Annual Quantity Total Price REGULAR REQUEST: Sunshine 811 locate ticket received during normal business day and hours (7:00 am – 3:30 pm); work completed within two (2) full business days.. 1 Regular Request ticket received from CGS or Florida Sunshine (including all ticket revisions and updates); it is estimated that 9,000 tickets will require field visit $ Per Ticket 59,000 $ SHORT NOTICE REQUEST: Sunshine 811 locate ticket received during normal business day and hours (7:00 am – 3:30 pm); work completed within one (1) full business day. 2 Short Notice Request ticket received from CGS or Florida Sunshine (including all ticket revisions and updates); it is estimated that 100 tickets will require field visit $ Per Ticket 1,000 $ EMERGENCY REQUEST: Sunshine 811 locate ticket received during normal business day and hours (7:00 am – 3:30 pm); respond to the location within two (2) hours; and work completed within one (1) full business day. 3 Emergency Request ticket received from CGS or Florida Sunshine (including all ticket revisions and updates); it is estimated that 200 tickets will require field visit $ Per Ticket 1,100 $ OTHER SERVICES 4 Hourly Rate for other services – minimum 1 hour charge (i.e. Work exceeding linear or numerical unit requirements and other services outside of the locate ticket scope of work) $ Per Initial Hour 5 Quarter Hour Rate for other services (after initial hour) $ Per Quarter Hour Note: Pricing must be all-inclusive. Reference K. All-Inclusive Pricing, page 22, above. DELIVERY REQUIREMENTS FOB: Destination, Freight Prepaid and Allowed Freight Costs: Unit prices should include all freight and transportation charges PAYMENT TERMS: City of Clearwater’s standard payment terms are NET30 Vendor: _________________________________________ Date: _______________________________ EXCEPTIONS/ADDITIONAL MATERIALS/ADDENDA Natural Gas – Line Locating Services 29 ITB #08-22 Bidders shall indicate any and all exceptions taken to the provisions or specifications in this solicitation document. Exceptions that surface elsewhere and that do not also appear under this section shall be considered invalid and void and of no contractual significance. Exceptions (mark one): Note – Any material exceptions taken to the City’s Standard Terms and Conditions will render a Bid Non-responsive. No exceptions Exceptions taken (describe--attach additional pages if needed) Additional Materials submitted (mark one): No additional materials have been included with this bid Additional Materials attached (describe--attach additional pages if needed) Addenda Bidders are responsible for verifying receipt of any addenda issued by checking the City’s website at http://www.myclearwater.com/business/bid-information/ prior to the bid opening. Failure to acknowledge any addenda issued may result in a response being deemed non-responsive. Acknowledgement of Receipt of Addenda (initial for each addenda received, if applicable): Addenda Number Initial to acknowledge receipt Vendor Name ____ Date: ____ VENDOR INFORMATION Natural Gas – Line Locating Services 30 ITB #08-22 Company Legal/Corporate Name: Doing Business As (if different than above): Address: City: State: Zip: - Phone: Fax: E-Mail Address: Website: DUNS # Remit to Address (if different than above): Order from Address (if different from above): Address: Address: City: State: Zip: City: State: Zip: Contact for Questions about this bid: Name: Fax: Phone: E-Mail Address: Day-to-Day Project Contact (if awarded): Name: Fax: Phone: E-Mail Address: Certified Small Business Certifying Agency: Certified Minority, Woman or Disadvantaged Business Enterprise Certifying Agency: Provide supporting documentation for your certification, if applicable. SCRUTINIZED COMPANIES FORM Natural Gas – Line Locating Services 31 ITB #08-22 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 SCRUTINIZED COMPANIES FORM Natural Gas – Line Locating Services 32 ITB #08-22 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM IF YOUR BID/PROPOSAL IS $1,000,000 OR MORE, THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The vendor, company, individual, principal, subsidiary, affiliate, or owner is aware of the requirements of section 287.135, Florida Statutes, regarding companies on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaging in business operations in Cuba and Syria; and 2. The vendor, company, individual, principal, subsidiary, affiliate, or owner is eligible to participate in this solicitation and is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria; and 3. Business Operations means, for purposes specifically related to Cuba or Syria, engaging in commerce in any form in Cuba or Syria, including, but not limited to, acquiring, developing, maintaining, owning, selling, possessing, leasing or operating equipment, facilities, personnel, products, services, personal property, real property, military equipment, or any other apparatus of business or commerce; and 4. If awarded the Contract (or Agreement), the vendor, company, individual, principal, subsidiary, affiliate, or owner will immediately notify the City of Clearwater in writing, no later than five (5) calendar days after any of its principals are placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Sector List, or engaged in business operations in Cuba and Syria. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ______________________________________ _ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE E-VERIFY ELIGIBILITY FORM Natural Gas – Line Locating Services 33 ITB #08-22 VERIFICATION OF EMPLOYMENT ELIGIBILITY FORM PER FLORIDA STATUTE 448.095, CONTRACTORS AND SUBCONTRACTORS MUST REGISTER WITH AND USE THE E-VERIFY SYSTEM TO VERIFY THE WORK AUTHORIZATION STATUS OF ALL NEWLY HIRED EMPLOYEES. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE BID/PROPOSAL. FAILURE TO SUBMIT THIS FORM AS REQUIRED MAY DEEM YOUR SUBMITTAL NONRESPONSIVE. The affiant, by virtue of the signature below, certifies that: 1. The Contractor and its Subcontractors are aware of the requirements of Florida Statute 448.095. 2. The Contractor and its Subcontractors are registered with and using the E-Verify system to verify the work authorization status of newly hired employees. 3. The Contractor will not enter into a contract with any Subcontractor unless each party to the contract registers with and uses the E-Verify system. 4. The Subcontractor will provide the Contractor with an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with unauthorized alien. 5. The Contractor must maintain a copy of such affidavit. 6. The City may terminate this Contract on the good faith belief that the Contractor or its Subcontractors knowingly violated Florida Statutes 448.09(1) or 448.095(2)(c). 7. If this Contract is terminated pursuant to Florida Statute 448.095(2)(c), the Contractor may not be awarded a public contract for at least 1 year after the date on which this Contract was terminated. 8. The Contractor is liable for any additional cost incurred by the City as a result of the termination of this Contract. __________________________________________ Authorized Signature __________________________________________ Printed Name __________________________________________ Title __________________________________________ Name of Entity/Corporation STATE OF _____________________ COUNTY OF ___________________ The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization on, this _____ day of _________________, 20____, by _______________________________ (name of person whose signature is being notarized) as the ________________________ (title) of ______________________________________(name of corporation/entity), personally known ______, or produced _________________________ (type of identification) as identification, and who did/did not take an oath. ____________________________________ Notary Public ____________________________________ Printed Name My Commission Expires: __________________ NOTARY SEAL ABOVE OFFER CERTIFICATION By signing and submitting this Bid, the Vendor certifies that: a) It is under no legal prohibition on contracting with the City of Clearwater. b) It has read, understands, and is in compliance with the specifications, terms and conditions stated herein, as well as its attachments, and any referenced documents. c) It has no known, undisclosed conflicts of interest. d) The prices offered were independently developed without consultation or collusion with any of the other respondents or potential respondents or any other anti-competitive practices. e) No offer of gifts, payments or other consideration were made to any City employee, officer, elected official, or consultant who has or may have had a role in the procurement process for the services and or goods/materials covered by this contract. f) It understands the City of Clearwater may copy all parts of this response, including without limitation any documents and/or materials copyrighted by the respondent, for internal use in evaluating respondent’s offer, or in response to a public records request under Florida’s public records law (F.S. 119) or other applicable law, subpoena, or other judicial process; provided that Clearwater agrees not to change or delete any copyright or proprietary notices. g) Respondent hereby warrants to the City that the respondent and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees. h) Respondent certifies that they are not in violation of section 6(j) of the Federal Export Administration Act and not debarred by any Federal or public agency. i) It will provide the materials or services specified in compliance with all Federal, State, and Local Statutes and Rules if awarded by the City. j) It is current in all obligations due to the City. k) It will accept such terms and conditions in a resulting contract if awarded by the City. l) The signatory is an officer or duly authorized agent of the respondent with full power and authority to submit binding offers for the goods or services as specified herein. ACCEPTED AND AGREED TO: Company Name: Signature: Printed Name: Title: Date: REFERENCES Natural Gas – Line Locating Services 35 ITB #08-22 Instructions: Vendor must provide three (3) customer references for work that is similar to the size and scope as outlined, within the past five (5) years, with bid submittal. Complete and return with bid submittal. Reference # 1 Customer Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Phone: Email: Additional Notes: Reference # 2 Customer Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Phone: Email: Additional Notes: Reference # 3 Customer Name: Contract Value: Date Began: Date Completed: Address City / State / Zip Contact Person: Phone: Email: Additional Notes: Vendor Name Date: MAILING LABEL CUT ALONG THE LINE AND AFFIX TO THE FRONT OF YOUR BID CONTAINER Natural Gas – Line Locating Services 36 ITB #08-22 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #08-22, Natural Gas Distribution Main & Service Line Locating Services Due Date: March 3, 2022 at 10:00 A.M. City of Clearwater Attn: Procurement PO Box 4748 Clearwater FL 33758-4748 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED BID Submitted by: Company Name: Address: City, State, Zip: ITB #08-22, Natural Gas Distribution Main & Service Line Locating Services Due Date: March 3, 2022 at 10:00 A.M. ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ City of Clearwater Attn: Procurement 100 S Myrtle Ave 3rd Fl Clearwater FL 33756-5520 Page 1 of 3 Addendum #1 ITB # 08-22: Natural Gas Distribution Main & Service Line Locating Services 2/18/2022 NOTICE IS HEREBY GIVEN that the following addendum serves to provide clarification and to answer the questions received on ITB # 08-22: Natural Gas Distribution Main & Service Line Locating Services. Clarification 1: Section B, Service Requirements, Sub-section ii. Reading this is leading us to believe that the locating vendor must contact and obtain approval for all emergency located requests. Answer to Clarification 1: Approval is required for emergency locate services outside of non-business hours. Question 1: The bid identifies that the Gas and Propane are on GIS maps but also identifies paper maps. Please identify what the paper maps would be required to be used on? Answer to Question 1: The City does not require paper maps to be used and the use of paper maps will be at the discretion of the Vendor. Per Section B. SERVICE REQUIREMENTS (v), maps will be provided online and in paper copy format. Question 2: Does the plastic [pipe] all have tracer wire? Answer to Question 2: While all plastic pipe should have tracer wire installed, Vendor should make allowances where tracer wire discontinuity is possible. Refer to Section B. SERVICE REQUIREMENTS (xv) & (xvi). Question 3: If the Plastic [pipe] doesn’t have tracer wire, how is the plant now being marked or is the locating vendor turning back those type of tickets? Answer to Question 3: Refer to Section B. SERVICE REQUIREMENTS (xi) & (xv). Question 4: [Regarding Hand Shovel or Vacuum Excavate when segments are difficult to locate, repair broken wire segments] How many times did your current vendor have to vacuum excavate? Answer to Question 4: The current vendor has not used vacuum excavation during the term of the current contract. Question 5: [Regarding Hand Shovel or Vacuum Excavate when segments are difficult to locate, repair broken wire segments] Did your vendor charge additional for the vacuum excavation work? If so, what was the fee they charged the city? Answer to Question 5: Reference Answer to Question 4 above. Question 6: [Regarding Hand Shovel or Vacuum Excavate when segments are difficult to locate, repair broken wire segments] Will the locating vendor be required to repair the tracer wire if under the hard surface of a road? Page 2 of 3 Answer to Question 6: The Vendor will not be responsible for repairing tracer wire that is under a road or hard surface but should notify the CGS designated representative(s) to make them aware. However, if the road or hard surface is already open due to other ongoing work then the Vendor is expected to repair the wire. A road will not be cut into for the sole purpose of wire repairs. Question 7: [Regarding Hand Shovel or Vacuum Excavate when segments are difficult to locate, repair broken wire segments] If your vendor has had to excavate and repair the tracer wire in the road, how many times last year did they have to cut into the road to make the repair? Answer to Question 7: Reference Answer to Question 6 above. Question 8: [Regarding Hand Shovel or Vacuum Excavate when segments are difficult to locate, repair broken wire segments] How many times did your vendor have to repair the tracer wire? Answer to Question 8: The current vendor has not had to repair tracer wire during the term of the current contract. Question 9: How Many times in the past year did you charge your current vendor the Liquidated Damage Fee? Answer to Question 9: The City has not charged the current vendor the Liquidated Damage Fee. However, the current vendor has been charged for damages resulting from failure to accurately complete a locate ticket within the scope as outlined in this solicitation. Question 10: [On the Bid Pricing Page regarding Other Services Pricing and Quarter Hour Rate] Please identify how and what services would fall into each of these sections? Answer to Question 10: Reference BID PRICING form, page 28. Question 11: Please provide clarity on how your current vendor is applying these charges for Other Services Pricing and Quarter Hour Rate? Answer to Question 11: The other services pricing and quarter hour rate is typically used when the locate ticket is excessive or part of a large project that requires frequent trips to complete the locate ticket. Question 12: What are the current rates for a regular request? Answer to Question 12: Our current vendor Olameter DPG charges $9.48 for each regular request locate ticket. Question 13: What are the current rates for a short notice request? Answer to Question 13: The City currently pays $9.48 for each short notice request locate ticket. Question 14: What are the current rates for an emergency request? Answer to Question 14: The City currently pays $9.48 for each emergency request locate ticket. Question 15: What are the current rates for the hourly and quarter-hourly rates? Page 3 of 3 Answer to Question 15: The City pays $45.00 for initial hour and $11.25 per quarter hour. End of Questions and Answers All other dates and terms and conditions remain the same in this Invitation to Bid. End of Addenda Page 1 of 3 Addendum #2 ITB # 08-22: Natural Gas Distribution Main & Service Line Locating Services 02/24/2022 NOTICE IS HEREBY GIVEN that the following addendum serves to provide clarification and to answer the questions received on ITB # 08-22, Natural Gas Distribution Main & Service Line Locating Services. Question 1: In the past 3 years, how many at-fault damages did Olameter receive? (Broken down by year) Answer to Question 1: Over the last two (2) years, the City has billed for 22 at-fault damages. Question 2: In the past 3 years, what was the average cost of repair on Gas Service [lines]? Answer to Question 2: The average cost of repair on gas service lines are $800.00/Each. Question 3: In the past 3 years, what was the average cost of repair on Gas Main [lines]? Answer to Question 3: The average cost of repair on gas main lines can vary based on size and pressure of the line. For a two-inch (2”) plastic line, the cost of repair would be $25.00 per foot. Question 4: Will the tickets be sent the direct to the locating vendor from FL811 or will they be pre-screened by Clearwater Gas? Please identify the flow of the utility request ticket? Answer to Question 4: The Vendor will be listed in the Sunshine 811 system as a contractor for CGS. All tickets will be sent to the awarded Vendor’s ticket management system and will be fully executed by the Vendor. Question 5: In Clarification 1 - Approval is required for emergency locate services outside of non-business hours. Please identify how the locating vendor obtains this request from Clearwater Gas at 2:00 in the morning? Is this a verbal approval? Also please identify the procedure that is currently taking place and how it is logged that approval was granted. Answer to Question 5: CGS performs all after hours emergency locates. For the very rare instance that the vendor is asked to perform an emergency locate during non- business hours, the request will be initiated as a phone call for expediting purposes during an emergency and will be followed up with an email. Question 6: In reference to the after-hour emergency pre-approval, if approval is not granted, will Clearwater gas provide contractual language that the locating vendor is released of the liability? Answer to Question 6: Reference Answer to Question 5 above. Question 7: Do we receive notices directly and respond accordingly, or does CGS screen tickets and release to locator? Answer to Question 7: Reference Answer to Question 4 above. Page 2 of 3 Question 8: [Solicitation] says we only work emergency tickets if approved in writing? Does CGS take responsibility of response times for emergency requests? How many emergencies are there during non-business hours? Answer to Question 8: Reference Answer to Question 5 above. Question 9: What is the approval process for work during non-business hours / emergency locate request? Answer to Question 9: Reference Answer to Question 5 above. Question 10: How will the vendor be compensated for shovel or vacuum excavation on pipelines on difficult locates then the repair broken tracer wire segments and also install locate stations? Answer to Question 10: Compensation will be based on the hourly and quarter hourly rates submitted on BID PRICING form, page 28. Question 11: What are compatible communication systems? Answer to Question 11: Email and cellular phone communication are the preferred methods of communication. Question 12: How often is a site visit requested post locate by CGS? Is it 10%, 50 % or potentially 100%? Answer to Question 12: Reference Section B. SERVICE REQUIREMENTS (viii), page 18 of the solicitation. Question 13: How many trouble locate tickets were reported in the past 2 years? Answer to Question 13: There were 30 – 50 trouble locate tickets reported within the last two (2) years. Question 14: Combines locating propane tank systems and tickets passed back for billing. Is CGS requiring or not requiring that propane systems be marked as a part of a ticket? Do the costs of the propane system go back to the locate company to collect from the owner of the propane system, or homeowner? Does your propane system have tracer wire? Answer to Question 14: Propane systems are located from the tank to the second stage regulator. The locate Vendor is working for CGS and is responsible for locating only the CGS system. All customer owned piping downstream of the meter or second stage propane regulator is the responsibility of the property owner and not defined within the scope of 811 work. Question 15: How is the charge back determined for a line that has been passed back? This section references minimal effort but what does this mean? Answer to Question 15: Minimal effort can be explained as properly using the locate equipment and connections or light digging to find a buried wire connection or finding a test station to connect. Question 16: Due to varying volumes of tickets, and a 2 working day requirement to complete notifications (1 day or 3 hours in some cases) all tickets may not be able to be completed within Page 3 of 3 the end of day window. What recourse will the locator have if all tickets can not be completed by the end of day target? Answer to Question 16: Vendor will be expected to continue the following business day. In rare instances, vendor may be asked by CGS to work beyond normal hours due to project deadlines at which point the vendor’s non-business hour rates will apply. It is the contractor’s obligation to have adequate staffing to complete all tickets within the scope of Florida Statute 556. Question 17: Does the daily safety briefing have to be in person or face to face, or would a electronic communication suffice? Answer to Question 17: This is dependent on the Vendor’s established internal safety standards. Question 18: If a locate requires a MOT plan, and the approval for the MOT plan takes 48 hours, does CGS or the locator extend the response time to the request? Answer to Question 18: It is the responsibility of the Vendor to communicate with all parties for any delays. Question 19: What is the approval process for emergency tickets during normal hours and during after-hours? How are these tickets currently being screened? Answer to Question 19: Reference Answer to Question 4 and 5 above. Question 20: What is the average amount of times per year MOT has been called out for traffic control? Answer to Question 20: This will vary. This past year, MOT services were not needed. Reference Section H. TRAFFIC CONTROL AND PEDESRIAN SAFETY (iv), page 21 of the solicitation. Question 21: What is the marked to clear ratio with the ticket volume? Answer to Question 21: Usually, five percent (5%) to ten percent (10%) of all tickets are marked tickets. Please Note: The ten (10) day deadline for submitting questions is now closed and no further questions will be responded to. End of Questions and Answers End of Addenda Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0342 Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.1 SUBJECT/RECOMMENDATION: Approve a Purchase Order to Smith Fence Company, of Clearwater, FL, to provide fencing and related services, in the total not-to-exceed amount of $2,200,000.00 through June 22, 2026, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c), Piggyback, and authorize the appropriate officials to execute same. (consent) SUMMARY: A cooperative bid effort for fencing and related services was issued by Pinellas County and represented the projected requirements for public agencies located throughout the Tampa Bay Region, including the City of Clearwater. Pinellas County Bid Number 21-0031-B-BW was issued in March 2021, to replace Contract No. 178-0122-B, which was authorized by Council on July 19, 2018. The Pinellas County Board of County Commissioners awarded Contract No. 21-0031-B-BW to Smith Fence Company on June 22, 2021, for a five-year term expiring June 22, 2026. Primary utilization of fencing services is by the Parks and Recreation Department for temporary fencing associated with special events, construction projects, and permanent fencing around recreation and athletic facilities. Other city departments utilize fencing services for repairs and project work on an as needed basis. APPROPRIATION CODE AND AMOUNT: Funding for these contracts is available in Fiscal Year 2021/2022 departmental budgets in various operating and capital codes, and will budgeted accordingly in future fiscal years. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 4/27/2022 PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 SEALED BID • DO NOT OPEN SEALED BID NO.: 21-0031-B-BW BID TITLE: Fencing, Gate Operators and Handrails - Tampa Bay Purchasing Cooperative Contract DUE DATE/TIME: April 6, 2021 @ 3:00 p.m. SUBMITTED BY: _____________________ (Name of Company) Please Note: From time to time, addenda may be issued to this bid. Any such addenda will be posted on the same Web site, www.pinellascounty.org/purchase/Current_Bids1.htm , from which you obtained this bid. Before submitting your bid you should check our Web site to download any addenda that may have been issued. Please remember to sign and return Addenda Acknowledgement Form with completed bid package if applicable. 21-0031-B (BW) Page 1 of 37 PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS 400 S. FT. HARRISON AVENUE ANNEX BUILDING – 6TH FLOOR CLEARWATER, FL 33756 INVITATION TO BID ISSUE DATE: March 1, 2021 BID SUBMITTALS RECEIVED AFTER SUBMITTAL DATE & TIME WILL NOT BE CONSIDERED TITLE: Fencing, Gate Operators and Handrails - Tampa Bay Purchasing Cooperative Contract BID NUMBER: 21-0031-B (BW) SUBMITTAL DUE: April 6, 2021 @ 3:00 P.M. AND MAY NOT BE WITHDRAWN FOR 120 DAYS FROM DATE LISTED ABOVE. PRE-BID DATE & LOCATION: NOT APPLICABLE DEADLINE FOR WRITTEN QUESTIONS: March 30, 2021 BY 3:00 P.M. SUBMIT QUESTIONS: ALL QUESTIONS MUST BE SUBMITTED IN PINELLAS EPRO WITHIN THE Q & A TAB. THE MISSION OF PINELLAS COUNTY Pinellas County Government is committed to progressive public policy, superior public service, courteous public contact, judicious exercise of authority and sound management of public resources to meet the needs and concerns of our citizens today and tomorrow. MERRY CELESTE, CPPB Division Director Purchasing and Risk Management BIDDER MUST COMPLETE THE FOLLOWING BIDDERS ARE CAUTIONED THAT THE POLICY OF THE BOARD OF COUNTY COMMISSIONERS, PINELLAS COUNTY, IS TO ACCEPT THE LOWEST RESPONSIBLE BID RECEIVED MEETING SPECIFICATIONS. NO CHANGES REQUESTED BY A BIDDER DUE TO AN ERROR IN PRICING WILL BE CONSIDERED AFTER THE BID OPENING DATE AS ADVERTISED. BY SIGNING THIS PROPOSAL FORM BIDDERS ARE ATTESTING TO THEIR AWARENESS OF THIS POLICY AND ARE AGREEING TO ALL OTHER BID TERMS AND CONDITIONS, INCLUDING ALL INSURANCE REQUIREMENTS. PAYMENT TERMS: ____% ___DAYS, NET 45 (PER F.S. 218.73) *BID DEPOSIT, IF REQUIRED, IS ATTACHED IN THE AMOUNT OF $ _________ BIDDER (COMPANY NAME): _______________________________ D/B/A _____________________________________ MAILING ADDRESS: ______________________________________ CITY / STATE / ZIP ___________________________ COMPANY EMAIL ADDRESS: ______________________________ PHN: (__)__________ FAX: (__)__________ CONTACT NAME: _______________________ *REMIT TO NAME: ________________________________________ (As Shown On Company Invoice) ____________________________________FEIN#_______________ Proper Corporate Identity is needed when you submit your bid, especially how your firm is registered with the Florida Division of Corporations. Please visit www.sunbiz.org for this information. It is essential to return a copy of your W-9 with your bid. Thank you. PRINT NAME: _______________________________ EMAIL ADDRESS: ___________________________ I HEREBY AGREE TO ABIDE BY ALL TERMS AND CONDITIONS OF THIS BID, INCLUDING ALL INSURANCE REQUIREMENTS & CERTIFY I AM AUTHORIZED TO SIGN THIS BID FOR THE BIDDER. AUTHORIZED SIGNATURE: ____________________________ PRINT NAME/TITLE: ________________________________________ FORMS CHECKLIST COPY OF COMPANY INVOICE W-9 (TAXPAYER ID) SEE SECTION F FOR BID PRICING SUMMARY 21-0031-B (BW) Page 2 of 37 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 1. PREPARATION OF BID: Bid will be prepared in accordance with the following: (a) Our enclosed Bid Summary is to be used in submitting your bid. (b) All information required by the Bid Summary shall be furnished. The bidder should print or type his name and manually sign the schedule and each continuation sheet on which an entry is made. (c) Unit prices shall be shown and where there is an error in extension of price, the unit price shall govern. (d) Alternate bids will not be considered unless authorized by the Invitation to Bid. (e) Proposed delivery time must be shown and shall include Sundays and holidays. (f) The County is exempt from all state and federal sales, use, transportation and excise taxes. Taxes of any kind and character, payable on account of the work performed and materials furnished under the award, shall be paid by the bidder and deemed to have been included in the bid. The Laws of the State of Florida provide that sales and use taxes are payable by the bidder upon the tangible personal property incorporated in the work and such taxes shall be paid by the bidder and be deemed to have been included in the bid. (g) Bidders shall thoroughly examine the drawings, specifications, schedule, instructions and all other contract documents. (h) Bidders shall make all investigations necessary to thoroughly inform themselves regarding plant and facilities for delivery of material and equipment as required by the bid conditions. Plea of ignorance by the bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the bidder to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract documents, will not be accepted as a basis for varying the requirements of the County or the compensation to the vendor. (i) Bidders are advised that all County Contracts are subject to all legal requirements provided for in the Purchasing Ordinance and/or State and Federal Statutes. 2. DESCRIPTION OF SUPPLIES: (a) Any manufacturer's names, trade names, brand name, or catalog numbers used in specifications are for the purpose of describing and establishing general quality levels. SUCH REFERENCES ARE NOT INTENDED TO BE RESTRICTIVE. Bids will be considered for all brands which meet the quality of the specifications listed for any items. (b) Bidders are required to state exactly what they intend to furnish, otherwise they shall be required to furnish the items as specified. (c) Bidders will submit, with their proposal, data necessary to evaluate and determine the quality of the item(s) they are bidding. 3. ALTERNATES: Unless otherwise provided in an Invitation to Bid or Request for Proposals, ALTERNATIVES may be included in the plans, specifications, and/or proposals. When included, the Bidder or Offerer shall indicate on the proposal the cost of said alternate and sum to be deducted or added to the Base Bid. Such alternates may or may not be accepted by the County. If approved, it is at the County’s discretion to accept said alternate(s) in any sequence or combination therein. 4. SUBMISSION OF BID: (a) Bids or proposals shall be submitted utilizing Pinellas ePro procurement website. Failure to comply could result in the bid or proposal being rejected. (b) Bid must be submitted on the forms furnished. Emails and facsimile bids will not be considered. The County reserves the right to modify the Bid Proposal by emails and facsimile notice. 5. REJECTION OF BID: (a) The County may reject a bid if: 1. The bidder misstates or conceals any material fact in the bid. 2. The bid does not strictly conform to the law or requirements of bid, including insurance requirements. 3. The bid is conditional, except that the bidder may qualify his bid for acceptance by the County on an "all or none" basis, or a "low item" basis. An "all or none" basis bid must include all items upon which the bid was invited. (b) The respective constitutional officer, county administrator on behalf of the board of county commissioners or within his/her delegated financial approval authority, or director of purchasing, within his/her delegated financial approval authority shall have the authority when the public interest will be served thereby to reject all bids or parts of bids at any stage of the procurement process through the award of a contract. (c) The County reserves the right to waive minor informalities or irregularities in any bid. 21-0031-B (BW) Page 3 of 37 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 6. WITHDRAWAL OF BID: (a) Bid may not be withdrawn after the time set for the bid submittal for a period of time as specified. (b) Bid may be withdrawn prior to the time set for the bid submittal. Such request must be in writing. 7. LATE BID OR MODIFICATIONS: (a) Bid and modifications received after the time set for the bid submittal will not be considered. This upholds the integrity of the bidding process. (b) Modifications in writing received prior to the time set for the bid submittal will be accepted. 8. PUBLIC REVIEW AT BID OPENING: Pursuant to Florida Statute, Section 119.071(1)(b)2, all bids submitted shall be subject to review as public records after 30 days from opening, or earlier if an intended decision is reached before the thirty day period expires. Unless a specific exemption exists, all documents submitted will be released pursuant to a valid public records request. All trade secrets claims shall be dispositively determined by a court of law prior to trade secret protection being granted. 9. BID TABULATION INQUIRIES: Inquiries relating to the results of this bid, prior to the official bid award by the Pinellas County Board of County Commissioners may be made by visiting Pinellas ePro or calling the Purchasing Office. Tabulations will be posted on the Purchasing Website (www.pinellascounty.org/purchase/Current_Bids1.htm) after 30 days to comply with Florida Statute, Section 119.071(1)(b)2. 10. AWARD OF CONTRACT: (a) The contract will be awarded to the lowest responsive, responsible bidder whose bid, conforming to the Invitation to Bid, is most advantageous to Pinellas County, price and other factors considered. For Invitation to Bid for Sale of Real or Surplus Property, award will be made to the highest and most advantageous bid including price and other factors considered. (b) The County reserves the right to accept and award item by item, and/or by group, or in the aggregate, unless the bidder qualifies his bid by specified limitations. See Rejection of Bids. (c) If two or more bids received are for the same total amount or unit price, or in the case of proposals, the qualifications, quality and service are equal, the contract shall be awarded to the local bidder/proposer. A local firm is defined as a firm with headquarters in geographical Pinellas County. Headquarters shall mean the office location that serves as the administrative center and principal place of business. If two or more bids received are for the same total amount or unit price or in the case of proposals, the qualifications, quality and service are equal and no firms are deemed local, then the contract shall be awarded by drawing lots in public. (d) Prices quoted must be FOB Pinellas County with all transportation charges prepaid unless otherwise specified in the Invitation to Bid. (e) A written award of acceptance (Purchase Order), mailed or otherwise furnished to the successful bidder, shall result in a binding contract without further action by either party. 11. BIDS FROM RELATED PARTIES OR MULTIPLE BIDS RECEIVED FROM ONE VENDOR: Where two (2) or more related parties each submit a bid or proposal or multiple bids are received from one (1) vendor, for any contract, such bids or proposals shall be judged non-responsive. Related parties mean bidders or proposers or the principles thereof, which have a direct or indirect ownership interest in another bidder or proposer for the same contract or in which a parent company or the principles thereof of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same contract. 21-0031-B (BW) Page 4 of 37 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 12. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: The laws of the State of Florida apply to any purchase made under this Invitation to bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this bid and subsequent contract(s) including but not limited to Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, Equal Employment Opportunity (EEO), Minority Business Enterprise (MBE), and OSHA as applicable to this contract. 13. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, and municipalities the bid prices submitted in accordance with said bid terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Florida agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 14. COLLUSION: The bidder, by affixing his signature to this proposal, agrees to the following: "Bidder certifies that his bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a bid for the same item(s) and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action". 15. CONTRACTOR LICENSE REQUIREMENT: All contractors performing construction and related work in Pinellas County must comply with our regulatory legislation, Chapter 75-489, Laws of Florida, as amended. Failure to have a competency license in a regulated trade will be cause for rejection of any bid and/or contract award. 16. SAFETY DATA SHEETS REQUIREMENTS: If any chemicals, materials, or products containing toxic substances, in accordance with OSHA Hazardous Communications Standards, are contained in the products purchased by the County as a result of this bid, the successful bidder shall provide a Safety Data Sheet at the time of each delivery. 17. RIGHT TO AUDIT: Pinellas County reserves the privilege of auditing a vendor's records as such records relate to purchases between Pinellas County and said vendor. Such audit privilege is provided for within the text of the Pinellas County Code §2- 176(j). Records should be maintained for five (5) years from the date of final payment. 18. PUBLIC ENTITY CRIME AND SCRUTINIZED COMPANIES: Contractor is directed to the Florida Public Entity Crime Act, Fla. Stat. 287.133, and Fla. Stat. 287.135 regarding Scrutinized Companies, and Contractor agrees that its bid and, if awarded, its performance of the agreement will comply with all applicable laws including those referenced herein. Contractor represents and certifies that Contractor is and will at all times remain eligible to bid for and perform the services subject to the requirements of these, and other applicable, laws. Contractor agrees that any contract awarded to Contractor will be subject to termination by the County if Contractor fails to comply or to maintain such compliance. 19. COUNTY INDEMNIFICATION: a) The first ten dollars ($10) of compensation received by the contractor pursuant to this contract represents specific consideration for the following indemnification: contractor shall indemnify, pay the cost of defense, including attorneys' fees, and hold harmless the County from all suits, actions or claims of any character brought on account of any injuries or damages received or sustained by any person, persons or property by or from the said contractor; or by, or in consequence of any neglect in safeguarding the work; or through the use of unacceptable materials in the construction of improvements; or by, or on account of any act or omission, neglect or misconduct of the said contractor; or by, or on account of, any claim or amounts recovered under the "Workers' Compensation Law" or of any other laws, by-laws, ordinance, order or decree, except only such injury or damage as shall have been occasioned by the sole negligence of the County. 21-0031-B (BW) Page 5 of 37 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 b) Unless specifically prohibited by Florida Law, the successful bidder(s) agrees to indemnify the County and hold it harmless from and against all claims, liability, loss, damage or expense, including counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the County. c) The duty to defend under this Article is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the CONSULTANT, the COUNTY and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to the CONSULTANT. The CONSULTANT’S obligation to indemnify and defend under this Article will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the COUNTY or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 20. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in Section A apply to this contract except as specifically stated in the subsequent sections of the document, which take precedence over Section A, and should be fully understood by bidders prior to submitting a bid on this requirement. 21. ADA REQUIREMENT FOR PUBLIC NOTICES: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 727/464-4062 (voice/tdd) fax 727/464-4157, not later than seven days prior to the proceeding. 22. "OR EQUAL" DETERMINATION: Where bidding other than specified, the determination of equivalency will be at the sole discretion of Pinellas County and its specialized person. 23. INSURANCE: Notice: The Contractor/Vendor must provide a certificate of insurance and endorsement in accordance with the insurance requirements listed below (Section C). Failure to provide the required insurance within a ten (10) day period following the determination or recommendation of lowest responsive, responsible bidder may result in the County to vacate the original determination or recommendation and proceed with recommendation to the second lowest, responsive, responsible bidder. 24. PROCUREMENT POLICY FOR RECYCLED MATERIALS: Pinellas County wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the County and that such a policy will serve as a model for other public entities and private sector companies. When awarding a purchase of $5,000 or less, or recommending a purchase in excess of $5,000 for products, materials, or services, the Director of Purchasing may allow a preference to a responsive bidder who certifies that their product or material contains the greatest percentage of postconsumer material. If they are bidding on paper products they must certify that their materials and/or products contain at least the content recommended by the EPA guidelines. On all bids over fifty thousand dollars ($50,000) and formal quotes under fifty thousand dollars ($50,000), or as required by law, the Director of Purchasing shall require vendors to specify which products have recycled materials, what percentage or amount is postconsumer material, and to provide certification of the percentages of recycled materials used in the manufacture of goods and commodities procured by the County. Price preference is not the preferred practice the County wishes to employ in meeting the goals of this resolution. If a price preference is deemed to serve the best interest of the County and further supports the purchase of recycled materials, the Director of Purchasing will make a recommendation that a price preference be allowed up to an amount not to exceed 10% above the lowest complying bid received. 21-0031-B (BW) Page 6 of 37 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 DEFINITIONS: Recovered Materials: Materials that have recycling potential, can be recycled, and have been diverted or removed from the solid waste stream for sale, use or reuse, by separation, collection, or processing. Recycled Materials: Materials that contain recovered materials. This term may include internally generated scrap that is commonly used in industrial or manufacturing processes, waste or scrap purchased from another manufacturer and used in the same or a closely related product. Postconsumer Materials: Materials which have been used by a business or a consumer and have served their intended end use, and have been separated or diverted from the solid waste stream for the purpose of recycling, such as; newspaper, aluminum, glass containers, plastic containers, office paper, corrugated boxes, pallets or other items which can be used in the remanufacturing process. 25. ASBESTOS MATERIALS: The contractor shall perform all work in compliance with Federal, State and local laws, statutes, rules, regulations and ordinances, including but not limited to the Department of Environmental Protection (DEP)'s asbestos requirements, 40 CFR Part 61, Subpart M, and OSHA Section 29 CFR 1926.58. Additionally, the contractor shall be properly licensed and/or certified for asbestos removal as required under Federal, State and local laws, statutes, rules, regulations and ordinances. The County shall be responsible for filing all DEP notifications and furnish a copy of the DEP notification and approval for demolition to the successful contractor. The County will furnish a copy of the asbestos survey to the successful bidder. The contractor must keep this copy on site at all times during the actual demolition. 26. PAYMENT/INVOICES: SUPPLIER shall submit invoices for payment due as provided herein with such documentation as required by Pinellas County and all payments shall be made in accordance with the requirements of Section 218.70 et. seq, Florida Statutes, “The Local Government Prompt Payment Act.” Invoices shall be submitted to the address below unless instructed otherwise on the purchase order, or if no purchase order, by the ordering department: Finance Division Accounts Payable Pinellas County Board of County Commissioners P. O. Box 2438 Clearwater, FL 33757 Each invoice shall include, at a minimum, the Supplier’s name, contact information and the standard purchase order number. In order to expedite payment, it is recommended the Supplier also include the information shown in below. The County may dispute any payments invoiced by SUPPLIER in accordance with the County’s Dispute Resolution Process for Invoiced Payments, established in accordance with Section 218.76, Florida Statutes, and any such disputes shall be resolved in accordance with the County’s Dispute Resolution Process. INVOICE INFORMATION: Supplier Information Company name, mailing address, phone number, contact name and email address as provided on the PO Remit To Billing address to which you are requesting payment be sent Invoice Date Creation date of the invoice Invoice Number Company tracking number Shipping Address Address where goods and/or services were delivered Ordering Department Name of ordering department, including name and phone number of contact person PO Number Standard purchase order number Ship Date Date the goods/services were sent/provided 21-0031-B (BW) Page 7 of 37 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 Quantity Quantity of goods or services billed Description Description of services or goods delivered Unit Price Unit price for the quantity of goods/services delivered Line Total Amount due by line item Invoice Total Sum of all of the line totals for the invoice Pinellas County offers a credit card payment process (ePayables) through Bank of America. Pinellas County does not charge vendors to participate in the program; however, there may be a charge by the company that processes your credit card transactions. For more information please visit Pinellas County purchasing website at www.pinellascounty.org/purchase. 27. TAXES: Payments to Pinellas County are subject to applicable Florida taxes. 28. TERMINATION: (a) Pinellas County reserves the right to terminate this contract without cause by giving thirty (30) days prior notice to the contractor in writing of the intention to terminate or with cause if at any time the contractor fails to fulfill or abide by any of the terms or conditions specified. (b) Failure of the contractor to comply with any of the provisions of this contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of Pinellas County. (c) In the event sufficient budgeted funds are not available for a new fiscal period, the County shall notify the vendor of such occurrence and contract shall terminate on the last day of current fiscal period without penalty or expense to the County. (d) In addition to all other legal remedies available to Pinellas County, Pinellas County reserves the right to terminate and obtain from another source, any items/services which have not been delivered within the period of time stated in the proposal, or if no such time is stated, within a reasonable period of time from the date of order as determined by Pinellas County. 29. BIDDER CAPABILITY/REFERENCES: Prior to contract award, any bidder may be required to show that the company has the necessary facilities, equipment, ability and financial resources to perform the work specified in a satisfactory manner and within the time specified. In addition, the company must have experience in work of the same or similar nature, and can provide references, which will satisfy the County. Bidders must furnish a reference list of at least four (4) customers for whom they have performed similar services (SEE SECTION D). 30. DELIVERY/CLAIMS: Prices quoted shall be F.O.B. Destination, FREIGHT INCLUDED and unloaded to location(s) within Pinellas County. Actual delivery address(es) shall be identified at time of order. Successful bidder(s) will be responsible for making any and all claims against carriers for missing or damaged items. 31. MATERIAL QUALITY: All materials purchased and delivered against this contract will be of first quality and not damaged and/or factory seconds. Any materials damaged or not in first quality condition upon receipt will be exchanged within twenty-four (24) hours of notice to the Contractor at no charge to the County. 32. WRITTEN REQUESTS FOR INTERPRETATIONS/CLARIFICATIONS: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid/proposal must be sent in writing (electronically) to the Purchasing Department and received by the date specified in ITB. Responses to questions may be handled as an addendum if the response would provide clarification to requirements of the bid. All such addenda shall become part of the contract documents. The County will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. The Purchasing Department will be unable to respond to questions received after the specified time frame. 21-0031-B (BW) Page 8 of 37 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 33. ASSIGNMENT/SUBCONTRACTING/CORPORATE ACQUISITIONS AND/OR MERGERS: The Contractor shall perform this contract. If a bidder intends to subcontract a portion of this work, the bidder must disclose that intent in the bid. No assignment or subcontracting shall be allowed without prior written consent of the County. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the County within thirty (30) business days of Contractor’s notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the County, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the County awarding a bid to a bidder, which has disclosed its intent to assign or subcontract in its response to the ITB, without exception shall constitute approval for purposes of this Agreement. The Contractor must inform the County in writing within forty-five (45) business days if the Contractor’s business entity’s name changes. The Contractor will bear all responsibility and waive any rights it may have to relief for any delay in processing a payment associated with the County’s inability to issue payment to the Contractor for a business entity name change that the County was not made aware of as reflected herein. 34. EXCEPTIONS: Contractor is advised that if it wishes to take exception to any of the terms contained in this Bid or the attached service agreement it must identify the term and the exception in its response to the Bid. Failure to do so may lead County to declare any such term non-negotiable. Contractor's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. 35. NON-EXCLUSIVE CONTRACT: Award of this Contract shall impose no obligation on the County to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The County specifically reserves the right to concurrently contract with other companies for similar work if it deems such action to be in the County's best interest. In the case of multiple-term contracts, this provision shall apply separately to each term. 36. PUBLIC RECORDS/TRADE SECRETS: Pinellas County Government is subject to the Florida Public Records law (Chapter 119, Florida Statutes), and all documents, materials, and data submitted to any solicitation as part of the response are governed by the disclosure, exemption and confidentiality provisions relating to public records in Florida Statutes. Except for materials that are “trade secrets” or “confidential” as defined by applicable Florida law, ownership of all documents, materials, and data submitted in response to the solicitation shall belong exclusively to the County. To the extent that Proposer/Bidder/Quoter desires to maintain the confidentiality of materials that constitute trade secrets pursuant to Florida law, trade secret material submitted must be identified by some distinct method that the materials that constitute a trade secret, and Proposer/Bidder/Quoter shall provide an additional copy of the proposal/bid/quote that redacts all designated trade secrets. By submitting materials that are designated as trade secrets and signature of the Proposer/Bidder/Quoter Signature Page, Proposer/Bidder/Quoter acknowledges and agrees: (i) that after notice from the County that a public records request has been made for the materials designated as a trade secret, the Proposer/Bidder/Quoter shall be solely responsible for defending its determination that submitted material is a trade secret that is not subject to disclosure at its sole cost, which action shall be taken immediately, but no later than 10 calendar days from the date of notification or Proposer /Bidder/Quoter will be deemed to have waived the trade secret designation of the materials; (ii) that to the extent that the proposal/bid/quote with trade secret materials is evaluated, the County and it officials, employees, agents, and representatives in any way involved in processing, evaluating, negotiating contract terms, approving any contract based on the proposal/bid/quote, or engaging in any other activity relating to the competitive selection process are hereby granted full rights to access, view, consider, and discuss the materials designated as trade secrets through the final contract award; (iii) to indemnify and hold the County, and its officials, employees, agents and representatives harmless from any actions, damages (including attorney’s fees and costs), or claims arising from or related to the designation of trade secrets by the Proposer/Bidder/Quoter, including actions or claims arising from the County’s non-disclosure of the trade secret materials. (iv) that information and data it manages as part of the services may be public record in accordance with Chapter 119, Florida Statues and Pinellas County public record policies. Proposer/Bidder/Quoter agrees prior to providing goods/services it will implement policies and procedures to maintain, produce, secure and retain public records in accordance with applicable laws, regulations, and County Policies, which are subject to approval by the County, including but limited to the Section 119.0701, Florida Statues. 21-0031-B (BW) Page 9 of 37 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 Notwithstanding any other provision in the solicitation, the classification as trade secret of the entire proposal/bid/quote document, line item and/or total proposal/bid/quote prices, the work, services, project, goods, and/or products to be provided by Proposer/Bidder/Quoter, or any information, data, or materials that may be part of or incorporated into a contract between the County and the Proposer/Bidder/Quoter is not acceptable to the County and will result in a determination that the proposal/bid/quote is nonresponsive; the classification as trade secret of any other portion of a proposal/bid/quote document may result in a determination that the proposal/bid/quote is nonresponsive. 37. LOBBYING: Lobbying shall be prohibited on all County competitive selection processes and purchasing contract awards pursuant to this division, including, but not limited to, requests for proposals, requests for quotations, requests for qualifications, bids or the award of purchasing contracts of any type. The purpose of this prohibition is to protect the integrity of the procurement process by shielding it from undue influences prior to the contract award, or the competitive selection process is otherwise concluded. However, nothing herein shall prohibit a prospective bidder/proposer/protestor from contacting the Purchasing Department or the county attorney's office to address situations such as clarification and/or pose questions related to the procurement process. Lobbying of evaluation committee members, County government employees, elected/appointed officials, or advisory board members regarding requests for proposals, requests for quotations, requests for qualifications, bids, or purchasing contracts, by the bidder/proposer, any member of the bidder's/proposer's staff, any agent or representative of the bidder/proposer, or any person employed by any legal entity affiliated with or representing a bidder/proposer/protestor, is strictly prohibited from the date of the advertisement, or on a date otherwise established by the Board, until either an award is final, or the competitive selection process is otherwise concluded. Any lobbying activities in violation of this section by or on behalf of a bidder/proposer shall result in the disqualification or rejection of the proposal, quotation, statement of qualification, bid or contract. For purposes of this provision, "lobbying" shall mean influencing or attempting to influence action or non-action, and/or attempting to obtain the goodwill of persons specified herein relating to the selection, ranking, or contract award in connection with any request for proposal, request for quotation, request for qualification, bid or purchasing contract through direct or indirect oral or written communication. The final award of a purchasing contract shall be the effective date of the purchasing contract. Any evaluation committee member, County government employee, elected/appointed official, or advisory board member who has been lobbied shall immediately report the lobbying activity to the Director. 38. ADDITIONAL REQUIREMENTS: The County reserves the right to request additional goods or services relating to this Agreement from the Contractor. When approved by the County as an amendment to this Agreement and authorized in writing, the Contractor shall provide such additional requirements as may become necessary. 39. ADD/DELETE LOCATIONS SERVICES: The County reserves the right to unilaterally add or delete locations/services, either collectively or individually, at the County’s sole option, at any time after award has been made as may be deemed necessary or in the best interests of the County. In such case, the contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 40. INTEGRITY OF BID DOCUMENTS: Bidders shall use the original Bid Form(s) provided by the Purchasing Department and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the Bid Form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original bid documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of a bid. Any such modifications or alterations a bidder wishes to propose must be clearly stated in the bidder’s proposal response and presented in the form of an addendum to the original bid documents. 21-0031-B (BW) Page 10 of 37 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 41. PUBLIC EMERGENCIES: It is hereby made a part of this bid that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of God that Pinellas County shall require a “First Priority” for goods and services. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the County. Vendor/contractor agrees to rent/sell/lease all goods and services to the County or governmental entities on a “first priority” basis. The County expects to pay a fair and reasonable price for all products and services rendered or contracted in the event of a disaster, emergency, hurricane, tornado or other acts of God. 42. JOINT VENTURES: All Bidders intending to submit a bid as a Joint Venture are required to have filed proper documents with the Florida Department of State, the Division of Professions, Construction Industry Licensing Board and any other state or local licensing Agency prior to submitting the bid (see Section 489.119 Florida Statutes). Joint Venture Firms must provide an affidavit attesting to the formulation of a joint venture and provide either proof of incorporation as a joint venture or a copy of the formal joint venture Agreement between all joint venture parties, indicating their respective roles, responsibilities and levels of participation for the project. 43. CONFLICT OF INTEREST: a) The Bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder. The Bidder further represents that no person having any such interest shall be employed by him/her during the agreement term and any extensions. In addition, the Bidder shall not offer gifts or gratuities to County Employees as County Employees are not permitted to accept gifts or gratuities. By signing this bid document, the Bidder acknowledges that no gifts or gratuities have been offered to County Employees or anyone else involved in this competitive invitation to bid process. b) The Bidder shall promptly notify the County’s representative, in writing, by certified mail, of all potential conflicts of interest for any prospective business association, interest, or other circumstance, which may influence or appear to influence the Contractor’s judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Bidder may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Bidder. The County agrees to notify the Bidder of its opinion, by certified mail, within thirty days of receipt of notification by the Bidder. c) It is essential to government procurement that the process be open, equitable and ethical. To this end, if potential unethical practices including but not limited to collusion, receipt or solicitation of gifts and conflicts of interest (direct/indirect) etc. are observed or perceived, please report such activity to: Pinellas County Clerk of Circuit Court – Division of Inspector General Phone – (727) 45FRAUD (453-7283) Fax – 727-464-8386 21-0031-B (BW) Page 11 of 37 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 44. PROTEST PROCEDURE: As per Section 2-162 of County Code (a) Right to Protest. A Vendor who is aggrieved by the contents of the bid or proposal package, or a Vendor who is aggrieved in connection with the recommended award on a bid or proposal solicitation, may file a written protest to the Director, as provided herein. This right to protest is strictly limited to those procurements of goods and/or services solicited through invitations to bid or requests for proposals, including solicitations pursuant to F.S. § 287.055, the "Consultants' Competitive Negotiation Act." No other actions or recommendations in connection with a solicitation can be protested, including: (i) requests for quotations, negotiations, qualifications or letters of interest; (ii) rejection of some, all or parts of bids or proposals; (iii) disqualification of bidders or proposers as non-responsive or non-responsible; or (iv) recommended awards less than the mandatory bid or proposal amount. Protests failing to comply with the provisions of this section shall not be reviewed. (b) Posting. The Purchasing Department shall post the recommended award on or through the departmental website. (c) Requirements to Protest. (1) If the protest relates to the content of the bid or proposal package, a formal written protest must be filed no later than 5:00 p.m. EST on the fifth full Business Day after issuance of the bid or proposal package. (2) If the protest relates to the recommended award of a bid or proposal, a formal written protest must be filed no later than 5:00 p.m. EST on the fifth full Business Day after posting of the award recommendation. (3) The formal written protest shall identify the protesting party and the solicitation involved; include a statement of the grounds on which the protest is based; refer to the statutes, laws, ordinances or other legal authorities which the protesting party deems applicable to such grounds; and specifically request the relief to which the protesting party deems itself entitled by application of such authorities to such grounds. (4) A formal written protest is considered filed with the County when the Purchasing Department receives it. Accordingly, a protest is not timely filed unless it is received within the time specified above by the Purchasing Department. Failure to file a formal written protest within the time period specified shall constitute a waiver of the right to protest and result in relinquishment of all rights to protest by the bidder or proposer. (d) Sole Remedy. These procedures shall be the sole remedy for challenging the content of the bid or proposal package or the recommended award. (e) Lobbying. Protestors and anyone acting on their behalf, are prohibited from attempts to influence, persuade, or promote a bid or proposal protest through any other channels or means, and contacting any County official, employee, advisory board member, or representative to discuss any matter relating in any way to the solicitation being protested, other than the Purchasing Department's or county attorney's office to address situations such as clarification and/or pose questions related to the procurement process. The prohibitions provided for herein shall begin with the filing of the protest and end upon the final disposition of the protest; provided, however, at all times protestors shall be subject to the procurement lobbying prohibitions in section 2-189 of this Code. Failure to adhere to the prohibitions herein shall result in the rejection of the protest without further consideration. (f) Time Limits. The time limits in which protests must be filed as specified herein may be altered by specific provisions in the bid or proposal. (g) Authority to Resolve. The Director shall resolve the protest in accordance with the documentation and applicable legal authorities and shall issue a written decision to the protestor no later than 5:00 p.m. EST on the tenth full Business Day after the filing thereof. (h) Review of Director's Decision. (1) The protesting party may request a review of the Director's decision to the county administrator by delivering written request for review of the decision to the Director by 5:00 p.m. EST on the fifth full Business Day after the date of the written decision. The written notice shall include any materials, statements, and arguments which the bidder or proposer deems relevant to the issues raised in the request to review the decision of the Director. (2) The county administrator shall issue a decision in writing stating the reason for the action with a copy furnished to the protesting party no later than 5:00 p.m. EST on the seventh full Business Day after receipt of the request for review. The decision shall be final and conclusive as to the County unless a party commences action in a court of competent jurisdiction. (i) Stay of Procurement During Protests. There shall be no stay of procurement during protests. 21-0031-B (BW) Page 12 of 37 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 45. DISPUTE RESOLUTION FOR PINELLAS COUNTY BOARD OF COUNTY COMMISSIONERS IN MATTERS OF INVOICE PAYMENTS: Payment of invoices for work performed for Pinellas County Board of County Commissioners (County) is made, by standard, in arrears in accordance with Section 218.70, et. seq., Florida Statutes, the Local Government Prompt Payment Act. If a dispute should arise as a result of non-payment of a payment request or invoice the following Dispute Resolution process shall apply: A. Pinellas County shall notify a vendor in writing within ten (10) days after receipt of an improper invoice, that the invoice is improper. The notice should indicate what steps the vendor should undertake to correct the invoice and resubmit a proper invoice to the County. The steps taken by the vendor shall be that of initially contacting the requesting department to validate their invoice and receive a sign off from that entity that would indicate that the invoice in question is in keeping with the terms and conditions of the agreement. Once sign off is obtained, the vendor should then resubmit the invoice as a “Corrected Invoice” to the requesting department which will initiate the payment timeline. 1 Requesting department for this purpose is defined as the County department for whom the work is performed. 2 Proper invoice for this purpose is defined as an invoice submitted for work performed that meets prior agreed upon terms or conditions to the satisfaction of Pinellas County. B. Should a dispute result between the vendor and the County about payment of a payment request or an invoice then the vendor should submit their dissatisfaction in writing to the Requesting Department. Each Requesting Department shall assign a representative who shall act as a “Dispute Manager” to resolve the issue at departmental level. C. The Dispute Manager shall first initiate procedures to investigate the dispute and document the steps taken to resolve the issue in accordance with section 218.76 Florida Statutes. Such procedures shall be commenced no later than forty-five (45) days after the date on which the payment request or invoice was received by Pinellas County, and shall not extend beyond sixty (60) days after the date on which the payment request or invoice was received by Pinellas County. D. The Dispute Manager should investigate and ascertain that the work, for which the payment request or invoice has been submitted, was performed to Pinellas County’s satisfaction and duly accepted by the Proper Authority. Proper Authority for this purpose is defined as the Pinellas County representative who is designated as the approving authority for the work performed in the contractual document. The Dispute Manager shall perform the required investigation and arrive at a solution before or at the sixty (60) days timeframe for resolution of the dispute, per section 218.76, Florida Statutes. The County Administrator or his or her designee shall be the final arbiter in resolving the issue before it becomes a legal matter. The County Administrator or his or her designee will issue their decision in writing. E. Pinellas County Dispute Resolution Procedures shall not be subject to Chapter 120 of the Florida Statutes. The procedures shall also, per section 218.76, Florida Statutes, not be intended as an administrative proceeding which would prohibit a court from ruling again on any action resulting from the dispute. F. Should the dispute be resolved in the County’s favor interest charges begin to accrue fifteen (15) days after the final decision made by the County. Should the dispute be resolved in the vendor’s favor the County shall pay interest as of the original date the payment was due. G. For any legal action to recover any fees due because of the application of sections 218.70 et. seq., Florida Statutes, an award shall be made to cover court costs and reasonable attorney fees, including those fees incurred as a result of an appeal, to the prevailing party If it is found that the non-prevailing party held back any payment that was the reason for the dispute without having any reasonable lawful basis or fact to dispute the prevailing party’s claim to those amounts. 21-0031-B (BW) Page 13 of 37 SECTION A - GENERAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 46. PUBLIC RECORDS – CONTRACTOR’S DUTY 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 Pinellas County Board of County Commissioners, Purchasing Department, Operations Manager custodian of public records at 727-464-3311, purchase@pinellascounty.org, Pinellas County Government, Purchasing Department, Operations Manager, 400 S. Ft. Harrison Ave, 6th Floor, Clearwater, FL 33756. 21-0031-B (BW) Page 14 of 37 SECTION B - SPECIAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 Bid Title: Fencing, Gate Operators and Handrails - Tampa Bay Purchasing Cooperative Contract Bid Number: 21-0031-B-BW 1. INTENT – COOPERATIVE BID: This is a cooperative bid for the purpose of establishing a contract for labor, materials, and equipment for fencing, gate operators, and handrails to order on an as needed basis by, but not limited to, the following participants: City of Clearwater City of Dunedin City of Pinellas Park City of St. Petersburg City of Tarpon Springs Hillsborough County Aviation Authority Pinellas County School Board Pinellas County Board of County Commissioners Award shall be consistent among all of the above agency participants, but each entity shall make their own award. Each participating agency may execute its own contract with the successful bidder in accordance with its respective purchasing policies and procedures. Each participating agency will be responsible for issuing its own purchase order(s), and for order placement. 2. GRANT REQUIREMENTS: If grant funding is required, Contractor shall comply with the clauses as enumerated in Attachments A, B and C. In addition, Attachment B shall be executed and returned with the bid submittal. Bidder may be deemed non-responsive for non-compliance and failure to submit executed Attachment B. 3. QUANTITIES: Quantities stated are an estimate only and no guarantee is given or implied as to quantities that will be used during the contract period. Estimated quantities are based upon previous use and/or anticipated needs. 4. PRICING/PERIOD OF CONTRACT: Unit prices bid of listed items shall be held firm for the duration of the contract. Duration of the contract shall be for a period of sixty (60) months from the date of contract award and any extension thereof. 5. TERM EXTENSION(S) OF CONTRACT The contract may be extended subject to written notice of agreement from the County and the successful bidder(s) for an additional twenty-four (24) month period beyond the primary contract period. Term extensions will allow for price adjustments (Decrease/Increase) in an amount not to exceed the average of the Consumer Price Index (CPI) for all Urban Consumers, Series Id: CUUR0000SA0, Not Seasonally Adjusted, Area: U.S. city average, Item: All items, Base Period: 1982-84=100 for the twelve months prior to extension completed four months prior to the extension date. The extension shall be exercised only if all terms and conditions remain the same and the County Administrator or Director of Purchasing grants approval. It is the vendor’s responsibility to request any pricing adjustment under this provision. For any adjustment to commence on the first day of any exercised extension period, the vendor’s request for adjustment should be submitted at time of the extension request from the County. The vendor adjustment request should not be in excess of the relevant pricing index change. If no adjustment request is received from the vendor, the County will assume the vendor has agreed that the extension term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new extension period may not be considered. 6. PURCHASES AT LOWER PRICING: If an item is found during the course of the contract, at a lower price than that awarded by the bid, then the bidder shall extend the lower pricing to the County or the County may purchase that item for the lower price from another provider. The County will provide proof that the lower price is offered by another provider. If the successful contractor(s) lowers their pricing during the term of the contract, the successful contractor(s) shall automatically furnish the lower price to the County without prompting. 7. PRE-COMMENCEMENT MEETING: Upon award of bid, the County will coordinate a pre-commencement meeting with the successful Contractor. The meeting will require Contractor and the County Representative to review specific contract details and deliverable documents at this meeting to ensure the scope of work and work areas are understood. 21-0031-B (BW) Page 15 of 37 SECTION B - SPECIAL CONDITIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 8. PERMITS, FEES AND COSTS IMPOSED BY PINELLAS COUNTY TO BE OBTAINED BY AND/OR BORNE BY CONTRACTOR: The Contractor is responsible for (1) determining and paying any fees that may be necessary to perform this contract and (2) determining and acquiring any and all permits and licenses required by any Federal, State or local government entity, agency or board that may be necessary to perform this contract. The Contractor shall maintain any and all permits and licenses required to complete this contract. 9. WORKSITE SANITATION: At the end of each workday, the contractor shall remove from the premises the daily accumulation of waste materials or rubbish caused by his operations. Safety hazards will be immediately corrected by the contractor. The contractor is also responsible for ensuring that any subcontractor hired by him or his subcontractors totally cleanup the worksite at the completion of the work. If the contractor fails to clean up at the completion of the work, the County may do so and deduct the cost of such cleanup from the contractor's most current invoice. The contractor will not be responsible for cleaning up debris left by the County's employees, the public utilizing other areas in the vicinity of the worksite, or left by other contractors. 10. SUBMISSION OF BIDS: The preferred method is PDF conversion from your source files (to minimize file size and maximize quality and accessibility) rather than scanning. Instructions for Providing Files in PDF Format to Pinellas County Government A. How do I convert my files to PDF format? Answer- If you have a program such as Adobe Acrobat, creating a PDF of any file is a simple print function. Rather than printing to a traditional printer, the file converts to a PDF format copy of your original. Any program (such as Word, PowerPoint, Excel, etc.) can be converted this way by simply selecting the print command and choosing PDF as the printer. B. Should I scan everything and save as PDF? Answer- Not unless you are scanning with OCR (optical character recognition). Scanning will create unnecessarily large files because a scan is just a picture of a page rather than actual page text. Furthermore, the result of scanning is that your pages will not look nearly as “clean” or professional as simply using the print to PDF method from the program from which the file originates. Additionally, since scan pages are pictures of text, not really text, they may not be considered accessible* under Federal ADA guidelines (*unless the scans are OCR.) 21-0031-B (BW) Page 16 of 37 SECTION C – INSURANCE REQUIREMENTS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 The recommended vendor must provide a certificate of insurance and endorsement in accordance with the insurance requirements listed below, prior to award of contract. Failure to provide the required insurance within the requested timeframe may result in your bid submittal deemed non-responsive. The Contracted vendor shall obtain and maintain, and require any sub-contractors to obtain and maintain, at all times during its performance of the Agreement, insurance of the types and in the amounts set forth. For projects with a Completed Operations exposure, Contractor shall maintain coverage and provide evidence of insurance for two (2) years beyond final acceptance. All insurance policies shall be from responsible companies duly authorized to do business in the State of Florida and have an AM Best rating of A- VIII or better. a) Bid submittals should include, the Bidder’s current Certificate(s) of Insurance in accordance with the insurance requirements listed below. If Bidder does not currently meet insurance requirements, bidder shall also include verification from their broker or agent that any required insurance not provided at that time of submittal will be in place prior to the award of contract. b) Bidder shall email certificate that is compliant with the insurance requirements to Bryant Jasper-Williams at brwilliams@pinellascounty.org.. If certificate received with bid was a compliant certificate no further action may be necessary. The Certificate(s) of Insurance shall be signed by authorized representatives of the insurance companies shown on the Certificate(s). A copy of the endorsement(s) referenced in paragraph d) for Additional Insured shall be attached to the certificate(s) referenced in this paragraph. The certificate must name Pinellas County, a Political Subdivision of the State of Florida 400 S fort Harrison Avenue Clearwater, FL 33756, as certificate holder. Certificate marked “Sample”, or blank certificate holder information are not compliant. c) Approval by the County of any Certificate(s) of Insurance does not constitute verification by the County that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate(s) of Insurance is in compliance with the requirements of the Agreement. County reserves the right to require a certified copy of the entire insurance policy, including endorsement(s), at any time during the Bid and/or contract period. d) All policies providing liability coverage(s), other than professional liability and workers compensation policies, obtained by the Bidder and any subcontractors to meet the requirements of the Agreement shall be endorsed to include Pinellas County a Political subdivision of the State of Florida as an Additional Insured. e) If any insurance provided pursuant to the Agreement expires or cancels prior to the completion of the Work, you will be notified by CTrax, the authorized vendor of Pinellas County. Upon notification, renewal Certificate(s) of Insurance and endorsement(s) shall be furnished to Pinellas County Risk Management at InsuranceCerts@pinellascounty.org and to CTrax c/o JDi Data at PinellasSupport@ididata.com by the Bidder or their agent prior to the expiration date. (1) Bidder shall also notify County within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, nonrenewal or adverse material change in coverage received by said Bidder from its insurer Notice shall be given by email to Pinellas County Risk Management at InsuranceCerts@pinellascounty.org. Nothing contained herein shall absolve Bidder of this requirement to provide notice. (2) Should the Bidder, at any time, not maintain the insurance coverages required herein, the County may terminate the Agreement, or at its sole discretion may purchase such coverages necessary for the protection of the County and charge the Bidder for such purchase or offset the cost against amounts due to bidder for services completed. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance shall in no way be construed to be a waiver of any of its rights under the Agreement. f) The County reserves the right, but not the duty, to review and request a copy of the Contractor’s most recent annual report or audited financial statement when a self-insured retention (SIR) or deductible exceeds $50,000. 21-0031-B (BW) Page 17 of 37 SECTION C – INSURANCE REQUIREMENTS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 g) If subcontracting is allowed under this Bid, the Prime Bidder shall obtain and maintain, at all times during its performance of the Agreement, insurance of the types and in the amounts set forth; and require any subcontractors to obtain and maintain, at all times during its performance of the Agreement, insurance limits as it may apply to the portion of the Work performed by the subcontractor; but in no event will the insurance limits be less than $500,000 for Workers’ Compensation/Employers’ Liability, and $1,000,000 for General Liability and Auto Liability if required below. (1) All subcontracts between Bidder and its subcontractors shall be in writing and are subject to the County’s prior written approval. Further, all subcontracts shall (1) require each subcontractor to be bound to Bidder to the same extent Bidder is bound to the County by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the subcontractor; (2) provide for the assignment of the subcontracts from Bidder to the County at the election of Owner upon termination of the Contract; (3) provide that County will be an additional indemnified party of the subcontract; (4) provide that the County will be an additional insured on all insurance policies required to be provided by the subcontractor except workers compensation and professional liability; (5) provide waiver of subrogation in favor of the County and other insurance terms and/or conditions as outlined below; (6) assign all warranties directly to the County; and (7) identify the County as an intended third- party beneficiary of the subcontract. Bidder shall make available to each proposed subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the subcontractor will be bound by this Section C and identify to the subcontractor any terms and conditions of the proposed subcontract which may be at variance with the Contract Documents. h) Each insurance policy and/or certificate shall include the following terms and/or conditions: (1) The Named Insured on the Certificate of Insurance and insurance policy must match the entity’s name that responded to the solicitation and/or is signing the agreement with the County. If Bidder is a Joint Venture per Section A. titled Joint Venture of this Bid, Certificate of Insurance and Named Insured must show Joint Venture Legal Entity name and the Joint Venture must comply with the requirements of Section C with regard to limits, terms and conditions, including completed operations coverage. (2) Companies issuing the insurance policy, or policies, shall have no recourse against County for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. (3) The term "County" or "Pinellas County" shall include all Authorities, Boards, Bureaus, Commissions, Divisions, Departments and Constitutional offices of County and individual members, employees thereof in their official capacities, and/or while acting on behalf of Pinellas County. (4) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by County or any such future coverage, or to County's Self-Insured Retentions of whatever nature. (5) All policies shall be written on a primary, non-contributory basis. (6) Any Certificate(s) of Insurance evidencing coverage provided by a leasing company for either workers compensation or commercial general liability shall have a list of covered employees certified by the leasing company attached to the Certificate(s) of Insurance. The County shall have the right, but not the obligation to determine that the Bidder is only using employees named on such list to perform work for the County. Should employees not named be utilized by Bidder, the County, at its option may stop work without penalty to the County until proof of coverage or removal of the employee by the contractor occurs, or alternatively find the Bidder to be in default and take such other protective measures as necessary. Insurance policies, other than Professional Liability, shall include waivers of subrogation in favor of Pinellas County from both the Bidder and subcontractor(s). 21-0031-B (BW) Page 18 of 37 SECTION C – INSURANCE REQUIREMENTS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 i) The minimum insurance requirements and limits for this Agreement, which shall remain in effect throughout its duration and for two (2) years beyond final acceptance for projects with a Completed Operations exposure, are as follows: (1) Workers’ Compensation Insurance Limit Florida Statutory Employers’ Liability Limits Per Employee Per Employee Disease Policy Limit Disease $ 500,000 $ 500,000 $ 500,000 (2) Commercial General Liability Insurance including, but not limited to, Independent Contractor, Contractual Liability Premises/Operations, Products/Completed Operations, and Personal Injury. No explosion, collapse, or underground damage exclusions allowed. Limits Combined Single Limit Per Occurrence Products/Completed Operations Aggregate Personal Injury and Advertising Injury General Aggregate $ 1,000,000 $ 2,000,000 $ 1,000,000 $ 2,000,000 (3) Business Automobile or Trucker’s/Garage Liability Insurance covering owned, hired, and non-owned vehicles. If the Bidder does not own any vehicles, then evidence of Hired and Non-owned coverage is sufficient. Coverage shall be on an "occurrence" basis, such insurance to include coverage for loading and unloading hazards, unless Bidder can show that this coverage exists under the Commercial General Liability policy. Limit Combined Single Limit Per Accident $ 1,000,000 (4) Excess or Umbrella Liability Insurance excess of the primary coverage required, in paragraphs (1), (2), and (3) above: Limits Each Occurrence General Aggregate $ 1,000,000 $ 1,000,000 (5) Property Insurance Bidder will be responsible for all damage to its own property, equipment and/or materials. 21-0031-B (BW) Page 19 of 37 SECTION D – VENDOR REFERENCES PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 Bid Title: Fencing, Gate Operators and Handrails - Tampa Bay Purchasing Cooperative Contract Bid Number: 21-0031-B-BW THE FOLLOWING INFORMATION IS REQUIRED IN ORDER THAT YOUR BID MAY BE REVIEWED AND PROPERLY EVALUATED. COMPANY NAME: ____________________________________________________________________________ LENGTH OF TIME COMPANY HAS BEEN IN BUSINESS: _____________________________________________ BUSINESS ADDRESS: _________________________________________________________________________ HOW LONG IN PRESENT LOCATION: ____________________________________________________________ TELEPHONE NUMBER: ____________________________ FAX NUMBER: ______________________________ TOTAL NUMBER OF CURRENT EMPLOYEES: ________ FULL TIME _________ PART TIME NUMBER OF EMPLOYEES YOU PLAN TO USE TO SERVICE THIS CONTRACT: __________ All references will be contacted by a County Designee via email, fax or phone call to obtain answers to questions, as applicable before an evaluation decision is made. LOCAL COMMERCIAL AND/OR GOVERNMENTAL REFERENCES THAT YOU HAVE PREVIOUSLY PERFORMED SIMILAR CONTRACT SERVICES FOR: 1. 2. COMPANY: ______________________________________ COMPANY: ______________________________________ ADDRESS: ______________________________________ ADDRESS: ______________________________________ TELEPHONE/FAX: ________________________________ TELEPHONE/FAX: ________________________________ CONTACT: ______________________________________ CONTACT: ______________________________________ CONTACT EMAIL: ________________________________ CONTACT EMAIL:________________________________ COMPANY EMAIL ADDRESS: ______________________ COMPANY EMAIL ADDRESS: ______________________ 3. 4. COMPANY: _____________________________________ COMPANY: _____________________________________ ADDRESS: ______________________________________ ADDRESS: ______________________________________ TELEPHONE/FAX: ________________________________ TELEPHONE/FAX: ________________________________ CONTACT: ______________________________________ CONTACT: ______________________________________ CONTACT EMAIL:________________________________ CONTACT EMAIL:________________________________ COMPANY EMAIL ADDRESS: ______________________ COMPANY EMAIL ADDRESS: ______________________ 21-0031-B (BW) Page 20 of 37 SECTION E – SPECIFICATIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 Bid Title: Fencing, Gate Operators and Handrails - Tampa Bay Purchasing Cooperative Contract Bid Number: 21-0031-B-BW A. OBJECTIVE To award a contract to provide security and safety materials and services for County owned and maintained properties; requirements include Cooperative participants. B. REQUIREMENTS 1. Standard Services Agreement - The awarded contractor will be required to execute the attached standard services agreement. No exceptions to the standard services agreement will be executed. 2. Job Quotes – Prior to beginning work, Contractor will provide the requesting department with a quote that includes labor and materials to be used, as well as start date and completion time frame. Quote must be approved by the department and a purchase order issued prior to initiation of work. All quotes shall be provided within five (5) days from the date of request at no charge. Quotes for Emergency requests should be provided within the twenty-four (24) hour response time. 3. Two (2) Man Crew with Tools – All-inclusive rate billed at hourly unit price for: a. Group 9 – Installation, removal, repair, and replacement of fencing b. Group 11 – Additional Clearing per Hour – Bush Hog – Provide all labor and equipment (commercial grade) to excavate debris and vegetation within the work limits as directed by the County. Removal of vegetation does not include roots and rhizomes. This work includes removal of all trees that are less than 4” and located within the work area. 4. Repairs - a. Repairs must be completed within two (2) weeks of receipt of standard purchase order or as otherwise scheduled by the County. b. Contractor shall respond to the department’s request by visiting the site within forty-eight (48) hours of notification. Job quote to be provided as per Section E., Requirements – 2. Job Quotes. c. Emergency requests for temporary fencing for security purposes shall be responded to within twenty-four (24) hours with work completed in forty-eight (48) hours. 5. Warranty - Standard manufacturer’s warranty shall be in effect for all materials incorporated into the work of this contract. Services/Work will be guaranteed for eighteen (18) months, after the date of completion of work order. C. SCOPE The Contractor shall provide all materials, tools, labor, supervision, quality control, vehicles, equipment, disposal fees, management and transportation necessary to perform this contract. All costs shall be factored into the individual line item unit price, measurable per the unit defined in the bid summary pages. 1. Installation: Installation of fence shall be in accordance with ASTM F 567, and with the following: a. Post spacing shall be spaced a maximum of 10'0"o.c. Terminal spans may be less, to a minimum of 7'0" in order to adjust line spans to even footage. b. Post foundations (footings) shall be: 1) A minimum of 24” deep plus 3 inches for each increase in fabric height above 4 feet. 2) The diameter of the post foundation shall be four (4) times the post diameter. 21-0031-B (BW) Page 21 of 37 SECTION E – SPECIFICATIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 3) If set into solid rock or concrete, the depth of the post hole shall be three (3) times the diameter of the post and the hole diameter shall be ½ inch greater than the diameter of the post. 4) Gate post foundations shall be in accordance with ASTM F 567, Table 2. 2. Bracing - Horizontal brace rails shall be provided on each terminal, corner and gate post and shall extend from these posts to the first adjacent line post. Diagonal brace (truss) rods shall extend back to the terminal, corner, or gate post and shall be furnished with a tightener or turnbuckle. a. No brace is required for fabric heights 6 feet or less where a top rail is used. b. On all fabric heights greater than 6 feet, a brace rail is required, even if a top rail is used: 1) When a top rail is used, attach the brace at the halfway point above grade. 2) When a top rail is not used, attach the brace at the two-thirds point above grade. 3) Pull posts shall be used as breaks in vertical grades of 15” and at approximately 330-foot centers except that this maximum may be reduced on curves where the degree of curvature is greater than 3. Pull posts shall be braced in both directions. D. Materials All materials shall be as described and conform to the specifications referenced below: 1. Referenced Specifications – American Society for Testing and Measurements (ASTM): A 121 – Metallic Coated Steel Barbed Wire A.392 – Zinc – Coated Steel Chain Link Fence Fabric A 491 – Aluminum-Coated Steel Chain Link Fence Fabric A 824 – Metallic Coated Steel Mar celled Tension Wire for use with Chain Link Fence. F 567 – Installation of Chain Link Fence F 626 – Fence Fittings F 668 – Polyvinyl Chloride (PVC) and other Organic Polymer Coated Steel Chain Link Fence Fabric F 900 – Industrial and Commercial Swing Gates F 934 – Standard Colors for Polymer – Coated Chain Link Fence Materials F 1043 – Strength and Protective Coatings on Metal Industrial Chain Link Fence Framework F 1083 – Pipe, Steel, Hot-Dipped Zinc-coated (Galvanized) Welded, for Fence Structures F 1664 – Polyvinyl Chloride (PVC) and other Organic Polymer Coated Steel Tension Wire used with Chain Link Fence F 1665 – Polyvinyl Chloride (PVC) and other Organic Polymer Coated Steel Barbed Wire used with Chain Link Fence F 1910 – Long Barbed Tape Obstacles 2. Chain Link Fence Fabric - a. Galvanized chain link fence fabric shall be zinc-coated steel conforming to the requirements of American Society for Testing and Materials (ASTM) A 392. 1) The coated wire diameter shall be 9-gage (0.148”  0.005”). 2) The mesh size of the woven fabric shall be 2”  1/8”. 3) The fabric height shall be from 4 feet to 12 feet, in one-foot increments, as indicated. 4) The zinc coating weight shall be Class 1, not less than 1.2 oz. /ft. of uncoated wire surface. 5) Fabric shall be supplied in rolls of not less than 50 ft. allowable variance –6”. b. Polyvinyl Chloride (PVC) coated steel chain link fence fabric shall conform to the requirements of ASTM F 668. 1) The core wire diameter shall be 9-gage (0.148”  0.005”). 2) The PVC coating shall be Class 2a, extruded and adhered. 3) The fabric height shall be from 4 feet to 12 ft., in one-foot (ft.) increments, as indicated. i. The PVC color shall be as indicated and conform to ASTM F 934. ii. Fabric shall be supplied in rolls of not less than 25 ft. allowable variance –3”. c. Fabric heights greater than 12 ft. shall be woven from pre-coated strand with the following finishes: 21-0031-B (BW) Page 22 of 37 SECTION E – SPECIFICATIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 1) PVC coated steel in accordance with ASTM F 668. 2) Aluminum coated steel in accordance with ASTM F 491. 3. Framework - a. Framework shall be round tubular pipe in either of the following types: 1) Type I-schedule 40 pipe conforming to the requirements of ASTM specifications F1083 and F1043 Group I-A, Type A, coating internal and external, minimum average zinc coating weight 1.8 oz./ft of surface. 2) Type II- high strength pipe conforming to the requirements of ASTM specification F1043, Group I- C, heavy Industrial, Type B or D internal coating. Type B external coating. 3) Framework for PVC coated chain link systems shall be either Type I, with supplemental PVC coating in accordance with ASTM 1043, or Type II, with supplemental polyester powder coating in accordance with ASTM F1043. Color shall be in accordance with ASTM F934. 4) Allowable variance for outside diameter (o.d.) wall thickness, and weight per foot shall be as required by ASTM specifications F1043 and F1083. b. Framework shall be of the following dimensions for the corresponding fence height and use: TABLE 1 - FRAMEWORK REQUIREMENTS Fence Height Ft. Description NPS sizes o.d. inches Minimum Length of Post Type I Type II Wall Inches Weight lb./ft. Wall in inches Weight lb./ft. 4 End, corner, or pull post Line post Rail (if required) 2 1-1/2 1-1/4 2.375 1.900 1.660 6’6” 6’ 0.154 0.145 0.140 3.85 2.72 2.27 0.130 0.120 0.110 3.12 2.28 1.84 5 End, corner or pull post Line Post 2 1-1/2 1-1/4 2.375 1.900 1.660 7’9” 7’3” 0.154 0.145 0.140 3.65 2.72 2.27 0.130 0.120 0.110 3.12 2.28 1.84 6 End, corner, or pull post Line post Rail (if required) 2 1-1/2 1-1/4 2.375 1.900 1.660 9’ 8’6” 0.154 0.145 0.140 3.65 2.72 2.27 0.130 0.120 0.110 3.12 2.28 1.84 7 End, corner or pull post Line post Rail (if required) 2 1/2 2 1 1/4 2.875 2.375 1.660 10’3” 9’9” 0.203 0.154 0.140 5.79 3.65 2.27 0.160 0.130 0.110 4.64 3.12 1.84 8 End, corner or pull post Line post Rail (if required) 2 1/2 2 1 1/4 2.875 2.375 1.660 11’6” 11’ 0.203 0.154 0.140 5.79 3.65 2.27 0.160 0.130 0.110 4.64 3.12 1.84 9 End, corner or pull post Line post Rail (if required) 2 1/2 2 1 1/4 2.875 2.375 1.660 12’9” 12’3” 0.203 0.154 0.140 5.79 3.65 2.27 0.160 0.130 0.110 4.64 3.12 1.84 10 End, corner or pull post Line post Rail (if required) 2 1/2 2 1 1/4 2.875 2.375 1.660 14’ 13’6” 0.203 0.154 0.140 5.79 3.65 2.27 0.160 0.130 0.110 4.64 3.12 1.84 11 End, corner or pull post Line post Rail (if required) 2 1/2 2 1 1/4 2.875 2.375 1.660 15’3” 14’9” 0.203 0.154 0.140 5.79 3.65 2.27 0.160 0.130 0.110 4.64 3.12 1.84 12 End, corner or pull post Line post Rail (if required) 2 1/2 2 1 1/4 2.875 2.375 1.660 16’6” 16’ 0.203 0.154 0.140 5.79 3.65 2.27 0.160 0.130 0.110 4.64 3.12 1.84 21-0031-B (BW) Page 23 of 37 SECTION E – SPECIFICATIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 4. Gates - a. Swing-gate frames shall be fabricated in accordance with ASTM specification F900 using either Type I or Type II round tubular pipe. For fabric heights 6 foot (ft.) or less-fabricate frames using NPS 1-1/4” (1.660” o.d.) Pipe. 1) For fabric height over 6 ft.-fabricate frames using NPS 1-1/2” (1.900” o.d.) pipe. 2) Interior bracing, if required, shall be NPS 1-1/4 (1.660” o.d.) pipe. (a) Horizontal bracing is required for frames 5 ft. or higher. (b) Vertical bracing required for frames 12’ and wider. Vertical braces shall have a maximum spacing of 8 ft. b. Fabric cover – the fabric used to cover the fence frame shall be the same type and quality as that used on the adjacent fence. c. Gates with barbed wire shall have vertical frames to accept three strands of barbed wire. d. Gates posts shall be either Type I or Type II round tubular pipe in the following sizes for single swing gates or one leaf of double gates. 1) Length of gate posts shall be as for end, corner or pull posts, in Table 1, for the height of fence fabric. TABLE 2: GATE POST SIZES Gate Fabric Height, ft. Gate Leaf Width, ft. Type 1 or Type II NPS Size o.d. inches 6 ft. or less Up to and including 4 ft. Over 4 ft. to 10 ft. Over 10 ft. to 18 ft. 2 2 ½ 4 2.375 2.875 4.00 Over 6 ft. Up to and including 6 ft. Over 6 ft. to 12 ft. 2 ½ 4 2.875 4.000 Over 6 ft. (Type I pipe only) Over 12 ft. to 18 ft. Over 18 ft. to 24 ft. 6 8 6.875 8.875 5. Braces – corner, end (terminal) gate and pull posts for chain link fence shall be braced with a brace assembly consisting of: a. NPS 1-1/4 (1.660” o.d.) pipe brace rail and b. 3/8” truss rod with tightener, and c. Other miscellaneous fittings to complete the installation. 6. Tension Wire - a. Metallic coated tension wire 1) Tension wire, top and/or bottom, if required, shall be 7 gauge steel wire. 2) Tension wire shall conform to ASTM A824, Type II, zinc coated, Class 2. b. PVC coated tension wire 1) Tension wire, top and/or bottom, if required, shall conform to ASTM F 1664. 2) The PVC coating class shall be Class 2a or 2b. 3) The metallic coated core wire shall be either 9 gage (Class 2a coated) or 7 gage (Class 2b coated). 21-0031-B (BW) Page 24 of 37 SECTION E – SPECIFICATIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 7. Barbed Wire - a. Metallic coated barbed wire. 1) Metallic coated barbed wire shall conform to ASTM A 121, Design Number 12-4-5-14R (12 ½ galvanized (gal) x 4 point barbs x 5 inch spacing, 14-gage round barbs). 2) Coating shall be Type Z (zinc coated), Class 3. b. PVC coated barbed wire 1) PVC coated barbed wire shall conform to ASTM F 1665. Type I (Standard). 2) The PVC coating class shall be Class 2a or Class 2b. 3) The metallic coated core wire shall be 14 gage (0.080”) and shall be zinc coated and shall have a zinc coating weight not less than 0.25 oz. /2ft. 8. Barbed Tape – a. Barbed tape shall be either 24” or 30 “single coil concertina. b. Barbed tape shall have stainless steel barbs and core wire. c. Barbed tape shall conform to the requirements of ASTM F 1910. d. The diameter of the barbed tape obstacle in packaged condition shall be [18”, 24”, 24/30” (double coil), 30”, 36” 40” or 60”]. +/-2”. e. The tape shall be fabricated from 0.025” [AISI 430 series stainless steel with a minimum Rockwell hardness of (30N) 37]. f. Each loop shall contain barb clusters spaced 4” on center, and each barb cluster shall have 4 needle- sharp barbs with an average barb length of 1.2” as measured from the center of the cluster. g. Barbs [shall/shall not] be alternately offset from the tape centerline 0.15” to 0.45”. h. The tape shall be permanently cold clenched a minimum of 230 around a 0.098” diameter [AISI 304 spring quality austenitic stainless steel core wire] having a minimum tensile strength of [180,000] psi. i. The finished reinforced barbed tape shall have two continuous cut-resistant strengthening flanges, which shall be cut away at each barb root to permit maximum barb penetration. j. Each roll will consist of [0, 31, 33, 51, 81, or 101] loops with adjacent loops clipped at [0, 3, 5, 7, or 8] equally spaced locations around the circumference to provide the concertina effect. k. These clips shall be fabricated from 0.065” x 0.375” stainless steel and shall be capable of withstanding a minimum pull load of 200 lbs. l. Each roll of barbed tape shall cover [10, 15, 20, 25 or 50] linear feet when properly installed. 9. Miscellaneous Fittings and Accessories - a. Fabric ties – 9-gauge aluminum alloy wire conforming to ASTM F 626. b. Other miscellaneous fittings such as post caps, rail ends, brace and tension bands, barbed wire arms and other fittings as may be necessary to complete the installation, shall be of pressed steel or malleable iron and shall conform to the requirements of ASTM F 626. 21-0031-B (BW) Page 25 of 37 SECTION E – SPECIFICATIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 10. Wheatland Razor Tape – Sizes and Specifications - Product Name Diameter Inches (mm) Tape Materia l Core Wire Loops per Roll Clips per Roll Weight per Roll (lbs.) (kg) Length per Roll/ Attachment spacing (ft.) (m) Commercial Barrier 18 24 450 600 430 SS 430 SS Galv Galv 33 33 ____ __ 12. 4 16. 5 5.6 7.5 50 ft @ 18” 50 ft @ 18” 15m @ 450 mm 15m @ 450 mm Barrier 24 30 36 600 750 900 430 SS 430 SS 430 SS Galv Galv Galv 31 31 31 3 3 3 15. 6 19. 5 23. 4 7.1 8.8 10.6 20 ft @ 16” 20 ft @ 16” 20 ft @ 16” 6.1 m @ 400mm 6.1 m @ 400 mm 6.1 m @ 400 mm Super Barrier 30 36 40 60 750 900 1,000 1,500 430 SS 430 SS 430 SS 430 SS 304 SS 304 SS 304 SS 304 SS 51 51 81 81 5 5 7 9 32. 0 38. 4 66. 0 102 .0 14.5 17.4 30.9 46.3 25 ft @ 12” 25 ft @ 12” 40 ft @ 12” 40 ft @ 12” 7.6 m @ 300 mm 7.6 m @ 300 mm 12 m @ 300 mm 12 m @ 300 mm Double Barrier 24/3 0 600/75 0 430 SS Galv 31/31 3/3 35. 1 15.9 20 ft @ 16” 6.1 m @ 400 mm Triple Barrier 18/2 4/30 450/ 600/75 0 430SS Galv 31/31/ 31 3/3/3 47. 5 21.5 20 ft @ 16” 6.1 m @ 400 mm 11. Vinyl Fencing: (White) a. Fabric: 48” 6 GA., 2” Mesh KK Extruded PVC b. Top Rail: 1-5/8” O.D. Spectra SS-40 Pipe, 1.83 lbs. per foot. Top rail 21’ inn length, joined with 1-5/8” vinyl coated sleeve. c. Line Post: 2” O.D. Spectra SS-40 Pipe, 2.28 lbs. per foot. Line posts set 10’ on center maximum spacing. Concrete footing: 6” diameter, 18” depth. d. Terminal Post: 2-1/2” O.D. Spectra SS-40 Pipe, 3.12 lbs. per foot. e. Concrete footing: 6” diameter, 24” depth. f. Gates: SINGLE SWING GATE: Framework of 1-5/8” Spectra SS-40 pipe, 1.83 lbs per foot. DOUBLE SWING GATE: Framework of 1-5/8” Spectra SS-40 pipe, 1.83 lbs per foot. Gates braced and trussed as necessary. Same fabric as fence. g. Gate Post: SINGLE SWING GATE: 2-1/2” O.D. Spectra SS-40 Pipe, 3.12 lbs. per foot. Concrete footing: 6” diameter, 24” depth. h. DOUBLE SWING GATE: 2-1/2” O.D. spectra SS-40 Pipe, 3.12 lbs. per foot. i. Concrete footing: 6” diameter, 24” depth. j. Tension Wire: 6 GA. Vinyl Coated Coil Spring Tension Wire attached to bottom of fence fabric with 9 GA. Vinyl coated steel hog ring spaced 24” on center. k. Fittings: Vinyl coated regular brace band & carriage bolt, vinyl coated combo rail-end, vinyl coated steel loop cap, vinyl coated aluminum cap, 3/16” X ¾” vinyl coated steel tension bar, vinyl coated regular tension band & carriage bolt. l. Tie Wire: 8-1/2” 9GA. Vinyl steel tie wire spaced 15” on center for line posts & 24” on center for rails. m. Post Footing: Sakcrete concrete. 21-0031-B (BW) Page 26 of 37 SECTION E – SPECIFICATIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 12. Handrail, Pedestrian and Bicycle: The work and materials specified under this Section shall be constructed in accordance with the Florida Department of Transportation (FDOT) Design Standards Index 800 Series for Fencing and Pedestrian Railing as further described in the line items of Group 8. Standards can be viewed at: http://www.dot.state.fl.us/rddesign/DS/12/Ser/FencingAndPedestrianRailings.pdf Work items include: a. New - Rail, Steel or Aluminum, Various with Hardware – Includes all hardware, brackets, end caps, and incidentals necessary to install new designated rail. Measured per linear foot. b. Replacement – Rail, Steel or Aluminum, Various - includes the removal of and disposal of unsalvageable damaged rail and replacement wit new designated rail and includes all necessary hardware. Measured per linear foot. c. Maintenance of Traffic (MOT) – The Contractor shall be responsible to maintain traffic within the limits of the project for the duration of work in accordance with the requirements of the FDOT Design Standards, Index 600. Maintenance of traffic shall be factored into contract unit pricing. 13. Gate Operators: a. Gate Operator Equipment - Operator’s manufacturers may be, but are not limited to: Viking, Hy- Security, Stanley, B&B, Chamberlain and Automation Corporation. b. Control Systems & Accessories - may be, but are not limited to: Door-King, IEI-Door-Gard, and EDKO in Ground Loop Detectors, AAID Long Range WEGAN Vehicle ID Readers, EDKO Photocells, DITK Surge Suppressors, Ground Rods and Safety Edge with Receiver & Transmitter. c. Pricing for Gate Operators will be based on a percentage (%) mark up from cost. d. Gate Operator Repairs – The contractor shall be required to respond (on site) within twenty-four (24) hours of notification to perform normal repairs or adjustments. 14. Unspecified Work: Unspecified work is defined as services that may be required due to unexpected conditions or events. Unspecified work is Not Guaranteed as part of the contract and must be properly authorized by the County before performed. Unspecified work includes but is not limited to additional parts not listed. A percentage (%) markup from cost to be provided on Section F – Bid Submittal for unspecified parts. 21-0031-B (BW) Page 27 of 37 SECTION E – SPECIFICATIONS PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 21-0031-B (BW) Page 28 of 37 SECTION F – BID SUMMARY PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 Bid Title: Fencing, Gate Operators and Handrails - Tampa Bay Purchasing Cooperative Contract Bid Number: 21-0031-B-BW BID SUBMITTAL IS TO BE SUBMITTED IN EXCEL FORMAT Bid Submittal Checklist 1. Completed and signed page 1. 2. Insurance certificate as per requirements in Section C. 3. Vendor references as per requirements in Section D. 4. Completion of Excel Bid Submittal and Summary Sheet (Section F) 5. Completed w9 (Section F) 6. Completed Addenda Acknowledgement Form (Section G) An award may not be issued without proof that your firm is registered with the Florida Division of Corporations, as per Florida Statute §607.1501 (http://www.flsenate.gov/Laws/Statutes/2011/607.1501). A foreign corporation (foreign to the State of Florida) may not transact business in this state until it obtains a certificate of authority from the Department of State. Please visit www.sunbiz.org for this information on how to become registered. 21-0031-B (BW) Page 29 of 37 SECTION F – BID SUMMARY PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 Bid Title: Fencing, Gate Operators and Handrails - Tampa Bay Purchasing Cooperative Contract Bid Number: 21-0031-B-BW Electronic Payment (ePayables) The Board of County Commissioners (County) is offering faster payments. The County would prefer to make payment using credit card through the ePayables system. See Section A, number 27. Would your company accept to participate in the ePayables credit card program? Yes No For more information about ePayables credit card program please visit Purchasing Department website www.pinellascounty.org/purchase. Company Name Signature Printed Signature Phone Number 21-0031-B (BW) Page 30 of 37 W-9 REQUEST FOR TAXPAYER ID NUMBER AND CERTIFICATION PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 21-0031-B (BW) Page 31 of 37 SECTION G - ADDENDA ACKNOWLEDGMENT FORM PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 Bid Title: Fencing, Gate Operators and Handrails - Tampa Bay Purchasing Cooperative Contract Bid Number: 21-0031-B-BW PLEASE ACKNOWLEDGE RECEIPT OF ADDENDA FOR THIS ITB/RFP BY SIGNING AND DATING BELOW: ADDENDUM NO. SIGNATURE/PRINTED NAME DATE RECEIVED Note: Prior to submitting the response to this solicitation, it is the responsibility of the firm submitting a response to confirm if any addenda have been issued. If such document(s) has been issued, acknowledge receipt by signature and date in section above. Failure to do so may result in being considered non-responsive or result in lowering the rating of a firm’s proposal. Information regarding Addenda issued is available on the Purchasing Department’s website at, www.pinellascounty.org/purchase/Current_Bids1.htm , listed under category ‘Current Bids’. 21-0031-B (BW) Page 32 of 37 SECTION H - STATEMENT OF NO BID PINELLAS COUNTY PURCHASING AND RISK MANAGEMENT ITB – SERVICES REVISED: 02-2021 NOTE: If you do not intend to bid on this requirement, please complete this form. Thank you. We, the undersigned have declined to submit a bid for No. 21-0031-B(BW) for Fencing, Gate Operators and Handrails – Tampa Bay Purchasing Cooperative Contract Specifications too "tight", i.e., geared toward one brand or manufacturer only (explain below). Insufficient time to respond to the Invitation to Bid. We do not offer this product or service. Our schedule would not permit us to perform. Unable to meet specifications. Unable to meet Bond requirement. Specifications unclear (explain below). Unable to Meet Insurance Requirements. Remove Us from Your "Notification List" Altogether Other (specify below). REMARKS: We understand that if the "No Bid" letter is not executed and returned our name may be deleted from the Bidders List of Pinellas County. COMPANY NAME: DATE: SIGNATURE: TYPED NAME OF ABOVE: TELEPHONE: FAX: EMAIL: Page 33 of 38 Board of County Commissioners Pinellas County, FL Rev. January 2019 ATTACHMENT A ____ CONTRACT PROVISIONS FOR CONTRACTS UNDER FEDERAL AWARDS BID OR PROPOSAL NUMBER: 21-0031-B(BW) BID OR PROPOSAL TITLE: Fencing, Gate Operators and Handrails – Tampa Bay Purchasing Cooperative Contract This solicitation is either fully or partially grant-funded. In addition to other terms and conditions required by Pinellas County and the applicable federal agency, all contracts awarded to the qualified bidder are subject to the following provisions, as applicable to the services provided. Equal Employment Opportunity (As per Executive Order 11246): During the performance of this contract, the CONTRACTOR agrees as follows: (1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the CONTRACTOR’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor. Davis-Bacon Act as amended (40 U.S.C. 3141-3148): When required by federal program legislation, for all prime construction contracts awarded in excess of $2,000, CONTRACTORS are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractors must be required to pay wages not less than once a week. If the applicable grant award contains Davis Bacon provisions, the County will place a copy of the current prevailing wage determination issued by the Department of Labor in the solicitation document. The decision to award a contract shall be conditioned upon the acceptance of the wage determination [Appendix II to 2 CFR Part 200]. Page 34 of 38 Board of County Commissioners Pinellas County, FL Rev. January 2019 Copeland Anti Kick Back Act: If Davis-Bacon is applicable, CONTRACTOR shall also comply with all the requirements of 29 CFR Part 3 which are incorporated by reference to this contract. CONTRACTORS are prohibited from inducing by any means any person employed in the construction, completion or repair of public work to give up any part of the compensation to which he or she is otherwise entitled [Appendix II to 2 CFR Part 200]. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708): Where applicable, all contracts awarded in excess of $100,000 that involve the employment of mechanics or laborers must be in compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each CONTRACTOR is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence [Appendix II to 2 CFR Part 200]. Rights to Inventions Made Under a Contract or Agreement: If the federal award meets the definition of ‘‘funding agreement’’ under 37 CFR § 401.2 (a) and the County enters into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that ‘‘funding agreement,’’ the County must comply with the requirements of 37 CFR Part 401, ‘‘Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,’’ and any implementing regulations issued by the awarding agency [Appendix II to 2 CFR Part 200]. Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251–1387): As amended— The CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA) [Appendix II to 2 CFR Part 200]. Debarment and Suspension (Executive Orders 12549 and 12689): A contract award (see 2 CFR 180.220) will not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), ‘‘Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. If applicable, the CONTRACTOR must verify that none of their subcontractors (for contracts expected to equal or exceed $25,000), appear on the federal government’s Excluded Parties List. The Excluded Parties List is accessible at http://www.sam.gov [Appendix II to 2 CFR Part 200]. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352): CONTRACTORs that apply or bid for an award exceeding $100,000 must submit a completed “Disclosure of Lobbying Activities” [Form SF-LLL]. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. [Appendix II to 2 CFR Part 200]. The bidder shall complete Form SF-LLL and submit with bid. Bidders may be deemed non-responsive for failure to submit this certification. Conflict of Interest [2 CFR §200.112]: The CONTRACTOR must disclose in writing any potential conflict of interest to the Federal awarding agency or COUNTY in accordance with applicable Federal awarding agency policy. Mandatory Disclosures [2 CFR §200.113]: The CONTRACTOR must disclose in writing all violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award. Failure to make required disclosures can result in any of the remedies described in 2 CFR §200.338 Remedies for noncompliance, including suspension or debarment. Protected Personally Identifiable Information (Protected PII) [CFR §200.303(e)]: The CONTRACTOR must take reasonable measures to safeguard protected personally identifiable information and other information the federal awarding agency or COUNTY designates as sensitive or the County considers sensitive consistent with other applicable federal, state, and local laws regarding privacy and obligations of confidentiality. Per CFR § 200.82, Protected PII means an individual's first name or first initial and last name in combination with any one or more of types of information, including, but not limited to, social security Page 35 of 38 Board of County Commissioners Pinellas County, FL Rev. January 2019 number, passport number, credit card numbers, clearances, bank numbers, biometrics, date and place of birth, mother's maiden name, criminal, medical and financial records, educational transcripts. This does not include PII that is required by law to be disclosed. Prohibition on utilization of time and material type contracts [2 CFR §200.318 (j) (1)]: The COUNTY will not award contracts based on a time and material basis if the contract contains federal funding. Contracting with Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms [2 CFR § 200.321]: If using subcontractors, the CONTRACTOR must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Affirmative Action Requirements per 41 CFR60-4.1 Goals for Women and Minorities in Construction (for contracts in excess of $10,000): Goals and timetables for minority and female utilization may be set which shall be based on appropriate workforce, demographic or other relevant data and which shall cover construction projects or construction contracts performed in specific geographical areas. The goals, which shall be applicable to each construction trade in a covered Contractor's or subcontractor's entire workforce which is working in the area covered by the goals and timetables, shall be published as notices in the Federal Register and shall be inserted by the contracting officers and applicants, as applicable, in the Notice required by 41 CFR 60-4.2. Covered construction Contractors performing construction work in geographical areas where they do not have a federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. (g) Information regarding certified M/WBE firms can be obtained from: • Florida Department of Management Services (Office of Supplier Diversity); • Florida Department of Transportation; • Minority Business Development Center in most large cities; and • Local Government M/DBE programs in many large counties and cities Procurement of Recovered Materials [2 CFR §200.322]: CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Prohibition on utilization of cost plus a percentage of cost contracts [2 CFR §200.323 (d)]: The COUNTY will not award contracts containing federal funding on a cost plus percentage of cost basis. ATTACHMENT B Page 36 of 38 Board of County Commissioners Pinellas County, FL Rev. January 2019 Page 37 of 38 Board of County Commissioners Pinellas County, FL Rev 1/31/19 ATTACHMENT C____ ADDITIONAL CONTRACT PROVISION FOR CONTRACTS UNDER THE U.S. DEPARTMENT OF HOMELAND SECURITY (DHS) FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) PUBLIC ASSISTANCE (PA) PROGRAM BID OR PROPOSAL NUMBER: 21-0031-B BW BID OR PROPOSAL TITLE: Fencing, Gate Operators and Handrails – Tampa Bay Purchasing Cooperative Contract 1. DHS Seal, Logo, and Flags: The CONTRACTOR shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. PINELLAS COUNTY GOVERNMENT, FLORIDA Tabulation Bid No.: 21-0031-B-BW Bid Title : Fencing, Gate Operators and Handrails Date & Time Due: April 20, 2021 at 3:00 PM Vendor TOTAL Amount County: $2,252,315.00 CO-OP: $2,656,040.00Smith Industries Inc DBA Smith Fence Company $ 4,908,355.50 Pinellas County Staff Report File #:20-2006A,Version:1 Agenda Date:6/22/2021 Subject: Award of bid to Smith Industries, Inc. d/b/a Smith Fence Company for fencing, gate operators, and handrails - a Tampa Bay Area Purchasing Cooperative contract. Recommended Action: Approval of the award of bid with Smith Industries, Inc. d/b/a Smith Fence Company (Smith Fence) for fencing, gate operators, and handrails - a Tampa Bay Area Purchasing Cooperative (Cooperative) contract. ·This cooperative contract is for countywide requirements of fencing, gate operators, and handrails. ·Award of bid to Smith Fence in the amount of $2,252,315.00 (60-month term) for County requirements. ·Following a solicitation process reaching over 1,200 vendors one bid was received from Smith Fence. This contract has historically been difficult to competitively source due to the breath of fencing the Cooperative specifies and the size and scope of many of the installations. ·This contract is facilitated and administered by the Department of Administrative Services; Cooperative participants include: City of Dunedin, the Hillsborough County Aviation Authority and Pinellas County School Board. However, just about every local jurisdiction utilizes this contract. ·Cooperative participants are responsible for issuance of their own awards and funding; Cooperative expenditures for the sixty-month term, less County requirements, total $2,656,040.50, for a total County and Cooperative expenditure in the amount of $4,908,355.50. Contract No. 21-0031-B(BW) in the not-to-exceed amount of $2,252,315.00 for a sixty-month term total, based on the only responsive and responsible bid received meeting specifications. Authorize the Chairman to sign and Clerk of the Circuit Court to attest. Strategic Plan: Ensure Public Health, Safety, and Welfare 2.1 Provide planning, coordination, prevention, and protective services to ensure a safe and secure community Deliver First Class Services to the Public and Our Customers 5.2 Be responsible stewards of the public’s resources Summary: This is a Cooperative contract providing labor and materials for installation of various types of fencing, administered by the Department of Administrative Services, including requirements for the Pinellas County Printed on 6/7/2021Page 1 of 2 powered by Legistar™ Approved by the Board of County Commissioners on 6/22/2021 File #:20-2006A,Version:1 Agenda Date:6/22/2021 City of Dunedin, the Hillsborough County Aviation Authority, and the Pinellas County School Board. Cooperative participants are responsible for issuance of their own purchase authorizations. This is a five-year contract with a provision for price adjustments after the initial thirty-six months and annually thereafter based upon Producer Price and Consumer Price indices as provided in the contract. Background Information: On March 1, 2021, the Purchasing Division developed and released an Invitation to Bid with the intent to establish an agreement for Contract No. 21-0031-B-BW - Fencing, Gate Operators and Handrails. On April 20, 2021 the Invitation to Bid closed, and after reaching more than 1,200 vendors, one bid was received from Smith Fence. This contract replaces the current Contract which was awarded on June 19, 2018 to Smith Fence. Cooperative participants are responsible for issuance of their own awards and funding in the amount of $2,656,040.50. Fiscal Impact: Estimated County sixty-month expenditure not-to-exceed:$2,252,315.00 Estimated County average annual expenditure is:$450,463.00 Funding is derived from department operating budgets. Cooperative participants are responsible for their own funding. Staff Member Responsible: Merry Celeste, Division Director, Purchasing and Risk Management Joe Lauro, Director of Administrative Services Partners: City of Dunedin Hillsborough County Aviation Authority Pinellas County School Board Attachments: Service Agreement Tabulation Pinellas County Printed on 6/7/2021Page 2 of 2 powered by Legistar™ Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0354 Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Parks & Recreation Agenda Number: 4.2 SUBJECT/RECOMMENDATION: Approve a Contract for Purchase of Real Property located at 1923 N Betty Lane, Clearwater, FL, in an amount not to exceed $350,000.00; transfer funds from Open Space Impact Fees to Park Land Acquisition (CIP 315-93133) at mid-year, and authorize the appropriate officials to execute same. (consent) SUMMARY: The subject property is owned by AHS Holdings, LLC and is located at 1923 N Betty Lane, Parcel No. 03-29-15-49986-000-0050. The acquisition consists of a vacant lot that is approximately 57,064 square feet and abuts State Street Park. This parcel would be a strategic acquisition for the City’s Parks & Recreation Department in that it would expand State Street Park and provide protection for Spring Branch Creek that runs adjacent to the property. In addition, this city purchase for Parks and Recreation would eliminate the development concerns posed by the Spring Branch Neighborhood & Park Association, Inc. If purchased, this property would remain in its natural state and be used as a passive park with minimal improvements. The City obtained an independent appraisal performed by James Millspaugh and Associates, Inc. The appraiser valued the property at $340,000.00. The owner representative and city staff agreed on a purchase price at the appraised value of $340,000.00. Summary of costs for the purchase of the subject property are as followed: Purchase price: $340,000.00. Closing costs and other ancillary expenses required for closing: $10,000.00. Total: 350,000.00. APPROPRIATION CODE AND AMOUNT: Funds are available in Special Development Fund for this purchase. A mid-year budget amendment will transfer $350,000.00 of Open Space impact fees from the Special Development Fund into project 315-93133 Park Land Acquisition. USE OF RESERVE FUNDS: N/A Page 1 City of Clearwater Printed on 4/27/2022 File Number: ID#22-0354 Page 2 City of Clearwater Printed on 4/27/2022 APPRAISAL REPORT VACANT RESIDENTIAL LOTS LANGE’S REPLAT OF BROWN’S SUBDIVISION 1923 N. BETTY LANE CLEARWATER, FLORIDA 33755 DATE OF VALUATION MARCH 11, 2022 PREPARED FOR MS. SUZANNE KRAMER REAL ESTATE SERVICES COORDINATOR CLEARWATER ENGINEERING DEPARTMENT 100 S. MYRTLE AVENUE, SUITE 220 CLEARWATER, FLORIDA 33756 PREPARED BY JAMES M. MILLSPAUGH, MAI JAMES MILLSPAUGH & ASSOCIATES, INC. 110 TURNER STREET CLEARWATER, FL 33756-5211 JAMES MILLSPAUGH & ASSOCIATES, INC. REAL ESTATE APPRAISERS & CONSULTANTS LICENSED REAL ESTATE BROKER 110 TURNER STREET, CLEARWATER, FLORIDA 33756-5211 - PHONE: (727) 461- 2648 - FAX: (727) 442-8922 E-MAIL: jim@millspaugh-appraisals.com | WEBSITE: www.millspaugh-appraisals.com March 24, 2022 Ms. Suzanne Kramer Real Estate Services Coordinator Clearwater Engineering Department 100 S. Myrtle Avenue, Suite 220 Clearwater, Florida 33756 Sent Via E-Mail: suzanne.kramer@myclearwater.com Re: Real Estate Appraisal Services Vacant Residential Lots Lange’s Replat of Brown’s Subdivision 1923 N. Betty Lane Clearwater, Florida 33755 Dear Ms. Kramer: At your request, I have made an appraisal report of the current market value of the fee simple estate of the above referenced real property. The property and methods utilized in arriving at the final value estimate are fully described in the attached report, which contains 19 pages and Addenda. This Appraisal Report has been made in conformance with and is subject to the requirements of the Code of Professional Ethics and Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Institute and the Appraisal Foundation. The Appraisal Report and final value estimate are subject to all attached Contingent and Limiting Conditions. I have made a careful and detailed analysis of the subject property and after analyzing the market data researched for this report, I estimate that the current market value of the referenced real property only and subject to the stated limitations, definitions and certifications set forth in the attached appraisal report as of March 11, 2022, was: THREE HUNDRED FORTY THOUSAND DOLLARS ($340,000) Respectfully submitted, JAMES MILLSPAUGH & ASSOCIATES, INC. . ____________________________ James M. Millspaugh, MAI JMM:sg JAMES M. MILLSPAUGH, MAI State-Certified General Real Estate Appraiser RZ58 TABLE OF CONTENTS INTRODUCTION Title Page Letter of Transmittal Table of Contents Site Photographs DESCRIPTIONS, ANALYSES AND CONCLUSIONS Identification of the Property 1 Census Tract Location/Zip Code 1 Flood Zone Location 1 Environmental Audit Data 1 Objective and Intended Use/Users of the Appraisal 2 Exposure Period Estimate 2 Statement of Ownership and Recent Sales History 2 Scope of the Appraisal 2 Definition of Market Value 3 Standard Contingent and Limiting Conditions 3 Certification 6 Area Description 7 Site Data 7 Assessment and Tax Data 9 Zoning and Land Use Data 9 Highest and Best Use 10 Land Value Estimate 11 Land Sales Analysis and Conclusions 18 Reconciliation 19 ADDENDA Qualifications of the Appraiser Standard Definitions Subject Plat Map EXISTING CONDITIONS VACANT RESIDENTIAL LOTS LANGE’S REPLAT OF BROWN’S SUBDIVISION 1923 N. BETTY LANE CLEARWATER, FLORIDA 33755 DATE OF PHOTOGRAPHS: MARCH 11, 2022 N. BETTY LANE VIEW LOOKING NORTH TOWARD SUBJECT ON RIGHT SPRING BRANCH VIEW FROM N. BETTY LANE EXISTING CONDITIONS VACANT RESIDENTIAL LOTS LANGE’S REPLAT OF BROWN’S SUBDIVISION 1923 N. BETTY LANE CLEARWATER, FLORIDA 33755 DATE OF PHOTOGRAPHS: MARCH 11, 2022 STATE STREET LOOKING EAST TOWARD SUBJECT ON RIGHT STATE STREET FRONTAGE AT DRAINAGE CULVERT AT SUBJECT NE CORNER EXISTING CONDITIONS VACANT RESIDENTIAL LOTS LANGE’S REPLAT OF BROWN’S SUBDIVISION 1923 N. BETTY LANE CLEARWATER, FLORIDA 33755 DATE OF PHOTOGRAPHS: MARCH 11, 2022 SPRING BRANCH CREEK SHORELINE VIEW INTERIOR TREE COVER/UNDERBRUSH IDENTIFICATION OF THE PROPERTY: The site fronts the east side of N. Betty Lane about 200’ north of Sunset Point Road with a secondary frontage on State Street. It is legally described as follows: Lot 4 less the N 150’, Lot 5 plus Lots 10-12 inclusive, Lange’s Replat of Brown’s Subdivision, Plat Book 24, Page 74. CENSUS TRACT LOCATION/ZIP CODE: #263/33755 FLOOD ZONE LOCATION: Pinellas County, Florida Map No. 12103C0106J Effective Date: August 21, 2021 The site is located in an AE special flood hazard area where finished floor elevations must be above the 14’-15’ range. Per the Clearwater Storm Atlas #251-B, the property has elevations in the 12’-14’ range and roughly 6’-8’ above the adjacent creek bed. As such, some fill will be required to elevate the slab above these levels and the adjacent road grades or 2+ story buildings over grade level parking may be more economical. ENVIRONMENTAL AUDIT DATA: The Appraisal has been performed without benefit of an environmental audit and presumes that no problems exist, however, I reserve the right to review and/or alter the value reported herein should a subsequent audit reveal problems. Given the adjacent south auto body and repair shop located south of the creek bed, any transfer of the property would likely require at a minimum a level one environmental audit. 2 OBJECTIVE AND INTENDED USE/USERS OF THE APPRAISAL REPORT: The objective of the appraisal report is to estimate the current market value of the subject real property only in fee simple interest as of March 11, 2022 (date of inspection and photographs). It is my understanding that the intended use of the report is for guidance to the City Parks and Recreation Department for their potential purchase of the subject site and the intended users of the report are the City of Clearwater and ownership representatives and no others. EXPOSURE PERIOD ESTIMATE: This is the past period of time required to have sold the subject property at my value estimate on the appraisal date. Given the brisk market for vacant residential lots in this area, this period would likely have been within 2-3 months. STATEMENT OF OWNERSHIP AND RECENT SALE HISTORY: The property per the public records was acquired in February 2006 the at a $350,000 price (recorded O. R. Book 14914, Page 1710) in the name of AHS Holdings, LLC. c/o Steven Hasley. An owner representative stated the site had been proposed for a boat storage use that was never developed. Currently, the site is listed for sale in the MLS (U-8153795) at $399,900 with one reported contract currently at $380,000 subject to typical development approval contingencies. I have not received nor reviewed a copy of the submitted contract. SCOPE OF THE APPRAISAL: The extent of my research effort for the sale of similar vacant residential land has focused on the proximate north Clearwater market while north Pinellas data has also been considered. Specifically, I have researched the public records through the Pinellas County Clerk's and Property Appraiser's files, the local MLS data bases, internet sources, several business periodicals and my newspaper clipping files. I have inspected the proximate areas, viewed the Comparable Land Sales and verified the details of the sales with a related party. The appraisal will include a Land Sales Comparison Approach that is the most reliable methodology for valuing vacant land. 3 1DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in the definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) Buyer and seller are typically motivated; (2) Both parties are well informed or well advised, and acting in what they consider their own best interests; (3) A reasonable time is allowed for exposure in the open market; (4) Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. ------------------------------------------- 1 Federal Deposit Insurance Corporation, 12 CFR, Part 323, RIN 3064-AB05, August 20, 1990, Section 323.2, Definitions STANDARD CONTINGENT AND LIMITING CONDITIONS: This Appraisal is subject to the following limiting conditions and contingencies: This Appraisal Report in no way represents a guaranty or warranty of estimated market value as reported herein. The Appraisal Report represents the opinion of the undersigned as to "one figure" based upon the data and its analysis contained herein. The legal description furnished is assumed to be correct and unless otherwise noted, no survey or title search has been made. No responsibility is assumed by the Appraiser(s) for these or any matters of a legal nature and no opinion of the title has been rendered. The property is 4 appraised as though under responsible ownership and management. The Appraiser(s) believe(s) that information contained herein to be reliable, but assume(s) no responsibility for its reliability. The Appraiser(s) assume(s) there are no hidden or unapparent conditions of the property, subsoil, or structure which would affect the value estimate. Unless otherwise noted, the Appraiser(s) has not commissioned termite or structural inspection reports on any improvements nor subsoil tests on the land. The attached photos, maps, drawings, and other exhibits in this report are intended to assist the reader in visualizing the property and have been prepared by the Appraiser(s) or his staff. These exhibits in no way are official representations/surveys of the subject property. Any distribution of the total valuation in this report between land and improvements applies only under the existing program of utilization. Separate valuations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. In this appraisal assignment, the existence of potentially hazardous material used in the construction or maintenance of the building, such as the presence of urea-formaldehyde foam insulation, and/or the existence of toxic waste, which may or may not be present on the property, was not observed by the Appraiser; nor does he/she have any knowledge of the existence of such materials on or in the property. The Appraiser, however, is not qualified to detect such substances. The existence of urea-formaldehyde insulation or other potentially hazardous waste material may have an effect on the value of the property. The Appraiser urges the client to retain an expert in the field if desired. The Appraiser(s) will not be required to appear in court unless previously arranged. The Appraiser's duties pursuant to his employment to make the Appraisal are complete upon delivery and acceptance of the Appraisal Report. Possession of this report or copy thereof does not carry the right of publication. Neither all nor any part of the contents of this report (especially any; conclusions as to value, the identity of the Appraiser(s), or the firm with which he is connected, or any reference to the Appraisal Institute or to the MAI or SRA designation) shall be disseminated to the public through advertising media, public relations media, news media, sales media, or any other public means of communication without the prior written consent and approval of the undersigned. 5 The Americans with Disabilities Act ("ADA") became effective January 26, 1992. The Appraiser(s) has (have) not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since the Appraiser(s) has (had) no direct evidence relating to this issue, the Appraiser(s) did not consider possible noncompliance with the requirements of ADA in estimating the value of the property. 6 CERTIFICATION The undersigned does hereby certify that, except as otherwise noted in this appraisal report: 1. As of the date of this report, I, James M. Millspaugh, have completed the requirements under the continuing education program of the Appraisal Institute. 2. I have personally inspected the subject property and have considered all factors affecting the value thereof, and to the best of my knowledge and belief, the statements of fact contained in this appraisal report, upon which the analyses, opinions and conclusions expressed herein are based, are true and correct, subject to all attached Contingent and Limiting Conditions. 3. I have no present or contemplated future interest in the real estate that is the subject of this appraisal report. 4. I have no personal interest or bias with respect to the subject matter of this appraisal report or the parties involved. 5. My fee for this appraisal report is in no way contingent upon my findings. The undersigned further certifies that employment for this appraisal assignment was not based on a requested minimum valuation or an approval of a loan. 6. This appraisal report sets forth all of the limiting conditions (imposed by the terms of my assignment or by the undersigned) affecting the analyses, opinions, and conclusions contained in this report. 7. This appraisal report has been made in conformity with and is subject to the requirements of the Code of Professional Ethics and Uniform Standards of Professional Practice of the Appraisal Institute and the Appraisal Foundation and may be subject to peer review. Further, I have met USPAP's competency provision and am capable of completing this appraisal assignment. 8. No one other than the undersigned prepared the analyses, conclusions and opinions concerning the real estate that are set forth in this appraisal report. 9. In my opinion, the estimated market value of the subject site only in fee simple estate as of March 11, 2022, was: THREE HUNDRED FORTY THOUSAND DOLLARS ($340,000) ____________________________________ James M. Millspaugh, MAI State-Certified General Real Estate Appraiser 0000058 7 AREA DESCRIPTION: This suburban residential district is reasonably close to the popular downtown Dunedin and its surrounding area plus is generally distant from the less-popular but improving downtown Clearwater market. The Myrtle/N. Ft. Harrison corridor is currently enjoying a substantial immigration of investors planning for future population growth that also adds to the residential demand for the subject area. While the housing here is of moderate value, the affordable housing potential here is at a high point for multiple decades and the “tucked away” character of this central portion of the area is highly desirable for either single or multi-family units. The existing older garden apartments located along Kings Highway have had past reputation problems but are suitable for rehab due to the sturdy masonry construction and the proximate supply of housing units on Sunset Point Road and N. Betty Lane reflect substantial upgrades to most areawide properties. Essentially, these characteristics of the immediate locale are no longer value limitations due to the near total buildout of the larger district. SITE DATA: The subject is boomerang-shaped and wraps around 6 plated lots in the subdivision with 2 frontages on State Street (101.6’) and N. Betty Lane (175’) that provide above average access. All of the lots except #5 and #10 have 50’ street frontage that is typical of this locale. The southwest diagonal of the lots borders Spring Branch, a local drainage outfall with an approximate 346’ frontage. Total land area per the Property Appraiser and public plat dimensions is 1.37 acres MOL or 59,677 SF while the owner’s past survey notes 1.31 acres or 57,064 SF which will be used for this report. The site slopes from State Street near 14’ to the creek branch near 12’ with the Spring Branch Creek providing an area outfall to Stephenson’s Creek. This drainage feature is a positive for the subject along with being an attractive natural site feature for low density residential uses. There is a man-made drainage ditch located near the east boundary of Lot 5 that cuts diagonally from the northeast corner to roughly 20’ to the west where it drains into the creek. Therefore, a triangular portion of lot 5 would be cut off from typical uses but would be an attractive yard feature. The creek is roughly 6’-8’ deep with partial south side broken block 8 9 lining apparently for erosion control. The entire group of lots is heavily wooded and overgrown with native and previous residential landscaping. There are a variety of second growth (mature oak trees) that would also favor single-family residential use. Surrounding uses include older and smaller residences along N. Betty Lane and State Street, State Street Park lands to the north, older residential to the west and auto service and mixed apartment/storage use is beyond the creek to the south. None of these adjacent or proximate uses are considered detriments to the area or the subject property. ASSESSMENT AND TAX DATA: Pinellas County Parcel # 2021 Assessment 2021 Gross Tax 03-29-15-49986-000-0050 $153,505 $3,119.47 A non homestead tax cap has reduced the gross tax to $2,897.60 with an early payment at $2,781.70. ZONING AND LAND USE DATA: The subject and surrounding lands are zoned MDR for Medium Density Residential with a Residential Urban - RU land use plan that allows up to a 7.5 PA density. The creek bed has a preservation classification that would only impact the edge of the subject lots. The regulations also have a maximum FAR (Floor Area Ratio) of 0.5 and ISR (Impervious Surface Ratio) of .75. The permitted uses include community gardens, residential homes to maximum of 6 residents and detached dwellings. Flexible standard level 1 uses include attached dwellings, community homes to 14, detached dwellings, schools and utility infrastructure with these concepts subject to greater scrutiny. Flexible level 2 uses include ALF, attached dwellings, congregate care, overnight accommodations, parking and residential infill with these concepts requiring additional scrutiny and restrictions. Most concepts require 5,000-40,000 SF site sizes with a variety of setbacks, lot dimensions and 30’-40’ height. The existing uses here all are allowable and consistent with the surrounding trends. 10 HIGHEST AND BEST USE: (Defined In Addenda) After a thorough area and site inspection, it is my opinion that sell-out of the original platted lots represents this concept. By using the platted lots, no alternate concept that would require onsite storm retention would be the most profitable. Further, the irregular site shape would be inefficient with added lost usable land. Given the strong residential demand for affordable housing, the platted lots represent a highly sought-after product that gains further value from the adjacent city park. All similar subdivisions here have continued to attract new construction that can be accommodated on 50’ wide lots. As such and given the flag lot option in the Clearwater zoning regulations (Section 3-105) by using a 14’ wide drive lane from N. Betty Lane to lot 4 less the north 150’ would allow a total of 5 lots. Two would front N. Betty Lane on lots 10-12 plus the 14’ drive lane to Lot #4 plus 2 in Lot #5 that would each have 50.8’ frontage and depth to the creek of roughly 270’-300’. The N. Betty Lane lots would include roughly 80’ frontage with the south lot being smaller but having creek frontage along the south border. By consideration of the lot sales referenced below, fair lot values would be approximated as follows: Lot #s Value Estimate E/2 Lot #5 To Creek $100,000 W/2 Of Lot #5 To Creek $100,000 S 250’ Of Lot #4 To Creek (Flag) $ 75,000 Part Of Lots #11-12, 80’ Frontage $ 60,000 Part Of Lots #10-11, 80’ Frontage To Creek $ 80,000 Total $415,000 A package of lots typically sells at a 20% approximate discount (wholesale) with the value estimates being retail to separate buyers/builders. 80% of the $415,000 then would support a $332,000 value ($415,000 x .80 = $332,000) for the subject as a package. That in turn would indicate a $5.82 PSF value ($332,000/57,064 = $5.82 PSF). While other alternate uses exist in this locale, the predominant use is for single-family and the smaller lot sizes/frontages would be suitable for affordable housing. While in a flood zone, the required elevation should present no substantial development issues or costs as building above grade creates greater auto/storage use under the building. The exposure to the creek and the public parks are location bonuses that would more than offset the exposure to the mixed-uses located across the Spring Branch Creek. 11 LAND VALUE ESTIMATE: The lot sales analysis in the Highest and Best section considered the following Land Sales Comparisons and an extensive review of MLS lot sales in the greater Clearwater area. While Dunedin is nearby, the lot sales there are substantially more valuable and as such have a positive impact here but are not good direct comparisons for the subject concept. Recent small 50’ frontage lots sold from 10/21-3/22 have ranged from $50,000-$105,000 with no location premium such as the adjacent park or running creek. They sold at an $77,333 average. Other Land Sales Comparables are described here on separate detail sheets and then analyzed and adjusted below in relation to the subject. 12 13 LAND SALE #1 Location: East side David Avenue approximately 275’ north of Gulf To Bay Boulevard, Clearwater Legal Description: Metes and Bounds #13/09 located in the SW/4 of the NE/4 of Section 17, Township 29 South, Range 16 East together with the N. 60’ of Lot 34, Gulf To Bay Gardens, Subdivision Plat Book 50, Page 60 Date of Sale: December 2020 Sales Price: $655,000 Size: 247,535 SF; 200’ x 1045’ main section plus 60’ x 135’ and 100’ x 300’ road segments; 5.68 Acres MOL Price Per Acre: $116,964 Grantor/Grantee: City of Clearwater/Good Goat, LLC. Recording Data: O.R. Book 21311, Page 2334 Sale Confirmed With: R. Byrzak, Grantor Rep. Zoning: US 19 Regional Center Zoning/Land Use Comments: This site comprises part wetlands (0.29 acres) plus a municipal wellhead site located in the southern 250’ of the main parcel. Both roadway frontage parcels provide vehicle access off narrow residential roadways neither having traffic lights on the heavily traveled six-lane Gulf To Bay Boulevard (SR #60). The property was purchased for development of a 14,262 SF Office building plus supporting paved parking for use by a regional office builder seeking proximity to major traffic corridors. The central part of the site has a natural minor stream that will allow a positive storm outfall under Gulf To Bay Boulevard to Tampa Bay. Surrounding uses are primarily low density residential, a modern MHP to the north and retail along Gulf To Bay Boulevard. The zoning allows a multitude of high intensity uses for retail, office and multi-family to a 2.5 maximum FAR. Drainage/utility easements border the property but did not interfere with the proposed improvements located near the northern site boundary. At this point in time, the proximate retail sales fronting Gulf To Bay Boulevard had sold in the $25.00-$30.00 PSF range for ½ acre sizes and an 8.33 acre parcel off McMullen- Booth Road at Union Street for ALF use had sold at $3,450,000/$9.53 PSF. 14 LAND SALE #2 Location: 1718 N. Betty Lane, Clearwater Legal Description: Metes and Bounds Parcel #43/04 located in the SE/4 of the SE/4 of Section 3, Township 29 South, Range 15 East Date of Sale: August, 2021 Sale Price: $750,000 Size: 563’ x 190’ MOL; 2.15 Acres MOL Price PSF: $8.00 Grantor: J.K. Baxter, et al./Habitat for Humanity of Pinellas County, Florida Recording Data: O.R. Book, 21661 Page 0551 Sale Confirmed With: J. Miller, Broker Zoning: R-4, Duplex Pinellas County with Residential Urban and General Commercial Land Use Comments: This site had formerly been used for auto salvage functions for decades and was purchased here for some form of residential use after demolition and site remediation performed by public sources. While partial commercial uses would have been allowed, the buyer developed nearby sites for residential use and the local government (Clearwater) did not favor that concept. 15 LAND SALE #3 Location: 70211 34th Street N. Pinellas Park (east side of 34th Street, 100’ north of 70th Avenue) Legal Description: Metes and Bounds Parcel #33/07 located in the SW/4 of the SW/4 of Section 26, Township 30 South, Range 16 East Date of Sale: September, 2021 Sale Price: $850,000 Size: 282’ x 529’; 3.43 Acres MOL Price PSF: $5.69 Grantor: Contemporary housing Alternative Of Florida, Inc./MK Equity, LLC. et al. Recording Data: O.R. Book 21722, Page 0415 Sale Confirmed With: R. Broderick, Broker Zoning: R-4, Duplex, Pinellas Park with Residential – Low-Medium Density Land Use Comments: This naturally wooded parcel is located just off US Highway 19 near the Pinellas Square Mall with traffic light access. The locale is mostly low density and older single- family/rental apartments suitable for affordable housing. The broker reported that the developer was planning 15-17 duplex lots with 8,712 SF (70’ x 100’) minimum sizes plus apartment sizes ranging from 450 SF for efficiencies to 800 SF for 3-bedroom units. This property was recently annexed to Pinellas Park. 16 LAND SALE #4 Location: SW corner of Poinsettia Avenue and Arbelia Street, Clearwater Legal Description: Lot 9, Block F, Brooklawn Subdivision, Plat Book 13, Page 49 Date of Sale: January 2022 Sales Price: $120,000 Size: 50’ x 100’ Price PSF: $24.00 Grantor/Grantee: Northpoint Construction/Mickool Properties, LLC. Recording Data: O.R. Book 21913, Page 1292 Sale Confirmed With: Blake Real Estate, Inc. - MLS Zoning: LMDR, Low-Medium Density, Clearwater Comments: This small, platted lot was purchased for development of a single-family residence after being listed for sale at $129,000. It has adjacent water and sewer service and is surrounded by moderate valued single-family residences. This locale has a shortage of available homesites. 17 LAND SALE #5 Location: 1051 Nokomis Street, Clearwater (south side approximately 100’ west of Apache Trail) Legal Description: E/2 of Lot 57 plus Lots 58-60 Inclusive, Block E, Navajo Park Revised, Plat Book 7, Page 63 Date of Sale: February, 2022 Sale Price: $175,000 Size: 87.5’ x 112.5’; 9,844 Price Per PSF: $17.77 Grantor/Grantee: Nokomid St. Trust/MKC Group Recording Data: O.R. Book 21942, Page 2565 Sale Confirmed With: E. Vance, Jr., Broker Land Use: LMDR, Low-Medium Density Residential, Clearwater Comments: This open lot was listed for sale at $199,000 and sold in roughly 6 months. This subdivision has mostly older and smaller single-family residences with little or no supply of vacant lots. The subdivision is located adjacent to Stevenson’s Creek where all lots are in a flood zone. 18 LAND SALES RE-CAP CHART Sale # Date Of Sale Sales Price Size In SF Price PSF 1 4/21 $290,000 61,022 $ 4.75 2 8/21 $750,000 93,654 $ 8.00 3 9/21 $850,000 149,411 $ 5.69 4 1/22 $120,000 5,000 $24.00 5 2/22 $175,000 9,844 $17.77 Subject Listing -- $399,900 57,064 $ 7.00 LAND SALES ANALYSIS AND CONCLUSIONS: These are the best known examples for small acreage and proximate lot sales. The latter appear to be “outlier” transactions that are substantially greater than recent trends but are shown to illustrate the exuberance of the current market where scarcity is a large factor. The larger sales are considered to be the most comparable to the subject that while having platted lots can also be viewed as raw acreage. Sale #1 is a good direct comparison in terms of size but has a superior location with restricted potential for multiple lot sales. Overall, this example is considered inferior to the subject due to the lot development restriction related to the restricted access/frontage in relation to the subject that has 275’ of roadway frontage plus the 346’ creek frontage to benefit the multiple lot use. Subject #2 is located nearby with a superior shape/frontage and a minor retail/service use potential. Overall, it is viewed as being generally superior with the added advantage of municipal support for affordable housing by the areas leading developer. Sale #3 is larger with greater duplex potential and a central location near the Pinellas Square Mall but being heavily influenced by weak demographics. Overall, the large size likely indicates a somewhat higher price level for the subject that also has the noted park and creek positives. 19 From review of these examples then I would value the subject acreage in the $6.00-$6.50 PSF range as follows: 57,064 SF @ $6.00 PSF = $342,384 57,064 SF @ $6.50 PSF = $370,916 ROUNDED TO $355,000 RECONCILIATION: Lot Value Estimate $332,000 Acreage Value Estimate $355,000 Given that affordable housing is the most likely use here while other alternatives are available, I would conclude a value closer to the lot value estimate at a rounded $340,000. ADDENDA QUALIFICATIONS OF THE APPRAISER JAMES M. MILLSPAUGH, MAI APPRAISAL EXPERIENCE: Appraisal experience in Pinellas County, Florida since 1968 when associated with Ross A. Alexander, MAI of Clearwater. Formed James Millspaugh & Associates, June 1980, in Clearwater. The firm concentrates the majority of its appraisal activities in Pinellas County with experience throughout the Tampa/St. Petersburg/ Clearwater MSA. APPRAISAL PLANT DATA: In addition to maintaining its location near the main Pinellas County Courthouse complex for easy access to governmental offices and the official public records maintained in the Clerk’s office for in-depth background research, the firm maintains Marshall Valuation Service Cost Data, online real estate transactions from RealQuest as provided by CoreLogic and MLS sales data provided by MFR.MLSMatrix plus national surveys on lodging, food service, offices, industrial parks, mini-storage, shopping center markets, investor return rates and others. COMMERCIAL APPRAISAL ASSIGNMENTS performed include golf courses, postal facilities, commercial buildings, shopping centers, warehouse/manufacturing buildings, mobile home and R.V. parks, financial institutions, nursing homes, motels, timeshares, restaurants, houses of worship, office buildings, apartment buildings, commercial and residential condominium projects (both proposed and conversions), marinas, theaters, fraternal buildings, school facilities, seaport facilities, railroad corridors, easements, leasehold and leased fee estates, life estates, vacant sites, including environmentally sensitive lands, and condemnation cases involving partial and total takings. Feasibility/market studies have been performed for industrial, office, retail, residential and timeshare markets. APPRAISAL EDUCATION: American Institute of Real Estate Appraisers (AIREA) courses successfully completed: I-A: Basic Principles, Methods and Techniques - 1973 VIII: Single Family Residential Appraisal - 1973 I-B: Capitalization Theory and Techniques - 1974 II: Urban Properties - 1975 IV: Condemnation - 1978 : Standards of Professional Practice - 1992, Parts A & B Society of Real Estate Appraisers (SREA) courses successfully completed: 301: Special Applications of Appraisal Analysis – 1980 JAMES M. MILLSPAUGH, MAI (Qualifications Continued) RECENT SEMINARS ATTENDED: Sponsored by The Appraisal Institute Valuation of Wetlands, 2004. Commercial Highest and Best Use – Case Studies:, 2005. Uniform Standards (Yellow Book) for Federal Land Acquisitions, 2007. Condominiums, Co-Ops and PUDS, 2007. Analyzing Distressed Real Estate, 2007. Appraisal Curriculum Overview, Two-Day General, 2009. Cool Tools: New Technologies for Real Estate Appraisers, 2010. Valuation of Detrimental Conditions, 2010. Analyzing Tenant Credit Risk/Commercial Lease Analysis, 2011. Fundamentals of Separating Real and Personal Property and Intangible Business Assets, 2012. Marketability Studies: Advanced Considerations and Applications, 2013. Lessons From the Old Economy: Working in the New, 2013. Critical Thinking in Appraisals, 2014. Litigation Appraising, 2015. Webinars on the FEMA 50% Rule, Wind Turbine Effects on Value and Contamination and The Valuation Process, 2015. Business Practice and Ethics, 2017. Parking and its Impact on Florida Properties, 2018. Solving Land Valuation Puzzles, 2018. Insurance Appraisals, 2018. Evaluating Commercial Leases, 2019. Artificial Intelligence, AVMs and Blockchain, 2019. Appraising Donated Real Estate Conservation Easements, IRS, 2020. Florida State Law Update, 2020. National USPAP Update, 2020. EDUCATION: Bachelor of Science in Business Administration, University of Florida Associates of Arts, St. Petersburg Junior College PROFESSIONAL AFFILIATIONS AND CERTIFICATION Member: Appraisal Institute with the MAI designation, Certificate #6087, awarded April, 1980. Mr. Millspaugh is a past President of The Gulf Atlantic Florida Chapter of the AI (formerly Florida Chapter No. 2), served as an admissions team leader for the West Coast Florida Chapter, is the past Chairman for the National Ethics Administration Division of the Appraisal Institute and served as the Region X Member of the Appellate Division of the Appraisal Institute. Mr. Millspaugh is a State-Certified General Real Estate Appraiser (RZ58) and has served as a pro-bono expert witness for the Florida Real Estate Appraisal Board. Member:Pinellas Realtors Organization, National Association of Realtors Note: The AIREA and SREA merged into one organization on January 1, 1991, that is now known as the AI - Appraisal Institute. STANDARD DEFINITIONS HIGHEST AND BEST USE: The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity. Alternatively, the probable use of land or improved property-specific with respect to the user and timing of the use-that is adequately supported and results in the highest present value. HIGHEST AND BEST USE OF LAND OR A SITE AS THOUGH VACANT: Among all reasonable, alternative uses, the use that yields the highest present land value, after payments are made for labor, capital, and coordination. The use of a property based on the assumption that the parcel of land is vacant or can be made vacant by demolishing any improvements. HIGHEST AND BEST USE OF PROPERTY AS IMPROVED: The use that should be made of a property as it exists. An existing improvement should be renovated or retained as is so long as it continues to contribute to the total market value of the property, or until the return from a new improvement would more than offset the cost of demolishing the existing building and constructing a new one. FEE SIMPLE ESTATE: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. LEASEHOLD INTEREST: The tenant's possessory interest created by a lease LEASED FEE INTEREST: A freehold (ownership interest) where the possessory interest has been granted to another party by creation of a contractual landlord-tenant relationship (ie., a lease). REPLACEMENT COST: The estimated cost to construct, at current prices as of the effective appraisal date, a substitute for the building being appraised, using modern materials and current standards, design and layout. REPRODUCTION COST: The estimated cost to construct, at current prices as of the effective date of the appraisal, an exact duplicate or replica of the building being appraised, using the same materials, construction standards, design, layout and quality of workmanship and embodying all the deficiencies, super-adequacies, and obsolescence of the subject building. ------------------------------------------------------------------- 2. Appraisal Institute, The Dictionary of Real Estate Appraisal - Fifth Edition, 2010. p. 78, 93, 94, 111, 168 and 169. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0236 Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Police Department Agenda Number: 5.1 SUBJECT/RECOMMENDATION: Approve the Electronic Surveillance Support Team Multi-Agency Voluntary Cooperation Mutual Aid Agreement for law enforcement services between the Florida Department of Law Enforcement (FDLE) and the City of Clearwater, effective upon execution through June 30, 2025, and authorize the appropriate officials to execute same. (consent) SUMMARY: Council previously approved the Electronic Surveillance Support Team Multi-Agency Voluntary Cooperation Mutual Aid Agreement with an expiration date of February 28, 2022, in June 2019. Mutual aid agreements among law enforcement agencies are authorized by Chapter 23, Florida Statutes, for rendering voluntary assistance of a routine law enforcement nature to one another across jurisdictional lines by and between such agencies to such lawful activities and to enter into an operational assistance agreement whereby each agency may request and render law enforcement assistance to the other law enforcement agencies during emergencies under Section 252.34, Florida Statutes. FDLE and each agency party to this agreement has custody and control of technical assets including but not limited to covert camera systems (including internet-based systems), cellular locating equipment, global positioning satellite (GPS) tracking equipment, and video and audio enhancement equipment, all of which is used in surveillance and location of subjects of violent criminal or missing persons investigations. Technical assistance is necessary for the deployment and effective use and operation of these technical assets, and certain requests for electronic surveillance support may require more resources, specially trained personnel or advanced technical equipment than a single agency can provide. The parties have determined that they can make efficient use of their powers and resources, in certain criminal cases that may require specialized expertise and have the potential to cross jurisdictional lines, through coordination and sharing of specialized technical resources and personnel. When engaged in Electronic Surveillance Support Team (ESST) operations that have been approved by and involve FDLE, as contemplated by the Mutual Aid Agreement, ESST members who do not otherwise have jurisdictional authority shall have full jurisdictional authority anywhere in the State of Florida, although principally focused within their “standard operational area” as set forth in Addendum A, with full power to enforce Florida laws and to avail themselves of the provision of this agreement. Page 1 City of Clearwater Printed on 4/27/2022 File Number: ID#22-0236 The parties agree to carry out their respective duties and responsibilities as outlined in the Electronic Surveillance Support Team Multi-Agency Voluntary Cooperation Mutual Aid Agreement (ESST MAA), subject to controlling law, policies, or procedures, and in consideration of the mutual interests and understandings expressed in the agreement. APPROPRIATION CODE AND AMOUNT: There is no cost associated with the ESST MAA. Page 2 City of Clearwater Printed on 4/27/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ORD 9571-22 Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Engineering Department Agenda Number: 6.1 SUBJECT/RECOMMENDATION: Approve the request from the owner of property addressed 1180 Starboard Way, Clearwater to vacate the 10-foot-wide platted Utility Easement, located on lots 9 and 10, Block X, Bay Terrace and Bay Terrace Addition, according to the map or plat thereof as recorded in Plat Book 13, Page 22, Public Records of Pinellas County, Florida, and pass Ordinance 9571-22 on first reading. SUMMARY: The property owner at 1180 Starboard Way, Clearwater, has requested that the City vacate the 10-foot-wide platted Utility Easement along the center lot line. The house was built on these platted easements in 1975. The lot was previously 2 separate lots. The purpose of this vacation is to provide space for a pool. There are no city utilities present within this easement. All private utility companies have no objection to the vacation provided the Northerly 5-foot Platted Utility Easement remains fully intact with no gap in Easement. The remaining rear and side lot easements will be sufficient for utility purposes and future city needs. City staff have reviewed this vacation and have no objection. Page 1 City of Clearwater Printed on 4/27/2022 [RE15-1313-080/286622/1] 1 Ord. No. 9571-22 ORDINANCE NO. 9571-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 10-FOOT-WIDE PLATTED UTILITY EASEMENT, LOCATED ON LOTS 9 AND 10, BLOCK X, BAY TERRACE AND BAY TERRACE ADDITION, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGE 22, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner in fee title of real property described and depicted in Exhibit “A” (attached hereto and incorporated herein), has requested that the City vacate said utility easement; and WHEREAS, the City Council of the City of Clearwater, Florida finds that said utility easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: A utility easement described as follows: See Exhibit “A” is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto, contingent upon, and subject to, the following conditions precedent: 1. Duke has no objections provided the Northerly, rear lot 5-foot-wide platted easement will remain fully intact with no gap in easement. 2. Easements granted and/or actions taken as required above by each entity, shall be in the location and in accordance with the terms of which are acceptable to the respective utility providers. Section 2. The City Clerk shall record this ordinance in the Public Records of Pinellas County, Florida, following adoption. [RE15-1313-080/286622/1] 2 Ord. No. 9571-22 Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ________________________________ PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ ________________________________ Frank Hibbard Mayor Approved as to form: Attest: ________________________________ ________________________________ Laura Mahony Rosemarie Call Senor Assistant City Attorney City Clerk Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0372 Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.2 SUBJECT/RECOMMENDATION: Approve an increase for purchase order 21000493 to Central Florida Contractors, Inc. of Seminole, FL, for the 2021 Sidewalks project, increasing the contract by $750,000.00 annually for a new annual not to exceed amount of $1,500,000.00 pursuant to Invitation to Bid (ITB) 20-0026-EN, and authorize the appropriate officials to execute same. (consent) SUMMARY: January 21, 2021, City Council awarded a construction contract to Central Florida Contractors, Inc. for the 2021 Sidewalk project on a unit price basis for a one-year term with the option to renew for three, one-year terms pursuant to ITB 20-0026-EN. The estimated start date was noted as February 4, 2021, however, due to contractor availability and finalizing locations, the contractor began work in June of 2021. The City of Clearwater’s annual sidewalk construction program is for the construction of new sidewalks which includes significant amounts of American Disabilities Act (ADA) related upgrades as well as repair and replacement of existing sidewalks, curbing, and driveway aprons throughout Clearwater. December of 2021, the Engineering Department was tasked with assisting Parks and Recreation Streets and Sidewalks division with a backlog of repairs totaling over 300 locations of varied complexity outside of the original proposed scope of this contract, the additional funds will be utilized in completing the backlog work as well as supporting increased efforts to make safety improvements and increase connectivity and accessibility across City neighborhoods for the current year as well as increasing the contract for future years (two through four). The City of Clearwater has approximately 360 miles of Sidewalks and 560 miles of various types of curb/gutters. APPROPRIATION CODE AND AMOUNT: ENRD180004-CONS-CNSTRC $750,000.00 Funds are available in capital improvement project ENRD180007, Streets and Sidewalks, to fund this increase in FY22 and will be funded in the capital project for years two (2) through (4). Page 1 City of Clearwater Printed on 4/27/2022 SECTION V Page i Updated: 5/4/2020 SECTION V CONTRACT DOCUMENTS Table of Contents PUBLIC CONSTRUCTION BOND ......................................................................................................... 1 CONTRACT ................................................................................................................................................ 4 CONSENT OF SURETY TO FINAL PAYMENT .................................................................................. 8 PROPOSAL/BID BOND ............................................................................................................................ 9 AFFIDAVIT .............................................................................................................................................. 10 NON-COLLUSION AFFIDAVIT ........................................................................................................... 11 PROPOSAL ............................................................................................................................................... 12 CITY OF CLEARWATER ADDENDUM SHEET ............................................................................... 14 BIDDER’S PROPOSAL ........................................................................................................................... 15 SCRUTINIZED COMPANIES AND BUSINESS OPERATIONS WITH CUBA AND SYRIA CERTIFICATION FORM ....................................................................................................................... 19 SCRUTINIZED COMPANIES THAT BOYCOTT ISRAEL LIST CERTIFICATION FORM...... 20 SECTION V – Contract Documents SECTION V Page 1 of 20 Updated: 5/4/2020 Bond No.: ________________ PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, “Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph.” CONTRACTOR SURETY OWNER Central Florida Contractors, Inc. P.O. Box 3978 Seminole, FL 33755 (727) 596-0708 City of Clearwater Engineering Department 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4750 PROJECT NAME: 2021 Sidewalks PROJECT NO.: 20-0026-EN PROJECT DESCRIPTION: This contract that includes the concrete construction of approximately 10,500 square feet of new sidewalk, approximately 45,000 square feet of replaced sidewalk, approximately 3,300 linear feet of curb, tree removal, ADA ramps and related items within the City of Clearwater as shown on the engineering maps prepared by the City of Clearwater Engineering Dept. BY THIS BOND, We, Central Florida Contractors Inc., as Contractor, and __________________________________________________, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $750,000.00, for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the contract dated _________________, between Contractor and Owner for construction of 2021 Sidewalks, the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and SECTION V – Contract Documents SECTION V Page 2 of 20 Updated: 5/4/2020 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and SECTION V – Contract Documents SECTION V Page 3 of 20 Updated: 5/4/2020 Bond No.:________________ PUBLIC CONSTRUCTION BOND (2) 3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). Central Florida Contractors, Inc. By: ____________________________ Title: ____________________________ Print Name: ____________________________ WITNESS: WITNESS: _______________________________________ _______________________________________ Corporate Secretary or Witness Print Name: ____________________________ Print Name: _____________________________ (affix corporate seal) _______________________________________ (Corporate Surety) By: _________________________________ ATTORNEY-IN-FACT Print Name: ___________________________ (affix corporate seal) (Power of Attorney must be attached) SECTION V – Contract Documents SECTION V Page 4 of 20 Updated: 5/4/2020 CONTRACT (1) This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and Central Florida Contractors, Inc., of the City of Seminole County of Pinellas and State of Florida, hereinafter designated as the "Contractor". [Or, if out of state:] This CONTRACT made and entered into this ___ day of ____________, 20___ by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and _____________________________________, a/an _____________(State) Corporation authorized to do business in the State of Florida, of the City of ____________________ County of __________________________ and State of ____________, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: PROJECT NAME: 2021 Sidewalks PROJECT NO.: 20-0026-EN in the amount of $750,000.00 In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, technical specifications, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. SECTION V – Contract Documents SECTION V Page 5 of 20 Updated: 5/4/2020 CONTRACT (2) THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB CONTRACTOR, AGENT SERVANTS OR EMPLOYEES, TO THE LIMITS OF § 725.06(2). In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the public construction bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such public construction bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. SECTION V – Contract Documents SECTION V Page 6 of 20 Updated: 5/4/2020 CONTRACT (3) In addition to all other contract requirements as provided by law, the contractor executing this agreement agrees to comply with public records law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 727-562-4092, Rosemarie.Call@myclearwater.com, 600 Cleveland St. Clearwater, FL 33756 The contractor’s agreement to comply with public records law applies specifically to: a) Keep and maintain public records required by the City of Clearwater (hereinafter “public agency”) to perform the service being provided by the contractor hereunder. b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The contractor hereby acknowledges and agrees that if the contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and SECTION V – Contract Documents SECTION V Page 7 of 20 Updated: 5/4/2020 CONTRACT (4) 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. j) A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: __________________________________ (SEAL) William B. Horne, II City Manager Attest: Countersigned: __________________________________________ Rosemarie Call City Clerk By: __________________________________ Approved as to form: Frank Hibbard Mayor __________________________________________ Owen Kohler Assistant City Attorney Contractor must indicate whether: ______ Corporation, ______ Partnership, ______ Company, or ______ Individual __________________________________________ (Contractor) By: _________________________ (SEAL) Print Name: ________________________________ Title: _____________________________________ The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation – provide Affidavit. SECTION V – Contract Documents SECTION V Page 8 of 20 Updated: 5/4/2020 CONSENT OF SURETY TO FINAL PAYMENT TO OWNER: City of Clearwater PROJECT NAME: 2021 Sidewalks Engineering Dept. PROJECT NO.: 20-0026-EN 100 S. Myrtle Ave. CONTRACT DATE: [__________] Clearwater, FL 33756 BOND NO.: [__________], recorded in O.R. Book [____], Page [____], of the Public Records of Pinellas County, Florida. CONTRACTOR: Central Florida Contractors, Inc. Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: [insert name of Surety] [address] [address] ,SURETY, on bond of Central Florida Contractors, Inc. P.O. Box 3987 Seminole, FL 33775 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater Engineering Dept. 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ___________, ______ __________________________________________ (Surety) __________________________________________ (Signature of authorized representative) __________________________________________ (Printed name and title) Attest: (Seal): SECTION V – Contract Documents SECTION V Page 12 of 20 Updated: 5/4/2020 PROPOSAL (1) TO THE CITY OF CLEARWATER, FLORIDA, for 2021 Sidewalks (20-0026-EN) and doing such other work incidental thereto, all in accordance with the contract documents, marked 2021 Sidewalks (20-0026-EN) Every bidder must take notice of the fact that even though his proposal be accepted and the documents signed by the bidder to whom an award is made and by those officials authorized to do so on behalf of the City of Clearwater, Florida, that no such award or signing shall be considered a binding contract without a certificate from the Finance Director that funds are available to cover the cost of the work to be done, or without the approval of the City Attorney as to the form and legality of the contract and all the pertinent documents relating thereto having been approved by said City Attorney; and such bidder is hereby charged with this notice. The signer of the Proposal, as bidder, also declares that the only person, persons, company or parties interested in this Proposal, are named in this Proposal, that he has carefully examined the Advertisement, Instructions to Bidders, Contract Specifications, Plans, Supplemental Specifications, General Conditions, Special Provisions, and Public Construction Bond, that he or his representative has made such investigation as is necessary to determine the character and extent of the work and he proposes and agrees that if the Proposal be accepted, he will contract with the City of Clearwater, Florida, in the form of contract; hereto annexed, to provide the necessary labor, materials, machinery, equipment, tools or apparatus, do all the work required to complete the contract within the time mentioned in the General Conditions and according to the requirements of the City of Clearwater, Florida, as herein and hereinafter set forth, and furnish the required surety bonds for the following prices to wit: If the foregoing Proposal shall be accepted by the City of Clearwater, Florida, and the undersigned shall fail to execute a satisfactory contract as stated in the Advertisement herein attached, then the City may, at its option determine that the undersigned has abandoned the contract, and thereupon this Proposal shall be null and void, and the certified check or bond accompanying this Proposal, shall be forfeited to become the property of the City of Clearwater, Florida, and the full amount of said check shall be retained by the City, or if the Proposal Bond be given, the full amount of such bond shall be paid to the City as stipulated or liquidated damages; otherwise, the bond or certified check accompanying this Proposal, or the amount of said check, shall be returned to the undersigned as specified herein. US 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 CAMPBELL CSWY S MISSOURI AVE N HIGHLAND AVE KINGS HWY S BELCHER RD MEMORIAL CSWY N MYRTLE AVE N OLD COACHMAN RDDOUGLAS AVE PALMETTO ST BAYSI DE BRG VIRGINIA AVE SUNSET DR UNION ST Document Path: C:\Users\Wioletta.Dabrowski\City of Clearwater\Engineering Geographic Technology - Engineering\Location Maps\2021_Sidewalk_Grinding_Contract\2021SidewalkConstruction.mxd 2021 Sidewalk Area not in Clearwater Jurisdiction Clearwater Service Area 2021 Sidewalk Construction (20-0026-EN) 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 1XX-XXs-XXeS-T-R:BEReviewed By:WDMap Gen By: ² N.T.S.Scale:XXXXGrid #:Date:11/25/2020 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0316 Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.3 SUBJECT/RECOMMENDATION: Ratify and Confirm Change Order 3 from Biltmore Construction, Inc., for the NORD Underground Refuse System (19-0003-SW) in the amount of $127,590.00 increasing the contract from $669,826.00 to $797,416.00 per Request for Qualifications (RFQ) 24-16 Construction Manager at Risk (CMAR); add 250 calendar days to the contract; and authorize the appropriate officials to execute same. (consent) SUMMARY: October 16, 2019, City Council approved CMAR proposal in the amount of $650,500.00 for the installation of the underground refuse systems at seven locations throughout the city. April 21, 2020, City Manager approved Change Order #1 increasing the contract by $16,500.00 to conduct ground penetrating radar at the seven sites to identify locations of underground utilities and confirm proposed refuse unit locations. June 23, 2020, City Manager approved Change Order #2 increasing the contract by $2,826.00 for additional survey work at the seven sites for a new contract total of $669,826.00. This change order increases the contract by $127,590.00 and is for additional site work at BayCare Ballpark and at Parking Lot #32. At BayCare Ballpark, an existing storm drain was rerouted, electrical work was completed for site lighting, concrete was replaced after removing two planters, and asphalt was applied to the driveway as part of site restoration. Parking Lot #32 located at 420 South Gulfview Blvd, North of Opal Sands, required relocation of electrical conduit, removal of concrete foundation from an old seawall, and the existing sidewalk was regraded to drain properly. In the interest of time, work was completed while the construction company was mobilized at each site. APPROPRIATION CODE AND AMOUNT: 3247324-563800-C2005 $127,590.00 Funds are available in capital improvement project C2005, Underground Refuse, to fund this change order. Page 1 City of Clearwater Printed on 4/27/2022 Ratify & Confirm Change Order 3 & Final Date: March 30, 2022 PROJECT:PROJECT NUMBER: 19-0003-SW NORD Underground Refuse PURCHASE ORDER:20000220 CONTRACTOR: COUNCIL AWARD: October 16, 2019 Biltmore Construction Co. Inc. CONTRACT DATE:October 17, 2019 1055 Ponce De Leon Blvd. Belleair, FL 33756 CODE: 3247324-563800-C2005 SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: Biltmore Construction Co., Inc. ORIGINAL CONTRACT AMOUNT 650,500.00$ Admin Change Order 1 - City Mgr 4/21/2020 16,500.00$ By: (Seal) Admin Change Order 2 - City Mgr 6/23/2020 2,826.00$ Jeff Parker, Vice President R&C Change Order 3&Final - City Council 5/5/2022 127,590.00$ NEW CONTRACT AMOUNT 797,416.00$ Date: APPROVED AS TO FORM: Witnesses: (two) Frank Hibbard, Mayor APPROVED AS TO FORM: Owen Kohler, Assistant City Attorney Recommended By: City of Clearwater Rosemarie Call, City Clerk Date: CITY OF CLEARWATER, in Sarah Kessler, Project Manager PINELLAS COUNTY, FLORIDA Jon P. Jennings City Manager Tara Kivett,City Engineer to increase and add items for rerouting an existing Stormwater drainage, electrical for site lighting and driveway restoration and add 250 calendar days to the contract-see attachment Page 2 of 2 Ratify & Confirm Change Order 3 & Final: NORD Underground Refuse ITEM DESCRIPTION UNIT Qty UNIT COST TOTAL COST Increases: 1 Division 2 Site Work LS 0.19637 455,610.00$ 89,469.00$ 5 Liability Insurance LS 0.18699187 6,150.00$ 1,150.00$ 6 Performance and Payment Bond LS 0.187225549 5,010.00$ 938.00$ 8 General Requirements and Conditions LS 0.541052105 28,001.00$ 15,150.00$ 9 Overhead & Profit LS 0.217386193 76,555.00$ 16,642.00$ Total Increases:123,349.00$ Additions: 10 Division 16 Electrical LS 1 $4,241.00 4,241.00$ Total Additions:4,241.00$ Total Increases/Additions:127,590.00$ Item # Description Revised Value 1 Division 2 Sitework (Nichols) Concrete Work at Baycare Park $4,200.00 Storm Line at Baycare Park $46,850.00 Asphalt Work at Baycare Park $10,750.00 Concrete & Foundation Removal at Opal Sands $18,009.00 Sidewalk Removal Replacement for Drainage at Opal Sands $9,660.00 10 Division 16 Electrical (Fl. Electric) Electrical at Baycare Park $4,091.00 Electrical at Opal Sands $150.00 5 Liability Insurance $1,150.00 6 Performance & Payment Bond $938.00 8 General Requirements and Conditions $15,150.00 9 Overhead & Profit $16,642.00 Total $127,590.00 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0373 Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.4 SUBJECT/RECOMMENDATION: Approve an Interlocal Agreement and a Maintenance Agreement between the City of Clearwater and Pinellas County for the installation of wayfinding signage associated with the City’s Wayfinding project (19-0016-EN) and authorize the appropriate officials to execute same. (consent) SUMMARY: The purpose of this item is to request approval of an interlocal agreement and a maintenance agreement to complete the permitting process for six signs proposed in county right-of-way as part of the City’s ongoing Wayfinding program as well as for signage to be installed on the Duke Energy Trail pedestrian bridge over US Hwy 19, just south of Enterprise Road. These agreements delineate usage and maintenance responsibilities between the two parties. The City will assume responsibility for the maintenance of the signs themselves and be responsible for any direct impacts to the County’s property as the direct result of the signs installation and operation. The overall responsibility for maintenance of the areas at which the signs are installed remains with Pinellas County. May 20, 2021, City Council approved a $955,826 CMAR contract to Biltmore Construction per RFQ #40-20, to fabricate and install wayfinding signs. Page 1 City of Clearwater Printed on 4/27/2022 Page 1 of 6 INTERLOCAL WAYFINDING SIGN AGREEMENT THIS INTERLOCAL WAYFINDING SIGN AGREEMENT made by and between PINELLAS COUNTY, a political subdivision of the State of Florida (“County”) and the CITY OF CLEARWATER, a municipal corporation of the State of Florida (“City”), collectively “Parties”. RECITALS WHEREAS this Agreement is made and entered between the Parties pursuant to Section 163.01, Florida Statutes, the "Florida Interlocal Cooperation Act of 1969," and WHEREAS Thomas Sign & Awning Co., has applied to Pinellas County to install six (6) new City Gateway signs within County right-of-way as set forth in the Utilization Permit application (“Signs”) which is incorporated into Utilization Permit no. RUP-21-01222.; and WHEREAS the County agrees that the City can have placed or installed, and can operate and maintain the Signs pursuant to Utilization Permit No. RUP-21-01222 (“Utilization Permit”) attached as Exhibit A. NOW THEREFORE, in consideration of the mutual covenants herein contained and the benefits to be derived by the Parties to this Agreement and other good and valuable consideration hereby acknowledged, the Parties agree as follows: SECTION 1 COUNTY’S COMMITMENT 1.The County hereby agrees that the City can install or have a contractor install the Signs perthe corresponding Utilization Permit noted above. 2.The County will continue to maintain the right-of-way in accordance with the County’smaintenance policies and level of service. Such maintenance does not include maintenanceof the Signs. SECTION 2 CITY’S COMMITMENT 1.The City will install or construct, operate and maintain Signs in County right-of-way inaccordance with the Utilization Permit. Other than the maintenance responsibilities the Cityhas agreed to under this Section 2.1, the City will have no other maintenance responsibilitiesregarding the County’s right-of-way. 2.The City recognizes that it is placing signage within the County’s right-of-way that is notgenerally placed or maintained by Pinellas County and that cannot interfere with the safeand efficient use of the right-of-way. 3.Should the City seek to install additional signage not specified in Exhibit A, including anyadditional sign content, the City shall seek an amended utilization permit and cannot installany additional elements for which maintenance responsibility is not specifically assigned inthis Agreement absent an amendment to this Agreement. The City recognizes that theCounty may, within its sole discretion, withhold approval of sign content. Page 2 of 6 4. Construction, installation, and maintenance of the Signs must not create obstructions or conditions which may become dangerous to the traveling public. 5. The City must always maintain the Signs, and at its expense, including, but not necessarily limited to replacement and restoration of the Signs and surrounding Right-of-way, in a timely manner in the event resulting in damage; the City agrees to perform its maintenance responsibilities so that the Signs are maintained in good repair and remain aesthetically pleasing. The City’s maintenance in accordance with this provision, is a material term of this Agreement. 6. During the term of this Agreement, any contractors or subcontractors hired by the City, for the installation and maintenance of the Project, shall provide and maintain the following type of insurance with companies meeting the qualifications below. A. Comprehensive General Liability Insurance including, but not limited to, Independent Contractor, Contractual, Premises/Operations, Products/Completed Operations, Explosion, Collapse and Underground and Personal Injury covering the liability assumed under indemnification provisions of this License, with limits of liability for personal injury and/or bodily injury, including death and, property damage of not less than $1,000,000 per occurrence and $2,000,000 aggregate limit. Coverage shall be on an occurrence basis, and the policy shall include Broad Form Property Damage coverage, and Fire Legal Liability of not less than $50,000, per occurrence, unless otherwise stated by exception herein. B. Workers Compensation shall be provided at limits no less than those required by law; Employers’ Liability Insurance of not less than $500,000 for each accident. C. Automobile Liability Insurance shall be provided in accordance with the laws of the State of Florida as to the ownership, maintenance and use of all owned, non-owned, leased or hired vehicles. The bodily injury and property damage limits shall not be less than $1,000,000 combined single limit each accident. D. Excess or Umbrella Liability Insurance excess of primary coverage of $1,000,000 per occurrence and $2,000,000 aggregate required in paragraphs (A), (B), (C) above. E. Pollution Legal/Environmental Legal Liability Insurance with limits not less than $1,000,000 per occurrence and $1,000,000 aggregate. Coverage shall apply to sudden and gradual pollution conditions. F. Any insurance company providing the required coverages above shall have a Best’s rating of at least A- VIII. G. Insurance coverage shall be primary and non-contributory. H. To the extent permitted by law, all policies providing liability coverage(s), other than professional liability and workers compensation policies, obtained by the Contractor and any subcontractors to meet the requirements of this Agreement shall be endorsed to include Pinellas County, a Political Subdivision of the State of Florida and the City of Clearwater as primary, non-contributory Additional Insureds indicating coverage on certificate boxes is not adequate. A copy of the actual endorsement or policy declaration page indicating such coverage must be submitted along with Certificate. Page 3 of 6 I. Insurance policies, other than Professional Liability, shall include waivers of subrogation in favor of Pinellas County, and the City of Clearwater from the contractor and subcontractor(s). Indicating such coverage on certificate is not adequate. A copy of the actual endorsement or policy declaration page indicating such coverage must be submitted along with Certificate. 7. To the extent permitted by law, the City shall indemnify and cause any third-party contractor to indemnify, hold harmless, pay on behalf of, and pay the costs of defense of the County, its officers, employees, and agents from and against all claims, damages, losses, and expenses, arising out of or resulting from the construction, installation, placement, or maintenance of Signs by or on behalf of the City pursuant to this Agreement. Costs of defense shall include reasonable attorney’s fees should the County deem it necessary to retain outside counsel due to the nature of the claim, or should the County deem it appropriate to use in-house attorneys as per its usual course, costs of defense shall be limited to actual costs, excluding attorney’s fees. The City consents to be sued by third parties for any claims arising during the term of this Agreement, for which the City is not immune from suit and only to the extent of the waiver of sovereign immunity under Florida Statutes Section 768.28, and arising out of the construction, installation, and placement of the Signs it installs pursuant to the Utilization Permit and arising out of the maintenance or failure to maintain Signs in accordance with this Agreement. Nothing herein shall be construed as a waiver of any immunity from or limitation of liability that either Party may be entitled to under the doctrine of sovereign immunity or Section 768.28, Florida Statutes. 8. The City releases and holds the County harmless for any damage to the Project resulting from the County’s right-of-way maintenance. 9. Any contract entered into by the City in furtherance of the activities permitted by this Agreement shall contain the following indemnification language: “The Contractor agrees to indemnify, hold harmless, pay on behalf of, defend Pinellas County, its officers, agents, and employees, and pay the costs of defense of Pinellas County and its agents and employees from and against all claims, damages, losses, and expenses arising out of or resulting from the Contractor’s actions undertaken pursuant to this Agreement. The duty to defend under this paragraph is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, the County, and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to the Contractor. The Contractor's obligation to indemnify and defend under this Article will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations.” SECTION 3 EFFECTIVE DATE AND TERMINATION This Agreement shall take effect immediately upon filing with the Clerk of the Circuit Court in Pinellas County in accordance with the Florida Statutes, Section 163.01(11) and shall continue in full force and effect unless and until terminated in writing by the Parties. Page 4 of 6 Pinellas County may terminate this Agreement without cause with ninety (90) days’ written notice to the City. Should the City opt to discontinue maintenance of all improvements constructed pursuant to this Agreement, the City shall provide thirty (30) days’ written notice to the County. At the time of termination, the City shall remove those improvements installed pursuant to this Agreement by or on behalf of the City that the County requests be removed, and, at the City’s sole expense, restore the County’s property to its original condition, other than the portion of the improvements that the County does not direct be removed. Unless otherwise specified, the City’s maintenance responsibilities and duties pursuant to Section 2 of this Agreement shall terminate upon the termination of this Agreement, however terminated. SECTION 4 AMENDMENT OR MODIFICATIONS This Agreement shall not be amended or modified without written consent by each Party hereto. SECTION 5 DEFAULT Should the City not abide by the terms outlined herein, the City shall automatically be found in default of this Agreement and the Utilization Permit. Upon written notice given by the County, the City shall have sixty (60) days to cure the default. If the default is not cured, this Agreement and Right-of-way Utilization Permit shall immediately terminate unless otherwise agreed in writing by the County. Should, due to default, the County choose to remove the Signs and restore the County’s property to its original condition, the City shall be liable for all costs associated therewith. SECTION 6 ENTIRE AGREEMENT This Agreement, shall constitute the entire agreement between the Parties, including the exhibit hereto. Any prior understanding or representation of any kind preceding the date of this Agreement and not expressly incorporated herein shall not be binding on either Party. SECTION 7 MISCELLANEOUS PROVISIONS 1. If at any time during the duration of the Agreement, the City desires to remove or end maintenance of any Sign for which the City is responsible to maintain, the City may do so upon thirty (30) days’ notice to the County and, must restore the property to its original condition, without terminating or defaulting this Agreement. 2. If any word, clause, sentence, or paragraph of this Agreement is held invalid, the remainder of this Agreement shall remain in full force. 3. This Agreement shall be construed in accordance with the laws of the State of Florida and venue for any action brought pursuant hereto shall be in Pinellas County. 4. Nothing herein shall be construed to create any third-party beneficiary rights in any person not a party to this Agreement. Page 5 of 6 5. All notices and submittals required by law and by this Agreement to be given by one (1) party to the other shall be in writing and shall be sent to the following respective addresses: COUNTY: Public Works Director, Public Works Department, 22211 U.S. Highway 19 North, Clearwater, Florida 33765, phone: 727-464-8900, email: pwopsweb@pinellascounty.org CITY: Tara Kivett, P.E., City of Clearwater, 100 South Myrtle Ave., Clearwater, Florida 33756, phone: 727-562-4758, email: Tara.Kivett@MyClearwater.com 6. Both Parties acknowledge that the records relating to this Agreement and the carrying out of the obligations hereunder are subject to the provisions of Florida Statutes, Chapter 119. [The remainder of the page is intentionally left blank] Page 6 of 6 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date of the last signature as set forth below. CITY OF CLEARWATER, FLORIDA _____________________________ ________________________________ Frank V. Hibbard, Mayor Jon Jennings, City Manager Approved as to form: Attest: ______________________________ ________________________________ City Attorney Rosemarie Call, City Clerk PINELLAS COUNTY, a political subdivision of the State of Florida By: _______________________________ Joe Lauro, Director of Administrative Services Date: _____________________________ PCAO 356269 [GM07-1310-004/243540/1] 1 of 5 PINELLAS COUNTY GOVERNMENT IS COMMITTED TO PROGRESSIVE PUBLIC POLICY, SUPERIOR PUBLIC SERVICE, COURTEOUS PUBLIC CONTACT, JUDICIOUS EXERCISE OF AUTHORITY AND SOUND MANAGEMENT OF PUBLIC RESOURCES, TO MEET THE NEEDS AND CONCERNS OF OUR CITIZENS TODAY AND TOMORROW INTERLOCAL MAINTENANCE AGREEMENT BETWEEN PINELLAS COUNTY AND THE CITY OF CLEARWATER TO INSTALL AND MAINTAIN MARQUE SIGN FOR DUKE ENERGY TRAIL BRIDGE OVER US HWY 19 BRIDGE #159018 [GM07-1310-004/243540/1] 2 of 5 SECTION 1 INTENT OF AGREEMENT THIS AGREEMENT, made and entered into on the _____ day of ____________, 20___ by and between Pinellas County, a political subdivision of the State of Florida, hereinafter called the “COUNTY”, and the City of Clearwater, a municipal corporation of the State of Florida, hereinafter called the “CITY”. WHEREAS, this Agreement is made and entered between the parties pursuant to Section 163.01, Florida Statutes, the "Florida Interlocal Cooperation Act of 1969;" and WHEREAS, the CITY and COUNTY desire to provide the best and most efficient service possible to all of its respective citizens relative to maintenance of bridges, and WHEREAS, the Duke Energy Trail Bridge over US Highway 19, also known as Bridge #159018 (hereinafter “BRIDGE”) is fully contained within the municipal limits of the CITY and provides direct service to citizens of the CITY, and WHEREAS, the CITY now desires to install City Marque Sign on the BRIDGE and assume full maintenance responsibility of the fence/cage only as it pertains to the sign location and its effect on the cage and its connections to the BRIDGE deck (the “PROJECT”), in accordance with the limits shown on Exhibit A which is attached hereto and incorporated herein, and WHEREAS, the CITY will be responsible for all aspects of the PROJECT, and WHEREAS, the COUNTY and the CITY are authorized under Section 335.0415, Florida Statutes, 1995, to enter into agreements with other governmental entities, to provide for the transfer of maintenance responsibilities of public roads and facilities; and WHEREAS, the CITY will provide all funding for and/or perform the various improvements and maintenance. NOW THEREFORE, in consideration of the covenants and agreements hereafter contained, it is mutually agreed by and between the parties hereto as follows: SECTION 2 RESPONSIBILITIES OF THE PARTIES 2.1 The COUNTY agrees to allow the CITY to install a marque sign on the BRIDGE. 2.2 The COUNTY hereby transfers full maintenance responsibilities and relinquishes all jurisdictional authority and liability for the PROJECT. 2.3 CITY will maintain and accept responsibility for all signage, fencing, fence posts, pedestals, bolts, electrical conduit, lighting, any meters, wires, and concrete where the pedestals are attached to the BRIDGE in the area depicted on Exhibit A. Any cleaning, painting, rust protection, and concrete repairs within the PROJECT limits depicted on Exhibit A are responsibility of the CITY. [GM07-1310-004/243540/1] 3 of 5 2.4 CITY shall be responsible for payment of electricity to power company. 2.5 The CITY agrees that it shall fulfill its maintenance responsibilities in a manner so as not to harm any aspect of the BRIDGE. 2.6 The CITY will be responsible for all aspects of the PROJECT. 2.7 Upon completion of the PROJECT, the CITY shall be responsible for ongoing maintenance as described above as part of its operating and maintenance activities. COUNTY will include the Marque Sign in scope of the periodic bridge inspection efforts and distribute reports to the CITY for consideration. 2.8 The COUNTY and the CITY shall be fully responsible for their own acts of negligence and their respective agents’ acts of negligence, when such agents are acting with in the scope of their employment; and shall 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 COUNTY or the CITY. Nothing herein shall be construed as consent by the COUNTY or CITY to be sued by third parties in any matter arising out of this Agreement. The CITY agrees to indemnify and pay the costs of defense should the COUNTY be sued for the CITY’s installation, maintenance, and operation of the PROJECT, however the CITY is not liable for the COUNTY’s sole negligence. SECTION 3 AGREEMENT OF TERMS, FILING, EFFECTIVE DATE AND TERMINATION 3.1 This Agreement contains the entire Agreement between the parties. There are no promises, terms, conditions or allegations other than those contained herein and this document shall supersede all previous communications, representations and/or agreements, whether written or verbal, between the parties hereto. This Agreement may be modified only in writing executed by all parties. This Agreement shall be binding upon the parties, their successors, assigns and legal representatives. 3.2 As required by Section 163.01(11), Florida Statutes, this Agreement shall be filed with the Clerk of the Circuit Court of Pinellas County after execution by the parties, and shall be effective upon filing. 3.3 This Agreement shall take effect immediately upon filing with the Clerk of the Circuit Court and shall continue in full force and effect unless and until terminated, in writing, by mutual agreement of both the CITY and the COUNTY. 3.4 This Agreement may be terminated by the COUNTY upon sixty (60) days written notice otherwise it will terminate upon replacement of the bridge. 3.5 If the Agreement is terminated before replacement of the BRIDGE the CITY will remove all project installations and return the BRIDGE to the original condition. [GM07-1310-004/243540/1] 4 of 5 3.6 Replacement of the BRIDGE remains the responsibility of the COUNTY. If the CITY desires a sign on the replacement bridge, a new agreement must be executed. SECTION 4 MISCELLANEOUS PROVISIONS 4.1 Any amendment to or modification of the Agreement or any alteration, extension, supplement or change of time or scope of the work shall be in writing and signed by both parties. 4.2 If any word, clause, sentence or paragraph of the Agreement is held invalid, the remainder of this Agreement shall remain valid and binding on both Parties. 4.3 This Agreement shall be governed and construed in accordance with the laws of the State of Florida. 4.4 Nothing herein shall be construed to create any third party beneficiary rights in any person not a party to this Agreement. [GM07-1310-004/243540/1] 5 of 5 SECTION 5 OFFICIAL NOTICE IN WITNESS WHEREOF, the parties hereto have caused these present to be executed by their duly authorized officers, and their official seals hereto affixed, the day and year first above written. CITY OF CLEARWATER PINELLAS COUNTY A municipal corporation of the State of Florida A political subdivision of the State of Florida By: By: Jon Jennings, City Manager Barry A. Burton, County Administrator COUNTERSIGN: WITNESS: By: By: Frank Hibbard, Mayor ATTEST: By: Rosemarie Call, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Laura Mahony, Senior Assistant City Attorney Jewel White, County Attorney EXHIBIT "A" MAGNOLIA JACARANDA Marina Plaza EdgewaterTerr ParkCirN ParkCirSChase Dr San Juan HARRIS HIGHLAND PERSHING Washington St Cedar GRANT CT FREDERICA N Hibiscus S Hibiscus NEW JERSEY TANGERINEJENNIFERLimewoodDarbyThistleAvLN SANTAMONICA Somer s e tLimewoodDevonCHELSEACir NPl Cir S SALVADORDRSAN SANTADRMONICA ScotchwoodWINDINGSleepy HollowBROOKDAV I E SBurnleySpicewood AshfordTivertonSweetbrierRising JacarandaJ F KENNEDYARCHIMEDESARISTIDESARISTOTLEDIOGENESHITCHING POST LN RANCHWOOD DR S Putnam Lothian LAZY LAKELAZY LAKE RD WConcordAnnCarolDr WCONCORD VINEYARDConcordFEATHERRUNDALE CIRRD EDARIEN AMSTONChablisEDrST SIMMONS W BramblewoodROSEWOODAVEBEECHWOOD BLACKWOODWYNNEWOODRedw ood WindwoodCIR ALBEMARLE MAC CHARLES CT CHAPLENEClarkCameron REDWOODHARMONIELynnwoo d CtCross CreekChantilly BOLIVARHORSE SHOE BENDAlhambra Kimb e r l yLaurelCt SHickoryMAPLEBRISTOLCypressLemonChinaberryCreek PineBoy Scout Fox Hollo w R u n BLUFFSPenny CtCIR Jessica Ct CIR BLUFFS WAYAVBURNHAM LN CASCADE CT TERRMAC LEODDR S  PAULA  DR DEL DRRIO ROYCHRISTOPHER SALVADOR RD LN REGINA WOOD GULFST HOLLY DOGWOOD DEXTER FLORIDA Valenc ia Dr SCOTLAND ROANOKE NORFOLK RICHMONDGROVE LIME CIR CIR S ORANGEWOOD ST Garden GROVE Garden CITRUSAVCIR Cir N S Cir AV N ALBERT ABERDEEN ST LOCKLIE PRESIDENT BROADWAYST ST AVHIGHLANDST ST JAMES ST BELTREES ST PLAZALEXINGTONHELENLYNDHURST LOCKLIEAVCHICAGOHIGHLANDAV ST DR COLONIALLOUDENAVST WILKIE JACKSONPASADENA JOSE Palmetto GRANT HANCOCK JACKSON VICTORIAMONROE Tilden St DR LEE STSTHUNTLEY DOUGLASAVMann ST ST WILSON SPRINGSANTABARBARA ROWENA SAN SPAULDINGMELISSA FRANCES HOWELL STHOWARDAV AVPARKMilwaukeeSTMilwaukeeBAY LAURA OAK  STSANTAALAMOSANLN PALOMADR ANNADOUGLAS  AVSANLNDR RDSANSANCHARLESSANMATEODRDRDR VISTA    D R BUE N A DRVISTA CERVERABUENA RD MIRA HARBORVIEWGARY CIR EDYTHEBLVD PALM BLVD DR DR DRVIS T A MICHIGAN SHORELAGOON DRCEDARMCMULLENWBAYWOODDR DRBAYWOOD DRWINDS DRNICHOLAS D RCaroly n Dr DR S BAYWOOD TRADECORON ADO SUEMAR PATRICIASAN CHRISTOPHER SALVADOR FRIAR RD LAKE LAKEWOOD PARKWOOD LYNDHURST GROVEWOOD HILLWOOD KNOLLWOOD WOOD SCOTSDALE LEXINGTON ARNONIMANOR LYNDHURST ST ST DR DRDIANEYORKNEWDRLIVEOAKWISTERIASocrates ST ATHENS CTORANGEST 2NDAVACROPOLISYORKNEWJAMESAVE AVWILKIE JAMES DROAKWOODST S MANOR DR 3RDMARJONJAMESVINE AVMANOR DRWESTST AVST JOAN MARJONWILLOWOAKWOODST MARY DRTERRACE     RD ST ANNE DR RICHLANDAVST PLAZA MEASE AVST STBLVD BASSDAVISORANGEGROVE MOORE NEWAVYORKST DRPARKDRDR DR S RDSANROY SANHELENRDDR CTLAKESIDEDRDR BLVDLAKESIDEBASS AVCARDINALAVEDRAVEN. 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RD SDREW ST DREW ST N MISSOURI AVES MISSOURI AVEDREW ST HERCULES AVERD PALMETTO ST WOODLAWN ST DRN LAKESOUTHSOUTHFORTNORTHN GLENWOOD AVEAVESNORTHS HIGHLAND AVESAND KEY BRIDGEGULF BL V D S GLENWOOD AVEGatewayMEM O R I A L C S W Y SR- 6 0 MISSOURIAVESR-651SR-651 SR-590US-19 ALT.CH ES T N U T CSWY SR-595COURT ST CHESTNUT ST COURTMYRTLESR-60 AVEAVEMYRTLEFORT HARRISON AVEST MISSOURICOURT ST AVESR-651COURTEDGEWATERDR SR-590 GULF TO BAY BLVDGULF TO BAY BLVD SR-60 NE COA C H M A N R D DREW ST NE COA C H M A N R D SR-590 GULF TO BAY BLVDSR-60 US HWY 19SR-55SR-60 NE COAC H M A N R D SR-590 GULF TO BAY BLVD SR-590SR-55US HWY 19SR-580 SR-580 CAMPBELLSR-60 COURTNEY CAUSEWAY SR-586 SR-55US HWY 19CURLEW RD ME M O R I A L ST SR-60 SR-60 SR-595US-19 ALT.SR-595SR-590 SR-55US HWY 19CLEARWATER SAFETY HARBOR RD SERVICE RD "A"DREW ST SR-60 GULF TO BAY BLVD SR-590 DREW ST CURLEW RD SR-586 CURLEW RD US HWY 19SR-55SR-580 MAIN ST SR-580 SR-580 GULF TO BAY BLVDSR-60GULF TO BAY BLVDSR-60GULF TO BAY BLVD SR-60 SR- 6 0 Chautauq u a Lake Alligator Lake Lake Bellevue LakeCrest LakeLucille LakeSpring LakeCitrus HarborLake BeckettLake LakeWestchester LakeMoccasin Lake Hobart Hibiscus Lake LakeProspect Document Path: C:\Users\James.Benwell\Desktop\CountyWayfinding\CountyWayfinding.aprx Prepared by:Engineering DepartmentGeographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com County Wayfinding System Scale:N.T.S.Date:4/18/2022 JBMap Gen By:CCReviewed By:Signs Included in County Permit Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0255 Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.5 SUBJECT/RECOMMENDATION: Approve a Work Order to Engineer of Record (EOR) CHA Consulting, Inc., for the Reclaimed Water Master Plan project (21-0018-UT) in the amount of $433,583.00, per Request for Qualifications (RFQ) 26-19, Engineer of Record Consulting Services, and authorize the appropriate officials to execute same. (consent) SUMMARY: This project will develop a reclaimed water (RCW) master plan for the city. Associated work includes data collection and a review of RCW facilities, updating and calibrating the RCW hydraulic model to reflect current conditions, and identifying existing and future capacity requirements that may be necessary to meet city demands, including those required by Senate Bill 64 (SB 64 is a recently passed bill that requires wastewater treatment facilities to discontinue non-beneficial discharges to surface waters). The resulting master plan will summarize the work performed and identify and prioritize capital improvement projects that facilitate expansion of the city RCW system to meet the future needs of the city. The RCW master plan is anticipated to be completed within 13 months from issuance of Notice to Proceed. APPROPRIATION CODE AND AMOUNT: 3217321-530100-96739 $433,583 Funds are available in capital improvement project 321-96739, Reclaimed Water Distribution System to fund this work order. Page 1 City of Clearwater Printed on 4/27/2022 CHA Consulting, Inc. City of Clearwater Consultant Work Order Page 1 of 12 Revised: 8/3/2021 CONSULTANT WORK ORDER Date: 2/11/2022 1.PROJECT INFORMATION: Project Title: Reclaimed Water Master Plan City Project Number: 21-0018-UT City Plan Set Number: NA Consultant Project Number: 2.SCOPE OF SERVICES: This work order will focus on the City of Clearwater’s (City) reclaimed water (RCW) distribution system and development of a Master Plan. CHA Consulting, Inc. (CHA), formerly known as Reiss Engineering, Inc., previously developed the RCW hydraulic model in 2011 in InfoWater utilizing data from 2009 (City Project 11-0005-UT, PO ST 107298). The original hydraulic model evaluated the expansion of future neighborhoods and other various improvements. Furthermore, in 2013 CHA developed an RCW distribution system operating protocol which proposed various short and long term improvements for improving pumping and operation. The City has since completed the planned expansions outlined in the 2011 hydraulic modeling (which were originally planned to be completed by 2013) and some of the various operational improvements which were originally evaluated as part of the hydraulic model development and operational protocol. There are still many areas within the City’s service area where RCW could be expanded to and added. The City would like to update the previous version of the RCW model and develop a master plan to evaluate the existing system and evaluate potential upgrades. The state of Florida has passed Senate Bill (SB) 64. SB 64 requires domestic wastewater treatment facilities that discharge to surface waters to submit no later than November 1, 2021 either; (1) surface water discharge elimination plans or (2) documentation demonstrating a plan is not required to FDEP. In accordance with new statutory requirements, surface water discharges from domestic wastewater treatment facilities are prohibited after January 1, 2032, unless the criteria stipulated in the new section 403.064(17), Florida Statutes, are met. The City has already completed and submitted the surface water discharge elimination plans. The City would like to evaluate expansion and other areas where RCW may be used as part of upcoming legislature which may require utility owners to eliminate or reduce (in conformance with the City’s CONSULTANT WORK ORDER RCW Master Plan CHA Consulting, Inc. 21-0018-UT City of Clearwater Consultant Work Order Page 2 of 12 Revised: 8/3/2021 plan) surface water discharge including RCW. The City additionally would like to evaluate operational alternatives including a redundancy option for the NE WRF to supply the entire RCW distribution system, if the Marshall St and East WRFs were off for maintenance. Separately, CHA is currently utilizing the previous RCW model for projects associated with the Water/RCW Program (18-0040-UT) task order 11, to conduct an evaluation of potential parks and City owned properties which may be connected to the RCW system. These improvements will be considered as necessary as part of this Master Plan. This scope has been developed by CHA to assist the City in developing an up-to-date reclaimed water hydraulic model (reclaimed water model). The reclaimed water model will be developed using InfoWater software which the City is currently using for its water distribution model. Once completed, the calibrated reclaimed water model will be a highly valuable tool for the Engineering Department’s use on a variety of potential applications including troubleshooting system discrepancies, refining daily operations, and conducting various planning tasks. The reclaimed water model will be used to evaluate the existing system, potential future expansion, and potential future improvements. This Work Order will include project administration, kickoff and progress meetings, data collection and review, reclaimed water transmission evaluation, maximum use of RCW, and master plan report. The specific scope of services to be provided by CHA is set forth below. 1 PROJECT ADMINISTRATION: Task 1.1 - Project Administration. CHA will perform general project coordination and management activities between CHA and the City. CHA will prepare progress reports and invoices to be submitted on a monthly basis for the duration of the project. Task 1.2 – Quality Assurance/Quality Control. CHA will perform quality assurance/quality control (QA/QC) reviews at each of the identified milestones. These reviews are an internal procedure that will be performed by a senior-level technical expert that is not directly involved in development of the documents. The reviewer will review the technical information and documents for proper application of the approved assumptions, calculation methods, operational procedures, and evaluation results. 2 MEETINGS Task 2.1 – Kick-Off Meeting. CHA will prepare an agenda, sign in sheet, etc. for and attend one project kick-off meeting to discuss the project goals and objectives, clarify roles, and review the project schedule and deliverables. After the kick-off meeting, CHA will prepare meeting notes to summarize the decisions made and action items discussed at the kick-off meeting. CONSULTANT WORK ORDER RCW Master Plan CHA Consulting, Inc. 21-0018-UT City of Clearwater Consultant Work Order Page 3 of 12 Revised: 8/3/2021 Task 2.2 – Progress and Coordination Meetings. CHA will prepare for and attend progress and coordination meetings to discuss the project status, upcoming critical milestones, etc. CHA will prepare an agenda, sign-in sheet, etc. for each meeting. For purposes of scoping, budget has been included to support participation of two (2) CHA staff (one project manager and one project engineer) to participate in up to six (6) progress/coordination meetings. After the meeting, CHA will prepare meeting notes to summarize the decisions made and action items discussed at the meeting. Deliverables •Kick-off Meeting Summary •Up to six (6) Progress Meeting Summaries 3 DATA COLLECTION AND RCW FACILITIES REVIEW Task 3.1 – Data Request. CHA will develop a data request, which will generally be based on the list below. CHA will review the data collected by the City and identify any missing information. A.Reclaimed System i.As-builts for infrastructure not added into GIS ii.Latest 5 years of daily historical RCW pump station flow and level data (pressure and flow) iii.Latest 2 years of any SCADA monitoring on RCW Collection/ Transmission System (eg, system pressures and flows) iv.Latest 1 year of monthly customer meter billing consumption data for reclaimed water with geocoded shapefile locations v.RCW pump curves (or make/model/impeller#) vi.Storage tank information and record documents B.WRFs i.Plant record drawings ii.Latest 3 years of influent and effluent permit compliance data, nutrient loadings, alkalinity, pH, influent temperature, effluent quality data, sludge generation and plant operational data iii.Latest 2 years of Notice of Violations, if any iv.Description of known plant issues v.Future growth of the Wastewater Utility Service Area Task 3.2 – RCW Facilities Site Visit. CHA will interview key staff regarding condition and rehabilitation and replacement (R&R) needs of the key components of the City’s water reclamation, reclaimed water storage and related pumping facilities. CHA staff will conduct field visits to the facilities and will be accompanied by City staff. For budgetary purposes, the scope of services is based on two (2) full days of field observation by two (2) persons or 32 total CONSULTANT WORK ORDER RCW Master Plan CHA Consulting, Inc. 21-0018-UT City of Clearwater Consultant Work Order Page 4 of 12 Revised: 8/3/2021 hours. City staff will assist in identifying significant (>$10,000) repair and replacement needs at the WRF, storage, and pumping facilities, related to RCW infrastructure. CHA will summarize the major R&R needs for major facilities equipment over the 10-year planning timeframe. Task 3.3 – RCW Facilities Redundancy. CHA will review reclaimed water facilities plans if available and/or operations input to identify significant critical components that do not have redundancy. A list of the critical facilities components will be summarized in a table that can be utilized for the planned purchase of components in the future. Task 3.4 – RCW Facilities Evaluation. Based on the data collected and the site visit, this task will focus on developing a capacity assessment of the existing infrastructure at the City’s water reclamation facilities. CHA will perform an assessment of the existing facilities related to operation and capacity of current and estimated 20-year future conditions. The existing infrastructure capacity will be compared to existing and future capacity needs to identify required capacity improvements. CHA will prepare a summary of this investigation for incorporation into the Master Plan report. Deliverables •RCW Facilities Evaluation Summary 4 RECLAIMED WATER EVALUATION Task 4.1 – Reclaimed Water System Condition Assessment Interviews. CHA will interview key staff regarding generalized pipe conditions, review reclaimed water mains maintenance histories and data provided by the City described in Task 3, and discuss RCW system operations. CHA will create a map illustrating past issues within the reclaimed water main system gleaned from the staff interviews and field observations. The information gathered from the interviews will be integrated into the condition assessment performed as part of Task 4.2 described below. Task 4.2 – Reclaimed Water System Condition Assessment. CHA will review data provided by the City for the existing RCW mains (age, material, failure history, repurposed lines, record drawings and as-built information, road crossings,) to identify and prioritize areas of concern. CHA will additionally integrate the information received during the interviews described in Task 4.1 with provided data to determine specific locations at which to further assess the RCW mains in the field. CHA will prepare an assessment figure for up to twenty (20) proposed RCW pipe test locations. It is anticipated that testing will include an external nondestructive technology assessment with ultrasonic thickness testing (UTT). The locations of UTTs will be field located with GPS equipment. It is not anticipated that dewatering will be necessary to facilitate the testing. If the CONSULTANT WORK ORDER RCW Master Plan CHA Consulting, Inc. 21-0018-UT City of Clearwater Consultant Work Order Page 5 of 12 Revised: 8/3/2021 event that the water table is such that dewatering is necessary, additional point dewatering services may be added to this agreement or completed by the City. CHA will complete assessments on the City’s existing RCW air release valves (ARV) for up to twenty-five (25) locations. If the pipe connected to the ARV is exposed (in a vault or aerial crossing) CHA will complete UTT testing. The locations of ARVs will be field located with GPS equipment. CHA will prepare summary tables and figures of the assessment, which will be included in the Master Plan. Task 4.3 – Structure Update. CHA will create the structure (pipes, pumps, tanks) for the City’s reclaimed water hydraulic model since the 2011 reclaimed water model creation using the latest GIS shapefiles, provided by the Owner. It is assumed that GIS shapefiles will primarily be used to create the hydraulic model structure. Task 4.4 – Existing Flows. CHA will allocate historical reclaimed water meter data to hydraulic model nodes to update the reclaimed hydraulic model and creating peaking factors. Adjustments for annual rainfall and unaccounted reclaimed water will be performed. Allocation will be performed in a simple, fluid process using the integrated modeling software demand allocator module. CHA will compile and summarize historical reclaimed discharge flow meter records, weather and rainfall data, and previous City reports to update reclaimed peaking factors, surface water discharge flows along with total influent and effluent flows. Task 4.5 – Calibration. CHA will assist with calibration data collection to determine the flow/pressure characteristics of the reclaimed water system. CHA will develop a calibration protocol which will define calibration locations, summarize field data collection, identify labor requirements, and conduct one (1) calibration meeting with the City. The calibration protocol will be submitted as a Technical Memorandum. Pressure recording devices will be used to measure and record the system pressure in the area for a period of at least 7 days during a dry weather period and 7 days during a wet weather period. City staff assistance will be scheduled in advance to ensure availability and proper instrument calibration, placement, and data collection. It is anticipated that the City will provide and install pressure recording devices. CHA will provide one (1) working day of field site activities during calibration setup, and one (1) day during data collection. Data from the calibration efforts will be summarized, analyzed, adjusted within established hydraulic criteria, and documented in a calibration memorandum. Field checking of valves will be recommended as necessary. Percentage error will be calculated, and a plan established to reconcile out of range discrepancies as necessary. Calibration will consist of adjusting the model to best correlate to the field data. Model data that may be adjusted include pipe diameter and CONSULTANT WORK ORDER RCW Master Plan CHA Consulting, Inc. 21-0018-UT City of Clearwater Consultant Work Order Page 6 of 12 Revised: 8/3/2021 length, ground elevation, pipe friction (Hazen Williams coefficient), pipe roughness (Manning’s roughness coefficient), pump settings, and water demand patterns. CHA will deliver a functional reclaimed water model that will simulate field conditions with greater than 90 percent accuracy to field data collected. The model will be in a condition suitable for use in planning, design, operations and troubleshooting assignments. Task 4.6 – Reclaimed Water Scenarios. Model scenarios define the set of conditions under which hydraulic model runs are executed. CHA will update the existing scenarios and will create up to six (6) model scenarios that represent future possible conversion projects. Operational procedures and protocols identified by City staff will be incorporated into the hydraulic models to represent real world conditions. Reclaimed production and distribution staff will be interviewed to gather specific information for input into model including pressure, level and time-based controls, and control points. Model input and logic controls will be modified as needed in the hydraulic model to address the new or revised scenarios. Task 4.7 – Reclaimed Water Flow Projection. Build-out reclaimed water demands will be determined and updated for future reclaimed water connections (maximizing new users to maximize reclaimed water use) using the latest City water and wastewater projection, future connection zones figure, resident reclaimed water petitions, and planned City owned park, and parcel connection data. Unit demands based on city standards will be applied to the land use and number of units to generate the build-out demands. Build-out flows for future connection will be allocated to the hydraulic model to master plan future infrastructure needs. Task 4.8 – Surface Water Discharge Evaluation. CHA will use the existing and future flow projects to create reclaimed water allocation and balance options. The balance options will be used to present options on how the reclaimed water may be used throughout the year during both the rainy season and the dry season. Options for reclaimed water may include the following: the SB 64 plan recently submitted to FDEP by the City, neighborhood conversion projects, parks and City owned parcel reclaimed water connection, water wheeling with Pinellas County and/or nearby cities, disposal wells, aquifer storage and recover wells, and/or direct/ indirect reuse. CHA will prepare a summary of this investigation for incorporation into the Master Plan Update report. Task 4.9 – Water Quality Evaluation. CHA will review existing water quality parameters and customer complaints from each WRF. CHA will perform a desktop mass balance evaluation to determine the projected water quality for combining RCW from all three WRFs. CHA will review the mass balance for concerning resultant water qualities. CONSULTANT WORK ORDER RCW Master Plan CHA Consulting, Inc. 21-0018-UT City of Clearwater Consultant Work Order Page 7 of 12 Revised: 8/3/2021 Task 4.10 – Existing and Future Reclaimed Water Capacity Evaluation. Based on the data collected and hydraulic model analyses, this task will focus on developing a capacity, storage, and high service pumping evaluation of the existing infrastructure in the City’s reclaimed water transmission system. CHA will perform simulated model runs, as needed, to provide an assessment of the existing reclaimed water system related to operation and capacity of current and estimated future conditions. The model runs will provide results to identify bottlenecks in the transmission system and/or over-sized mains which may have additional capacity. A desktop capacity analysis utilizing City and FDEP effluent disposal capacity criteria will be performed for the reclaimed water system. Existing infrastructure capacity will be compared to existing and future capacity needs to identify areas of required capacity improvements. CHA will prepare a summary of this investigation for incorporation into the Master Plan report. Deliverables •Assessment Interviews figures •Calibration protocol submitted as a Technical Memorandum •Updated reclaimed water flow projection summary table and figure •Surface Discharge Evaluation Summary tables and figures •Reclaimed water hydraulic model with updated structure, existing and future flows and peaking factors, and scenarios •Updated reclaimed water flow projection summary table and figure •Reclaimed water capacity evaluation summary tables and figures •Reclaimed water condition assessment summary, tables, and figures 5 RCW MASTER PLAN Task 5.1 – Policy Review and Beneficial RCW Use. CHA will review existing City polices and codes related to RCW use by costumers. CHA will review existing customer rates and connection fees related to surround municipalities. CHA will also review the City’s latest rate study. CHA will review existing agreements with bulk users (Pinellas County, Safety Harbor, and others) to determine if additional RCW may be transfer to those users. Based on the analysis in Task 4.7 CHA will propose additional bulk users. CHA will also review policies to use other sources of RCW to augment the RCW system in dry seasons, such as stormwater and aquafer storage and recovery (ASR). The results of the policy review will be included in Task 5.4. Task 5.2 – Sustainability and Greenprint. CHA will review the proposed infrastructure with the goal of adhering to the City’s Greenprint 2.0 plan, which includes sustainability, resiliency, conservation, adaptation, and mitigation. Examples include using additional RCW so reduce potable water treatment and distribution to save energy. The summary will be submitted as a Technical Memorandum. CONSULTANT WORK ORDER RCW Master Plan CHA Consulting, Inc. 21-0018-UT City of Clearwater Consultant Work Order Page 8 of 12 Revised: 8/3/2021 Task 5.3 – Capital Improvement Projects Development and Prioritization. CHA will utilize a simplified risk-based prioritization approach to identify facility and reclaimed water main capacity and R&R needs. The analysis will consider asset service life and estimated condition-based information from previous tasks. CHA will utilize the hydraulic model to address the capacity-related capital projects developed above and prioritize based on technically feasible alternatives evaluated in the previous tasks. Using the information collected in the previous tasks, and the results of the hydraulic model investigations, alternative model scenarios will be developed as described in Task 4 and evaluated for capacity improvements and repair and/or replacement of the wastewater and reclaimed water systems. Proposed improvements will be reviewed and modified to optimally meet City standards and further prioritized based upon a criteria agreed upon with the City. Preliminary estimates of probable cost will be developed for these projects. Task 5.4 – Staff Review Workshop. CHA will prepare for and attend a workshop with the City staff to present the preliminary findings of the study and build consensus on the selected prioritized capital projects for the 30-year planning horizon. Task 5.5 – Report Preparation. CHA will prepare a report summarizing the work in the Master Plan including an Executive Summary and the CIP. CHA will submit a draft Master Plan to the City for review. CHA will attend a draft master plan review meeting to review comments provided by the City. CHA will revise the draft Master Plan, incorporating the City comments, and produce a final Master Plan document for the City. Deliverables •Sustainability and Greenprint technical memorandum – one (1) electronic pdf •Review Workshop Summary – one (1) electronic pdf •Draft Master Plan – one (1) electronic pdf •Review Meeting Notes – one (1) electronic pdf •Final Master Plan – one (1) electronic pdf 3.PROJECT GOALS: Update and calibrate existing reclaimed water model, determine options to eliminate surface water discharge, create a reclaimed water mater plan with CIP. 4.FEES: See Attachment “A” This price includes all labor and expenses anticipated to be incurred by CHA Consulting, Inc., for the completion of these tasks in accordance with Professional Services Method CONSULTANT WORK ORDER RCW Master Plan CHA Consulting, Inc. 21-0018-UT City of Clearwater Consultant Work Order Page 9 of 12 Revised: 8/3/2021 “A” – Hourly Rate, for a fee not to exceed four hundred thirty-three thousand five hundred and eighty-three dollars ($433,583.00). 5.SCHEDULE: The project is to be completed in 13 months from issuance of notice-to-proceed. The project deliverables are to be phased as follows: Task 1 13 months Task 2 13 months Task 3 5 months Task 4 10 months Task 5 13 months 6.STAFF ASSIGNMENT: CHA Engineering, Inc.: •Weston Haggen, P.E. – Program Manager •Barton Jones, Program Facilitator/City Liaison •Allen Dethloff, P.E. – Principal in Charge •Mark Burgess, P.E., BCEE – QA/QC •Christophe Robert, Ph.D., P.E. – Senior Engineer •Edward Talton, P.E. – Senior Engineer •Melanie Peckham, P.E. – Senior Engineer •Arnab Hanra, P.E., – Senior Engineer •Parsa Pezeshk, Ph.D., P.E. – Project Engineer •Pamela Kerns, E.I. – Project Engineer •Emily Williamson, E.I. – Project Engineer •Leif Krapas, E.I. – Project Engineer City of Clearwater •Jordan Hicks, P.E. – Project Manager •Glenn Daniel – Public Utilities Manager •Jason Gray – RCW Distribution Supervisor •Mike Vacca – Public Utilities Assistant Manager •Jeremy J. Brown, P.E. – Utilities Engineering Manager •Richard G. Gardner, P.E. – Public Utilities Director •Mike Flanigan – Public Utilities Assistant Director •Michael Gilliam – Infrastructure Maintenance Manager •Kervin St. Aimee – Infrastructure Maintenance Assistant Manager •Alphonso Gwyn – Public Utilities WW Collections and RCW Distribution Assistant Manager CONSULTANT WORK ORDER RCW Master Plan CHA Consulting, Inc. 21-0018-UT City of Clearwater Consultant Work Order Page 10 of 12 Revised: 8/3/2021 7.CORRESPONDENCE/REPORTING PROCEDURES: Consultant’s project correspondence shall be directed to: Weston Haggen, P.E. with copies to Allen Dethloff, P.E. All City project correspondence shall be directed to: The City Project Manager with copies to the Utilities Engineering Manager and Public Utilities Director and Assistant Director. 8.INVOICING/FUNDING PROCEDURES: City Invoicing Code: 3217321-530100-96739 For work performed, invoices shall be submitted monthly to: Attn: Stephanie Sansom, Division Controller City of Clearwater, Engineering Department PO Box 4748 Clearwater, Florida 33758-4748. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. 9.INVOICING PROCEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: 1.Purchase Order, Project and Invoice Numbers and Contract Amount. 2.The time period (begin and end date) covered by the invoice. 3.A short narrative summary of activities completed in the time period. 4.Contract billing method – Hourly Rate. 5.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). 6.If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10.CONSIDERATIONS: Consultant acknowledges the following: 1.The Consultant named above is required to comply with Section 119.0701, Florida Statutes, where applicable. 2.All City directives shall be provided by the City Project Manager. 3.“Alternate equals” shall not be approved until City Project Manager agrees. CONSULTANT WORK ORDER RCW Master Plan CHA Consulting, Inc. 21-0018-UT City of Clearwater Consultant Work Order Page 11 of 12 Revised: 8/3/2021 4.All submittals must be accompanied by evidence each has been internally checked for QA/QC before providing to City. 5.Consultants/Contractors are not permitted to use City-owned equipment (i.e. sampling equipment, etc.). 6.Documents posted on City website must ADA accessible. 11.ADDITIONAL CONSIDERATIONS: All work orders should include considerations for the following: 1.Sea Level Rise and Flood Resilience, as applicable. 2.Submittal of a Critical Path Method (CPM) Schedule(s). 3.Submittal of a Project Catalog with the following items, as appropriate: a.Data requests, assumptions, critical correspondence, meeting agenda, sign-in sheets, meeting minutes, document comment-response log(s), technical memorandum/reports, addenda, progress reports, regulatory correspondence, and other project-related documents. b.If construction project, also include design plans, conformed plans, change orders, field orders, RFIs, work change directives, addenda, progress reports, shop drawing and progress submittals, as-builts, record drawings, and other project-related documents such as O&M manuals and warranty information. c.At the conclusion of the project, ENGINEER will combine this information into a Project Catalog and submit to the City for review and comment. 4.Arc Flash labeling requirements: a.All electrical designs and construction shall adhere to NFPA 70 E “Standard for Electrical Safety in the Workplace”. b.Updated calculations of Fault and Arc Flash, and provisions for new or updated Arc Flash equipment labeling shall be included in the contract documents. 12.SPECIAL CONSIDERATIONS: NA CONSULTANT WORK ORDER RCW Master Plan CHA Consulting, Inc. 21-0018-UT City of Clearwater Consultant Work Order Page 12 of 12 Revised: 8/3/2021 13.SIGNATURES: PREPARED BY: APPROVED BY: Robert Reiss Ph.D., P.E. Tara Kivett, P.E. Florida Team Leader City Engineer CHA Consulting, Inc. City of Clearwater Date Date 1-12-2022 CHA Consulting, Inc. ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE RCW Master Plan 21-0018-UT City of Clearwater Consultant Work Order – Project Fees Table Page 1 of 1 Revised: 8/3/2021 CONSULTANT WORK ORDER PROJECT FEES TABLE Task Description Subconsultant Services Labor Total 1.0 Project Administration 1.1 Project Administration $0 $13,328 $13,328 1.2 Quality Assurance/Quality Control $0 $19,944 $19,944 Project Administration: $33,2725 2.0 Meetings 2.1 Kick-off Meeting $0 $3,473 $3,473 2.2 Progress Meetings $0 $9,876 $9,876 Meetings: $13,349 3.0 Data Collection and RCW Facilities Review 3.1 Data Request $0 $2,793 $2,793 3.2 Facilities Site Visit $0 $6,277 $6,277 3.3 Facilities Redundancy $0 $6,070 $6,070 3.4 Facilities Evaluation $0 $20,760 $20,760 Data Collection and Facility Review: $35,900 4.0 Reclaimed Water Transmission Evaluation 4.1 Reclaimed Water System Condition Assessment Interviews $0 $6,277 $6,277 4.2 Reclaimed Water System Condition Assessment $24,757 $30,412 $55,169 4.3 Structure Update $0 $6,337 $6,337 4.4 Existing Flow $0 $9,269 $13,568 4.5 Calibration $0 $23,128 $23,128 4.6 Reclaimed Water Scenarios $0 $5,846 $5,846 4.7 Reclaimed Water Flow Projection $0 $15,644 $15,644 4.8 Surface Water Discharge Evaluation $0 $32,312 $32,312 4.9 Water Quality Evaluation $0 $16,008 $16,008 4.10 Existing and Future Reclaimed Water Capacity Evaluation $0 $54,068 $54,068 Reclaimed Water Transmission Evaluation: $228,357 5.0 Reclaimed Water Master Plan 5.1 Policy Review and Beneficial RCW Use $0 $17,148 $17,148 5.2 Sustainability and Greenprint $0 $5,796 $5,796 5.3 Capital Improvement Projects Development and Prioritization $0 $17,862 $17,862 5.4 Staff Review Workshop $0 $5,486 $5,486 5.5 Report Preparation $0 $36,996 $36,996 Reclaimed Water Master Plan: $83,288 SUBTOTAL, LABOR AND SUB-CONTRACTORS: $394,166 6.0 10% Contingency $39,417 GRAND TOTAL: $433,583 ATTACHMENT “B” CONSULTANT WORK ORDER – CITY DELIVERABLES RCW Master Plan CHA Consulting, Inc. 21-0018-UT City of Clearwater Consultant Work Order – City Deliverables Page 1 of 1 Revised: 8/3/2021 CONSULTANT WORK ORDER CITY DELIVERABLES 1.FORMAT: The design plans shall be compiled utilizing the following methods: 1.City of Clearwater CAD standards. 2.Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2.DELIVERABLES: The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address Tom.Mahony@myClearwater.com. All electronic files (including CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. C.S.X. RAILROADUTUS 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 CAMPBELL CSWY S MISSOURI AVE N HIGHLAND AVE KINGS HWY S BELCHER RD MEMORIAL CSWY N MYRTLE AVE N OLD COACHMAN RDDOUGLAS AVE PALMETTO ST BAYSI DE BRG VIRGINIA AVE SUNSET DR UNION ST Document Path: C:\Users\Christopher.Melone\City of Clearwater\Engineering Geographic Technology - Documents\GIS\Engineering\Location Maps\RCW_CitywideMasterPlan_8x11.mxd LOCATION MAP RCW Master PlanProject Number: 21-0018-UTPrepared by:Engineering DepartmentGeographic Technology Division100 S. Myrtle Ave, Clearwater, FL 33756Ph: (727)562-4750, Fax: (727)526-4755www.MyClearwater.com Page 1 of 1CRMMap Gen By:JHReviewed By:Date:3/1/2022 ²N.T.S.Scale: ^ RCW Booster Stations901 N. Saturn Ave ^ RCW Booster Stations421 N. McMullen Booth ^ RCW Booster Stations2060 N. McMullen Booth UT UT East WRF Northeast WRF Marshall St WRF Legend Clearwater Service Area Area not in Clearwater Jurisdiction Reclaimed Water Service Line Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0272 Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.6 SUBJECT/RECOMMENDATION: Approve a Master Agreement and Work Order from McKim and Creed, Inc., of Clearwater, FL, per Request for Qualifications (RFQ) 01-21, for the SCADA Master Plan project (20-0016-UT) in the amount of $732,715.00; approve Supplemental Work Order 1 to Black and Veatch, Inc. of Tampa, FL, for SCADA Master Plan Project Management Services (20-0016-UT) in the amount of $39,630.00, increasing the work order from $90,950.00 to $130,580.00, and authorize the appropriate officials to execute same. (consent) SUMMARY: The City manages water, wastewater and reclaimed water systems utilizing computerized Supervisory Control and Data Acquisition (SCADA) systems at all its treatment facilities and remotely monitored sites, with access for monitoring through system computers in various locations. This project will develop a Master Plan and implementation strategy for the SCADA systems to ensure customers are served, infrastructure is sustained, and compliance obligations are met. The independent review and evaluation will consider best practices and industry standards, identify recommendations for upgrades and/or improvements, and will be used as a guide for budgeting and planning for future SCADA system additions and enhancements. January 2021, McKim and Creed was selected as the design firm through RFQ 01-21 to develop the SCADA Master Plan, from which four submittals were received. The selection committee consisted of representatives from the Engineering and Public Utilities Departments. June 2021, City Manager approved the initial work order to Engineer of Record Black & Veatch (per RFQ 26-19) to manage the SCADA Master Plan project in the amount of $90,950.00. Supplemental Work Order One from Black & Veatch will provide additional project management services to account for the longer duration of the project in the amount of $39,630.00 for a new work order value of $130,580.00. The SCADA Master Plan project is expected to be completed within 14 months of issuance of notice-to proceed. APPROPRIATION CODE AND AMOUNT: 3217321-530100-96721 $732,715 3217321-530100-96721 $ 39,630 A midyear budget amendment will provide a transfer of $1,000,000 from capital improvement project 321-96783, Water System Upgrades, to capital improvement project 321-96721 System Repair and Replacement, to fund this project. Page 1 City of Clearwater Printed on 4/27/2022 City of Clearwater Consultant Work Order Page 1 of 15 Revised: 10/27/2021 CONSULTANT WORK ORDER Date: 02/01/2022 1. PROJECT INFORMATION: Project Title: SCADA System Master Plan City Project Number: 20-0016-UT City Plan Set Number: N/A Consultant Project Number: 171541 2. SCOPE OF SERVICES: The City of Clearwater manages its water, wastewater and reclaimed water systems utilizing computerized SCADA systems at all the treatment facilities and remotely monitored sites, with access for monitoring through system computers in various locations. This scope of work by McKim & Creed (ENGINEER) will be to develop a Master Plan and implementation strategy for its SCADA systems to ensure customers are served, infrastructure is sustained, and compliance obligations are met. The independent review and evaluation will consider best practices and industry standards, identify recommendations for upgrades and/or improvements, and will be used as a guide for budgeting and planning for future SCADA system additions and enhancements. The following key components of the existing SCADA infrastructure are: • Citect SCADA, Citect Historian, Dream Reports and Hach WIMs • Allen-Bradley (ControlLogix, CompactLogix, SLC, MicroLogix) family of PLC and Operator Interface products • Data Flow Systems RTU/TCUs • Microsoft Windows and Server Operating systems • Fiber, copper, and radio networks communications • Desktop, tablet, and smartphone access The sites, locations, and stations identified that are to be included in the scope of SCADA Master Planning are: CONSULTANT WORK ORDER SCADA System Master Plan 20-0016-UT City of Clearwater Consultant Work Order Page 2 of 15 Revised: 10/27/2021 • Raw Water Supply Wells (44) • Pinellas County Interconnects (6) • Water Treatment Plants (WTPs) o Reverse Osmosis (RO) Plant-1 o RO-2 o RO-3 o WTP-3 o GWR • Pressure regulating station (Main Library) • Lift stations (78 total; 59 telemetered) • Water Reclamation Facilities (WRFs) o Marshall St. o East o Northeast o Wastewater service connections (3) • Reclaimed Water Booster Pump Stations and remote sites o Drew St. Booster Pump Station o Union St. Booster Pump Station o Skycrest Storage Tank and Booster Pump Station o Pinellas County/Oldsmar Reclaimed Interconnect and Storage Tank o Water bodies at Golf Courses/Driving ranges (6) I. PROJECT MANAGEMENT: Task 1: Project Management 1.1 Provide project management for the duration of the project. This will include project setup, coordination, meetings, invoicing, subcontractor management and scheduling as well as QA/QC for project deliverables. 1.2 Conduct a project kick-off meeting with the City to review the scope and schedule of the project and establish the project goals. A meeting agenda will be provided prior to the meeting and minutes will be prepared and distributed after the meeting. 1.3 Conduct monthly project status update meetings through the duration of the project to review the current project status and maintain a positive project execution. Meeting agendas will be provided prior to the meeting and minutes will be prepared and developed after the meeting. This is estimated as eleven (11) status meetings. CONSULTANT WORK ORDER SCADA System Master Plan 20-0016-UT City of Clearwater Consultant Work Order Page 3 of 15 Revised: 10/27/2021 1.4 Monthly invoicing will include a status report summarizing the work completed during the invoice period and a look ahead for work planned for the upcoming period. II. DATA COLLECTION & FIELD INVESTIGATIONS: Task 2: Data Collection & Field Investigations 2.1 Develop a data collection form/checklist for site and station visits. 2.2 Review the 2013 SCADA Master Plan. Evaluate the recommendations listed in the plan and identify which have been implemented. Of those that have not been implemented, determine their current viability. 2.3 Perform field investigations at the City’s primary facilities as identified above and a representative sample of up to thirty (30) lift stations. It is assumed each lift station site visit will be conducted by a single McKim & Creed I&C Specialist and take approximately 60 minutes not including driving time between sites. Visits will include at least one site that is not currently telemetered to document required provisions to add remote monitoring. Sites in addition to the 30 identified will require additional funding of $250 per site. 2.4 Collect and document information from field equipment, installations, projects currently under design, and designs under construction. Items investigated and documented will be: 2.4.1 Existing SCADA networks and automation system installations. For sites with no SCADA provisions, documentation will be made to the availability of space and upgrades that would be required to add SCADA and telemetry. 2.4.2 PLC and RTU hardware and firmware revisions 2.4.3 Control network protocols and parameters 2.4.4 Communication devices such as routers, radios, modems CONSULTANT WORK ORDER SCADA System Master Plan 20-0016-UT City of Clearwater Consultant Work Order Page 4 of 15 Revised: 10/27/2021 2.4.5 Software versions, service packs and licenses 2.4.6 General condition of installed automation equipment. This will include a cursory observation of the state of the automation equipment including panels and components for corrosion, wear, moisture, organization, etc. 2.5 Collect and review any City documentation pertinent to the SCADA and communication systems. This will include system architecture drawings, Standard Operating Procedures, Management of Change documents and cybersecurity policies. 2.6 Assemble the collected information in a draft technical memorandum (TM) and present to the City for review and comment. The TM will be organized by site for easy distribution. 2.7 Modify the draft TM per agreed upon comments and distribute a final TM to the City. III. WORKSHOPS: Task 3: Workshops 3.1 Conduct eight (8) workshops with City staff to review collected information, interview staff to establish vision, goals, preferences, and concerns. Workshops will be topic focused to maximize the information collected while minimizing City time. The following workshops will be conducted: • Director and senior staff goals, vision, growth plans and staffing needs • SCADA and Historian software • PLC and RTU Hardware • Communications (telemetry and internal plant control networks) • Ancillary System integration (CMMS/OWAM, Hach WIMS, LIMS, GIS, etc.) • Cybersecurity – to be performed by Crimson Resolve (subconsultant) • Technology evaluation and selection - 1 CONSULTANT WORK ORDER SCADA System Master Plan 20-0016-UT City of Clearwater Consultant Work Order Page 5 of 15 Revised: 10/27/2021 • Technology evaluation and selection - 2 • Technology evaluation and selection - 3 3.2 Prior to each workshop, prepare and distribute an agenda of discussion topics so all attendees can be prepared. After completion of each workshop, prepare and distribute workshop notes to the workshop attendees and project management for review and comment. 3.3 Modify the draft workshop notes per agreed upon comments and distribute final notes to the City. IV. SCADA CYBERSECURITY AUDIT: Task 4: Cybersecurity Audit – to be performed by Crimson Resolve (subconsultant) 4.1 Review all information that is relevant to performing the assessment, including but not limited to network diagrams, hardware, software, configuration management, and patch management assets. 4.2 Perform a comprehensive vulnerability assessment. Vulnerability and network scans will not include the City’s enterprise network and will not include any IP addresses outside of the SCADA network. The assessment will be comprised of the following activities: 4.3 Infrastructure Audit: Facilitate an evaluation of the City's current security posture using the most effective of the following tools available (DHS, EPA, AWWA, etc.) based on the City’s infrastructure and apply the information collected to the risk scoring exercise. 4.4 Network Diagram Analysis and On-site Survey: Review the network architecture and validate the drawings accurately depict the physically installed systems. Any unexpected devices found during the survey (especially WAN or RF transmitting) will be immediately communicated to City personnel. Information will include IP addresses for unexpected devices. CONSULTANT WORK ORDER SCADA System Master Plan 20-0016-UT City of Clearwater Consultant Work Order Page 6 of 15 Revised: 10/27/2021 4.5 Interviews: Interview system operators, SCADA support personnel and IT network administrators to better understand how the systems are operated, maintained, and accessed both internally and externally. 4.5.1 Passive Network Traffic Scan: Mirror network ports on switches that are accessible and passively capture network traffic. For further analysis, use offline tools such as the NSA's GrassMarlin to better visualize the nodes that make up the active devices on the network, scrutinizing industrial control systems protocol traffic for any anomalies. 4.6 SCADA System Cybersecurity Report 4.6.1 Prepare a draft stand-alone report that will serve as a comprehensive document and guide for City stakeholders to improve their cybersecurity maturity that will include the following items: Risk Score, Threat Environment, and Maturity Model: All of the data collected through the audit and interview process will be analyzed and scored using industry standard methods. The threat environment will be quantified based on active intelligence gathering and compared to the cyber risk. The maturity model will be designed to provide a holistic view of the City’s security posture compared to the industry in general using the Cybersecurity Capability Maturity Model (C2M2). Recommendations: Prepare and propose immediate and long-term recommendations to improve the risk posture and reduce vulnerabilities resulting in an improvement of the risk score and maturity status over time. 4.6.2 Modify the draft report per agreed upon comments and distribute a final report to the City. CONSULTANT WORK ORDER SCADA System Master Plan 20-0016-UT City of Clearwater Consultant Work Order Page 7 of 15 Revised: 10/27/2021 V. SYSTEM ANALYSIS AND RECOMMENDATIONS: Task 5: System Analysis and Recommendations 5.1 Review the collected information and the results of the workshops to determine the current system deficiencies, outdated system technologies, opportunities for improvement to improve capabilities and ability to perform a disaster recovery. Include City staff’s ability to support and maintain the system as an evaluation criteria. The technical memorandum (TM) to document staffing (TM-6, see Subtask 5.7) will include recommendations on staff positions required to support SCADA. 5.2 Perform industry and market research to identify technologies and processes that can be implemented to improve the capability, stability, security, and resiliency of the system. Areas researched will be redundancy of power, hardware, software and communications, security enhancements such as cameras and two- factor authentication, introduction of IIoT devices, and artificial intelligence. 5.3 Analyze the vulnerability of the SCADA systems at each facility and each remote station to changes in sea level. Using the physical addresses of each location, as provided by the City, evaluate the vulnerability of the SCADA system components and their relationship to the 100-year flood level. Base flood elevations, also known as the 100-year flood elevation and the 1% annual chance flood, will be based on Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) approved at the time of design for the specific project site area. A list of vulnerable components will be provided with an identification of the vulnerability and potential corrections. 5.4 Evaluate the remote lift station’s DFS system for long term viability and solutions to combine it with the facility SCADA system. 5.5 Conduct a workshop with City staff to discuss SCADA system goals and determine evaluation criteria. Anticipated criteria include: CONSULTANT WORK ORDER SCADA System Master Plan 20-0016-UT City of Clearwater Consultant Work Order Page 8 of 15 Revised: 10/27/2021 • Cost • Scalability • Support • Functionality • Ease of Use • Cybersecurity • Data interoperability 5.6 Evaluate Citect SCADA and up to three (3) other vendor SCADA packages based on the criteria developed in the workshop. Prepare a technical memorandum detailing the evaluation and recommendations for the purpose of satisfying sole source procurement. 5.7 Develop conceptual control room layouts for all treatment plant facilities. Layouts will be scaled sketches and will not include architectural drawings or renderings. 5.8 Recommend corrections, modifications, removal, and additions to the system to achieve the goals identified in the workshops through methods determined in the system analysis. 5.9 Prepare draft TMs detailing the findings of the field investigation, results of the analysis and recommendations. Prior to issuing the final TMs, a meeting to review and discuss the contents will be held and agreed upon comments will be incorporated into the final TM version issued to the City. These TMs will be the beginning of the final master plan report development. Six (6) TMs will be developed to cover the various areas of the study. They are: • TM-1: SCADA System • TM-2: PLCs and RTUs • TM-3: Communications • TM-4: Ancillary Systems • TM-5: Cybersecurity • TM-6: Staffing VI. SCADA MASTER PLAN REPORT: Task 6: SCADA Master Plan Report CONSULTANT WORK ORDER SCADA System Master Plan 20-0016-UT City of Clearwater Consultant Work Order Page 9 of 15 Revised: 10/27/2021 6.1 Using the six TMs developed in Task 5.1.7 as a guide and resource, develop a draft master plan report to summarize the field investigations, workshops, analysis, and recommendations. Included in the report will be a description of the process, the vision and goals of the City, the deficiencies found in the existing system, the recommendations to fix those deficiencies, and opportunities for improvement and enhancement. The report will include an Executive Summary which will provide a management level summary of system recommendations. The report will be provided to the City for review and comment. 6.2 As part of the master plan report, a draft prioritized list of projects will be developed to assist the City with budget planning and prioritization to achieve the goals identified for the SCADA system. Projects will be detailed with a summarized scope, budget, estimated implementation timeframe and implementation year. 6.3 Review the report contents with project management and City staff team members and receive City comments. Modify the draft report and project list per agreed upon comments and distribute the final report. 6.4 Upon completion and acceptance of the final report, ENGINEER will prepare a presentation for City staff. The presentation will review the project and describe the findings, recommendations, and projects to achieve the goals and vision of the City. VII. SYSTEM DOCUMENTATION: Task 7: System Documentation 7.1 Perform a gap analysis between the existing P&ID’s and what is observed as installed in each facility and remote station. Perform site visits to each plant and all remote stations (pump stations, lift stations, wells and interconnects) and compare the P&ID provided by the City to the current installation. Prepare a technical memo itemizing either by P&ID or by plant, what is different between the P&IDs and the current installation. Differences identified will be limited to large vessels, instruments, and motors. CONSULTANT WORK ORDER SCADA System Master Plan 20-0016-UT City of Clearwater Consultant Work Order Page 10 of 15 Revised: 10/27/2021 3. PROJECT GOALS: • Review and documentation of the existing SCADA system, PLC hardware and communications systems • Comprehensive SCADA system cybersecurity audit. • Evaluation and identification of improvements to the SCADA system focused on product lifecycle, ease of migration, maintainability, expandability, flexibility, redundancy, resiliency, and usability. • A list of prioritized projects to aid in capital planning. • Gap analysis of the current P&IDs to existing plants Project deliverables will include*: Meeting minutes (electronic issue) Field Investigation and Data Collection Technical Memorandum (electronic issue) Workshop minutes (electronic issue) SCADA Cybersecurity Report (electronic issue) SCADA System Analysis Technical Memorandum (electronic issue) PLCs and RTUs Analysis Technical Memorandum (electronic issue) Communications Analysis Technical Memorandum (electronic issue) Ancillary Systems Analysis Technical Memorandum (electronic issue) Cybersecurity Analysis Technical Memorandum (electronic issue) Staffing Analysis Technical Memorandum (electronic issue) SCADA Master Plan Report (electronic and one (1) printed copy issue) SCADA Master Plan PowerPoint Presentation (electronic issue) P&ID Gap Analysis Technical Memorandum (electronic issue) *All deliverables will be submitted as a Draft version, then a Final version after incorporation of City comments. 4. FEES: This price includes all labor and expenses anticipated to be incurred by McKim & Creed for the completion of these tasks in accordance with Professional Services Method “A” – Hourly Rate, for a fee not to exceed Seven Hundred Thirty-Two Thousand, Seven Hundred Fifteen Dollars and Zero Cents ($732,715.00). CONSULTANT WORK ORDER SCADA System Master Plan 20-0016-UT City of Clearwater Consultant Work Order Page 11 of 15 Revised: 10/27/2021 Fees do not include permits or permit fees. See Attachment “A” for a breakdown of the total cost per task and/or phase for these engineering services. 5. SCHEDULE: The project is to be completed in 14 months from issuance of notice-to-proceed. The project deliverables are to be phased as follows: Project Kick-off Meeting: 10 calendar days Field Research: 350 calendar days Workshops: 108 calendar days SCADA Cybersecurity Audit: 169 calendar days System Assessments and Recommendations: 195 calendar days Project Scope and Budget Development 259 calendar days SCADA Master Plan Report 351 calendar days SCADA Master Plan Presentation 366 calendar days P&ID Gap Analysis 400 calendar days Project Close-out 420 calendar days 6. STAFF ASSIGNMENT: Name Organization Role Rich Gardner City of Clearwater Public Utilities Director Jeremy Brown City of Clearwater Engineering Manager, Utilities David Ojeda City of Clearwater Engineering Specialist, Stormwater Fred Hemerick City of Clearwater Public Utilities Water Quality and Production Assistant Manager Kervin St. Aimie City of Clearwater Public Utilities Infrastructure Maintenance Assistant Manager Mike Gilliam City of Clearwater Public Utilities Infrastructure Maintenance Manager CONSULTANT WORK ORDER SCADA System Master Plan 20-0016-UT City of Clearwater Consultant Work Order Page 12 of 15 Revised: 10/27/2021 Christina Goodrich City of Clearwater Public Utilities Wastewater Environmental Technologies Manager Travis Teuber City of Clearwater Public Utilities Wastewater Environmental Technologies Assistant Manager Michael Flanigan City of Clearwater Public Utilities Assistant Director Tara Kivett City of Clearwater Engineering Director / City Engineer Elliot Shoberg City of Clearwater Engineering Assistant Director Glenn Daniel City of Clearwater Public Utilities Water, Reclaimed, & Wastewater Collections Manager Sabrina Schute City of Clearwater Information Technology Manager (Network Tech) Dan Mayer City of Clearwater Information Technology Director Laurie Kusmaul Black & Veatch Project Manager Rebecca Oliva Black & Veatch Project Controls & Administration Julie Inman Black & Veatch Technical Advisor Mike Tweedel ENGINEER Project Manager Mike Stoup ENGINEER Principal Flavio Velecela ENGINEER Technical Lead Eric Brown ENGINEER Project Manager I Ian Ott ENGINEER I&C Specialist Doug Johnson ENGINEER Senior I&C Specialist Chris Anderson ENGINEER Senior Designer Crimson Resolve ENGINEER Cybersecurity Subconsultant 7. CORRESPONDENCE/REPORTING PROCEDURES: Consultant’s project correspondence shall be directed to: Mike Tweedel with copies to Mike Stoup. All City project correspondence shall be directed to: Laurie Kusmaul with copies to Rebecca Oliva, Richard Gardner, Jeremy Brown and others as appropriate. CONSULTANT WORK ORDER SCADA System Master Plan 20-0016-UT City of Clearwater Consultant Work Order Page 13 of 15 Revised: 10/27/2021 8. INVOICING/FUNDING PROCEDURES: City Invoicing Code: _____________________________ For work performed, invoices shall be submitted monthly to: ATTN ACCOUNTANT CITY OF CLEARWATER, ENGINEERING DEPARTMENT PO BOX 4748 CLEARWATER, FLORIDA 33758-4748 Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. 9. INVOICING PROCEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: 1. Purchase Order, Project and Invoice Numbers and Contract Amount. 2. The time period (begin and end date) covered by the invoice. 3. A short narrative summary of activities completed in the time period. 4. Contract billing method – Hourly Rate. 5. 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). 6. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. CONSIDERATIONS: Consultant acknowledges the following: 1. The Consultant named above is required to comply with Section 119.0701, Florida Statutes, where applicable. 2. All City directives shall be provided by the City Project Manager. 3. “Alternate equals” shall not be approved until City Project Manager agrees. 4. All submittals must be accompanied by evidence each has been internally checked for QA/QC before providing to City. 5. Consultants/Contractors are not permitted to use City-owned equipment (i.e. sampling equipment, etc.). 6. Documents posted on City website must ADA accessible. CONSULTANT WORK ORDER SCADA System Master Plan 20-0016-UT City of Clearwater Consultant Work Order Page 14 of 15 Revised: 10/27/2021 11. ADDITIONAL CONSIDERATIONS: All work orders should include considerations for the following: 1. Sea Level Rise and Flood Resilience, as applicable. 2. Submittal of a Critical Path Method (CPM) Schedule(s). 3. Submittal of a Project Catalog with the following items, as appropriate: a. Data requests, assumptions, critical correspondence, meeting agenda, sign-in sheets, meeting minutes, document comment-response log(s), technical memorandum/reports, addenda, progress reports, regulatory correspondence, and other project-related documents. b. If construction project, also include design plans, conformed plans, change orders, field orders, RFIs, work change directives, addenda, progress reports, shop drawing and progress submittals, as-builts, record drawings, and other project-related documents such as O&M manuals and warranty information. c. At the conclusion of the project, ENGINEER will combine this information into a Project Catalog and submit to the City for review and comment. 4. Arc Flash labeling requirements: a. All electrical designs and construction shall adhere to NFPA 70 E “Standard for Electrical Safety in the Workplace”. b. Updated calculations of Fault and Arc Flash, and provisions for new or updated Arc Flash equipment labeling shall be included in the contract documents. 12. SPECIAL CONSIDERATIONS: 12.1 Collection and documentation of specific part numbers of equipment are not included. 12.2 Collection of instrumentation information is not included. 12.3 Correction of system documentation (as-built quality) or the research to completely identify all deficiencies therein is not included. 12.4 Items not included in the P&ID Gap Analysis include: Piping research Process research Research of items not reasonably accessible 12.5 Correction of system documentation (as-built quality) or the research to completely identify all deficiencies therein is not included. CONSULTANT WORK ORDER SCADA System Master Plan 20-0016-UT City of Clearwater Consultant Work Order Page 15 of 15 Revised: 10/27/2021 12.6 A single review cycle of three (3) weeks for most documents is assumed and reflected in the prepared fee and schedule. Some more detailed or lengthy deliverables may have a review cycle of 4 weeks which will be discussed during monthly project status update meetings and decided upon by the group. The City is requested to assemble all comments into a single file for more efficient review and application. SIGNATURES: PREPARED BY: APPROVED BY: Mike Stoup, P.E. Tara Kivett, P.E. Vice President City Engineer McKim & Creed City of Clearwater Date Date ATTACHMENT “A” CONSULTANT WORK ORDER – PROJECT FEES TABLE SCADA System Master Plan 20-0016-UT City of Clearwater Consultant Work Order – Project Fees Table Page 1 of 1 Revised: 10/27/2021 CONSULTANT WORK ORDER PROJECT FEES TABLE Task Description Subconsultant Services Labor Total 1 Project Management $0 $58,300 $58,300 2 Data Collection & Field Investigations $0 $100,700 $100,700 3 Workshops $8,000 $37,440 $45,440 4 Cybersecurity Audit $98,000 $22,120 $120,120 5 System Analysis and Recommendations $0 $152,930 $152,930 6 SCADA Master Plan Report $0 $70,860 $70,860 7 P&ID Gap Analysis $0 $117,300 $117,300 SUBTOTAL $106,000 $559,650 $665,650 8 Contingency (10%) $0 $0 $66,565 9 Other Direct Costs (prints, photocopies, postage, etc.) $500 GRAND TOTAL: $732,715 ATTACHMENT “B” CONSULTANT WORK ORDER – CITY DELIVERABLES SCADA System Master Plan 20-0016-UT City of Clearwater Consultant Work Order – City Deliverables Page 1 of 1 Revised: 10/27/2021 CONSULTANT WORK ORDER CITY DELIVERABLES 1. FORMAT: The design plans shall be compiled utilizing the following methods: 1. City of Clearwater CAD standards. 2. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. 2. DELIVERABLES: The design plans shall be produced on bond material, 24" x 36" at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Autodesk Civil 3D file format. NOTE: If approved deviation from Clearwater CAD standards are used the Consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard release of Autodesk, Inc. software. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address Tom.Mahony@myClearwater.com. All electronic files (including CAD and Specification files) must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. Attachment “B” City of Clearwater SCADA Master Plan Schedule of Hourly Rates Employee Classification (Role)  (Rate/Hour)  Vice President (Principal) .............................................................................................................. $270.00  Engineering Manger ....................................................................................................................... $260.00  Senior Project Manager (Project Manager III) ............................................................................. $225.00  Project Manager (Project Manager II) .......................................................................................... $196.00  Scientist IV (Technical Lead) ......................................................................................................... $175.00  Scientist III (Senior I&C Specialist) ............................................................................................... $160.00  Scientist I .......................................................................................................................................... $140.00  I&C Specialist ................................................................................................................................... $133.00  Engineer Intern ................................................................................................................................ $128.00  Senior Designer ............................................................................................................................... $150.00  Designer I ......................................................................................................................................... $105.00  Sr. Project Administrator ............................................................................................................... $100.00  Administrative/Clerical .................................................................................................................... $86.00  Subconsultant  Subconsultant costs are actual incurred times a factor of 1.00.  Actual costs shall be based on  billing rates for required labor classifications.  Other Direct Costs  Other direct costs are actual costs incurred for travel outside of the Tampa Bay area, printing, copying,  long distance phone calls, etc.  Procurement Division 100 S Myrtle Ave Clearwater FL 33756-5520 PO Box 4748, 33578-4748 727-562-4630 Tel REQUEST FOR QUALIFICATIONS Consulting Services - SCADA System Master Plan RFQ #01-21 October 5, 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, November 4, 2020 to provide Consulting Services for SCADA System Master Plan development. Brief Description: The City of Clearwater Public Utilities Department is seeking a qualified consultant to develop a Master Plan and implementation strategy for its Supervisory Control and Data Acquisition (SCADA) systems to ensure customers are served, infrastructure is sustained, and compliance obligations are met. 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 Sr. Procurement Analyst, Valerie.Craig@myclearwater.com. This Request for Qualifications is issued by: Lori Vogel, CPPB Procurement Manager lori.vogel@myclearwater.com INSTRUCTIONS SCADA System Master Plan 2 RFQ #01-21 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: 11/04/2020 Time: 10:00 AM (Local Time) The City will open all responses properly and timely submitted and will record the names and other information specified by law and rule. All responses become the property of the City and will not be returned except in the case of a late submission. Respondent names, as read at the opening, will be posted on the City website. Once a notice of intent to award is posted or 30 days from day of opening elapses, whichever occurs earlier, responses are available for inspection by contacting the Procurement Division. i.4 SUBMIT RESPONSES TO: It is recommended that bids be submitted electronically through our bids website at https://www.myclearwater.com/business/rfp. Bidders may mail or hand-deliver bids to the address below. E-mail or fax submissions will not be accepted. Use label at the end of this solicitation package. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave, 3rd Fl, Clearwater FL 33756-5520 or PO Box 4748, Clearwater FL 33758-4748 No responsibility will attach to the City of Clearwater, its employees or agents for premature opening of a bid that is not properly addressed and identified. i.5 LATE RESPONSES. The respondent assumes responsibility for having the response delivered on time at the place specified. All responses received after the date and time specified shall not be considered and will be returned unopened to the respondent. The respondent assumes the risk of any delay in the mail or in handling of the mail by employees of the City of Clearwater, or any private courier, regardless whether sent by mail or by means of personal delivery. It shall not be sufficient to show that you mailed or commenced delivery before the due date and time. All times are Clearwater, Florida local times. The respondent agrees to accept the time stamp in the City’s Procurement Division as the official time. i.6 LOBBYING. Any communication regarding this solicitation for the purpose of influencing the process or the award, between any person or affiliates seeking an award from this solicitation and the City is prohibited. This section shall not prohibit public comment at any City Council meeting, study session or Council committee meeting. This prohibition shall not apply to communication with the contact(s) identified in the solicitation or City-initiated communications for the purposes of conducting the procurement including but not limited to clarification of responses, presentations if provided in the solicitation, contract negotiations, protest/appeal resolution, or surveying non- responsive vendors. INSTRUCTIONS SCADA System Master Plan 3 RFQ #01-21 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. To achieve the purpose of this Article, it is essential that respondents and contractors doing business with the City also observe the ethical standards prescribed herein. It shall be a breach of ethical standards to: INSTRUCTIONS SCADA System Master Plan 4 RFQ #01-21 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 SCADA System Master Plan 5 RFQ #01-21 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 Points Technical Approach (tab 2) 25 Experience and Qualifications of Firm and Staff (tab 3) 35 Work Plan and Schedule (tab 4) 25 Quality Management Approach (tab 5) 15 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. The respondent must provide a formal presentation/interview on-site or virtually at a City location upon request. i.19 CONTRACT NEGOTIATIONS AND ACCEPTANCE. Respondent must be prepared for the City to accept the response as submitted. If respondent fails to sign all documents necessary to successfully execute the final contract within a reasonable time as specified, or negotiations do not result in an acceptable agreement, the City may reject response or revoke the award, and may begin negotiations with another Respondent. Final contract terms must be approved or signed by the appropriately authorized City official(s). No binding contract will exist between the respondent and the City until the City executes a written contract or purchase order. INSTRUCTIONS – EVALUATION SCADA System Master Plan 6 RFQ #01-21 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: 10/05/2020 Advertise Tampa Bay Times: 10/07/2020 Responses due: 11/04/2020 Review responses/presentations: 11/05/2020 through 12/02/2020 Award recommendation: 12/02/2020 Council authorization: 03/2021 Contract begins: 04/2021 DETAILED SPECIFICATIONS SCADA System Master Plan 7 RFQ #01-21 1. CITY MISSION. The City of Clearwater is dedicated to providing superior services to its customers in order to improve the quality of life for Clearwater residents, businesses and visitors. The City is looking for vendors who share that dedication and will help the City meet that goal. 2. SCOPE OF SERVICES. The scope of services presented herein is a general assessment of the tasks and deliverables expected of the Consultant. The Consultant is encouraged to identify additional elements in their proposal that are critical to a successful Master Plan. A. Project Description The City of Clearwater Public Utilities Department is seeking a qualified consultant to develop a Master Plan and implementation strategy for its Supervisory Control and Data Acquisition (SCADA) systems to ensure customers are served, infrastructure is sustained, and compliance obligations are met. The independent review and evaluation is expected to evaluate best practice and industry standards and identify recommendations for upgrades and/or improvements. It is intended to be used as a guide for budgeting and planning for future SCADA system additions and enhancements. Responding firms are encouraged to identify and include in its response other items believed to be in the best interest of the City even if not specifically indicated within this RFQ. B. Project Sites SCADA sites:  Supply Wells (44)  Pinellas County Interconnects (6)  Water Treatment Plants (WTPs) : o Reverse Osmosis (RO) Plant-1 o RO-2 o WTP-3  Lift stations (78 total; 59 telemetered):  Water Reclamation Facilities (WRFs) o Marshall St. o East o Northeast o Wastewater service connections (3)  Reclaimed Water Booster Pump Stations and remote sites: o Drew St. o Union St. o Skycrest o Pinellas County Reservoir o Water bodies at Golf Courses/Driving ranges (6) C. Existing Infrastructure Key Components of the existing SCADA infrastructure:  Citect SCADA 7.40 and Citect Historian 4.40  Allen-Bradley (ControlLogix, CompactLogix, SLC, MicroLogix) family of products  Data Flow Systems RTU/TCUs  Microsoft Windows Operating systems  Fiber, copper, and radio networks communications  Desktop, tablet, and smartphone access DETAILED SPECIFICATIONS SCADA System Master Plan 8 RFQ #01-21 D. Project Tasks The following list represents anticipated tasks to complete the project. The collection of relevant City data is to be completed by Consultant staff as necessary. The Consultant is encouraged to propose modifications to the individual tasks or the entire scope of services 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. Task 1 - Vision and Goals Development: This task will identify metrics to establish a baseline of current SCADA performance, and set goals to achieve a long-term, reliable SCADA system and improve operational efficiency. This task will also identify ranking criteria to guide future technology analysis and selections. Task 2 - Condition Assessment: Develop a full understanding of the City’s existing SCADA systems. This can be accomplished through document reviews, site visits, and other methodologies. As part of this task, recommendations on short-term solutions to alleviate some of the most pressing operational challenges, such as issues with existing historian(s) and obsolescence of SCADA servers hardware; will be developed. Task 3 - Technology Selection and Workshops: Review currently available products and work with the City to prepare recommendations and alternatives describing the strengths and weaknesses of each based on a variety of criteria such as:  Long-term value  Ease of use  New or improved functionalities and features  Capabilities/functionality/efficiency  Reliable migration path from current version of Citect SCADA in use by the City to the proposed product  Integration with city business applications (Hach Water Information Management/Laboratory Information Management systems, Excel, Dream Report, OWAM or current asset management platform at the time, etc.)  Support cycle  Security (National Institute of Standards and Technology Special Publication 800-82 and other references)  Advanced customization for alarm creation, data logging and trending features  Report generation  Other criteria suggested by consultant Task 4 – Development of Draft and Final Master Plan: The Master Plan will cover a 10-year planning period. Elements of the Master Plan could include, but are not limited to:  Comprehensive evaluation of existing SCADA systems (including field instrumentation & control devices inventory, Piping and Instrumentation Diagrams of main processes, and Network Layouts)  Development of a recommended level of service for the SCADA systems and recommended improvements to meet that level of service  Prioritized plan for constructing the recommendations  Cost opinions of construction costs for the recommended improvements  Development of City SCADA and I&C Standards to include functional design specification (FDS) for the SCADA system improvements, such as: DETAILED SPECIFICATIONS SCADA System Master Plan 9 RFQ #01-21 o Implementation strategy for the proposed improvements o Detailed description of operation, control algorithms, and programming languages for each SCADA installation to local control logic o Detailed system security strategies o SCADA HMI screen layouts and navigation o Detailed descriptions of alarm handling, data logging, data trending, and report generation requirements  Considerations to incorporate recommendations developed in the City’s Water Master Plan and Wastewater Collection System Master Plan (will be provided to selected consultant).  Proposal for the implementation of an online Catalog of SCADA documents (Schematics, manual, layouts and diagrams)  Additional info as recommended by consultant. The consultant will be responsible for facilitating meetings/workshops with city personnel and performing site visits to city-owned properties as needed to gather information needed to develop the SCADA Master Plan. E. Project Schedule The project schedule will be finalized during the scoping/contracting process with the goal of presenting the work order to City Council for consideration. F. Supplemental Material In addition to this solicitation document, the following items have been provided as Exhibits which can be found on the City’s website:  Exhibit A_Terms_and_Conditions  Exhibit B_Scrutinized_Companies_Form 3. REQUIRED QUALIFICATIONS. Interested consultants must be able to demonstrate extensive knowledge of SCADA master planning, SCADA and Telemetry systems engineering, design, configuration, programming, deployment and integration with municipally owned and operated water supply, treatment, and distribution systems, wastewater collection (including lift stations) and treatment systems, and reclaimed water systems. 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. DETAILED SPECIFICATIONS SCADA System Master Plan 10 RFQ #01-21 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. 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 #01-21 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. 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 SCADA System Master Plan 11 RFQ #01-21 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM. April 2021 – September 2022 If the commencement of performance is delayed because the City does not execute the contract on the start date, the City may adjust the start date, end date and milestones to reflect the delayed execution. 2. EXTENSION. The City reserves the right to extend the term of this contract, provided however, that the City shall give written notice of its intentions to extend this contract no later than thirty (30) days prior to the expiration date of the contract. RESPONSE FORMAT SCADA System Master Plan 12 RFQ #01-21 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.    NOTE:  If submitting responses electronically, copies are not required.  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 statement confirming that all information contained in the response is complete and accurate.  Signature from the firm’s principal certifying that sufficient resources in personnel, equipment, and time are available and can be committed to this project.  Contact information for the firm’s principal including email address and phone number. TAB 2 – Technical Approach (25 points; six [6] pages). Provide an understanding of the Scope of Services to be provided 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 project experience. Provide additional items/information that the firm believes is relevant to this project but not explicitly included TAB 3 – Experience and Qualifications of Firm and Staff (35 points; ten [10] pages). Describe the firm’s professional background, experience with SCADA, to include design and implementation (assessing and offering recommendations for improvements of existing SCADA components, Hardware/Software procurement and deployment, database migration, HMI graphics development, data trending and reporting, alarm management strategies, and SCADA security) as well as integration experience (onsite commissioning, system startup and testing, training, providing record drawings and O&M documentation) , and qualifications of key personnel proposed to provide such services.  Include an organization chart and an affirmative statement indicating that the firm and all assigned key professional staff are properly licensed to practice in Florida.  Include resumes for key team members (including subconsultants) demonstrating specific project experience relevant to the project.  Include the expected amount of involvement for each consultant team member. Any changes in key personnel after the contract award must be approved by the City.  Include information for three (3) projects, preferably within the last 10 years, for which the team has provided services closely related to this scope of service, including contract name, mailing address, email address and phone number. TAB 4 – Work Plan and Schedule (25 points; eight [8] pages). Provide a detailed work plan by task describing the firm’s understanding of the project and its methodology for meeting the needs of the City. Provide a detailed description of the in-house engineering disciplines including how outsourced discipline providers will be selected and managed. Provide an estimated schedule of tasks to complete the scope of services, including estimated number of hours per task, by personnel/position, and duration RESPONSE FORMAT SCADA System Master Plan 13 RFQ #01-21 TAB 5 – Quality Management Approach (15 points; two [2] pages). Provide information as to the firm’s Quality Assurance/Quality Control plan and/or policy. Demonstrate specific steps conducted for technical reviews of various types of deliverables 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- 1. Provide a complete listing of any convictions or fines incurred by the respondent firm or any of its principals for violations of any state or federal law within the past three (3) years. Identify firm’s executives who have current claims or who have participated in litigation against the City of Clearwater while with another firm. Executives of firms currently under litigation with the City may not be considered for this project. 2. Provide a complete listing of all litigation involving a construction project or contract (excluding personal injury and workers’ compensation) whether currently pending or concluded within the past three (3) years in which the respondent firm was a named party. 3. Provide a complete listing of all administrative proceedings involving a construction project or contract, whether currently pending or concluded within the past three (3) years, in which the respondent firm was a named party. (NOTE: Administrative Proceedings shall include: (i) any action taken or proceeding brought by a governmental agency, department, or officer to enforce any law, regulation, code, legal, or contractual requirement, 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.) 4. 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: 1. Exceptions, Additional Materials, Addenda form 2. Company Information form 3. Response Certification form 4. Copy of the firm’s current Florida Department of Business and Professional Regulation’s License 5. Exhibit B_Scrutinized_Companies_Form 6. If the firm is a corporation, a copy of the current Florida Corporation Registration 7. 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 SCADA System Master Plan 14 RFQ #01-21 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 SCADA System Master Plan 15 RFQ #01-21 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: RESPONSE CERTIFICATION SCADA System Master Plan 16 RFQ #01-21 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 SCADA System Master Plan 17 RFQ #01-21 --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #01-21, Consulting Services- SCADA System Master Plan Due Date: November 4, 2020 at 10:00 A.M. --------------------------------------------------------------------------------- For US Mail ------------------------------------------------------------------------------ ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services ------------------------------------------------ SEALED RESPONSE Submitted by: Company Name: Address: City, State, Zip: RFQ #01-21, Consulting Services- SCADA System Master Plan Due Date: November 4, 2020 at 10:00 A.M. City of Clearwater Attn: Procurement Division 100 S Myrtle Ave 3rd Fl Clearwater FL 33756 ---------------------------------------------- For Hand Deliveries, FEDEX, UPS or Other Courier Services------------------------------------------------ City of Clearwater Attn: Procurement Division PO Box 4748 Clearwater FL 33758-4748 Page 1 of 2 Addendum #1 RFQ# 01-21, Consulting Services – SCADA System Master Plan October 14, 2020 NOTICE IS HEREBY GIVEN that the following addendum serves to provide clarification and to answer the questions received on RFQ #01-21, Consulting Services – SCADA System Master Plan Question 1: Do you anticipate extending the bid due date? Answer to Question 1: The City does not anticipate extending the due date at this time. Question 2: What additional details are you willing to provide, if any, beyond what is stated in bid documents concerning how you will identify the winning bid? Answer to Question 2: The Intent to Award notice will be posted to the City’s website. Question 3: Was this bid posted to the nationwide free bid notification website at www.mygovwatch.com/free? Answer to Question 3: No it was not. Question 4: Other than your own website, where was this bid posted? Answer to Question 4: The City posts notifications on the State of Florida’s website at https://www.dms.myflorida.com. Question 5: Who is the technical contact for the SCADA System Master Plan Project? (Project Manager) Answer to Question 5: All questions regarding this solicitation shall be addressed to Valerie.Craig@MyClearwater.com, Sr. Procurement Analyst as referenced in the solicitation document. Upon award, the technical contact and Project Manager is David Ojeda, Engineering Specialist. Question 6: Has a funding source been identified? If so, what is the funding source? Answer to Question 6: Funding is available under the City’s Public Utilities Renewal and Replacement Fund. Question 7: What is the estimated cost of the SCADA Enhancement effort? Answer to Question 7: The estimated cost is still under review. Question 8: When are the recommendations made by the consultant expected to be released? Answer to Question 8: Refer to MILESTONES; 1. ANTICIPATED BEGINNING AND END DATE OF INITIAL TERM; page 11 of the solicitation document. Page 2 of 2 Question 9: Are we able to get a copy of the recommendations? If so, how? Answer to Question 9: Upon completion, a request for Public Records can be made through the City's Clearwater Public Records Center, accessible on the City's website at: https://clearwaterfl.mycusthelp.com/WEBAPP/_rs/(S(w44p5onc4k5pifyqilzwxjzr))/SupportHome. aspx?sSessionID= Question 10: Can you please send me a list of vendors who intend to submit the above project? If not available, perhaps you could send me the sign in sheet from a pre-bid meeting if one was held? Answer to Question 10: Pre-qualification was not required for this RFP, therefore the City has no knowledge of vendors intending to submit proposals. A pre-bid meeting was not held for this solicitation. End of Questions and Answers End of Addenda January 14, 2021 McKim & Creed, Inc. Attn: Mike Stoup, PE Via email: MStoup@McKimCreed.com 1365 Hamlet Ave. Clearwater, FL 33756 RE: Request for Qualifications (RFQ) #01-21, Consulting Services - SCADA System Master Plan Mr. Stoup, Thank you for your interest and submittal in response to City of Clearwater’s Request for Qualifications #01-21, Consulting Services - SCADA System Master Plan. We appreciate the time and effort put forth in your presentation to our Selection Committee on January 13, 2021. The selection committee has ranked the firms that participated in the formal presentations as follows: 1. McKim & Creed, Inc. 2. Eramosa International Inc. 3. Patrick Engineering Inc. Congratulations! We will begin contract negotiations with your firm in the next few days. Should negotiations fail, the committee would move to the second highest ranked firm. On behalf of the Selection Committee and the City, I would like to thank you again for your participation and interest. Regards, Valerie Craig Valerie Craig, CPPB Sr. Procurement Analyst Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0371 Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Engineering Department Agenda Number: 6.7 SUBJECT/RECOMMENDATION: Approve Supplemental One Work Order to Mead and Hunt, Inc. of Tampa, FL, for On-Call Traffic Engineering Technical Support Services, 21-0035-EN, in the amount of $205,000.00, increasing the work order from $95,000 to $300,000, pursuant to Request for Qualifications (RFQ) 26-19, Engineer of Record Consulting Services (EOR), and authorize the appropriate officials to execute same. (consent) SUMMARY: December 2021, the City Manager approved the initial $95,000 work order to EOR Mead & Hunt for as needed services to review and access technical reports from the Florida Department of Transportation, Pinellas County, complete the Traffic Engineering review to support the land development permit process for private developments and provide coordinated recommendations to the City. Supplemental One Work Order will provide operational staff with daily assistance on permit reviews and multimodal impact fees to meet the Traffic Engineering workload demands until vacated positions are filled and trained (two Engineering Specialists and an Engineering Analyst). APPROPRIATION CODE AND AMOUNT: 0101331-530100 $205,000 Funds are available in cost code 0101331-530100, Professional Services, to fund this supplemental work order. Page 1 City of Clearwater Printed on 4/27/2022 Mead & Hunt, Inc. City of Clearwater Consultant Work Order Page 1 of 8 Revised: 8/3/2021 SUPPLEMENTAL 1 WORK ORDER Date: April 5, 2022 1. PROJECT INFORMATION: Project Title: On-Call Traffic Engineering Technical Support Supplement City Project Number: 21-0035-EN City Plan Set Number: Consultant Project Number: 2. SCOPE OF SERVICES: The City of Clearwater, Traffic Division, is requesting Mead & Hunt (Consultant) to provide traffic engineering and transportation planning services, on an as-needed basis, to augment its staff resources. Per the City’s request, the design plans shall be compiled using the city of Clearwater CAD standards, as attached. The Traffic division is responsible for the planning, geometric design and traffic operations of streets and highways, their networks, terminals, abutting lands, relationships with other modes of transportation and the city's traffic calming program. It reviews plans of developments and impact on adjacent street systems, initiates street lighting, administers multimodal impact fees, conducts traffic studies, analyzes accident problems, reviews public concerns and complaints, and coordinates and maintains the Computerized Traffic Control System. This division fabricates, installs, and maintains all traffic signal installations, pavement markings and traffic signs under the jurisdiction of the City of Clearwater, including flashing beacons, school signals and the marking of all city parking lots. This division also serves as the primary liaison with Florida Department of Transportation (FDOT), Pinellas County Traffic Engineering and other municipal traffic operations agencies, such as Forward Pinellas of Pinellas County. Because of current and future land use developments, traffic congestion, multi-modal needs for bus and transit services and the increased daily responsibilities, the City frequently requires the services of a CONSULTANT to provide immediate consulting services to review studies and respond to citizens and elected officials’ needs, solve current operational issues arising from traffic congestion, pedestrian and bicycle access, parking, update signal timing, review new/suggested traffic patterns with signing and marking, and other services as they arise. SUPPLEMENTAL 1 WORK ORDER On-Call Traffic Engineering Technical Support Mead & Hunt, Inc. 21-0035-EN City of Clearwater Consultant Work Order Page 2 of 8 Revised: 8/3/2021 Mead & Hunt proposes to provide the following services, on an as-needed basis, to meet the City’s needs for traffic engineering services, as follows: I. TRAFFIC ENGINEERING DESIGN, OPERATIONS, SAFETY AND PLANNING SERVICES  ON-SITE (CITY OFFICE) ASSISTANCE. When called upon, CONSULTANT will provide specific personnel to work on-site at the City’s offices to assist with permit reviews, traffic impact fees, DRC reviews, and any other services that is deemed necessary by the Director and Traffic Manager. On-Site Support is estimated to be 20 hours per week for a period of 5 months (400 hours).  MEETINGS. When called upon, CONSULTANT will attend meetings with City staff and stakeholders to assist the City staff on technical matters, peer reviews, review scope of services prepared by others, etc.  SITE VISITS Mead & Hunt will perform site visits as required to document existing conditions, inventory roadway and traffic characteristics and to observe traffic operations, parking demand, congestion, and other relevant conditions.  TRAFFIC IMPACT STUDY REVIEW. CONSULTANT will review and comment on traffic impact studies and concept plans prepared by others in accordance with the City’s local ordinances and the ITE Trip Generation Manual. It is anticipated that the primary focus of this effort will be focused on the beach front area and multiple development proposals. The CONSULTANT will also conduct independent study checks including traffic data collection, traffic capacity analysis including level of service/ delay/ queuing, site trip generation, trip assignment, traffic safety analysis, site access and circulation evaluation, traffic mitigation, and technical reports and presentation.  INTELLIGENT TRANSPORTATION SYSTEMS ENGINEERING. CONSULTANT will support the City staff and their evaluations ITS strategies and supporting infrastructure including systems, software, hardware, and operations though technical expertise in the form of phone meetings, email and technical papers/ white papers. Since we don't know which strategies or projects we will be asked to support, we have allocated 40 hours of labor for this effort. CONSULTANT will also support the City staff as they evaluate the feasibility and applicability of potential traffic or ITS related grant opportunities. Since we do not know which grants we may be called upon to support, we have allocated 40 hours of labor for this effort.  BEACH EXPRESS. CONSULTANT will develop 1) preliminary engineering concepts and costs for an interim bus on shoulder/ bus priority design including advanced TSP from downtown to the beachfront and 2) service / operating plan for express bus services SUPPLEMENTAL 1 WORK ORDER On-Call Traffic Engineering Technical Support Mead & Hunt, Inc. 21-0035-EN City of Clearwater Consultant Work Order Page 3 of 8 Revised: 8/3/2021 from the downtown and points east to the beach including review/ updates of PSTA ridership forecasts.  TRAFFIC STUDIES AND ANALYSIS. CONSULTANT will review traffic operation studies including traffic signal warrant analysis; review of signal timing optimization plans; traffic signals, signing and marking construction plans; and assist the City in the review and implementation of signal timing plans for the operations of the City’s Urban Traffic Signal Computer System. CONSULTANT will review and comment and develop Concept/Preliminary Design documentation addressing recommended mitigation measures.  PEDESTRIAN AND BICYCLE CIRCULATION. CONSULTANT will review and comment on Ped/Bicycle circulation and safety studies prepared by others and provide input in accordance with the City’s standards and directives.  VISION ZERO TRAFFIC STUDIES. CONSULTANT will review traffic calming and other traffic safety studies prepared by others and provide comments in accordance with the City’s ordinances and national best practices. Preparation of focused Concept/Preliminary Design documentation addressing recommended mitigation measures.  TRANSPORTATION IMPROVEMENT PLANNING AND STUDIES, INCLUDING PROJECT DEVELOPMENT & ENVIRONMENTAL (PD&E) STUDY REVIEW. CONSULTANT will review and comment on traffic technical reports and concept plans prepared by others. CONSULTANT will review and comment on Roadway & traffic Design, traffic technical reports and concept plans prepared by others.  TRAFFIC CONTROL DEVICE ASSESSMENT – including signal warrants, stop warrants, HAWK warrants and street lighting analysis 3. PROJECT GOALS This project will provide the City’s Traffic Engineering team with additional resources and technical expertise to respond to a myriad of needs including day-to-day traffic operational issues, citizen and elected official inquiries, address urgent traffic safety, traffic calming and operational concerns, technical report/ plan/ design review, parking operations, and incorporate needs of bicycles, pedestrians and transit vehicles into traffic operations and transportation planning. The additional resources and technical expertise will allow the Division to respond in a timely manner to inquiries, comment / review requests to keep capital projects and development plans moving forward and provide an objective outside opinion. Furthermore, the project will support the City in identifying and pursuing grant opportunities to support traffic control systems and technology enhancements. SUPPLEMENTAL 1 WORK ORDER On-Call Traffic Engineering Technical Support Mead & Hunt, Inc. 21-0035-EN City of Clearwater Consultant Work Order Page 4 of 8 Revised: 8/3/2021 4. FEES: See Attachment “A” This price includes all labor and expenses anticipated to be incurred by Mead & Hunt for the completion of these tasks in accordance with Professional Services Method “A” – Hourly Rate, for a fee not to exceed Two Hundred and five Thousand Dollars ($205,000). 5. SCHEDULE: This is an as-needed services Work Order. Therefore, the schedule will be determined when the services are requested. 6. STAFF ASSIGNMENT: Paul Silberman, PE, PTOE Vice President (Point-of- Contact) Keith Riniker, PE, PTOE Vice President Ziad A. Sabra, PhD, PE, PTOE Senior Vice President Steven Jones Senior Project Manager Robin Fish, PE, PTOE, RSP1 Senior Engineer Jyothi Paladugu, PE, PTOE Senior Project Manager Randall Burks, PE, PTOE Senior Project Manager Rafey Subhani, PE, AICP Senior Project Manager Sharon Simington Senior Project Manager Woody Hood, TOPS, TSOS, IMSA II Engineer IV Chris Lees Engineer V Jeff Weaver Engineer IV Katie Masetti, PE, PTOE Engineer III Michael Monroe, PE, PTOE Engineer III Jeff Wentz Engineer V Brian Laverty, AICP Engineer IV Jamie Kendrick, AICP Engineer IV Bryon White, PE, PTOE Engineer IV SUPPLEMENTAL 1 WORK ORDER On-Call Traffic Engineering Technical Support Mead & Hunt, Inc. 21-0035-EN City of Clearwater Consultant Work Order Page 5 of 8 Revised: 8/3/2021 Kyle Roberts, PE, PTOE Engineer IV Josh Colson, PE, PTOE Engineer III Roshan Singh, PE, PTOE Engineer III Bailey Soplinski Engineer I Matt O’Connell, GISP Senior Designer Casen Keller Senior Designer 7. CORRESPONDENCE/REPORTING PROCEDURES: ENGINEER’s project correspondence shall be directed to Paul Silberman (Project Managers). All CITY project correspondence shall be directed to Mr. Omar Atallah with copies to others as may be appropriate. 8. INVOICING/FUNDING PROCEDURES: City Invoicing Code: 0101331-530100 For work performed, invoices shall be submitted monthly to: Attention: Leland Sivanish, Sr. Accountant City of Clearwater, Engineering PO Box 4748 Clearwater, Florida 33858-4748 9. INVOICING PROCEDURES: At a minimum, in addition to the invoice amount(s) the following information shall be provided on all invoices submitted on the Work Order: 1. Purchase Order, Project and Invoice Numbers and Contract Amount. 2. The time period (begin and end date) covered by the invoice. 3. A short narrative summary of activities completed in the time period. 4. Contract billing method – Lump Sum or 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). SUPPLEMENTAL 1 WORK ORDER On-Call Traffic Engineering Technical Support Mead & Hunt, Inc. 21-0035-EN City of Clearwater Consultant Work Order Page 6 of 8 Revised: 8/3/2021 7. If the Work Order is funded by multiple funding codes, an itemization of tasks and invoice amounts by funding code. 10. CONSIDERATIONS: Consultant acknowledges the following: 1. The Consultant named above is required to comply with Section 119.0701, Florida Statutes, where applicable. 2. All City directives shall be provided by the City Project Manager. 3. “Alternate equals” shall not be approved until City Project Manager agrees. 4. All submittals must be accompanied by evidence each has been internally checked for QA/QC before providing to City. 5. Consultants/Contractors are not permitted to use City-owned equipment (i.e., sampling equipment, etc.). 6. Documents posted on City website must ADA accessible. 11. SPECIAL CONSIDERATIONS: Our work will consider coordination with, acknowledgement of, and reference to, all applicable completed and current transportation studies, plans, policies and standing committees as needed including: • Advanced Transportation and Congestion Management Technologies Deployment Initiative, Pinellas County • Safe Streets Pinellas Vision Zero Resolution and Action Plan, Pinellas County, March 2021 • Greenprint 2.0 City of Clearwater, 2021 • Downtown District & Design Standards, City of Clearwater, 2018 • Draft Intermodal Site Selection Analysis, City of Clearwater, 2016 • Clearwater Multimodal Transit Center (MTC), Pinellas Suncoast Transit Authority (PSTA), 2021 • Fort Harrison Complete Street Study (2020) and Design (2022), City of Clearwater • Beach Area Traffic Study, City of Clearwater, 2008 • Drew Street Corridor Study and Concept Evaluation, Pinellas County/ FDOT, 2021 • Pinellas County Ordinance 85-14 Local Option Gas Tax • City of Clearwater Code Section 4-904. Mobility management system • Pinellas County Multimodal Impact Fee Ordinance (Ord. 8805-16, May 2016) • Beach Parking Study, Desman Associates, 2021 • Downtown District & Design Standards Appendix C of the Community Development Code City of Clearwater, Florida Adopted Ord. 9149-18 August 2, 2018 • Complete Streets Implementation Plan, City of Clearwater (June 2019) • Comprehensive Plan Update, and Update to Transportation Element, Multimodal focus City of Clearwater SUPPLEMENTAL 1 WORK ORDER On-Call Traffic Engineering Technical Support Mead & Hunt, Inc. 21-0035-EN City of Clearwater Consultant Work Order Page 7 of 8 Revised: 8/3/2021 • Downtown Redevelopment Plan Update City of Clearwater (March 2018) • Lake Belleview Walk Audit, City of Clearwater (June 2019) • Micromobility Code Amendments (Ord. 9348-19, December 5, 2019) – Awaiting City RFQ for Pilot Program in Downtown (not date established) • Investment Corridors Discussion in conjunction with Pinellas County (September 2019) • Shifting Gears Bicycle & Pedestrian Master Plan, City of Clearwater, (2006) • Early Transportation Planning Work Program Update to Council (May 1, 2017) • Placemaking Program, City of Clearwater (initiated 2019) • SR 580 Corridor Planning and Concept Development Study from Alternative US 19/SR 595/Broadway to Tampa Road, FDOT, July 2021 • US 19 Frontage Roads Safety Action Plan, City of Clearwater, May 2021 • FDOT Bike/Ped Plan, 2020 • SR 60 Median/Ped Safety Improvements Gulf to Bay east of US 19 and McMullen Booth Road, FDOT, 2021 • Harn Pedestrian Bridges, City of Clearwater 2021 • Courtney Campbell Causeway Trail Design, City of Clearwater, 2021 • Alt-19 Corridor Study, Pinellas County, 2018 • Forward Pinellas Comprehensive Land Use and Transportation Plan, Pinellas County • Hercules Ave & Range Road Bicycle Improvement Project Multimodal Priority Grant, Pinellas County, 2021 • Pinellas Trail Vision, Pinellas County, 2021 • Belcher Road @ Gulf to Bay Blvd Intersection Improvement Study, FDOT, 2021 • Belleair Road Multimodal Feasibility Study, Pinellas County, December 2019 • Pinellas County (Duke Energy) Trail North Gap, under construction • Advantage Pinellas 2045 Long Range Transportation Plan and Countywide Bicycle/ Pedestrian Plan, Pinellas County, 2020 • Innovative Transit Technologies Feasibility Study (Hyperloop, Air Taxi, Aerial Gondolas), Tampa Bay Area Regional Transit Authority • SR 60 Multimodal Implementation Plan, FDOT, 2016 • List of active Beach development projects including 325 Gulfview Boulevard Extension • Technical Coordinating Committee (TCC) • Bicycle Pedestrian Advisory Committee (BPAC) • Waterborne Transportation Committee • City/Forward Pinellas/Pinellas County coordination meeting • PSTA Coordination • Interagency Signal Maintenance Agreement • Citywide/ Countywide Crash and Traffic Count databases 12. SIGNATURES: SUPPLEMENTAL 1 WORK ORDER On-Call Traffic Engineering Technical Support Mead & Hunt, Inc. 21-0035-EN City of Clearwater Consultant Work Order Page 8 of 8 Revised: 8/3/2021 PREPARED BY: APPROVED BY: Ziad A. Sabra, PhD, PE, PTOE Tara Kivett, P.E. Vice President City Engineer Mead & Hunt, Inc. City of Clearwater Date Date ATTACHMENT “A” SUPPLEMENTAL 1 WORK ORDER – PROJECT FEES TABLE On-Call Traffic Engineering Technical Support Mead & Hunt 21-0035-EN City of Clearwater Consultant Work Order – Project Fees Table Page 1 of 1 Revised: 8/3/2021 SUPPLEMENTAL 1 WORK ORDER PROJECT FEES TABLE Task Description Total 2.0 On-Site Support/ Meetings/ Field Visits $75,000 3.0 Beach Express Preliminary Engineering/ Ridership $10,000 4.0 ITS Support $40,000 5.0 Miscellaneous Traffic Engineering Support $80,000 Total $205,000 ATTACHMENT “B” CONSULTANT WORK ORDER – CITY DELIVERABLES On-Call Traffic Engineering Technical Support Mead & Hunt 21-0035-EN City of Clearwater Consultant Work Order – City Deliverables Page 1 of 2 Revised: 8/3/2021 CONSULTANT WORK ORDER CITY DELIVERABLES 1. FORMAT: Any preliminary 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 deliverables will include technical memoranda, graphics, review of reports, calculations concepts, conference calls, meeting attendance. Consultant input may also include tender/ requests for proposal preparation input, cost estimates, and /or development of conceptual /preliminary design plans. Example deliverables anticipated include: o Permit review memos, Traffic Impact Fee/ mitigation agreements, DRC review memos o Development of concepts/ preliminary design plans addressing roundabout improvements and bus priority improvements to the beachfront o Development of concepts/preliminary design plans addressing recommended mitigation measures for development projects/ traffic impact studies. o Preparation of focused concept/preliminary design plans addressing recommended mitigation measures for traffic calming and Vision Zero safety improvements. o Technical memorandum summarizing reviews and comments on Roadway & traffic Designs, traffic technical reports and concept plans prepared by others. ATTACHMENT “B” CONSULTANT WORK ORDER – CITY DELIVERABLES On-Call Traffic Engineering Technical Support Mead & Hunt 21-0035-EN City of Clearwater Consultant Work Order – City Deliverables Page 2 of 2 Revised: 8/3/2021 Final design plans will not be prepared under this task. Only concept plans may be required. If so, those plans will be produced digitally using a 24" x 36" plan format at a scale of 1" = 20’ unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format. Technical reports will be delivered digitally and in paper copies, if required. Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: LUP2022-02002 Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.1 SUBJECT/RECOMMENDATION: Approve a Land Use Plan Amendment to change the Future Land Use Map designation from Institutional (I) to Residential Urban (RU) for the property located at 609 Blanche B. Littlejohn Trail and pass Ordinance 9556-22 on first reading. (LUP2022-02002) SUMMARY: This Land Use Plan Amendment involves a 0.275-acre vacant property located on the east side of Blanche B. Littlejohn Trail approximately 115 feet south of Eldridge Street. The parcel, owned by the City of Clearwater, is currently vacant; however, the property was previously occupied by a single-family detached dwelling that was demolished in June of 2018. This application is being initiated by the City as a part of an agreement with Habitat for Humanity to sell several contiguous parcels including the subject property to develop workforce housing. Following the Future Land Use Plan Amendment, the parcel’s designation will be consistent with the other three parcels being sold. Ownership of this parcel will be transferred to Habitat for Humanity upon the future land use amendment’s effective date. The request is to change the Future Land Use Map designation of the property from Institutional (I) to Residential Urban (RU). The proposed future land use designation of Residential Urban (RU) is compatible with the surrounding uses which includes single-family and multi-family residential, commercial, and institutional uses that exist in the vicinity of the subject property. A request to rezone the property from the Institutional (I) District to the Low Medium Density Residential (LMDR) District is being processed concurrently with this case (see REZ2022- 02002). An amendment to the Countywide Plan Map will also be required to bring consistency between the city’s Future Land Use Map and the Countywide Plan Map. The applicant understands all necessary approvals and permits must be obtained before development of the subject site occurs. The Planning and Development Department determined that the proposed Land Use Plan amendment is consistent with the Clearwater Comprehensive Plan and Community Development Code as specified below: ·The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. ·The amendment is not inconsistent with other provisions of the Comprehensive Plan. ·The available uses, if applicable, to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. ·Sufficient public facilities are available to serve the subject property. Page 1 City of Clearwater Printed on 4/27/2022 File Number: LUP2022-02002 ·The amendment will not adversely affect the natural environment. ·The amendment will not adversely impact the use of properties in the immediate area. The Community Development Board reviewed this application at its public hearing on April 19, 2022, and unanimously recommended approval. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 4/27/2022 Ordinance No. 9556-22 ORDINANCE NO. 9556-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF BLANCHE B LITTLEJOHN TRAIL APPROXIMATELY 115 FEET SOUTH OF ELDRIDGE STREET, WHOSE POST OFFICE ADDRESS IS 609 BLANCHE B LITTLEJOHN TRAIL, CLEARWATER, FLORIDA 33755, FROM INSTITUTIONAL (I), TO RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, as follows: Properties Land Use Category See attached Exhibit “A” for legal description; From: INSTITUTIONAL (I) To: RESIDENTIAL URBAN (RU) (LUP2022-02002) The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s Comprehensive Plan. Section 3. This ordinance shall take effect contingent upon approval of the County land use designation by the Pinellas County Board of Commissioners, where applicable, and thirty-one (31) days post-adoption. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the County land use designation by the Pinellas County Board of Commissioners and upon issuance of a final order determining this amendment to be in compliance either by the Department of Economic Opportunity (DEO) or the Administration Commission, where applicable, pursuant to section 163.3187, Florida Statutes. The Community Development Coordinator is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council, an Ordinance No. 9556-22 application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED 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 LUP/REZ2022-02002 ========================================================================================= No. Parcel ID Lot No. Address 1. 09-29-15-08622-000-0500 Lots 50 & 51 609 Blanche B Littlejohn Trail The above in G.L. BIDWELLS OAKWOOD ADDITION TO CLEARWATER, as recorded in PLAT BOOK 1, PAGE 46, of the Public Records of Pinellas County, Florida. Exhibit “B” 3742274052651787714808622 2 3 1 2 2 18 17 16 15 6 5 4 3 2 1 3 2 42 41 40 39 38 37 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 9 10 11 12 13 14 15 16 17 18 19 20 21 1 2 3 4 6 5 1 2 3 4 1 41/07 41/08 323000 9 10 12 11 10 9 8 7 1 2 3 4 5 6 8 7 6 5 1 2 3 4 8 46 7 45 44 43 42 41 6 5 1 2 3 4 5 6 1 691 506 706 605 700642 606 408 675 711 609 658 504 508 706 709 710703 600 502 608708601 602 607803659 604705600606 515 804612711510 604 611 605 707 805705 607 609 607703 717 609 ½ 601 703 704 600 ½610612627 643 777CG RU RUCG RMI CG CBD CBD CBDCBDCBDCBDCBD CBD CG I RU RU RU I RU BLANCHEBLITTLEJOHNTRLSEMINOLE ST N MYRTLE AVEELDRIDGE ST MAPLE STSPRUCE AVEALDEN AVE-Not to Scale--Not a Survey-Rev. 2/7/2022 PROPOSED FUTURE LAND USES MAP Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: April 19, 2022 AGENDA ITEM: F.3. CASE: LUP2022-02002 REQUEST: To amend the Future Land Use Map designation from Institutional (I) to Residential Urban (RU) GENERAL DATA: Owner.............................. City of Clearwater Representative................. Jon Jennings, City Manager Location .......................... 609 Blanche B. Littlejohn Trail, located on the east side of Blanche B. Littlejohn Trail approximately 115 feet south of Eldridge Street Property Size ................... 0.275 acres Background: This case involves a 0.275-acre vacant property located on the east side of Blanche B. Littlejohn Trail approximately 115 feet south of Eldridge Street. The parcel, owned by the City of Clearwater, is currently vacant; however, the property was previously occupied by a single-family detached dwelling that was demolished in June of 2018. This application is being initiated by the City as a part of an agreement with Habitat for Humanity to sell several contiguous parcels including the subject property to develop workforce housing. Following the future land use amendment, the parcel’s designation will be consistent with the other three parcels being sold. Ownership of this parcel will be transferred to Habitat for Humanity upon the future land use amendment’s effective date. The request is to change the Future Land Use Map designation of the property from Institutional (I) to Residential Urban (RU). A request to rezone the property from the Institutional (I) District to the Low Medium Density Residential (LMDR) District is being processed concurrently with this case (see REZ2022- 02002). Detached dwellings are not a listed permitted use in the Institutional (I) District and would require submission of a Comprehensive Infill Redevelopment application. The proposed amendment would allow for the property to be developed with the intended detached dwellings, and future owners would have clarity of residential standards. An amendment to the Countywide Plan Map will also be required to bring consistency between the city’s Future Land Use Map and the Countywide Plan Map. The applicant understands all necessary approvals and permits must be obtained before development of the subject site occurs. Community Development Board – April 19, 2022 LUP2022-02002 - Page 2 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 1 Map 2 Map 3 shows the existing surrounding uses. To the west across Blanche B. Littlejohn Trail are residential uses including detached and attached (multi-family) dwellings, to the north a detached dwelling is being constructed, and to the east is a place of worship. To the south there are three vacant parcels that are also being sold to Habitat for Humanity and will be developed with three single family detached dwellings. Map 3 Community Development Board – April 19, 2022 LUP2022-02002 - Page 3 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the abutting future land use designations are Residential Urban (RU) to the north and south, and Institutional (I) to the east. Central Business District (CBD) exists across Blanche B. Littlejohn Trail and farther south across Maple Street, and to the north, across Eldridge Street, is a mix of Commercial General (CG), Residential Urban (RU) and Institutional (I). Map 4 A comparison between the uses, densities and intensities allowed by the present and proposed Future Land Use Map designations appears in Table 1, along with the consistent zoning districts. Table 1. Uses, Densities and Intensities Allowed by Present and Proposed Future Land Use Designations Present FLUM Designation Institutional (I) Requested FLUM Designation Residential Urban (RU) Primary Uses: Public/Private Schools; Churches; Public Offices; Hospitals; Residential Equivalent Urban Low Density Residential; Residential Equivalent Maximum Density: 12.5 Dwelling Units Per Acre 7.5 Dwelling Units Per Acre Maximum Intensity: FAR 0.65; ISR 0.85 FAR 0.40; ISR 0.65 Consistent Zoning Districts: Institutional (I) Low Medium Density Residential (LMDR); Medium Density Residential (MDR) Community Development Board – April 19, 2022 LUP2022-02002 - Page 4 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan [Sections 4-603.F.1 and 4-603.F.2] Recommended Findings of Fact: Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Goal A.4 The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. Policy C.1.2.6 The City shall identify vacant and underutilized city-owned property that may be deemed surplus property and make it available for the development of affordable housing. Policy C.1.4.4 Maintain residential zoning districts in a variety of densities and locations in order to accommodate more affordable small lots, small and medium size apartments, and mobile homes. The proposed Residential Urban (RU) future land use designation is compatible with the surrounding single- and multi-family residential uses, as well as the place of worship located in the same block. The City has entered into an agreement to sell this vacant property to Habitat for Humanity to develop workforce housing on the property; however, no site plan application has been submitted at this time. The current Institutional (I) designation does not allow for residential uses by right through the consistent Institutional (I) zoning district, whereas after this amendment new detached dwellings (up to two units) may be constructed consistent with the Low Medium Density Residential (LMDR) District (concurrent case REZ2022-02002). Overall, the intensity of development allowed will be less than what is permitted by the current Institutional (I) future land use designation and will be equal or similar to the parcels to the north and south, as well as to the west. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated above. Community Development Board – April 19, 2022 LUP2022-02002 - Page 5 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Consistency with the Countywide Rules Recommended Findings of Fact: The underlying Countywide Plan Map category on the proposed amendment area is Public/Semi-Public (P/SP). The proposed amendment area is bounded by Residential Low Medium (RLM) to the north and south, Public/Semi-Public (P/SP) to the east, Recreation/Open Space (R/OS) to the west on the Pinellas Trail and Activity Center (AC) farther west across Blanche B. Littlejohn Trail. The proposed City of Clearwater future land use designation of Residential Urban (RU) will necessitate an amendment from the Public/Semi- Public (P/SP) category to the Residential Low Medium (RLM) category to maintain consistency between the City’s Future Land Use Map and the Countywide Plan Map. Section 2.3.3.3 of the Countywide Rules states that the Residential Low Medium (RLM) category is intended to depict areas that are now developed, or appropriate to be developed, in a suburban, low density or moderately dense residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the suburban qualities, transportation facilities, including transit, and natural resources of such areas. The proposed use, as indicated by the applicant will be residential units, which is an appropriate use within the area and consistent with the existing and surrounding Countywide Plan Map categories. Recommended Conclusions of Law: The proposed Future Land Use Map amendment is consistent with the purpose of the proposed category in the Countywide Rules Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Existing surrounding uses primarily consist of single-family residential to the north and west and a place of worship to the east of the property. The parcels to the south are currently vacant but are zoned for residential use and are also in the process of being purchased by Habitat for Humanity to be developed as single-family detached dwellings. The proposed use of the subject property as residential is compatible with the surrounding properties and neighborhood. Recommended Conclusions of Law: The proposed Residential Urban (RU) future land use category would allow development that is in character with the Future Land Use Map designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Community Development Board – April 19, 2022 LUP2022-02002 - Page 6 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Sufficiency of Public Facilities [Section 4-603.F. 4] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the proposed amendment area, the maximum development potential of the property under the current and requested City Future Land Use Map designations were analyzed. Table 2. Development Potential for Existing & Proposed FLUM Designations Present FLUM Designation “I” Requested FLUM Designation “RU” Net Change Site Area 0.275 AC (11,979 SF) 0.275 AC (11,979 SF) Maximum Development Potential 0 DUs / 9 Beds1 7,786 SF 0.65 FAR 2 DUs / 0 Beds2 0 SF3 0.40 FAR +2 DUs / -9 Beds -7,786 SF -0.25 FAR Notes: 1. Residential uses are not permitted through the consistent Institutional (I) District; however, residential equivalent uses are permitted (3 beds per unit per acre). 2. Residential equivalent uses are not permitted through the consistent Low Medium Density Residential (LMDR) District. 3.FAR is not used to regulate residential uses and there are no non-residential uses permitted through the requested Low Density Residential (LMDR) District zoning; therefore, the square footage development potential is zero. Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet As shown in the table, there is an increase in residential development potential of two units. The following analysis compares the maximum potential development of the proposed Residential Urban (RU) future land use developed with two units to the maximum development potential of the existing Institutional (I) future land use category developed with a 7,786 SF nonresidential (institutional) use. Potable Water The change in development potential from this amendment would result in a decrease in potable water use of up to 301.9 gallons per day. This decrease is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of dwelling units allowed (479.1 gallons per day) and subtracting it from the potential usage of an institutional use built out at the maximum square footage permitted by the current land use designation (781 gallons per day). The City’s current potable water demand is 10.64 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 72 gallons per day per capita (2020 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Community Development Board – April 19, 2022 LUP2022-02002 - Page 7 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Wastewater The change in development potential from this amendment would result in a decrease in wastewater use of up to 320 gallons per day. This decrease is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of dwelling units allowed (383 gallons per day) and subtracting it from the potential usage of an institutional use built out at the maximum square footage permitted by the current land use designation (703 gallons per day). The subject property is served by the Marshall Street Water Reclamation Facility, which presently has excess permitted capacity estimated to be 4.82 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would increase up to 5.3 tons per year of solid waste generated. This increase is determined by taking the utilization of the proposed land use developed with the maximum number of dwelling units (12.9 tons per year) and subtracting it from the potential utilization of an institutional use built out at the maximum square footage permitted by the current land use designation (7.6 tons per year). Pinellas County handles all solid waste disposal is handled at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland Under both the existing and proposed future land use, the LOS citywide will continue to exceed the adopted LOS of 4 acres per 1,000 residents. The City is currently providing 7.89 acres of parkland per 1,000 residents. With the proposed future land use amendment, two additional units could be developed resulting in approximately five additional residents. This is calculated using the most recent ACS estimate of 2.4 persons per household within the City of Clearwater. Based on this impact analysis, the current provision of 7.89 acres of parkland per 1,000 would remain unchanged [Source: Draft Parks and Recreation Facilities Impact Fee Study, prepared by Tindale Oliver Draft Date March 18, 2020]. Amending a property’s future land use or zoning designation does not have an immediate impact on the City’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs. This future land use map amendment will have no additional impact on parkland. However, Parks and Recreation Impact Fees required to provide new recreation facilities and services will be assessed at the time of development and will be based on the maximum increase in residents. Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Community Development Board – April 19, 2022 LUP2022-02002 - Page 8 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Streets The subject property is located on the east side of Blanche B. Littlejohn Trail approximately 115 feet south of Eldridge Street. To evaluate potential impacts on streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (52 trips) is calculated based on the per acre impact for the Institutional (I) category of 192 trips/day/acre. The proposed Countywide Plan Map category of Residential Low Medium (RLM) category has an impact of 67 trips/day/acre (24 trips); therefore, the proposed amendment could result in a reduction of 28 trips per day per acre. Recommended Conclusions of Law: Based upon the findings of fact, the proposed change would decrease the demand on several public facilities including potable water, sanitary sewer, parkland, stormwater management, and streets; but would potentially see an increase in solid waste. However, this will not result in the degradation of the current levels of service for solid waste. Impact on Natural Resources [Section 4-603.F.5] Recommended Findings of Fact: No wetlands appear to be located on the subject property. The City’s codes require that development is compliant with the City’s tree preservation, landscaping and stormwater management requirements. Recommended Conclusions of Law: Based on the findings of fact, it is determined that the proposed Future Land Use Map amendment will not negatively impact natural resources on the subject property. Community Development Board – April 19, 2022 LUP2022-02002 - Page 9 of 9 Level III Comprehensive Plan Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of support unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards under to Section 4-603.F: Table 3. Consistency with Community Development Code Standards for Review CDC Section 4-603 Standard Consistent Inconsistent F.1 The amendment will further implementation of the Comprehensive Plan consistent with the goals, policies and objectives contained in the Plan. X F.2 The amendment is not inconsistent with other provisions of the Comprehensive Plan. X F.3 The available uses, if applicable, to which the properties may be put are appropriate to the properties in question and compatible with existing and planned uses in the area. X F.4 Sufficient public facilities are available to serve the properties. X F.5 The amendment will not adversely affect the natural environment. X F.6 The amendment will not adversely impact the use of properties in the immediate area. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Future Land Use Map Amendment from Institutional (I) to Residential Urban (RU). Prepared by Planning and Development Department Staff: Dylan Prins Planner ATTACHMENTS: Ordinance No. 9556-22 Resume Photographs of Site and Vicinity PLAZA ST HART ST JONES STNGARDENAVE VINE AVENFORTHARRISONAVESEMINOLE ST ELDRIDGE ST N MYRTLE AVEPENNSYLVANIA AVEPALMETTO ST GEORGIA ST BLANCHEBLITTLEJOHNTRLNICHOLSON ST MAPLE STNOSCEOLAAVECEDAR ST ALDEN AVESPRUCE AVEMETTO ST PROJECT SITE -Not to Scale--Not a Survey-Rev. 2/7/2022 LOCATION MAP Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B BBLLAANNCCHHEEBBLLIITTTTLLEEJJOOHHNNTTRRLLSEMINOLE STSEMINOLE ST N MYRTLE AVEN MYRTLE AVEELDRIDGE STELDRIDGE ST MAPLE STMAPLE STSPRUCE AVESPRUCE AVEALDEN AVEALDEN AVE-Not to Scale--Not a Survey-Rev. 2/7/2022 AERIAL PHOTOGRAPH Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B 3742274052651787714808622 2 3 1 2 2 18 17 16 15 6 5 4 3 2 1 3 2 42 41 40 39 38 37 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 9 10 11 12 13 14 15 16 17 18 19 20 21 1 2 3 4 6 5 1 2 3 4 1 41/07 41/08 323000 9 10 12 11 10 9 8 7 1 2 3 4 5 6 8 7 6 5 1 2 3 4 8 46 7 45 44 43 42 41 6 5 1 2 3 4 5 6 1 691 506 706 605 700642 606 408 675 711 609 658 504 508 706 709 710703 600 502 608708601 602 607803659 604705600606 515 804612711510 604 611 605 707 805705 607 609 607703 717 609 ½ 601 703 704 600 ½610612627 643 777BLANCHEBLITTLEJOHNTRLSEMINOLE ST N MYRTLE AVEELDRIDGE ST MAPLE STSPRUCE AVEALDEN AVE-Not to Scale--Not a Survey-Rev. 2/7/2022 EXISTING SURROUNDING USES MAP Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B Place of Worship Detached Dwellings Detached Dwellings Multi Family VacantDetached Dwelling Detached Dwelling Vacant Radio Office and Tower Parking Retail Clearwater Gas Department Commercial 3742274052651787714808622 2 3 1 2 2 18 17 16 15 6 5 4 3 2 1 3 2 42 41 40 39 38 37 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 9 10 11 12 13 14 15 16 17 18 19 20 21 1 2 3 4 6 5 1 2 3 4 1 41/07 41/08 323000 9 10 12 11 10 9 8 7 1 2 3 4 5 6 8 7 6 5 1 2 3 4 8 46 7 45 44 43 42 41 6 5 1 2 3 4 5 6 1 691 506 706 605 700642 606 408 675 711 609 658 504 508 706 709 710703 600 502 608708601 602 607803659 604705600606 515 804612711510 604 611 605 707 805705 607 609 607703 717 609 ½ 601 703 704 600 ½610612627 643 777CG RU RUCG RMI CG CBD CBD CBDCBDCBDCBDCBD CBD CG I RU RU RU I RU BLANCHEBLITTLEJOHNTRLSEMINOLE ST N MYRTLE AVEELDRIDGE ST MAPLE STSPRUCE AVEALDEN AVE-Not to Scale--Not a Survey-Rev. 2/7/2022 PROPOSED FUTURE LAND USES MAP Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B LUP/REZ2022-02002 City of Clearwater 609 Blanche B Littlejohn Trail View looking east at subject property on the Blanche B Littlejohn Trail North of the subject property South of the subject property Across the street, to the west of the subject property View looking southerly along Blanche B Littlejohn Trail View looking northerly along Blanche B Littlejohn Trail Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: REZ2022-02002 Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.2 SUBJECT/RECOMMENDATION: Approve a Zoning Atlas Amendment from the Institutional (I) District to the Low Medium Density Residential (LMDR) District for property located at 609 Blanche B. Littlejohn Trail and pass Ordinance 9557-22 on first reading. (REZ2022-02002) SUMMARY: This Zoning Atlas amendment involves a 0.275-acre vacant property located on the east side of Blanche B. Littlejohn Trail approximately 115 feet south of Eldridge Street. The parcel, owned by the City of Clearwater, is currently vacant; however, the property was previously occupied by a single-family detached dwelling that was demolished in June of 2018. This application is being initiated by the City as a part of an agreement with Habitat for Humanity to sell several contiguous parcels including the subject property to develop workforce housing. Following the Zoning Atlas Amendments effective date, the parcel’s zoning district will be consistent with the other three parcels being sold. The request is to change the property’s Zoning Atlas designation from Institutional (I) District to Low Medium Density Residential (LMDR) District. A request to amend the future land use designation of the property from the Institutional (I) to the Residential Urban (RU) is being processed concurrently with this case (see LUP2022-02002). Ownership of this parcel will be transferred to Habitat for Humanity upon the future land use amendment’s effective date. The Planning and Development Department determined that the proposed Zoning Atlas Amendment is consistent with the Clearwater Community Development Code as specified below: ·The proposed amendment is consistent with the Comprehensive Plan and the Community Development Code. ·The proposed amendment is compatible with the surrounding property and character of the neighborhood. ·The available uses in the Low Medium Density Residential (LMDR) District are compatible with the surrounding area. ·The proposed amendment will not adversely or unreasonably affect the use of other property in the area. ·The proposed amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. ·The proposed Low Medium Density Residential (LMDR) District boundaries are appropriately drawn in regard to location and classification of streets, ownership lines, existing improvements, and the natural environment. Page 1 City of Clearwater Printed on 4/27/2022 File Number: REZ2022-02002 The Community Development Board reviewed this application at its public hearing on April 19, 2022, and unanimously recommended approval. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 2 City of Clearwater Printed on 4/27/2022 Ordinance No. 9557-22 ORDINANCE NO. 9557-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF BLANCHE B LITTLEJOHN TRAIL APPROXIMATELY 115 FEET SOUTH OF ELDRIDGE STREET, WHOSE POST OFFICE ADDRESS IS 609 BLANCHE B LITTLEJOHN TRAIL, CLEARWATER, FLORIDA 33755, FROM INSTITUTIONAL (I) TO 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 the City of Clearwater, Florida, is hereby rezoned as indicated, 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 approval of the County land use designation set forth in Ordinance 9556-22 by the Pinellas County Board of County Commissioners. Property Zoning District See attached Exhibit “A” for legal description; From: Institutional (I) To: Low Medium Density Residential (LMDR) (REZ2022-02002) Ordinance No. 9557-22 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 LUP/REZ2022-02002 ========================================================================================= No. Parcel ID Lot No. Address 1. 09-29-15-08622-000-0500 Lots 50 & 51 609 Blanche B Littlejohn Trail The above in G.L. BIDWELLS OAKWOOD ADDITION TO CLEARWATER, as recorded in PLAT BOOK 1, PAGE 46, of the Public Records of Pinellas County, Florida. Exhibit “B” 3742274052651787714808622 2 3 1 2 2 18 17 16 15 6 5 4 3 2 1 3 2 42 41 40 39 38 37 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 9 10 11 12 13 14 15 16 17 18 19 20 21 1 2 3 4 6 5 1 2 3 4 1 41/07 41/08 323000 9 10 12 11 10 9 8 7 1 2 3 4 5 6 8 7 6 5 1 2 3 4 8 46 7 45 44 43 42 41 6 5 1 2 3 4 5 6 1 691 506 706 605 700642 606 408 675 711 609 658 504 508 706 709 710703 600 502 608708601 602 607803659 604705600606 515 804612711510 604 611 605 707 805705 607 609 607703 717 609 ½ 601 703 704 600 ½610612627 643 777BLANCHEBLITTLEJOHNTRLSEMINOLE ST N MYRTLE AVEELDRIDGE ST MAPLE STSPRUCE AVEALDEN AVED MDR I C I LMDR I MDR-Not to Scale--Not a Survey-Rev. 2/7/2022 PROPOSED ZONING MAP Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: April 19, 2022 AGENDA ITEM: F.1. CASE: REZ2022-02002 REQUEST: To amend the Zoning Atlas designation from the Institutional (I) District to the Low Medium Density Residential (LMDR) District. GENERAL DATA: Owner ............................. Representative................. City of Clearwater Jon Jennings, City Manager Location ......................... 609 Blanche B. Littlejohn Trail, located on the east side of Blanche B. Littlejohn Trail approximately 115 feet south of Eldridge Street Property Size................... 0.275 acres Background: This case involves a 0.275-acre vacant property located on the east side of Blanche B. Littlejohn Trail approximately 115 feet south of Eldridge Street. The parcel, owned by the City of Clearwater, is currently vacant; however, the property was previously occupied by a single-family detached dwelling that was demolished in June of 2018. This application is being initiated by the City as a part of an agreement with Habitat for Humanity to sell several contiguous parcels including the subject property to develop workforce housing. Following the future land use amendment, the parcel’s designation will be consistent with the other three parcels being sold. Ownership of this parcel will be transferred to Habitat for Humanity upon the future land use amendment’s effective date. The request is to change the property’s Zoning Atlas designation from Institutional (I) District to Low Medium Density Residential (LMDR) District. A request to amend the future land use designation of the property from the Institutional (I) to the Residential Urban (RU) is being processed concurrently with this case (see LUP2022-02002). Detached dwellings are not a listed permitted use in the Institutional (I) District and would require submission of a Comprehensive Infill Redevelopment application. The proposed amendment would allow for the property to be developed with the intended detached dwellings, and future owners would have clarity of residential standards. Community Development Board – April 19, 2022 REZ2022-02002 - Page 2 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Vicinity Characteristics: Maps 1 and 2 show the general location of the property and an aerial view of the amendment area and its surroundings. Map 1 Map 2 Map 3 shows the existing surrounding uses. To the west across Blanche B. Littlejohn Trail are residential uses including detached and attached (multi-family) dwellings, to the north a detached dwelling is being constructed, and to the east is a place of worship. To the south there are three vacant parcels that are also being sold to Habitat for Humanity and will be developed with three single-family detached dwellings. Map 3 Community Development Board – April 19, 2022 REZ2022-02002 - Page 3 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION As shown on Map 4, the abutting Zoning Districts are Low Medium Density Residential (LMDR) to the north and south, and Institutional (I) to the east. Downtown (D) exists across Blanche B. Littlejohn Trail and farther south across Maple Street, and to the north, across Eldridge Street, is a mix of Commercial (C), Medium Density Residential (MDR), and Institutional (I). Map 4 REVIEW CRITERIA: Consistency with the Clearwater Comprehensive Plan and Community Development Code and Regulations [Sections 4-602.F.1] Recommended Findings of Fact: Applicable goal, objectives and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.2 A sufficient variety and amount of future land use categories shall be provided to accommodate public demand and promote infill development. Goal A.4 The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.5.5.1 Development shall be designed to maintain and support the existing or envisioned character of the neighborhood. Community Development Board – April 19, 2022 REZ2022-02002 - Page 4 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Objective C.1.1 Assure an adequate supply of housing in Clearwater by providing for additional new dwelling units in a variety of types, costs, and locations to meet the needs of the residents of the City of Clearwater. Policy C.1.2.6 The City shall identify vacant and underutilized city-owned property that may be deemed surplus property and make it available for the development of affordable housing. Policy C.1.4.4 Maintain residential zoning districts in a variety of densities and locations in order to accommodate more affordable small lots, small and medium size apartments, and mobile homes. Applicable section of the Community Development Code which supports the proposed amendment: Division 2, Low Medium Density Residential District, Section 2-201. Intent and Purpose. The intent and purpose of the Low Medium Density Residential District ("LMDR") is to protect and preserve the integrity and value of existing, stable residential neighborhoods of low to medium density while at the same time, allowing a careful and deliberate redevelopment and revitalization of such neighborhoods in need of revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the City. The proposed Low Medium Density Residential (LMDR) District is compatible with the surrounding single- and multi-family residential uses, as well as the place of worship located in the same block. The City has entered into an agreement to sell this vacant property to Habitat for Humanity to develop workforce housing on the property; however, no site plan application has been submitted at this time. The current Institutional (I) zoning district does not allow for residential uses by right, whereas after this amendment new detached dwellings (up to two units) may be constructed consistent with the Low Medium Density Residential (LMDR) District. Overall, the intensity of development allowed will be less than what is permitted by the current Institutional (I) future land use designation and will be equal or similar to the parcels to the north and south, as well as to the west (concurrent case LUP2022-02002). In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request does not conflict with the goals, objectives, and policies of the Clearwater Comprehensive Plan and furthers said plan and the Community Development Code as indicated above. Compatibility with Surrounding Properties/Character of the City & Neighborhood [Section 4-602.F.2, 4-602.F.3 and Section 4-602.F.4] Recommended Findings of Fact: Existing surrounding uses primarily consist of single-family residential to the north and west and a place of worship to the east of the property. The parcels to the south are currently vacant but are zoned for residential use and are also in the process of being purchased by Habitat for Humanity to be developed as single-family detached dwellings. The proposed use of the subject property as residential is compatible with the surrounding properties and neighborhood. Community Development Board – April 19, 2022 REZ2022-02002 - Page 5 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Recommended Conclusions of Law: The proposed Low Medium Density Residential (LMDR) District would allow development that is in character with the Future Land Use Map designations in the area. Further, the proposal is compatible with surrounding uses and consistent with the character of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-602.F.5] Recommended Findings of Fact: Even though this is a Zoning Atlas amendment application, maximum development potential is based on the underlying future land use, so to assess the sufficiency of public facilities needed to support potential development on the proposed property, the maximum development potential under the current Future Land Use Map designation was analyzed. As shown in Table 1, due to the differences in permitted uses of the current and proposed zoning districts, the development potential of non-residential uses (based on FAR) would be reduced from a maximum potential of 7,786 square feet to zero square feet, and residential uses would increase from zero dwelling units to up to two dwelling units if the property were able to develop at the maximum permitted density (7.5 units per acre). Table 1. Development Potential for Existing FLUM Designation Present FLUM Designation “I” Requested FLUM Designation “RU” Net Change Site Area 0.275 AC (11,979 SF) 0.275 AC (11,979 SF) Maximum Development Potential 0 DUs / 9 Beds1 7,786 SF 0.65 FAR 2 DUs / 0 Beds2 0 SF3 0.40 FAR +2 DUs / -9 Beds -7,786 SF -0.25 FAR Notes: 1. Residential uses are not permitted through the consistent Institutional (I) District; however, residential equivalent uses are permitted (3 beds per unit per acre). 2. Residential equivalent uses are not permitted through the consistent Low Medium Density Residential (LMDR) District. 3.FAR is not used to regulate residential uses and there are no non-residential uses permitted through the requested Low Density Residential (LMDR) District zoning; therefore, the square footage development potential is zero. Abbreviations: FLUM – Future Land Use Map DUs – Dwelling Units AC – Acres FAR – Floor Area Ratio SF – Square feet Potable Water The change in development potential from this amendment would result in a decrease in potable water use of up to 301.9 gallons per day. This decrease is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of dwelling units allowed (479.1 gallons per day) and subtracting it from the potential usage of an institutional use built out at the maximum square footage permitted by the current land use designation (781 gallons per day). Community Development Board – April 19, 2022 REZ2022-02002 - Page 6 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The City’s current potable water demand is 10.64 million gallons per day (MGD). The City’s adopted level of service (LOS) standard for potable water service is 120 gallons per day per capita, while the actual usage is estimated at 72 gallons per day per capita (2020 Annual Water Report). The City’s 10-year Water Supply Facilities Work Plan (2016-2026 Planning Period), completed October 2017, indicates that based on the updated water demand projections and other factors, the City has adequate water supply and potable water capacity for the 10-year planning horizon. Wastewater The change in development potential from this amendment would result in a decrease in wastewater use of up to 320 gallons per day. This decrease is determined by taking the potential potable water utilization of the proposed land use developed with the maximum number of dwelling units allowed (383 gallons per day) and subtracting it from the potential usage of an institutional use built out at the maximum square footage permitted by the current land use designation (703 gallons per day). The subject property is served by the Marshall Street Water Reclamation Facility, which presently has excess permitted capacity estimated to be 4.82 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Solid Waste The change in development potential from this amendment would increase up to 5.3 tons per year of solid waste generated. This increase is determined by taking the utilization of the proposed land use developed with the maximum number of dwelling units (12.9 tons per year) and subtracting it from the potential utilization of an institutional use built out at the maximum square footage permitted by the current land use designation (7.6 tons per year). Pinellas County handles all solid waste disposal is handled at the Pinellas County Waste-to-Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full- service citywide recycling program which diverts waste from the landfill, helping to extend the lifespan of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland Under both the existing and proposed future land use, the LOS citywide will continue to exceed the adopted LOS of 4 acres per 1,000 residents. The City is currently providing 7.89 acres of parkland per 1,000 residents. With the proposed future land use amendment, two additional units could be developed resulting in approximately five additional residents. This is calculated using the most recent ACS estimate of 2.4 persons per household within the City of Clearwater. Based on this impact analysis, the current provision of 7.89 acres of parkland per 1,000 would remain unchanged [Source: Draft Parks and Recreation Facilities Impact Fee Study, prepared by Tindale Oliver Draft Date March 18, 2020]. Amending a property’s future land use or zoning designation does not have an immediate impact on the City’s Parks and Recreation system and parkland requirements. Impacts are felt when development occurs. This future land use map amendment will have no additional impact on parkland. However, Parks and Recreation Impact Fees required to provide new recreation facilities and services will be assessed at the time of development and will be based on the maximum increase in residents. Community Development Board – April 19, 2022 REZ2022-02002 - Page 7 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Stormwater Site plan approval will be required before the property can be redeveloped. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Streets The subject property is located on the east side of Blanche B. Littlejohn Trail approximately 115 feet south of Eldridge Street. To evaluate potential impacts on streets, the typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the corresponding Countywide Plan Map categories (current and proposed) are compared. The current number of trips per day (52 trips) is calculated based on the per acre impact for the Institutional (I) category of 192 trips/day/acre. The proposed Countywide Plan Map category of Residential Low Medium (RLM) category has an impact of 67 trips/day/acre (24 trips); therefore, the proposed amendment could result in a reduction of 28 trips per day per acre. Recommended Conclusions of Law: Based upon the findings of fact, the proposed change would decrease the demand on several public facilities including potable water, sanitary sewer, parkland, stormwater management, and streets; but would potentially see an increase in solid waste. However, this will not result in the degradation of the current levels of service for solid waste. Location of District Boundaries [Section 4-602.F.6] Recommended Findings of Fact: The location of the proposed Low Medium Density Residential (LMDR) District is logical and consistent with the boundaries of the subject property. Recommended Conclusions of Law: The District boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. Community Development Board – April 19, 2022 REZ2022-02002 - Page 8 of 8 Level III Zoning Atlas Amendment Review PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION SUMMARY AND RECOMMENDATION: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards under Section 4-602.F: Table 2. Consistency with Community Development Code Standards for Review CDC Section 4-602 Standard Consistent Inconsistent F.1 The proposed amendment is consistent with and features the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. X F.2 The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. X F.3 The amendment does not conflict with the needs and character of the neighborhood and the city. X F.4 The amendment will not adversely or unreasonably affect the use of other property in the area. X F.5 The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in a unreasonably or disproportionate manner. X F.6 The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lanes, existing improvements and the natural environment. X Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Zoning Atlas Amendment from the Institutional (I) District to the Low Medium Density Residential (LMDR) District. Prepared by Planning and Development Department Staff: ________ Dylan Prins Planner ATTACHMENTS: Ordinance No. 9557-22 Resume Photographs of Site and Vicinity PLAZA ST HART ST JONES STNGARDENAVE VINE AVENFORTHARRISONAVESEMINOLE ST ELDRIDGE ST N MYRTLE AVEPENNSYLVANIA AVEPALMETTO ST GEORGIA ST BLANCHEBLITTLEJOHNTRLNICHOLSON ST MAPLE STNOSCEOLAAVECEDAR ST ALDEN AVESPRUCE AVEMETTO ST PROJECT SITE -Not to Scale--Not a Survey-Rev. 2/7/2022 LOCATION MAP Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B BBLLAANNCCHHEEBBLLIITTTTLLEEJJOOHHNNTTRRLLSEMINOLE STSEMINOLE ST N MYRTLE AVEN MYRTLE AVEELDRIDGE STELDRIDGE ST MAPLE STMAPLE STSPRUCE AVESPRUCE AVEALDEN AVEALDEN AVE-Not to Scale--Not a Survey-Rev. 2/7/2022 AERIAL PHOTOGRAPH Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B 3742274052651787714808622 2 3 1 2 2 18 17 16 15 6 5 4 3 2 1 3 2 42 41 40 39 38 37 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 9 10 11 12 13 14 15 16 17 18 19 20 21 1 2 3 4 6 5 1 2 3 4 1 41/07 41/08 323000 9 10 12 11 10 9 8 7 1 2 3 4 5 6 8 7 6 5 1 2 3 4 8 46 7 45 44 43 42 41 6 5 1 2 3 4 5 6 1 691 506 706 605 700642 606 408 675 711 609 658 504 508 706 709 710703 600 502 608708601 602 607803659 604705600606 515 804612711510 604 611 605 707 805705 607 609 607703 717 609 ½ 601 703 704 600 ½610612627 643 777BLANCHEBLITTLEJOHNTRLSEMINOLE ST N MYRTLE AVEELDRIDGE ST MAPLE STSPRUCE AVEALDEN AVE-Not to Scale--Not a Survey-Rev. 2/7/2022 EXISTING SURROUNDING USES MAP Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B Place of Worship Detached Dwellings Detached Dwellings Multi Family VacantDetached Dwelling Detached Dwelling Vacant Radio Office and Tower Parking Retail Clearwater Gas Department Commercial 3742274052651787714808622 2 3 1 2 2 18 17 16 15 6 5 4 3 2 1 3 2 42 41 40 39 38 37 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 9 10 11 12 13 14 15 16 17 18 19 20 21 1 2 3 4 6 5 1 2 3 4 1 41/07 41/08 323000 9 10 12 11 10 9 8 7 1 2 3 4 5 6 8 7 6 5 1 2 3 4 8 46 7 45 44 43 42 41 6 5 1 2 3 4 5 6 1 691 506 706 605 700642 606 408 675 711 609 658 504 508 706 709 710703 600 502 608708601 602 607803659 604705600606 515 804612711510 604 611 605 707 805705 607 609 607703 717 609 ½ 601 703 704 600 ½610612627 643 777BLANCHEBLITTLEJOHNTRLSEMINOLE ST N MYRTLE AVEELDRIDGE ST MAPLE STSPRUCE AVEALDEN AVED MDR I C I LMDR I MDR-Not to Scale--Not a Survey-Rev. 2/7/2022 PROPOSED ZONING MAP Owner(s): City of Clearwater Case: LUP2022-02002 REZ2022-02002 Site: 609 Blanche B Littlejohn Trail Property Size(Acres): .275 Land Use Zoning PIN: 09-29-15-08622-000-0500 From: Institutional (I) Institutional (I) To: Residential Urban (RU) Low Medium Density Residential (LMDR) Atlas Page: 277B LUP/REZ2022-02002 City of Clearwater 609 Blanche B Littlejohn Trail View looking east at subject property on the Blanche B Littlejohn Trail North of the subject property South of the subject property Across the street, to the west of the subject property View looking southerly along Blanche B Littlejohn Trail View looking northerly along Blanche B Littlejohn Trail Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ANX2021-12020c Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: Planning CaseIn Control: Planning & Development Agenda Number: 7.3 SUBJECT/RECOMMENDATION: Approve the annexation, initial Future Land Use Map designation of US 19-Neighborhood Center (US 19-NC) and initial Zoning Atlas designation of US 19 for two unaddressed parcels along US Highway 19 North, and pass Ordinances 9561-22, 9562-22, and 9563-22 on first reading. (ANX2021-12020) SUMMARY: This voluntary annexation petition involves 6.16 acres of property consisting of two parcels of undeveloped land that are occupied by two existing billboards. The property is located on the east side of US Highway 19 North approximately 1,170 feet south of Sunset Point Road. One billboard is located towards the northwest corner of the site, approximately 125 feet south of the northern property line, and the other billboard is located at the southwest corner of the site, approximately 35 feet north of the southern property line. Based upon a review of historic aerials, the northern billboard appears to have been constructed around 1967-1968 and the southern one likely sometime between 1975-1979. The applicant is requesting annexation in order to receive sanitary sewer and solid waste service from the City upon site development. The applicant has entered into a proposed annexation agreement pursuant to Section 4-604 of the City of Clearwater Community Development Code to facilitate the voluntary annexation of the property which sets forth three key covenants related to the cooperation between the city, owner, and developer in the redevelopment of the property: acceptance of two existing billboards as nonconforming structures for a specific time period; the provision of sanitary sewer service and solid waste service; and the application of in-city rate for recreation programming. The property is located in an enclave and are contiguous to existing city boundaries in at least one direction. It is proposed that the property be assigned a Future Land Use Map designation of US 19-Neighborhood Center (US 19-NC) and a Zoning Atlas designation of US 19. The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E which establish the standards for annexation as follows: ·Upon development of the property, water service will be provided by Pinellas County, and sanitary sewer service will be provided by the City of Clearwater; however, easements will likely be needed to extend sewer service from South Drive or Carlton Drive. The applicant is aware that the City's sewer impact and assessment fees must be paid in full prior to connection and of the additional costs to extend City sewer service to the 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 Page 1 City of Clearwater Printed on 4/27/2022 File Number: ANX2021-12020c administered through the district headquarters located at 2851 McMullen Booth Road. Fire and emergency medical services will be provided to the property by Station #48 located at 1700 North Belcher Road. The City has adequate capacity to serve the property with sanitary sewer, solid waste, police, fire and EMS service. The property will receive water service from Pinellas County. ·The proposed annexation is consistent with and promotes the following objectives and policy of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the City’s tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.5 Unincorporated property within the Clearwater Planning Area located within the US 19 Corridor redevelopment area shall be designated through an amendment to the Future Land Use Map with the appropriate future land use category upon annexation, consistent with the US 19 Regional Center, US 19 Neighborhood Center and US 19 Corridor future boundaries depicted on Map A-17. Consistent with Map A-17, US 19 Corridor Redevelopment Plan Area of the Comprehensive Plan, the US 19-Neighborhood Center shall be applied to the property which primarily permits a mix of uses at a floor area ratio (FAR) of 1.5. The proposed zoning district to be assigned to the property is the US 19 District. Pursuant to Community Development Code Section B-803.B the proposed US 19-Neighborhood Center (US 19-NC) Future Land Use Map category assigned to the property upon annexation will require an amendment to the Countywide Plan Map from Retail & Services (R&S) to Activity Center (AC) to remain consistent. ·As indicated above, two billboards are currently located on the site. Community Development Code Section 3-1804.C prohibits billboards and no new billboards can be erected on the property. Applicable Objectives and Policies of the Comprehensive Plan are as follows: Objective A.3.1 All signage within the City of Clearwater shall be consistent with the Clearwater sign code, as found within the Community Development Code, and all proposed signs shall be evaluated to determine their effectiveness in reducing visual clutter and in enhancing the safety and attractiveness of the streetscape. Policy A.3.1.2 Proliferation of billboards along major collector and arterial streets shall be prevented as is currently provided. To ensure consistency with the Clearwater Comprehensive Plan and the Community Development Code, the billboards will enter the city as a temporary nonconforming use . The proposed annexation agreement requires the two nonconforming billboards to be removed from the property by January 1, 2025. Until the billboards are removed, they will be governed by the proposed annexation agreement and Article 6 of the Community Page 2 City of Clearwater Printed on 4/27/2022 File Number: ANX2021-12020c Development Code which contains the city’s nonconformity provisions. These provisions will only permit the normal repair and maintenance of the signs and will prohibit any changes being made to the signs that would increase the nonconformity such as changes in materials, increases in height or width, etc. Further, in the event the signs are damaged or destroyed beyond 50% of their value, the signs cannot be repaired or rebuilt and will need to be removed. The annexation agreement also provides for the termporary relocation of the existing signs to another area of the property. ·The property proposed for annexation are contiguous to existing city boundaries in at least one direction; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. APPROPRIATION CODE AND AMOUNT: N/A USE OF RESERVE FUNDS: N/A Page 3 City of Clearwater Printed on 4/27/2022 Ordinance No. 9561-22 ORDINANCE NO. 9561-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN UNADDRESSED REAL PROPERTIES LOCATED ON THE EAST SIDE OF US HIGHWAY 19 NORTH APPROXIMATELY 1,170 FEET SOUTH OF SUNSET POINT ROAD, ALL IN CLEARWATER, FLORIDA 33759 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the real properties described herein and depicted on the map attached hereto as Exhibit “B” have petitioned the City of Clearwater to annex the properties into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties are hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See attached Exhibit “A” for legal descriptions; (ANX2021-12020) 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. 9561-22 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 ANX2021-12020 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 05-29-16-00000-320-0200 0 U.S. Highway 19 N. Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East and run thence S 1° 08' 45" W. along the Section line 228.08 feet; thence S 88° 34' 39" E., 100. 0 feet; thence S 1° 08' 45" W., 33.0 feet; thence S 88° 34' 39" E., 16.0 feet for P.O.B.; thence S 88° 34' 39" E., along the Southerly boundary of County Road #50, 300.0 feet to the NW corner of Carlton Terrace as recorded in Plat Book 41, Page 16 of the public records of Pinellas County, Florida; thence S 1° 08' 45" W., along the Westerly boundary of said Carlton Terrace 1063.82 feet to the Southwest corner of said Carlton Terrace; thence N 89° 40' 43" W., along the 40-acre line 300.0 feet; thence N 1° 08' 45" E., along the Easterly boundary of U.S. Highway #19, 1009.59 feet; thence N 16° 05' 38" E., 62.01 feet to the P.O.B.; Less the South 419.0 feet thereof and LESS the following described tract: Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East, and run thence S. 1° 08' 45" W. along the section line 228.08 ft.; thence S. 88° 34' 39" E, 100.0 feet; thence S. 1° 08' 45" W., 33.0 feet; thence S. 88° 34' 39" E., 16.0 feet for P.O.B.; thence S. 88° 34' 39" E., 254.0 feet; thence S. 1° 08' 45" W., 170.0 feet; thence N. 88° 34' 39" W., 270.0 feet; thence N. 1° 08' 45" E., 110.0 feet; thence N. 16° 05' 38" E., 62.01 feet to P.O.B. No. Parcel ID Lot No., Block No. Address 2. 05-29-16-00000-320-0300 0 U.S. Highway 19 N. The South Four Hundred Nineteen feet (S. 419’) of the West Four Hundred feet (W. 400’) of the Northwest One-quarter (N.W. ¼) of the Southwest One-Quarter (S.W. ¼) of Section 5, Township 29 South, Range 16 East, LESS the West One Hundred feet (W. 100’) for road right-of-way, situated on U.S. Highway 19 North. Exhibit “B” PROPOSED ANNEXATION Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 W US-19 FRONTAGE RDEUS-19FRONTAGERDSOUTH DR MORNINGSIDE DR WOODRING DR CARLTON DRUS Hwy 19 N23582 1800 2640 236## 1824 1813 1830 1866 1778263123894 235##26431807 2618 186523837 263423509 1804 1806 1837 1831 23902 1801 26411825 1860 262523499 2622642239## 1824 2636 1836 1774 23886 23894 1830 26351812 1848 23610 1819 1842 1818 1854 1836 2612 23660181223656263426451818 1806 1800 2648237## 238##26372365423894 -Not to Scale--Not a Survey-Rev. 1/21/2022 Ordinance No. 9562-22 ORDINANCE NO. 9562-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN UNADDRESSED REAL PROPERTIES LOCATED ON THE EAST SIDE OF US HIGHWAY 19 NORTH APPROXIMATELY 1,170 FEET SOUTH OF SUNSET POINT ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS US 19-NEIGHBORHOOD CENTER (US 19-NC); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described properties, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit “A” for legal descriptions; US 19 Neighborhood Center (US 19- NC) (ANX2021-12020) 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 subject to the City’s adoption of Ordinance 9561-22 and contingent upon approval of the Countywide Plan land use designation by the Pinellas County Board of Commissioners, where applicable, thirty-one (31) days post-adoption, pursuant to Section 163.3187, Florida Statutes. If this ordinance is appealed within thirty (30) days after adoption, then this ordinance will take effect only after approval of the Countywide Plan land use designation by the Pinellas County Board of Commissioners and upon issuance of a final order determining this amendment to be in compliance either by the Department of Economic Opportunity (DEO) or the Administration Commission, where applicable, pursuant to section 163.3187, Florida Statutes. The Community Development Coordinator is authorized to transmit to Forward Pinellas, in its role as the Pinellas Planning Council, an application to amend the Ordinance No. 9562-22 Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City’s Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED 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 ANX2021-12020 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 05-29-16-00000-320-0200 0 U.S. Highway 19 N. Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East and run thence S 1° 08' 45" W. along the Section line 228.08 feet; thence S 88° 34' 39" E., 100. 0 feet; thence S 1° 08' 45" W., 33.0 feet; thence S 88° 34' 39" E., 16.0 feet for P.O.B.; thence S 88° 34' 39" E., along the Southerly boundary of County Road #50, 300.0 feet to the NW corner of Carlton Terrace as recorded in Plat Book 41, Page 16 of the public records of Pinellas County, Florida; thence S 1° 08' 45" W., along the Westerly boundary of said Carlton Terrace 1063.82 feet to the Southwest corner of said Carlton Terrace; thence N 89° 40' 43" W., along the 40-acre line 300.0 feet; thence N 1° 08' 45" E., along the Easterly boundary of U.S. Highway #19, 1009.59 feet; thence N 16° 05' 38" E., 62.01 feet to the P.O.B.; Less the South 419.0 feet thereof and LESS the following described tract: Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East, and run thence S. 1° 08' 45" W. along the section line 228.08 ft.; thence S. 88° 34' 39" E, 100.0 feet; thence S. 1° 08' 45" W., 33.0 feet; thence S. 88° 34' 39" E., 16.0 feet for P.O.B.; thence S. 88° 34' 39" E., 254.0 feet; thence S. 1° 08' 45" W., 170.0 feet; thence N. 88° 34' 39" W., 270.0 feet; thence N. 1° 08' 45" E., 110.0 feet; thence N. 16° 05' 38" E., 62.01 feet to P.O.B. No. Parcel ID Lot No., Block No. Address 2. 05-29-16-00000-320-0300 0 U.S. Highway 19 N. The South Four Hundred Nineteen feet (S. 419’) of the West Four Hundred feet (W. 400’) of the Northwest One-quarter (N.W. ¼) of the Southwest One-Quarter (S.W. ¼) of Section 5, Township 29 South, Range 16 East, LESS the West One Hundred feet (W. 100’) for road right-of-way, situated on U.S. Highway 19 North. Exhibit “B” PROPOSED FUTURE LAND USE MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : Resiential/Office/ Retail (R/O/R) CP Commercial Parkway Atlas Page: 264A To: US 19-Neighborhood Center (US 19-NC) US 19 W US-19 FRONTAGE RDEUS-19FRONTAGERDSOUTH DR MORNINGSIDE DR WOODRING DR CARLTON DRUS Hwy 19 N23582 1800 2640 236## 1824 1813 1830 1866 1778263123894 235##26431807 2618 186523837 263423509 1804 1806 1837 1831 23902 1801 26411825 1860 262523499 26226421824 2636 1836 1774 23886 1830 26351812 1848 23610 1819 1842 1818 1854 1836 2612 23660181223656263426451818 1806 1800 2648237## 238##263723654US 19-NC RLRU RL RL US 19-NC R/O/R RL US 19-NC RU US 19-NC WATER US 19-NC -Not to Scale--Not a Survey-Rev. 1/25/2022 Ordinance No. 9563-22 ORDINANCE NO. 9563-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN UNADDRESSED REAL PROPERTIES LOCATED ON THE EAST SIDE OF US HIGHWAY 19 NORTH APPROXIMATELY 1,170 FEET SOUTH OF SUNSET POINT ROAD, ALL IN CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS US 19; PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described properties located in Pinellas County, Florida, are hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance 9561-22, and subject to the approval of the land use designation set forth in Ordinance 9562-22 and the Countywide Plan land use designation approved by the Pinellas County Board of County Commissioners. Property Zoning District See attached Exhibit “A” for legal descriptions; US 19 (ANX2021-12020) Ordinance No. 9563-22 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 ANX2021-12020 ========================================================================================= No. Parcel ID Lot No., Block No. Address 1. 05-29-16-00000-320-0200 0 U.S. Highway 19 N. Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East and run thence S 1° 08' 45" W. along the Section line 228.08 feet; thence S 88° 34' 39" E., 100. 0 feet; thence S 1° 08' 45" W., 33.0 feet; thence S 88° 34' 39" E., 16.0 feet for P.O.B.; thence S 88° 34' 39" E., along the Southerly boundary of County Road #50, 300.0 feet to the NW corner of Carlton Terrace as recorded in Plat Book 41, Page 16 of the public records of Pinellas County, Florida; thence S 1° 08' 45" W., along the Westerly boundary of said Carlton Terrace 1063.82 feet to the Southwest corner of said Carlton Terrace; thence N 89° 40' 43" W., along the 40-acre line 300.0 feet; thence N 1° 08' 45" E., along the Easterly boundary of U.S. Highway #19, 1009.59 feet; thence N 16° 05' 38" E., 62.01 feet to the P.O.B.; Less the South 419.0 feet thereof and LESS the following described tract: Begin at the Northwest corner of the SW 1/4 of Section 5, Township 29 South, Range 16 East, and run thence S. 1° 08' 45" W. along the section line 228.08 ft.; thence S. 88° 34' 39" E, 100.0 feet; thence S. 1° 08' 45" W., 33.0 feet; thence S. 88° 34' 39" E., 16.0 feet for P.O.B.; thence S. 88° 34' 39" E., 254.0 feet; thence S. 1° 08' 45" W., 170.0 feet; thence N. 88° 34' 39" W., 270.0 feet; thence N. 1° 08' 45" E., 110.0 feet; thence N. 16° 05' 38" E., 62.01 feet to P.O.B. No. Parcel ID Lot No., Block No. Address 2. 05-29-16-00000-320-0300 0 U.S. Highway 19 N. The South Four Hundred Nineteen feet (S. 419’) of the West Four Hundred feet (W. 400’) of the Northwest One-quarter (N.W. ¼) of the Southwest One-Quarter (S.W. ¼) of Section 5, Township 29 South, Range 16 East, LESS the West One Hundred feet (W. 100’) for road right-of-way, situated on U.S. Highway 19 North. Exhibit “B” PROPOSED ZONING MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : Resiential/Office/ Retail (R/O/R) CP Commercial Parkway Atlas Page: 264A To: US 19-Neighborhood Center (US 19-NC) US 19 US 19 W US-19 FRONTAGE RDEUS-19FRONTAGERDSOUTH DR MORNINGSIDE DR WOODRING DR CARLTON DRUS Hwy 19 N23582 1800 2640 236## 1824 1813 1830 1866 1778263123894 235##26431807 2618 186523837 263423509 1804 1806 1837 1831 23902 1801 26411825 1860 262523499 26226421824 2636 1836 1774 23886 1830 26351812 1848 23610 1819 1842 1818 1854 1836 2612 23660181223656263426451818 1806 1800 2648237## 238##263723654US 19 LMDR LMDR LMDR LMDR LMDR LMDR P LMDR-Not to Scale--Not a Survey-Rev. 1/25/2022 LOCATION MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 AUDREY DRWOODRING DR STA G R U N B L V D SUNSET POINT RD MORNINGSIDE DRW US-19 FRONTAGE RDUS Hwy 19 NE US-19 FRONTAGE RDN TERRACE DR COACH MANPLAZADRCARLTON DRSOUTH DRLAWSON RDHARBOR CIR OWEN DRCARDINAL DR^PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/24/2022 ^ PROJECT SITE AERIAL PHOTOGRAPH Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 1865 2641W US-19 FRONTAGE RDW US-19 FRONTAGE RDEEUUSS--1199FFRROONNTTAAGGEERRDDSOUTH DRSOUTH DR MMOORRNNIINNGGSSIIDDEE DDRR WOODRING DRWOODRING DR CARLTON DRCARLTON DRUS Hwy 19 NUS Hwy 19 N-Not to Scale--Not a Survey-Rev. 1/21/2022 EXISTING SURROUNDING USES MAP Owner(s): Gilbert G. Jannelli Case: ANX2021-12020 Site: Unaddressed (0) US Highway 19 N Property Size(Acres): ROW (Acres): 6.16 Land Use Zoning PIN: 05-29-16-00000-320-0200 05-29-16-00000-320-0300 From : CP Commercial Parkway Atlas Page: 264A To: Residential/Office/ Retail (R/O/R) US 19-Neighborhood Center (US 19-NC) US 19 W US-19 FRONTAGE RDEUS-19FRONTAGERDSOUTH DR MORNINGSIDE DR WOODRING DR CARLTON DRUS Hwy 19 N23582 1800 2640 236## 1824 1813 1830 1866 1778263123894 235##26431807 2618 186523837 263423509 1804 1806 1837 1831 23902 1801 26411825 1860 262523499 2622642239## 1824 2636 1836 1774 23886 23894 1830 26351812 1848 23610 1819 1842 1818 1854 1836 2612 23660181223656263426451818 1806 1800 2648237## 238##26372365423894 -Not to Scale--Not a Survey-Rev. 1/21/2022 Retail Plaza Automobile Sales Vacant Stormwater Ponds Detached Dwellings ANX2021-12020 Gilbert G. Jannelli Unaddressed US Highway 19 North View looking east at the northern unaddressed property South of the northern subject property North of the northern subject property Across the street, to the west of the northern subject property View looking northerly along US Highway 19 North View looking southerly along US Highway 19 North ANX2021-12020 Gilbert G. Jannelli Unaddressed US Highway 19 North View looking east at the southern unaddressed property South of the northern subject property North of the southern subject property Across the street, to the west of the northern subject property View looking northerly along US Highway 19 North View looking southerly along US Highway 19 North Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0273 Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Marine & Aviation Agenda Number: 8.1 SUBJECT/RECOMMENDATION: Approve the Amendment of Commercial Slip License Agreement for the Clearwater Marine Aquarium, Inc. (CMA) Island Estates (IE) Slips and authorize the appropriate officials to execute same. (consent) SUMMARY: The City and Clearwater Marine Aquarium, Inc. (CMA) entered into a commercial slip license agreement on May 24, 2021 for rental of Island Estates (IE) dock slips. In exchange for the rental of dock slips, CMA agreed to implement a series of capital docking facility improvements totaling $137,000 for the first 5-year term of the Agreement and $113,000 for the renewal 5-year term of the Agreement. The Agreement included a schedule under Section 3 that indicated how and where the capital docking facility improvement funds were to be spent each year over the course of a ten-year period in total. The City and CMA wish to amend Section 3 of the Agreement to provide greater flexibility as to how funds are to be spent by CMA each year during the initial and renewal terms of the Agreement, implement expenditure reporting requirements, and include new termination language for the Agreement. Page 1 City of Clearwater Printed on 4/27/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0183 Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Public Utilities Agenda Number: 9.1 SUBJECT/RECOMMENDATION: Authorize a purchase order to Xylem, Inc. of Apopka, FL, for the purchase of Flygt Pumps, replacement parts, and factory authorized service, in an annual not-to-exceed amount of $500,000.00 for the period of June 1, 2022 through May 31, 2023 with the option of two, one-year renewals pursuant to Clearwater Code of Ordinances Section 2.563(1)(d), Non-competitive purchases (impractical), and authorize the appropriate officials to execute same. (consent) SUMMARY: Flygt Pumps are standardized in the City’s wastewater facilities, lift stations, submerged internal recycle, and backwash pumping applications due to reliability of the pumps and to facilitate operational and maintenance efficiency. Standardization of pumping equipment reduces redesign/retrofit of the piping systems and overall down time, which is critical to maintaining regulatory compliance. Standardization also reduces the required stocking of parts, replacement pumps, and the cost of maintenance operations. In accordance with city code Section 2.563 (1)(d), Exceptions to Bidding, Xylem is the only authorized vendor for Flygt Pumps, replacement parts and factory authorized service. Xylem is offering the City of Clearwater a 9.5% discount through calendar year 2022. APPROPRIATION CODE AND AMOUNT: Budgeted funds are available in Public Utilities operating cost centers 550400 Operating Supplies & Materials to cover the cost of the contract for FY22. Funding for future fiscal years (FY23 through FY25) will be requested within contract calendar and spending limits. Page 1 City of Clearwater Printed on 4/27/2022 Xylem Water Solutions USA Inc. 2152 Sprint Blvd. Apopka Florida 32703 Phone: 407-880-2900  Fax: 407-880-2962                                                                         Sherry Ryder                                                                                                                                     January 20, 2022  Accountant   City Of Clearwater Public Utilities  1650 N. Arcturas Ave. Bldg.C   Clearwater FL, 33765‐1945          Sherry,    Please be advised that Xylem Water Solutions USA Inc. is the only authorized vendor for *Flygt Products and is the only authorized service repair and warranty organization in the State of Florida; (East of the Apalachicola River). Their staff is properly trained to provide you the best service available. Thank you for your interest in Flygt Products. Do not hesitate to call me if you have any questions regarding distribution or any other matter.         Thomas J Osborne Customer Support Coordinator Xylem Water Solutions USA Inc. Flygt Products *Flygt Products include submersible pumps, mixers, valves, Syracuse safe hatch access covers, well washer and controls (to include, but not limited to, APP series, MultiSmart, MTxPC, MyConnect, & SmartRun). Xylem Water Solutions USA Inc. / Flygt Products 2152 Sprint Blvd. Apopka, Florida 32703 Phone: 407-880-2900 • Fax: 407-880-2962 Page 1 of 1 To: City of Clearwater Attn: Mike Gilliam, Kervin St. Amie Date: January 21, 2022 Subject: Flygt Pricing 2022 Quote Number: BPO Dear Sirs, Xylem Water Solutions will continue to provide a 9.5% discount off the annually published Xylem/Flygt price list through calendar year 2022. If you have any questions or require additional information, please let me know. Regards, Steve Dennis Xylem Water Solutions USA, Inc. 321 231 8577 cell 407 880 2900 office Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0317 Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 10.1 SUBJECT/RECOMMENDATION: Reappoint Jerri Menaul to the Public Art and Design Board, as the active professional artist representative, with a term to expire April 7, 2026. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Public Art and Design Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater resident except for the Clearwater Arts Alliance, Inc., formerly, Clearwater Arts Foundation, and the Creative Pinellas representative MEMBERS: 7 Liaison: Christopher Hubbard, Cultural Affairs Coord. CHAIR: MEETING DATE: Quarterly - January, March, June, Sep. TIME/PLACE: 2:00 PM/Chambers APPOINTMENTS NEEDED: 1 THE FOLLOWING ADVISORY BOARD MEMBER HAS A TERM EXPIRING ON APRIL 30, 2022 AND REQUIRES REAPPOINTMENT: 1. Jerri Menual - 2052 Carriage Lane, #202, 33765 - Artist, Art Business Owner Original Appointment: 1/16/14 (serving 2nd term) (Absences in last year: 1/13/22) Interest in Reappointment: Yes (Citizen) Note: No additional applicants on file. Zip codes of current members: 2 - 33755 1 - 33761 1 - 33764 2 - 33765 1 - 34653 Page 1 City of Clearwater Printed on 4/27/2022 File Number: ID#22-0317 Current Categories: 1 Artist/Art Business Owner 4 Citizens 1 Clearwater Arts Alliance, Inc. 1 Creative Pinellas Page 2 City of Clearwater Printed on 4/27/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0439 Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 10.2 SUBJECT/RECOMMENDATION: Reappoint Jason Hood and Patrick Raftery to the Parks and Recreation Advisory Board with terms to expire May 31, 2026. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Parks and Recreation Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 Chair: Mark Rodriguez MEETING DATES: Quarterly (4th Tues.) - Jan., April, July, Oct. PLACE: Main Library - 6:30 p.m. APPTS. NEEDED: 2 THE FOLLOWING ADVISORY BOARD MEMBERS HAVE TERMS THAT EXPIRE AND NOW REQUIRE REAPPOINTMENT: 1. Jason Hood - 2064 Dunston Cove Rd., 33755 Original Appointment: 7/19/18 Completed 1st term and interested in reappointment Absences: 8/24/21 2. Patrick Raftery - 3237 Master Drive, 33761 Original Appointment: 10/03/19 (appointed to serve a term to expire 5/31/22; interested in reappointment) No absences to report. Zip codes of current members on board: 1 at 33755 2 at 33761 2 at 33765 Page 1 City of Clearwater Printed on 4/27/2022 File Number: ID#22-0439 Page 2 City of Clearwater Printed on 4/27/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0437 Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: Action ItemIn Control: Official Records & Legislative Services Agenda Number: 10.3 SUBJECT/RECOMMENDATION: Appoint two members to the Parks and Recreation Advisory Board, one to fill an unexpired term through July 31, 2024 and one to fill a term through May 31, 2026. SUMMARY: APPOINTMENT WORKSHEET BOARD: Parks and Recreation Board TERM: 4 years APPOINTED BY: City Council FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 7 Chair: Mark Rodriguez MEETING DATES: Quarterly (4th Tues.) - Jan., April, July, Oct. PLACE: Main Library - 6:30 p.m. APPTS. NEEDED: 2 THE FOLLOWING ADVISORY BOARD MEMBERS HAVE RESIGNED AND NOW REQUIRE REPLACEMENT BY A NEW APPOINTEE: 1. Bruce Rector - 800 S. Gulfview Blvd., 33767 Original Appointment: 7/16/20 (appointed to serve a term to expire 7/31/24) Recently appointed to Community Development Board: 2/17/22 2. Scott Thomas - 1102 South Missouri Ave., 33756 Original Appointment: 7/16/20 (was appointed to serve a term to expire 5/31/22) Recently resigned: 01/25/22 THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1.John Devoti - 151 Marina Del Rey Ct., 33767 - Retired/Company Owner 2.Kelly S. Kelly - 1451 Sandy Lane, 33755 - Security Company Owner/Journalist 3.Angela Tisdale - 607 Marshall Street, 33755 - Business Owner Page 1 City of Clearwater Printed on 4/27/2022 File Number: ID#22-0437 Zip codes of current members on board: 1 at 33755 2 at 33761 2 at 33765 Page 2 City of Clearwater Printed on 4/27/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9549-22 2nd rdg Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 11.1 SUBJECT/RECOMMENDATION: Adopt Ordinance 9549-22 on second reading, annexing certain real property whose post office address is 3065 Cleveland St., Clearwater, Florida 33759 into the corporate boundaries of the city and redefining the boundary lines of the city to include said addition. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/27/2022 Ordinance No. 9549-22 ORDINANCE NO. 9549-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF CLEVELAND STREET APPROXIMATELY 180 FEET WEST OF N MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3065 CLEVELAND STREET, CLEARWATER, FLORIDA 33759 INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit “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; (ANX2022-01004) 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. 9549-22 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  ANX2022‐01004, 3065 Cleveland Street, 16‐29‐16‐00000‐220‐2700  The East 75 feet of the West 386.05 feet of the North 110 feet of the South one‐half of the Southeast  One Quarter of the Northwest One Quarter of the Northwest One Quarter of Section 16, Township 29  South, Range 16 East  LESS the Northerly 20 feet as Deeded to The City of Clearwater as recorded in O.R. Book 9412, page  2094, of the Public Records of Pinellas County, Florida.  Exhibit “B” PROPOSED ANNEXATION MAP Owner(s): First Baptist Church of Clearwater, Inc. Case: ANX2022-01004 Site: 3065 Cleveland Street Property Size(Acres): ROW (Acres): 0.15 Land Use Zoning PIN: 16-29-16-00000-220-2700 From : Residential Urban (RU) R-2 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 3 310731033078310130853 11 3065120 305925 310131071233087310130813076 3107116 150307530593054 3100306031063080310530653042N McMULLEN BOOTH RDS McMULLEN BOOTH RDCHERRY LN JOHNS PKWY OYSTER BAYOU WAY CLEVELAND ST -Not to Scale--Not a Survey-Rev. 1/11/2022 LOCATION MAP Owner(s): First Baptist Church of Clearwater, Inc. Case: ANX2022-01004 Site: 3065 Cleveland Street Property Size(Acres): ROW (Acres): 0.15 Land Use Zoning PIN: 16-29-16-00000-220-2700 From : Residential Urban (RU) R-2 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) N McMULLEN BOOTH RDS BAYVIEW AVEOYSTE R B AYOU WA YS McMULLEN BOOTH RDCHERRY LN K STBAY STMEADOW LARK LNKENTUCKY AVE DREW ST COLONIAL DR CHAMBLEE LN CALAIS LNCAROLINA AVE VIRGINIA AVEN BAYVIEW AVEDOWNING ST CLEVELAND ST BAY LN JOHNS PKWY ^PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/11/2022 AERIAL PHOTOGRAPH Owner(s): First Baptist Church of Clearwater, Inc. Case: ANX2022-01004 Site: 3065 Cleveland Street Property Size(Acres): ROW (Acres): 0.15 Land Use Zoning PIN: 16-29-16-00000-220-2700 From : Residential Urban (RU) R-2 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) N McMULLEN BOOTH RDN McMULLEN BOOTH RDS McMULLEN BOOTH RDS McMULLEN BOOTH RDCHERRY LNCHERRY LN COLONIAL DRCOLONIAL DR JOHNS PKWYJOHNS PKWY OYSTER BAYOU WAYOYSTER BAYOU WAY CLEVELAND STCLEVELAND ST -Not to Scale--Not a Survey-Rev. 1/11/2022 EXISTING SURROUNDING USES MAP Owner(s): First Baptist Church of Clearwater, Inc. Case: ANX2022-01004 Site: 3065 Cleveland Street Property Size(Acres): ROW (Acres): 0.15 Land Use Zoning PIN: 16-29-16-00000-220-2700 From : Residential Urban (RU) R-2 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 3 310731033078310130853 11 3065120 305925 310131071233087310130813076 3107116 150307530593054 3100306031063080310530653042N McMULLEN BOOTH RDS McMULLEN BOOTH RDCHERRY LN JOHNS PKWY OYSTER BAYOU WAY CLEVELAND ST -Not to Scale--Not a Survey-Rev. 1/11/2022 Place of Worship School Off Street Parking Institutional-Related ANX2022-01004 First Baptist Church of Clearwater, Inc. 3065 Cleveland Street View looking south at subject property 3065 Cleveland Street West of the subject property East of the subject property Across the street, to the north of the subject property View looking easterly along Cleveland Street View looking westerly along Cleveland Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9550-22 2nd rdg Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 11.2 SUBJECT/RECOMMENDATION: Adopt Ordinance 9550-22 on second reading, amending the future land use element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 3065 Cleveland St., Clearwater, Florida 33759, upon annexation into the City of Clearwater as Residential Urban (RU). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/27/2022 Ordinance No. 9550-22 ORDINANCE NO. 9550-22 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 SOUTH SIDE OF CLEVELAND STREET APPROXIMATELY 180 FEET WEST OF N MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3065 CLEVELAND STREET, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Future Land Use Element of the Comprehensive Plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Future Land Use Element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Category See attached Exhibit “A” for legal description; Residential Urban (RU) (ANX2022-01004) 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. 9549-22. Ordinance No. 9550-22 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  ANX2022‐01004, 3065 Cleveland Street, 16‐29‐16‐00000‐220‐2700  The East 75 feet of the West 386.05 feet of the North 110 feet of the South one‐half of the Southeast  One Quarter of the Northwest One Quarter of the Northwest One Quarter of Section 16, Township 29  South, Range 16 East  LESS the Northerly 20 feet as Deeded to The City of Clearwater as recorded in O.R. Book 9412, page  2094, of the Public Records of Pinellas County, Florida.  Exhibit “B” PROPOSED FUTURE LAND USE MAP Owner(s): First Baptist Church of Clearwater, Inc. Case: ANX2022-01004 Site: 3065 Cleveland Street Property Size(Acres): ROW (Acres): 0.15 Land Use Zoning PIN: 16-29-16-00000-220-2700 From : Residential Urban (RU) R-2 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 3107310330783101308511 3065120 305925 310131071233087310130813076 3107116 150307530593054 3100306031063080310530653042N McMULLEN BOOTH RDS McMULLEN BOOTH RDCHERRY LN JOHNS PKWY OYSTER BAYOU WAY CLEVELAND ST I RU RU I I RLM I I I I RU RU I I -Not to Scale--Not a Survey-Rev. 1/11/2022 LOCATION MAP Owner(s): First Baptist Church of Clearwater, Inc. Case: ANX2022-01004 Site: 3065 Cleveland Street Property Size(Acres): ROW (Acres): 0.15 Land Use Zoning PIN: 16-29-16-00000-220-2700 From : Residential Urban (RU) R-2 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) N McMULLEN BOOTH RDS BAYVIEW AVEOYSTE R B AYOU WA YS McMULLEN BOOTH RDCHERRY LN K STBAY STMEADOW LARK LNKENTUCKY AVE DREW ST COLONIAL DR CHAMBLEE LN CALAIS LNCAROLINA AVE VIRGINIA AVEN BAYVIEW AVEDOWNING ST CLEVELAND ST BAY LN JOHNS PKWY ^PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/11/2022 AERIAL PHOTOGRAPH Owner(s): First Baptist Church of Clearwater, Inc. Case: ANX2022-01004 Site: 3065 Cleveland Street Property Size(Acres): ROW (Acres): 0.15 Land Use Zoning PIN: 16-29-16-00000-220-2700 From : Residential Urban (RU) R-2 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) N McMULLEN BOOTH RDN McMULLEN BOOTH RDS McMULLEN BOOTH RDS McMULLEN BOOTH RDCHERRY LNCHERRY LN COLONIAL DRCOLONIAL DR JOHNS PKWYJOHNS PKWY OYSTER BAYOU WAYOYSTER BAYOU WAY CLEVELAND STCLEVELAND ST -Not to Scale--Not a Survey-Rev. 1/11/2022 EXISTING SURROUNDING USES MAP Owner(s): First Baptist Church of Clearwater, Inc. Case: ANX2022-01004 Site: 3065 Cleveland Street Property Size(Acres): ROW (Acres): 0.15 Land Use Zoning PIN: 16-29-16-00000-220-2700 From : Residential Urban (RU) R-2 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 3 310731033078310130853 11 3065120 305925 310131071233087310130813076 3107116 150307530593054 3100306031063080310530653042N McMULLEN BOOTH RDS McMULLEN BOOTH RDCHERRY LN JOHNS PKWY OYSTER BAYOU WAY CLEVELAND ST -Not to Scale--Not a Survey-Rev. 1/11/2022 Place of Worship School Off Street Parking Institutional-Related ANX2022-01004 First Baptist Church of Clearwater, Inc. 3065 Cleveland Street View looking south at subject property 3065 Cleveland Street West of the subject property East of the subject property Across the street, to the north of the subject property View looking easterly along Cleveland Street View looking westerly along Cleveland Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9551-22 2nd rdg Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 11.3 SUBJECT/RECOMMENDATION: Adopt Ordinance 9551-22 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 3065 Cleveland St., Clearwater, Florida 33759, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/27/2022 Ordinance No. 9551-22 ORDINANCE NO. 9551-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF CLEVELAND STREET APPROXIMATELY 180 FEET WEST OF N MCMULLEN BOOTH ROAD, WHOSE POST OFFICE ADDRESS IS 3065 CLEVELAND STREET, CLEARWATER, FLORIDA 33759, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the Zoning Atlas of the City is amended, as follows: The map attached as Exhibit “B” is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 9549-22. Property Zoning District See attached Exhibit “A” for legal description; Low Medium Density Residential (LMDR) (ANX2022-01004) Ordinance No. 9551-22 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  ANX2022‐01004, 3065 Cleveland Street, 16‐29‐16‐00000‐220‐2700  The East 75 feet of the West 386.05 feet of the North 110 feet of the South one‐half of the Southeast  One Quarter of the Northwest One Quarter of the Northwest One Quarter of Section 16, Township 29  South, Range 16 East  LESS the Northerly 20 feet as Deeded to The City of Clearwater as recorded in O.R. Book 9412, page  2094, of the Public Records of Pinellas County, Florida.  Exhibit “B” PROPOSED ZONING MAP Owner(s): First Baptist Church of Clearwater, Inc. Case: ANX2022-01004 Site: 3065 Cleveland Street Property Size(Acres): ROW (Acres): 0.15 Land Use Zoning PIN: 16-29-16-00000-220-2700 From : Residential Urban (RU) R-2 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 3107310330783101308511 3065120 305925 310131071233087310130813076 3107116 150307530593054 3100306031063080310530653042N McMULLEN BOOTH RDS McMULLEN BOOTH RDCHERRY LN JOHNS PKWY OYSTER BAYOU WAY CLEVELAND ST I MHP I LMDR LMDR LMDR LMDR -Not to Scale--Not a Survey-Rev. 1/11/2022 LOCATION MAP Owner(s): First Baptist Church of Clearwater, Inc. Case: ANX2022-01004 Site: 3065 Cleveland Street Property Size(Acres): ROW (Acres): 0.15 Land Use Zoning PIN: 16-29-16-00000-220-2700 From : Residential Urban (RU) R-2 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) N McMULLEN BOOTH RDS BAYVIEW AVEOYSTE R B AYOU WA YS McMULLEN BOOTH RDCHERRY LN K STBAY STMEADOW LARK LNKENTUCKY AVE DREW ST COLONIAL DR CHAMBLEE LN CALAIS LNCAROLINA AVE VIRGINIA AVEN BAYVIEW AVEDOWNING ST CLEVELAND ST BAY LN JOHNS PKWY ^PROJECT SITE -Not to Scale--Not a Survey-Rev. 1/11/2022 AERIAL PHOTOGRAPH Owner(s): First Baptist Church of Clearwater, Inc. Case: ANX2022-01004 Site: 3065 Cleveland Street Property Size(Acres): ROW (Acres): 0.15 Land Use Zoning PIN: 16-29-16-00000-220-2700 From : Residential Urban (RU) R-2 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) N McMULLEN BOOTH RDN McMULLEN BOOTH RDS McMULLEN BOOTH RDS McMULLEN BOOTH RDCHERRY LNCHERRY LN COLONIAL DRCOLONIAL DR JOHNS PKWYJOHNS PKWY OYSTER BAYOU WAYOYSTER BAYOU WAY CLEVELAND STCLEVELAND ST -Not to Scale--Not a Survey-Rev. 1/11/2022 EXISTING SURROUNDING USES MAP Owner(s): First Baptist Church of Clearwater, Inc. Case: ANX2022-01004 Site: 3065 Cleveland Street Property Size(Acres): ROW (Acres): 0.15 Land Use Zoning PIN: 16-29-16-00000-220-2700 From : Residential Urban (RU) R-2 Single Family Residential Atlas Page: 292A To: Residential Urban (RU) Low Medium Density Residential (LMDR) 3 310731033078310130853 11 3065120 305925 310131071233087310130813076 3107116 150307530593054 3100306031063080310530653042N McMULLEN BOOTH RDS McMULLEN BOOTH RDCHERRY LN JOHNS PKWY OYSTER BAYOU WAY CLEVELAND ST -Not to Scale--Not a Survey-Rev. 1/11/2022 Place of Worship School Off Street Parking Institutional-Related ANX2022-01004 First Baptist Church of Clearwater, Inc. 3065 Cleveland Street View looking south at subject property 3065 Cleveland Street West of the subject property East of the subject property Across the street, to the north of the subject property View looking easterly along Cleveland Street View looking westerly along Cleveland Street Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: 9560-22 2nd rdg Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: OrdinanceIn Control: Legal Department Agenda Number: 11.4 SUBJECT/RECOMMENDATION: Adopt Ordinance 9560-22 on second reading, amending Section 2.527, Code of Ordinances, to increase the amount of settlement authority for claims. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/27/2022 Ordinance No. 9560-22 ORDINANCE NO. 9560-22 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CHAPTER 2, SECTION 2.527, CODE OF ORDINANCES, RELATING TO SETTLEMENT OF CLAIMS, TO INCREASE THE AMOUNT OF SETTLEMENT AUTHORIZATION, PROVIDING AN EFFECTIVE DATE. WHEREAS, the settlement authorization extended to the city manager, the risk manager and staff has not been increased since 1980 2017; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 2.527, Code of Ordinances is amended to read as follows: Sec. 2.527. - Settlement of claims. (1) The city manager or his/her designee is authorized to settle and release, on behalf of the city, any claim or lawsuit both for and against the city, up to and including $50,000 $100,000.00; provided, however, that any settlement that exceeds $15,000 $25,000.00 shall be reviewed by the city attorney and/or designee and any claim that exceeds $25,000 $50,000.00 shall require unanimous written concurrence of the city manager, city attorney and risk manager or their designees. (2) Delegation of settlement authority. The city manager may delegate the authorization to settle claims pursuant to subsection (1) of this section to other city employees as the city manager may deem appropriate. (3) City council approval of settlements. Any proposed settlement of any claim resulting in non-reimbursed expenditure of city funds that exceeds $50,000 $100,000.00, shall first be approved by the city council before the settlement can become final and binding upon the city. Section 2. This ordinance shall take effect immediately upon adoption. Ordinance No. 9560-22 2 PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED ___________________________ Frank V. Hibbard Mayor Approved as to form: Attest: ____________________________ ____________________________ David Margolis Rosemarie Call City Attorney City Clerk ORDINANCE NO. 9031 -17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CHAPTER 2, SECTION 2.527, CODE OF ORDINANCES, RELATING TO SETTLEMENT OF CLAIMS, TO INCREASE THE AMOUNT OF SETTLEMENT AUTHORIZATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the settlement authorization extended to the city manager, the risk manager and staff has not been increased since 1980; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Chapter 2, Section 2.527, Code of Ordinances is amended to read as follows: Sec. 2.527. - Settlement of claims. 1) The city manager or his /her designee is authorized to settle and release, on behalf of the city, any claim or lawsuit both for and against the city, up to and including $257008,00 $50,000.00; provided, however, that any settlement that exceeds $7 00.00 $15,000.00 shall be reviewed by the city attorney and /or designee and any claim that exceeds W7000.00 $25,000.00 shall require unanimous written concurrence of the city manager, city attorney and risk manager or their designees. 2) Delegation of settlement authority. The city manager may delegate the authorization to settle claims pursuant to subsection (1) of this section to other city employees as the city manager may deem appropriate. 3) City council approval of settlements. Any proposed settlement of any claim resulting in non - reimbursed expenditure of city funds that exceeds $25 00.00 50,000.00, shall first be approved by the city council before the settlement can become final and binding upon the city. Section 2. This ordinance shall take effect immediately upon adoption. Ordinance No. 9031 -17 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: City Attorney MAY 4 - 2017 MAY 1 7 2017 C(tatQA cretkof George N. Cretekos Mayor Attest: Rosemarie Call City Clerk 2 Ordinance No. 9031 -17 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0344 Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 14.1 SUBJECT/RECOMMENDATION: Fleet Operations - Councilmember Beckman SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/27/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0350 Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 14.2 SUBJECT/RECOMMENDATION: Artificial Turf - Mayor Hibbard SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/27/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0440 Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: Council Discussion Item In Control: Council Work Session Agenda Number: 14.3 SUBJECT/RECOMMENDATION: Annual Measurable Goals for the City Manager and City Attorney - Vice Mayor Beckman SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/27/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0400 Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 18.1 SUBJECT/RECOMMENDATION: StormReady Community Presentation - Daniel Noah, National Weather Service in Ruskin; Derek Smith, Emergency Management Specialist - Clearwater Fire Dept.; Jevon Graham - Fire Division Chief - Clearwater Fire Dept. SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/27/2022 Cover Memo City of Clearwater Main Library - Council Chambers 100 N. Osceola Avenue Clearwater, FL 33755 File Number: ID#22-0444 Agenda Date: 5/2/2022 Status: Agenda ReadyVersion: 1 File Type: Presentation(s) for Council Meeting In Control: Council Work Session Agenda Number: 18.2 SUBJECT/RECOMMENDATION: Economic Development Week Proclamation - May 9, 2022 through May 13, 2022 - Denise Sanderson, Economic Development and Housing Director SUMMARY: APPROPRIATION CODE AND AMOUNT: USE OF RESERVE FUNDS: Page 1 City of Clearwater Printed on 4/27/2022