05/05/2022Thursday, May 5, 2022
6:00 PM
City of Clearwater
Main Library - Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Main Library - Council Chambers
City Council
Meeting Agenda
May 5, 2022City Council Meeting Agenda
Welcome. We are glad to have you join us. If you wish to address the Council, please complete a
Comment Card. Comment Cards are on the right-hand side of the dais by the City Clerk. When
recognized, please hand your card to the Clerk, approach the podium and state your name. Persons
speaking before the City Council shall be limited to 3 minutes unless otherwise noted under Public
Hearings. For other than "Citizens to be heard regarding items not on the Agenda," a spokesperson for
a group may speak for 3 minutes plus an additional minute for each person in the audience that waives
their right to speak, up to a maximum of 10 minutes. Prior to the item being presented, please obtain
the form to designate a spokesperson from the City Clerk. Up to 60 minutes of public comment will be
allowed for an agenda item. No person shall speak more than once on the same subject unless
granted permission by the City Council. The City of Clearwater strongly supports and fully complies
with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting
if you require special accommodations at 727-562-4090. Assisted Listening Devices are available.
Kindly refrain from using cell phones and electronic devices during the meeting.
Citizens wishing to provide comments on an agenda item are encouraged to do so in advance through
written comment. The City has established the following two options:
1) eComments via Granicus - eComments is integrated with the published meeting agenda.
Individuals may review the agenda item details and indicate their position on the item. You will be
prompted to set up a user profile to allow you to comment, which will become part of the official public
record. The eComment period is open from the time the agenda is published. Comments received
during the meeting will become part of the official record, if posted prior to the closing of public
comment. The City Clerk will read received comments into the record.
2) Email – Individuals may submit written comments or videos to
ClearwaterCouncil@myclearwater.com. All comments received by 5:00 p.m. the day before the
meeting (May 4) will become part of the official record. The City Clerk will read received comments into
the record.
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Special recognitions and Presentations (Proclamations, service awards, or other
special recognitions. Presentations by governmental agencies or groups providing
formal updates to Council will be limited to ten minutes.)
4.1 Economic Development Week Proclamation - May 9, 2022 through May 13,
2022 - Denise Sanderson, Economic Development and Housing Director
5. Approval of Minutes
5.1 Approve the minutes of the April 7, 2022 City Council Meeting as submitted in
written summation by the City Clerk.
6. Citizens to be heard re items not on the agenda
Page 2 City of Clearwater Printed on 5/3/2022
May 5, 2022City Council Meeting Agenda
7. Consent Agenda
The Consent Agenda contains normal, routine business items that are
very likely to be approved by the City Council by a single motion. These
items are not discussed, and may all be approved as recommended on
the staff reports. Council questions on these items were answered prior to
the meeting. The Mayor will provide an opportunity for a Councilmember
or a member of the public to ask that an item be pulled from the Consent
Agenda for discussion. Items pulled will receive separate action. All
items not removed from the Consent Agenda will be approved by a
single motion of the council.
7.1 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)
7.2 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)
7.3 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)
7.4 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)
7.5 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)
7.6 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)
Page 3 City of Clearwater Printed on 5/3/2022
May 5, 2022City Council Meeting Agenda
7.7 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)
7.8 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)
7.9 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)
7.10 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)
7.11 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)
7.12 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)
7.13 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)
7.14 Reappoint Jason Hood and Patrick Raftery to the Parks and Recreation
Advisory Board with terms to expire May 31, 2026. (consent)
7.15 Appoint Kelly Kelly with a term to expire May 31, 2026 and Angela Tisdale to fill
the remainder of an unexpired term through July 31, 2024 to the Parks and
Recreation Advisory Board. (consent)
Public Hearings - Not before 6:00 PM
Page 4 City of Clearwater Printed on 5/3/2022
May 5, 2022City Council Meeting Agenda
8. Administrative Public Hearings
- Presentation of issues by City staff
- Statement of case by applicant or representative (5 min.)
- Council questions
- Comments in support or opposition (3 min. per speaker or 10 min
maximum as spokesperson for others that have waived their time)
- Council questions
- Final rebuttal by applicant or representative (5 min.)
- Council disposition
8.1 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.
8.2 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)
8.3 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)
9. Quasi-Judicial Public Hearings
1. Staff states its recommendation and briefly summarizes its reasons for the
recommendation and submits record (minutes, staff report, and application)
adduced before the Community Development Board (2 minutes).
2. Applicant presents case, including its testimony and exhibits (15 minutes).
3. Staff presents further evidence (10 minutes).
4. Public comment.
5. City Council discussion.
6. Applicant may call witnesses in rebuttal (5 minutes).
7. Conclusion by applicant (3 minutes).
8. Decision.
9.1 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)
10. Second Readings - Public Hearing
Page 5 City of Clearwater Printed on 5/3/2022
May 5, 2022City Council Meeting Agenda
10.1 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.
10.2 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).
10.3 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).
10.4 Adopt Ordinance 9560-22 on second reading, amending Section 2.527, Code
of Ordinances, to increase the amount of settlement authority for claims.
11. City Manager Reports
11.1 Direct the City Manager to move forward with the surplus and bid process to
sell/lease the Bluff properties and direct the City Attorney to prepare
referendum questions regarding the sale/lease of the Bluff properties for the
November election.
12. City Attorney Reports
13. Closing comments by Councilmembers (limited to 3 minutes)
14. Closing Comments by Mayor
15. Adjourn
Page 6 City of Clearwater Printed on 5/3/2022
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-0444
Agenda Date: 5/5/2022 Status: Agenda ReadyVersion: 1
File Type: Special recognitions
and Presentations
(Proclamations, service awards,
or other special recognitions.
Presentations by government
agencies or groups providing
formal updates to Council will be
limited to ten minutes.)
In Control: Council Work Session
Agenda Number: 4.1
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 5/3/2022
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-0352
Agenda Date: 5/5/2022 Status: Agenda ReadyVersion: 1
File Type: MinutesIn Control: City Council
Agenda Number: 5.1
SUBJECT/RECOMMENDATION:
Approve the minutes of the April 7, 2022 City Council Meeting as submitted in written
summation by the City Clerk.
SUMMARY:
APPROPRIATION CODE AND AMOUNT:
USE OF RESERVE FUNDS:
Page 1 City of Clearwater Printed on 5/3/2022
City Council Meeting Minutes April 7, 2022
Page 1 City of Clearwater
City of Clearwater
Main Library - Council Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
Meeting Minutes
Thursday, April 7, 2022
6:00 PM
Main Library - Council Chambers
City Council
Draft
City Council Meeting Minutes April 7, 2022
Page 2 City of Clearwater
Roll Call
Present:5 - Mayor Frank Hibbard, Councilmember Mark Bunker, Vice
Mayor Kathleen Beckman, Councilmember Lina Teixeira and
Councilmember David Allbritton
Also Present: Jon Jennings – City Manager, Micah Maxwell – Assistant City
Manager, Michael Delk – Assistant City Manager, David Margolis –
City Attorney, Rosemarie Call – City Clerk and Nicole Sprague – Deputy City Clerk.
To provide continuity for research, items are listed in agenda order although not
necessarily discussed in that order.
DRAFT
1. Call to Order – Mayor Hibbard
The meeting was called to order at 6:00 p.m. 2. Invocation 3. Pledge of Allegiance 4. Special recognitions and Presentations (Proclamations, service awards, or other special recognitions. Presentations by governmental agencies or groups providing formal updates to Council will be limited to ten minutes.) – Given.
4.1 Oath of Office to Councilmembers The City Clerk administered the Oath of Office to Councilmembers David Allbritton and Lina Teixeira.
4.2 April Service Awards One service award was presented to a city employee.
The February 2022 Employee of the Month Award was presented to
Patrick Brafford, Fire.
The March 2022 Employee of the Month Award was presented to
Samantha Moullet, Parks and Recreation.
4.3 National Library Week Proclamation - April 3 - 9, 2022 - Jennifer Obermaier Library
Director
4.4 Education and Sharing Day 2022 Proclamation – April 12, 2022 - Rabbi Levi Hodakov,
Director Chabad of Clearwater Draft
City Council Meeting Minutes April 7, 2022
Page 3 City of Clearwater
4.5 National Donate Life Month, April 2022 - Erika Flores, Public Affairs Coordinator
4.6 Arbor Day Proclamation, April 23, 2022 - Jim Halios, Parks and Recreation Director
4.7 Forward Pinellas Update Presentation - Chair Cookie Kennedy and Executive Director
Whit Blanton
Mr. Blanton provided a PowerPoint presentation. 5. Approval of Minutes
5.1 Approve the minutes of the March 17, 2022 City Council Meeting as submitted in written
summation by the City Clerk.
Councilmember Allbritton moved to approve the minutes of the
March 17, 2022 City Council Meeting as submitted in written
summation by the City Clerk. The motion was duly seconded and
carried unanimously.
6. Citizens to be heard re items not on the agenda
John Doran said the roundabout still works but not as well as it did ten
years ago.
Emre Akbaba and Jessica Lykon supported the proposed charter school
on Nursery Road and requested the City work with the school to mitigate
any community concerns without causing any project delays.
Susan Luce provided information regarding the Clearwater Community
Woman's Club's Human Trafficking Initiative.
Nita Cole invited all to attend the Clearwater Community Woman's Club's
Champa Bay Elimination Dinner on May 14; proceeds from the event will
be used to secure long-term housing in Pinellas County for human
trafficking victims.
Ingrid Anderson expressed concerns with Harbour Towne’s practice of
removing trees but not replacing them as required. He urged the City to
enforce the tree removal permits.
Troy Baker, Amari Santana, Isabella Morrison, and Maria Pitelis Norcia
supported the proposed charter school.
Sam Hutkin congratulated Councilmembers David Allbritton and Lina Draft
City Council Meeting Minutes April 7, 2022
Page 4 City of Clearwater
Teixeira on their elections and thanked them and staff for their time and
commitment to the Clearwater community.
Aaron Smith Levin expressed concerns regarding voter turnout for the
March 15 election and Scientology's voting directive to members.
Rudolph Michalek congratulated Councilmembers David Allbritton and
Lina Teixeira for their elections. He said Council will need to work with all
citizens and new city staff leadership to address the issues facing the city,
such as housing for employees, building density, environmental
sustainability, and building vacancy in Downtown.
Daniel Holuba expressed concerns of a video posted on social media by
Clearwater Police Officer practicing his quick draw. He suggested that the
Clearwater Police Department be disbanded and that the services be
outsourced to the Pinellas County Sheriff.
In response to the proposed charter school comments, Mayor Hibbard
said Council has received many emails regarding the proposal. There
was an initial notice issue; staff re-noticed the application and is following
the process. He said the platting has been approved and cannot be
reversed as there is no basis to deny the request.
7. Consent Agenda – Approved as submitted.
7.1 Approve the Community Development Block Grant - Coronavirus Program Agreement
between the City of Clearwater and Homeless Leadership Alliance of Pinellas, Inc. in the
amount of $104,441.47 and authorize the appropriate officials to execute same.
(consent)
7.2 Approve an Interlocal Agreement between the City of Clearwater, the City of Clearwater
Community Redevelopment Agency (CRA), Pinellas County, and the Clearwater Housing
Authority to provide for revenue sharing and the redevelopment of 306 S Washington
Avenue, and authorize the appropriate officials to execute same. (consent)
7.3 Approve settlement of workers’ compensation claim 21-000039, Jason Goiran, for
payment of $200,000, inclusive of attorney fees and costs with a general release of all
claims, and authorize the appropriate officials to execute same. (consent)
7.4 Approve an Annual General Permit, in the amount of $2,813, with Pinellas County to
construct and maintain natural gas facilities and authorize the appropriate officials to
execute same. (consent)
7.5 Approve a Utility Work by Highway Contractor Agreement with the State of Florida Draft
City Council Meeting Minutes April 7, 2022
Page 5 City of Clearwater
Department of Transportation to place out of service and remove natural gas mains
during a road improvement project on US Highway 19, from State Road 580 to Northside
Drive, at an estimated cost of $188,886.61, and authorize the appropriate officials to
execute same. (consent)
7.6 Approve a Utility Work by Highway Contractor Agreement with the State of Florida
Department of Transportation to place out of service and remove natural gas mains
during a road improvement project on US Highway 19, from Northside Drive to County
Road 95, at an estimated cost of $155,393.70, and authorize the appropriate officials to
execute same. (consent)
7.7 Accept a Gas Utility Easement from Largo East Bay OMV LLC, for the construction,
installation, and maintenance of gas utility facilities on real property located at 4445 East
Bay Drive, Suite 307, Clearwater FL, 33764. (consent)
7.8 Accept a Gas Utility Easement from Imperial Palms Apartments Limited Partnership, for
the construction, installation, and maintenance of gas utility facilities on real property
located at 101 Imperial Palm Drive, Largo FL, 33771. (consent)
7.9 Approve a purchase order to Emerald Facility Management of St. Petersburg, FL, for
pressure washing and cleaning services of city hardscaping in the total annual not to
exceed amount of $175,000.00 for one year with two, one-year renewal options, pursuant
to Invitation to Bid #12-22, and authorize the appropriate officials to execute same.
(consent)
7.10 Approve a Purchase Order to Wesco Turf, Inc., of Sarasota, FL, for the purchase of
landscape maintenance equipment, in an amount of $120,827.66 pursuant to Clearwater
Code of Ordinances Section 2.563(1)(c), Piggyback, and 2.563(1)(d), non-competitive
purchase, and authorize the appropriate officials to execute same. (consent)
7.11 Approve an increase to purchase order 21000893 to Prison Rehabilitation Industries and
Diversified Enterprises (PRIDE) dba Pride Enterprises for the repainting of three
command vehicles in the amount of $30,063.00 for a new total of $153,808.00 in
accordance with Clearwater Code of Ordinances Section 2.563(1)(d), Non-competitive
purchase, and authorize the appropriate officials to execute same. (consent)
7.12 Approve an Event License Agreement between Jones Lang LaSalle Americas, Inc, in its
capacity as agent for the owner of the premises known as Countryside Mall, located at
27001 US Highway 19 North, Clearwater, Florida, and the City of Clearwater Police
Department for the purpose of hosting an Operation Shred and Medicine Take Back
Event on April 30, 2022, located at the Countryside Mall, and authorize the appropriate
officials to execute same. (consent)
7.13 Approve Supplemental Work Order Two to Engineer of Record Stantec Consulting
Services, Inc., of Tampa, Florida, per Request for Qualifications (RFQ) 26-19, Engineer Draft
City Council Meeting Minutes April 7, 2022
Page 6 City of Clearwater
of Record Consulting Services, for the Lift Station 16 Pierce Street Rehab project
(20-0008-UT) in the amount of $132,990, increasing the work order from $447,574 to
$580,564, and authorize the appropriate officials to execute same. (consent)
7.14 Approve the final plat for Bayside Pointe whose physical address is 2481 Druid Road
East located ¼ mile west of US Highway 19 North. (consent)
7.15 Approve the final plat for Sharkey Townhomes whose physical address is 2444 Sharkey
Road located 640 feet west of Old Coachman Road. (consent)
7.16 Authorize the piggyback of Omnia Contract Number MA3458, to CDW-G, of Vernon Hills,
IL, in the amount of $656,241.24, pursuant to Clearwater Code of Ordinances Section
2.563(1)(c), Exceptions to Bid - Piggyback or Cooperative Purchasing, and authorize the
appropriate officials to execute same. (consent)
7.17 Authorize the piggyback of Florida State Contract 4323000-NASPO-16-ACS-SVAR,
Software Value Added Reseller (SVAR) Services, to Carahsoft, Reston, VA, in the
amount of $271,618.60, pursuant to Clearwater Code of Ordinances Section 2.563(1)(c),
piggyback or cooperative purchasing, and authorize the appropriate officials to execute
same. (consent)
7.18 Approve a contract to First Arriving, LLC of Ashland, VA for digital signage and
dashboard software and installation services in the amount of $175,000.00 for the period
of April 01, 2022 through March 31, 2025 pursuant to Request for Proposal (RFP) 01-22,
Digital Signage Solution, and authorize the appropriate officials to execute same.
(consent)
7.19 Authorize purchase orders to multiple vendors as listed, for various plumbing replacement
and repair parts, in the cumulative annual not-to-exceed amount of $425,000.00 through
the expiration of vendors respective term of contract or January 24, 2025, whichever
comes first, pursuant to Clearwater Code of Ordinances Section 2.561(5) Small
purchases, Section 2.563(1)(b) Micro purchases, and Section 2.563(1)(c) Piggyback
purchasing and authorize the appropriate officials to execute same. (consent)
7.20 Elect Councilmember Beckman to serve as Vice Mayor. (consent) 7.21 Appoint Councilmembers to Regional and Miscellaneous Boards as listed. (consent)
7.22 Appoint Councilmember Beckman to the countywide Opioid Abatement Funding
Advisory Board. (consent)
7.23 Appoint Martin Kelly to the Sister Cities Advisory Board as the business community
representative for an unexpired term through March 31, 2024. (consent)
7.24 Authorize the City Attorney to hire GrayRobinson, P.A. to represent the City and Joseph Draft
City Council Meeting Minutes April 7, 2022
Page 7 City of Clearwater
Roseto in the matter of Nathaniel Brooks v. City of Clearwater and Joseph Roseto, Civil
Action No. 8:21-CV-02967-SDM-TGW, approve the Legal Services Agreement for an
initial amount not to exceed $50,000, and authorize the appropriate officials to execute
same. (consent)
7.25 Request for authority to settle the case of SCI Pelican Walk, LLC v. City of Clearwater, et
al., Case No. 21-4719-CI, and authorize the appropriate officials to execute associated
settlement documents. (consent)
7.26 Approve the third amendment to the Legal Services Agreement with the law firm of
Manson Bolves Donaldson Varn to extend the term of the agreement through February
28, 2027 and authorize the appropriate officials to execute same. (consent)
Vice Mayor Beckman moved to approve the Consent Agenda as
submitted and authorize the appropriate officials to execute
same. The motion was duly seconded and carried unanimously.
Public Hearings - Not before 6:00 PM 8. Administrative Public Hearings
8.1 Approve the annexation, initial Future Land Use Map designation of Residential Urban
(RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR)
District for 3065 Cleveland Street, and pass Ordinances 9549-22, 9550-22, and 9551-22
on first reading. (ANX2022-01004)
This voluntary annexation petition involves a 0.15-acre property consisting of
one parcel of land which is vacant. The property is located on the south side of
Cleveland Street approximately 180 feet west of North McMullen Booth Road.
The applicant is requesting annexation to incorporate the property into the
overall campus of Calvary Church. The property is located in an enclave and is
contiguous to existing City on all sides. It is proposed that the property be
assigned a Future Land Use Map designation of Residential Urban (RU) and a
Zoning Atlas designation of Low Medium Density Residential (LMDR).
The Planning and Development Department determined that the proposed
annexation is consistent with the provisions of Community Development Code
Section 4-604.E as follows:
• The property is currently vacant and receives no services from the City
or Pinellas County. The applicant is requesting annexation in order to
develop the property as additional parking for the Calvary Church
campus in the future; therefore, access to urban infrastructure (e.g., city
sewer) is not requested at this time, but might be applicable in the future
should the church’s needs change. The property is located within Police
District III and service will be administered through the district Draft
City Council Meeting Minutes April 7, 2022
Page 8 City of Clearwater
headquarters located at 2851 McMullen Booth Road. Fire and
emergency medical services will be provided to this property by Station
#49 located at 565 Sky Harbor Drive. The City has adequate capacity to
serve this property with sanitary sewer, solid waste, water, police, fire
and EMS service. The proposed annexation will not have an adverse
effect on public facilities and their levels of service; and
• The proposed annexation is consistent with and promotes the following
objectives 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.
• The proposed Residential Urban (RU) Future Land Use Map category is
consistent with the current Countywide Plan designation of the property.
This designation primarily permits residential uses at a density of 7.5
units per acre. The proposed zoning district to be assigned to the
property is the Low Medium Density Residential (LMDR) District.
Because the proposed use of the property is off-street parking to
support the church and school campus, Future Land Use Map and
Zoning Atlas amendments would be required in the future prior to a
development application or building permit. The proposed annexation is
therefore consistent with the Countywide Plan and the City’s
Comprehensive Plan and Community Development Code; and
• The property proposed for annexation is contiguous to existing city
boundaries on all sides; therefore, the annexation is consistent with
Florida Statutes Chapter 171.044.
Councilmember Bunker moved to approve the annexation, initial
Future Land Use Map designation of Residential Urban (RU) and
initial Zoning Atlas designation of Low Medium Density
Residential (LMDR) District for 3065 Cleveland Street. The motion
was duly seconded and carried unanimously.
Ordinances 9549-22, 9550-22, and 9551-22 were presented and
read by title only. Councilmember Teixeira moved to pass Ordinances
9549-22, 9550-22, and 9551-22 on first reading. The motion was duly
seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Bunker, Vice Mayor Draft
City Council Meeting Minutes April 7, 2022
Page 9 City of Clearwater
Beckman, Councilmember Teixeira and Councilmember Allbritton
8.2 Continue to a date uncertain: 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)
This voluntary annexation petition involves 6.16 acres of property consisting of
two parcels of undeveloped land that are occupied by two existing billboards
governed by the Settlement Agreement between Pinellas County and
OUTFRONT Media LLC f/k/a CBS Outdoor, Inc., National Advertising Company,
Infinity Outdoor Advertising of Florida, Inc., and Viacom Outdoor, Inc. The
properties are 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 south of the northern property
line, and the other one is located at the southwest corner of the site parcel,
approximately 35 feet north of the southern property line. Based upon a review
of historic aerials, the northern billboard appears to have been constructed in
1967/1968 and the southern one 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 properties are located in an
enclave and are contiguous to existing City boundaries in at least one direction.
It is proposed that the properties 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 as follows:
• Upon development of the two vacant parcels, 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 this property. Collection of solid waste will be provided by the
City of Clearwater. The properties are located within Police District III
and service will be administered through the district headquarters
located at 2851 McMullen Booth Road. Fire and emergency medical
services will be provided to these properties by Station #48 located at
1700 North Belcher Road. The City has adequate capacity to serve
these properties with sanitary sewer, solid waste, police, fire and EMS
service. The properties will receive water service from Pinellas County.
The proposed annexation will not have an adverse effect on public
facilities and their levels of service; and
Draft
City Council Meeting Minutes April 7, 2022
Page 10 City of Clearwater
• 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.
• The proposed US 19-Corridor (US 19-C) Future Land Use Map category
is consistent with the future boundaries depicted on Map A-17, US 19
Corridor Redevelopment Area, and primarily permits a mix of uses at a
floor area ratio (FAR) of 1.5. The proposed zoning district to be assigned
to the properties is the US 19 District. The proposed annexation is
therefore consistent with the City’s Comprehensive Plan and
Community Development Code;
• As indicated above, the two billboards are governed by a Settlement
Agreement in Pinellas County. Upon annexation, that agreement will not
be binding on the city, however, the billboards will be treated as
nonconforming uses/structures and will be governed by Community
Development Code Article 6 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.
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 Draft
City Council Meeting Minutes April 7, 2022
Page 11 City of Clearwater
streets shall be prevented as is currently provided.
The annexation will not result in the proliferation of billboards as the
billboards currently exist. Community Development Code Section
3-1804.C prohibits billboards and no new billboards can be erected on
the property. The proposed annexation is consistent with city
regulations;
• The proposed US 19-Neighborhood Center (US 19-NC) Future Land
Use Map category assigned to the two unaddressed properties will
require an amendment to the Countywide Plan Map from Retail &
Services (R&S) to Activity Center (AC);
• The properties 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.
Councilmember Allbritton moved to continue Item 8.2 to a date
uncertain. The motion was duly seconded and carried
unanimously.
9. Second Readings - Public Hearing
9.1 Adopt Ordinance 9515-22 on second reading, amending the future land use element of
the Comprehensive Plan to encourage development of affordable and missing middle
housing; amending the coastal management element to update the coastal storm area
and hurricane storm surge maps; adopting a new Comprehensive Plan element, the
property rights element, creating a new goal, objective and policies following statutory
language in accordance with House Bill 59 (2021)., amending the future land use element
of the Comprehensive Plan to encourage development of affordable and missing middle
housing; amending the coastal management element to update the coastal storm area
and hurricane storm surge maps; adopting a new Comprehensive Plan element, the
property rights element, creating a new goal, objective and policies following statutory
language in accordance with House Bill 59 (2021)., amending the future land use element
of the Comprehensive Plan to encourage development of affordable and missing middle
housing; amending the coastal management element to update the coastal storm area
and hurricane storm surge maps; adopting a new Comprehensive Plan element, the
property rights element, creating a new goal, objective and policies following statutory
language in accordance with House Bill 59 (2021).
Ordinance 9515-22 was presented and read by title only. Vice
Mayor Beckman moved to adopt Ordinance 9515-22 on second
and final reading. The motion was duly seconded and upon roll
call, the vote was:
Draft
City Council Meeting Minutes April 7, 2022
Page 12 City of Clearwater
Ayes: 5 - Mayor Hibbard, Councilmember Bunker, Vice Mayor
Beckman, Councilmember Teixeira and Councilmember Allbritton
9.2 Adopt Ordinance 9523-22 on second reading, annexing certain real properties whose
post office addresses are 2306 and 2322 Anna Avenue, all in Clearwater, Florida 33765
into the corporate boundaries of the city and redefining the boundary lines of the city to
include said addition.
Ordinance 9523-22 was presented and read by title only.
Councilmember Bunker moved to adopt Ordinance 9523-22 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Bunker, Vice Mayor
Beckman, Councilmember Teixeira and Councilmember Allbritton
9.3 Adopt Ordinance 9524-22 on second reading, amending the future land use element of
the Comprehensive Plan of the city to designate the land use for certain real properties
whose post office addresses are 2306 and 2322 Anna Avenue, all in Clearwater, Florida
33765, upon annexation into the City of Clearwater as Residential Low (RL).
Ordinance 9524-22 was presented and read by title only.
Councilmember Teixeira moved to adopt Ordinance 9524-22 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Bunker, Vice Mayor
Beckman, Councilmember Teixeira and Councilmember Allbritton
9.4 Adopt Ordinance 9525-22 on second reading, amending the Zoning Atlas of the city by
zoning certain real properties whose post office addresses are 2306 and 2322 Anna
Avenue, all in Clearwater, Florida 33765, upon annexation into the City of Clearwater, as
Low Medium Density Residential (LMDR).
Ordinance 9525-22 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9525-22 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Bunker, Vice Mayor
Beckman, Councilmember Teixeira and Councilmember Allbritton
Draft
City Council Meeting Minutes April 7, 2022
Page 13 City of Clearwater
9.5 Adopt Ordinance 9528-22 on second reading, designating certain real property located
at 900 North Fort Harrison Avenue, formerly known as the North Ward School, as a
historic property under Community Development Code Section 4-607.
Ordinance 9528-22 was presented and read by title only. Vice
Mayor Beckman moved to adopt Ordinance 9528-22 on second
and final reading. The motion was duly seconded and upon roll
call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Bunker, Vice Mayor
Beckman, Councilmember Teixeira and Councilmember Allbritton
9.6 Adopt Ordinance 9531-22 on second reading, annexing certain real properties whose
post office addresses are 1819 Diane Drive and 2704 South Drive, all in Clearwater,
Florida 33759 into the corporate boundaries of the city and redefining the boundary lines
of the city to include said addition.
Ordinance 9531-22 was presented and read by title only.
Councilmember Bunker moved to adopt Ordinance 9531-22 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Bunker, Vice Mayor
Beckman, Councilmember Teixeira and Councilmember Allbritton
9.7 Adopt Ordinance 9532-22 on second reading, amending the future land use element of
the Comprehensive Plan of the city to designate the land use for certain real properties
whose post office addresses are 1819 Diane Drive and 2704 South Drive, all in
Clearwater, Florida 33759, upon annexation into the City of Clearwater as Residential
Low (RL) and Residential Medium (RM).
Ordinance 9532-22 was presented and read by title only.
Councilmember Teixeira moved to adopt Ordinance 9532-22 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Bunker, Vice Mayor
Beckman, Councilmember Teixeira and Councilmember Allbritton
9.8 Adopt Ordinance 9533-22 on second reading, amending the Zoning Atlas of the city by
zoning certain real properties whose post office addresses are 1819 Diane Drive and
2704 South Drive, all in Clearwater, Florida 33759, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR) and Medium Density Draft
City Council Meeting Minutes April 7, 2022
Page 14 City of Clearwater
Residential (MDR).
Ordinance 9533-22 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9533-22 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Bunker, Vice Mayor
Beckman, Councilmember Teixeira and Councilmember Allbritton
9.9 Adopt Ordinance 9534-22 on second reading, annexing certain real property whose post
office address is 1944 Calumet Street, Suite B, Clearwater, Florida 33765, together with
certain right-of-way of Calumet Street into the corporate boundaries of the city and
redefining the boundary lines of the city to include said addition.
Ordinance 9534-22 was presented and read by title only. Vice
Mayor Beckman moved to adopt Ordinance 9534-22 on second
and final reading. The motion was duly seconded and upon roll
call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Bunker, Vice Mayor
Beckman, Councilmember Teixeira and Councilmember Allbritton
9.10 Adopt Ordinance 9535-22 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 1944 Calumet Street, Suite B, Clearwater, Florida 33765,
upon annexation into the City of Clearwater as Industrial General (IG).
Ordinance 9535-22 was presented and read by title only.
Councilmember Bunker moved to adopt Ordinance 9535-22 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Bunker, Vice Mayor
Beckman, Councilmember Teixeira and Councilmember Allbritton
9.11 Adopt Ordinance 9536-22 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 1944 Calumet Street, Suite B,
Clearwater, Florida 33765, upon annexation into the City of Clearwater, as Industrial,
Research and Technology (IRT).
Ordinance 9536-22 was presented and read by title only.
Councilmember Teixeira moved to adopt Ordinance 9536-22 on Draft
City Council Meeting Minutes April 7, 2022
Page 15 City of Clearwater
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Bunker, Vice Mayor
Beckman, Councilmember Teixeira and Councilmember Allbritton
9.12 Adopt Ordinance 9543-22 on second reading, annexing certain unaddressed real
property located on the east side of the road known as The Mall approximately 620 feet
south of Union Street, in Clearwater, Florida 33755 into the corporate boundaries of the
city and redefining the boundary lines of the city to include said addition.
Ordinance 9543-22 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9543-22 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Bunker, Vice Mayor
Beckman, Councilmember Teixeira and Councilmember Allbritton
9.13 Adopt Ordinance 9544-22 on second reading, amending the future land use element of
the Comprehensive Plan of the city to designate the land use for certain unaddressed real
property located on the east side of the road known as The Mall approximately 620 feet
south of Union Street, in Clearwater, Florida 33755, upon annexation into the City of
Clearwater as Residential Urban (RU).
Ordinance 9544-22 was presented and read by title only. Vice
Mayor Beckman moved to adopt Ordinance 9544-22 on second
and final reading. The motion was duly seconded and upon roll
call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Bunker, Vice Mayor
Beckman, Councilmember Teixeira and Councilmember Allbritton
9.14 Adopt Ordinance 9545-22 on second reading, amending the Zoning Atlas of the city by
zoning certain unaddressed real property located on the east side of the road known as
The Mall approximately 620 feet south of Union Street, in Clearwater, Florida 33755,
upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
Ordinance 9545-22 was presented and read by title only.
Councilmember Bunker moved to adopt Ordinance 9545-22 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Bunker, Vice Mayor Draft
City Council Meeting Minutes April 7, 2022
Page 16 City of Clearwater
Beckman, Councilmember Teixeira and Councilmember Allbritton
9.15 Adopt Ordinance 9546-22 on second reading, annexing certain real property whose post
office address is 1930 Ashland Drive, Clearwater, Florida 33763 into the corporate
boundaries of the city and redefining the boundary lines of the city to include said
addition.
Ordinance 9546-22 was presented and read by title only.
Councilmember Teixeira moved to adopt Ordinance 9546-22 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Bunker, Vice Mayor
Beckman, Councilmember Teixeira and Councilmember Allbritton
9.16 Adopt Ordinance 9547-22 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 1930 Ashland Drive, Clearwater, Florida 33763, upon
annexation into the City of Clearwater as Residential Low (RL).
Ordinance 9547-22 was presented and read by title only.
Councilmember Allbritton moved to adopt Ordinance 9547-22 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Bunker, Vice Mayor
Beckman, Councilmember Teixeira and Councilmember Allbritton
9.17 Adopt Ordinance 9548-22 on second reading, amending the Zoning Atlas of the city by
zoning certain real property whose post office address is 1930 Ashland Drive,
Clearwater, Florida 33763, upon annexation into the City of Clearwater, as Low Medium
Density Residential (LMDR).
Ordinance 9548-22 was presented and read by title only. Vice
Mayor Beckman moved to adopt Ordinance 9548-22 on second
and final reading. The motion was duly seconded and upon roll
call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Bunker, Vice Mayor
Beckman, Councilmember Teixeira and Councilmember Allbritton
Draft
City Council Meeting Minutes April 7, 2022
Page 17 City of Clearwater
9.18 Adopt Ordinance 9558-22 on second reading, amending the Operating Budget for the
Fiscal Year ending September 30, 2022, to reflect increases and decreases in revenues
and expenditures for the General Fund, Special Program Fund, Parking Fund, and
Administrative Services Fund.
Ordinance 9558-22 was presented and read by title only.
Councilmember Bunker moved to pass Ordinance 9558-22 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Bunker, Vice Mayor
Beckman, Councilmember Teixeira and Councilmember Allbritton
9.19 Adopt Ordinance 9559-22 on second reading, amending the Capital Improvement
Budget for the Fiscal Year ending September 30, 2022, to reflect a net decrease of
$26,403,885.
Ordinance 9559-22 was presented and read by title only.
Councilmember Teixeira moved to adopt Ordinance 9559-22 on
second and final reading. The motion was duly seconded and
upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Bunker, Vice Mayor
Beckman, Councilmember Teixeira and Councilmember Allbritton
9.20 Continue to a date uncertain: Adopt Ordinance 9537-22 on second reading, annexing
certain real property whose post office address is 2635 Woodring Drive, Clearwater,
Florida 33759 into the corporate boundaries of the city and redefining the boundary lines
of the city to include said addition. AND
9.21 Continue to a date uncertain: Adopt Ordinance 9538-22 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 2635 Woodring Drive,
Clearwater, Florida 33759, upon annexation into the City of Clearwater as Residential
Low (RL). AND
9.22 Continue to a date uncertain: Adopt Ordinance 9539-22 on second reading, amending
the Zoning Atlas of the city by zoning certain real property whose post office address is
2635 Woodring Drive, Clearwater, Florida 33759, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR). AND Draft
City Council Meeting Minutes April 7, 2022
Page 18 City of Clearwater
9.23 Continue to a date uncertain: Adopt Ordinance 9561-22 on second reading, annexing two
certain unaddressed parcels along US Highway 19 North into the corporate boundaries
of the City of Clearwater and redefining the boundary lines of the city to include said
addition.
AND
9.24 Continue to a date uncertain: Adopt Ordinance 9562-02 on second reading, 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). AND
9.25 Continue to a date uncertain: Adopt Ordinance 9563-02 on second reading, 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.
Councilmember Allbritton moved to continue Items 9.20 through
9.25 to a date uncertain. The motion was duly seconded and
carried unanimously.
10. City Manager Reports
10.1 Amend Clearwater Code of Ordinances, Section 2.527, Settlement of Claims, to
increase the City Manager or his/her designee authority to settle and release, on behalf of
the City, any claim or lawsuit, both for and against the City and pass Ordinance 9560-22
on first reading..
The proposed ordinance will revise the City Manager, or designee, authority to
settle and release, on behalf of the City, any claim or lawsuit, both for and
against the City, up to and including $100,000, which is an increase from its
current amount of $50,000. Also, to approve that any settlement that exceeds
$25,000 (currently $15,000) shall be reviewed by the City Attorney and/or
designee and any claim that exceeds $50,000 (currently $25,000) shall require
unanimous written concurrence of the City Manager, City Attorney and Risk
Manager or their designees.
The Risk Management Division of the Finance Department respectfully
requests the revision of this Ordinance to allow for settlement of claims to be
more efficient and to acknowledge that current claims settlement authorization
levels are not sufficient in light of rising legal and settlement costs. Draft
City Council Meeting Minutes April 7, 2022
Page 19 City of Clearwater
By increasing the current settlement authority in place, it will allow the following:
• Greater flexibility for Risk Management and the Claims Committee to
settle claims quicker, therefore reducing workload, claims severity and
legal expenses.
• Reduce the amount of time for review and for the approval of these
settlements arising from one on one’s with Council Members,
presentations at Council Work Sessions and Council Meetings.
Risk Management believes the recommended changes to this ordinance will
increase the efficiency of our Council Work Sessions, Claims Committee
Meetings, and Risk Management Specialists, and provide a financial benefit of
reducing claims severity and legal payments.
In response to questions, the City Manager said the amendment
provides staff more flexibility. Risk Manager Rick Osorio said the
impetus for the amendment were keeping high-profile settlement cases
out of the public record. He said increasing the authority level would
expedite the smaller claims in which the City is seeking to settle.
Vice Mayor Beckman moved to amend Clearwater Code of
Ordinances, Section 2.527, Settlement of Claims, to increase the
City Manager or his/her designee authority to settle and release,
on behalf of the City, any claim or lawsuit, both for and against
the City and pass Ordinance 9560-22 on first reading.
Ordinance 9560-22 was presented and read by title only. The motion
was duly seconded and upon roll call, the vote was:
Ayes: 5 - Mayor Hibbard, Councilmember Bunker, Vice Mayor
Beckman, Councilmember Teixeira and Councilmember Allbritton
10.2 Approve an increase to the purchase order for Axon Enterprise, Inc., of Scottsdale, AZ, in
the amount of $30,400.00, from $131,892.27 to $162,292.27, for the purchase of Axon
Signal Units and Axon Signal Unit Cable Assemblies in accordance with Clearwater
Code of Ordinances Section 2.563(1)(c), Piggyback; and authorize the appropriate
officials to execute same.
At the July 16, 2020 council meeting, the Clearwater Police Department (CPD)
was directed to incorporate a body worn camera program. The selected vendor
for CPD’s body worn camera program is Axon Enterprises, Inc.
On August 6, 2020, City Council approved an agreement to provide for 200 Draft
City Council Meeting Minutes April 7, 2022
Page 20 City of Clearwater
Axon “Body 3” cameras, 25 docking bays, storage, licensing, and training to
fulfill the council directive. To ensure body camera activation during critical
incidents, the Police Department sought to incorporate Axon Signal Vehicle as a
facet of the Body Worn Camera Program. This technology enables Axon
cameras to sense events, such as activating the police vehicle emergency
lights, and start recording, without manual input from the officer/employee.
On November 18, 2021, City Council accepted a United States Department of
Justice, Office of the Justice Programs (OJP), 2021 Bureau of Justice
Assistance Fiscal Year 2021 Edward Byrne Memorial Justice Assistance Grant
(JAG) Program - Local Solicitation, grant award in the of amount of $27,900.00.
This grant was awarded for the purpose of purchasing approximately one
hundred (100) Axon Signal Units ($27,900.00).
Additionally, CPD would purchase 100 Axon Signal Unit Cable Assemblies
needed to install the Axon Signal Units ($2,500.00). Once purchased, these
modules will be installed within selected patrol vehicles within CPD’s fleet.
CPD previously received a separate grant in October 2020 to supply 140 Axon
Signal Vehicle modules. These modules have already been deployed to
patrol-based vehicles.
The Axon Signal Vehicle product is available for purchase utilizing National
Purchasing Partners Contract #VH11629, a national resource for public entities
for similar public solicitations; the City of Clearwater is a participating member
in this partnership.
APPROPRIATION CODE AND AMOUNT:
Funds are budgeted and available in P2002, Police Body Worn Camera
Program.
Mayor Hibbard said he directly owns stock in Axon and recused himself
from voting and discussion.
Councilmember Bunker moved to approve an increase to the
purchase order for Axon Enterprise, Inc., of Scottsdale, AZ, in the
amount of $30,400.00, from $131,892.27 to $162,292.27, for the
purchase of Axon Signal Units and Axon Signal Unit Cable
Assemblies in accordance with Clearwater Code of Ordinances
Section 2.563(1)(c), Piggyback; and authorize the appropriate
officials to execute same. The motion was duly seconded and
carried with the following vote:
Ayes:4 - Councilmember Bunker, Vice Mayor Beckman, Councilmember Draft
City Council Meeting Minutes April 7, 2022
Page 21 City of Clearwater
Teixeira and Councilmember Allbritton Recused: 1 - Mayor Hibbard
10.3 Appoint a member to the Community Development Board to serve as the Alternate
Member for a term to expire April 30, 2026.
APPOINTMENT WORKSHEET
BOARD: Community Development Board
TERM: 4 years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Yes
RESIDENCY REQUIREMENT: City of Clearwater
MEMBERS: 7 & 1 alternate
CHAIRPERSON: Mary Lau
MEETING DATES: 3rd Tues., 1:00 p.m.
PLACE: Main Library
APPTS. NEEDED: 1 Alternate member
SPECIAL QUALIFICATIONS: The city commission shall seek a membership
with diverse economic, social and professional representation and shall include
members qualified and experienced in the fields of architecture, planning,
landscape architecture, engineering, construction, planning and land use law
and real estate.
THE FOLLOWING ADVISORY BOARD MEMBER, SERVING AS THE
ALTERNATE MEMBER, HAS A TERM THAT EXPIRES ON 4/30/22 AND NOW
REQUIRES REPLACEMENT BY A NEW APPOINTEE TO SERVE AS THE
ALTERNATE MEMBER:
1. Muhammad Abdur-Rahim - 1028 N. Madison Ave., 33755 - Retired Public
Service
Original Appointment: 6/3/21
(currently filling an unexpired term until 4/30/22)
Interest in Reappointment: No
(Alternate Member)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION
TO FILL THE ABOVE VACANCY:
1. Diane Achinelli - 904 Brigadoon Dr., 33756 - Senior Project Coord.
2. Samuel Hutkin - 755 Eldorado Ave., 33767 - Consultant*
3. Bill Jonson - 2694 Redford Court W., 33761 - Retired former
Councilmember/Project Mgr. *
Draft
City Council Meeting Minutes April 7, 2022
Page 22 City of Clearwater
4. Travis Norton - 310 Kerry Dr., 33765 - Community Relations*
5. Justin Perrino - 911 Alameda Ave., 33759 - Commercial Construction
Management
6. Benjamin Roy - 1412 N Fort Harrison Ave., 33755 - Real Estate
7. Nicholas West - 111 N. Nimbus Ave., 33765 - Political Analyst *
*Listed work experience falls outside preferred professional background.
Zip codes of current members: 2 at 33755, 1 at 33756, 1 at 33761, 1 at 33764
and 3 at 33767
Current Categories:
1 Attorney
2 Engineers
1 Construction and Real Estate
1 Corporate General Counsel
1 General Contractor
1 Real Estate Broker/Developer
1 Retired/Public Service
One individual spoke in support of appointing Bill Jonson.
One individual submitted an eComment supporting the appointment of
Bill Jonson (see page 26).
Discussion ensued with comments made that Samuel Hutkin has
experience working with structural engineers and is a community
advocate. It was stated that Bill Jonson has applied previously to serve
on this board and regularly reviews development projects.
Vice Mayor Beckman moved to appoint Bill Jonson. The motion
was duly seconded and failed with the following vote: Ayes: 2 - Councilmember Bunker and Vice Mayor Beckman
Nays: 3 - Mayor Hibbard, Councilmember Teixeira and
Councilmember Allbritton
Councilmember Allbritton moved to appoint Samuel Hutkin. The
motion was duly seconded and carried with the following vote:
Ayes: 4 - Mayor Hibbard, Councilmember Bunker, Councilmember
Teixeira and Councilmember Allbritton Nays: 1 - Vice Mayor Beckman Draft
City Council Meeting Minutes April 7, 2022
Page 23 City of Clearwater
11. City Attorney Reports – None. 12. Other Council Action
12.1 Continuum of Care Update - Councilmember Beckman
The Council recessed from 7:54 p.m. to 8:02 p.m.
Vice Mayor Beckman provided information regarding the Homeless
Leadership Alliance of Pinellas and her role on the Continuum of Care
Executive Committee. She provided an overview of the homeless crisis
response system in Pinellas County.
13. Closing comments by Councilmembers (limited to 3 minutes)
Councilmember Teixeira said she was thrilled and honored to be elected
and serve this city.
Councilmember Bunker said Aaron Smith-Levin is a friend and his
comments tonight were unfortunate. He said he agrees that the City
cannot partner with Scientology and give them legitimacy.
Vice Mayor Beckman thanked staff and city leadership for their efforts
and participation in Neighborhoods Day. She encouraged all to visit the
Sugar Sand Festival.
Councilmember Allbritton thanked residents for allowing him to serve
another four years.
14. Closing Comments by Mayor
Mayor Hibbard reviewed recent and upcoming events. He wished
Irene McKeever and Gigi Janesek a Happy 100th Birthday. He offered his
condolences to the Figurski Family for the passing of Jerry Figurski.
Draft
City Council Meeting Minutes April 7, 2022
Page 24 City of Clearwater
15. Adjourn
The meeting adjourned at 8:40 p.m.
Mayor City of Clearwater Attest City Clerk Draft
City Council on 2022-04-07 6:00 PM
Meeting Time: 04-07-22 18:00
eComments Report
Meetings Meeting
Time
Agenda
Items
Comments Support Oppose Neutral
City Council on 2022-04-07 6:00 PM 04-07-22
18:00
821100
Sentiments for All Meetings
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Overall Sentiment
City Council on 2022-04-07 6:00 PM
04-07-22 18:00
Agenda Name Comments Support Oppose Neutral
10.3 ID#22-0336 Appoint a member to the Community Development
Board to serve as the Alternate Member for a term to expire April 30,
2026.
1100
Sentiments for All Agenda Items
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Overall Sentiment
Agenda Item: eComments for 10.3 ID#22-0336 Appoint a member to the Community Development Board to serve as the
Alternate Member for a term to expire April 30, 2026.
Overall Sentiment
Beth Davis
Location:
Submitted At: 9:05am 04-06-22
My recommendation and endorsement for Bill Jonson for this alternate seat is so easy. His reputation, wisdom,
integrity and knowledge of our city is flawless. His honor to represent all sides on every issue is constant. His
research for the facts is always on point. Please do not hesitate to approve his voice on this very important team.
He works tirelessly to represent us all.
INDIVIDUAL SPEAKER
Citizen Comment Card
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zip: 33-7()
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Presentation by:
Rudolph/Rudy Michalek
855 Bayway Blvd. #707, Clearwater Beach, Florida
City Council Meeting
4/21/22
Good Evening Mayor Hibbard, Council Members, Mr. Jennings, Mr. Margolis and City Staff,
My name is Rudolph Michalek and I live at 855 Bayway Blvd., Clearwater Beach, also known as
Clearwater Point.
This evening I want to begin with commending Mayor Hibbard's statement at the last Council meeting
noting a possible Conflict of Interest. Not only did he make an identification of a potential issue, he
consulted with our City Attorney Mr. Margolis and took a step to recuse himself, whether required or
not. In addition, he announced his actions to the Public.
Why is this important?
As I mentioned in a previous meeting, if an individual citizen, perceives a Conflict of Interest but does
not bring it up in the meeting, he cannot later get Court resolution to that Conflict.
To which, I should mention that at the Community Development Board Meeting on September 21St
2021, during my 3 minute comments when I attempted to ask a question about a potential Conflict of
Interest, I was immediately cut off by the Chairperson in a terse response before I barely had the
words out of my mouth! This action restricted my public right and eliminated any opportunity I may
have for recourse should a Conflict of Interest be identified later. Since the Council's position for
qualifying CDB members is knowledge of the codes and involvement in the trades for these
members, could there be a possible Conflict of Interest?
Mr. Margolis, I would ask that you look into a Citizen's Right to ask about Conflict of Interest to City
Boards and Committees.
Additionally, when the (2019) Charter Review Committee was looking at changes, a Conflict of
Interest proposal (attached for you here) was submitted but never cleared the Committee. I won't
mention why.
It is time for the City Council with Misters Margolis and Jennings to bring more substance to our City
of Clearwater's Conflict of Interest Policy and strengthen it from the milk toast version set up by the
State. It should apply not just to Council Members, but also City Boards, Committees and Staff.
Follow Mayor Hibbard's example of transparency and integrity.
Thank you.
MEMORANDUM
Date: May 8, 2019
To: Clearwater Charter Review Committee Members
From: Rudolph (Rudy) and Christine (Chris) Michalek
Clearwater Point
855 Bayway Boulevard # 707,
Clearwater Beach, Honda 33767
rudy.chris@sbcglobai.nt
Background:
Historically, within our professional and volunteer work with non-profit organizations, we have been asked to
sign a Conflict of Interest form. Therefore, as residents of Clearwater Point and in preparation for our Public
Hearings with the Clearwater Oty Council regarding the allocation of 27 Units to Decade Properties with the
intent of razing Chart House Suites and the future construction of a hotel on that site, we asked if our city
leaders were required to abide by a Conflict of Interest Policy. To that end, we became aware of the following:
The Florida League of Cities sent the following response: "Ifa city has induded a provision in its charter or
adopted a uequirernerntby ordinarxe a rornfliat ofiuitemst policy world be necessary. Absent that type of
requirement however, all municipalities are bound by state law, and conflicts ofinterest are spe fieri in
Chapter 112, Florida Sibt es This means it applies to all local governments and their elected officials: You
can find all statutes at www./ea, fi us along with the FL Constitution and House and .Senate
The Gearwater City Attorney's office shared that currently the Oty does not have a Conflict of Interest Policy
induded in the City Charter and does abide by Florida state statute. Continuing, ]Delle Casteifi shared that:
The City Couna/ does file a orating conflict when one is dedared at a cnunal meeting (as well as CRA and
Pension)."'
The Florida state statute states that "A conflict ofinterest exists ifthere is "any matter that the officer knows
would inure to his or her special private gain or loss." "Spada/ private gain or /ass` means an economic benefit
or harm that would inure to the officer, his or her relative, busines',s associate, orprinaaal, unless the measure
affects a dans that includes the officer, his or her relative, business associate, or prinapa/. "Fla. Stat Ann. §
112.3143.
Additionally, a table of 50 State Conflict of Interest Policies found at: http://www.ncsLorg/research/ethics/50-
state-table-conflict-of-interest-definitions.aspx, expands the definition from state by state to include items
beyond economic gain: "The range ofcircumstances that could create a conflict are too numerous in provide a
list for each possable scenario Genera/ definitions help fill in the ararks left between more speafic rules of
conduct Each state and territory provides a definition ofa conflict ofinterest" The site provides a table of
each state with their current Conflict of Interest Policy.
Request of the Clearwater Charter Review Committee
We are recommending that the Charter Review Committee draft and indude a broadly defined, i.e., beyond
solely economic gain" City of Clearwater Conflict of Interest Policy in the revised City Chart-.
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-0401
Agenda Date: 5/5/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Gas System
Agenda Number: 7.1
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 5/3/2022
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 CompanyPO 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#22-0342
Agenda Date: 5/5/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 7.2
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 5/3/2022
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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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 Material
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 24/30 600/750 430 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/ 600/750 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
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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
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Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-0354
Agenda Date: 5/5/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Parks & Recreation
Agenda Number: 7.3
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 5/3/2022
File Number: ID#22-0354
Page 2 City of Clearwater Printed on 5/3/2022
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: 5/5/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Police Department
Agenda Number: 7.4
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 5/3/2022
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 5/3/2022
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-0372
Agenda Date: 5/5/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.5
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 5/3/2022
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: 5/5/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.6
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 $127,590.00
Funds are available in capital improvement project C2005, Underground Refuse, to fund this
change order.
Page 1 City of Clearwater Printed on 5/3/2022
Ratify & Confirm Change Order 3 & Final Date: March 30, 2022
PROJECT:PROJECT NUMBER: 19-0003-SW
NORD Underground Refuse
PURCHASE ORDER:20000220
CONTRACTOR: COUNCIL AWARD: October 16, 2019
Biltmore Construction Co. Inc. CONTRACT DATE:October 17, 2019
1055 Ponce De Leon Blvd.
Belleair, FL 33756 CODE: 3247324-563800-C2005
SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT
STATEMENT OF CONTRACT AMOUNT ACCEPTED BY:
Biltmore Construction Co., Inc.
ORIGINAL CONTRACT AMOUNT 650,500.00$
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: 5/5/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.7
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 5/3/2022
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
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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.
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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.
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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.
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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
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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: 5/5/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.8
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 5/3/2022
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
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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.
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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.
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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
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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
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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.
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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
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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.
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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:
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RCW Booster Stations901 N. Saturn Ave
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RCW Booster Stations421 N. McMullen Booth
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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: 5/5/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.9
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 5/3/2022
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:
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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.
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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
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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
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• 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: 5/5/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Engineering Department
Agenda Number: 7.10
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 5/3/2022
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: ID#22-0273
Agenda Date: 5/5/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Marine & Aviation
Agenda Number: 7.11
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 5/3/2022
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-0183
Agenda Date: 5/5/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Public Utilities
Agenda Number: 7.12
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 5/3/2022
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: 5/5/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 7.13
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 5/3/2022
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 5/3/2022
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-0439
Agenda Date: 5/5/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 7.14
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 5/3/2022
File Number: ID#22-0439
Page 2 City of Clearwater Printed on 5/3/2022
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ID#22-0437
Agenda Date: 5/5/2022 Status: Consent AgendaVersion: 1
File Type: Action ItemIn Control: Official Records & Legislative Services
Agenda Number: 7.15
SUBJECT/RECOMMENDATION:
Appoint Kelly Kelly with a term to expire May 31, 2026 and Angela Tisdale to fill the remainder of
an unexpired term through July 31, 2024 to the Parks and Recreation Advisory Board.
(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 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
Page 1 City of Clearwater Printed on 5/3/2022
File Number: ID#22-0437
2.Kelly S. Kelly - 1451 Sandy Lane, 33755 - Security Company Owner/Journalist
3.Angela Tisdale - 607 Marshall Street, 33755 - Business Owner
Zip codes of current members on board:
1 at 33755
2 at 33761
2 at 33765
Page 2 City of Clearwater Printed on 5/3/2022
Cover Memo
City of Clearwater Main Library - Council
Chambers
100 N. Osceola Avenue
Clearwater, FL 33755
File Number: ORD 9571-22
Agenda Date: 5/5/2022 Status: Public HearingVersion: 1
File Type: OrdinanceIn Control: Engineering Department
Agenda Number: 8.1
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 5/3/2022
[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: LUP2022-02002
Agenda Date: 5/5/2022 Status: Public HearingVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 8.2
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 5/3/2022
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 5/3/2022
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
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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
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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: ANX2021-12020c
Agenda Date: 5/5/2022 Status: Public HearingVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 8.3
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 5/3/2022
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 5/3/2022
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 5/3/2022
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: REZ2022-02002
Agenda Date: 5/5/2022 Status: Quasi-JudicialVersion: 1
File Type: Planning CaseIn Control: Planning & Development
Agenda Number: 9.1
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 5/3/2022
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 5/3/2022
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
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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
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515 804612711510
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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: 9549-22 2nd rdg
Agenda Date: 5/5/2022 Status: Second ReadingVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 10.1
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 5/3/2022
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: 5/5/2022 Status: Second ReadingVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 10.2
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 5/3/2022
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: 5/5/2022 Status: Second ReadingVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 10.3
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 5/3/2022
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: 5/5/2022 Status: Second ReadingVersion: 1
File Type: OrdinanceIn Control: Legal Department
Agenda Number: 10.4
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 5/3/2022
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#22-0449
Agenda Date: 5/5/2022 Status: City Manager ReportVersion: 1
File Type: Action ItemIn Control: City Manager's Office
Agenda Number: 11.1
SUBJECT/RECOMMENDATION:
Direct the City Manager to move forward with the surplus and bid process to sell/lease the Bluff
properties and direct the City Attorney to prepare referendum questions regarding the
sale/lease of the Bluff properties for the November election.
SUMMARY:
Page 1 City of Clearwater Printed on 5/3/2022