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02/21/2008 City Council Agenda Location: Council Chambers - City Hall Date: 2/21/2008- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (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 three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty 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 beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Oaths of Office administered to Councilmembers Cretekos and Doran and Mayor Hibbard ~ Attachments 4.2 Service A wards ~ Attachments 4.3 Harborview Update ~ Attachments 4.4 Cleveland Street District Sculpture Rotating Exhibitions - Margo Walbolt, Chris Hubbard ~ Attachments 5. Approval of Minutes 5.1 Approve the minutes of the February 7, 2008 City Council Meeting as submitted in written summation by the City Clerk. ~ Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7.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 7.1 Establish the 2008 Affordable Housing Inventory List pursuant to requirements of Chapter 166.0451, Florida Statutes, adopt Resolution 08-01 and authorize the appropriate officials to execute same. ~ Attachments 7.2 Approve the applicant's request to vacate the 5-foot utility easement that lies adjacent to the north property lines of Lots 1 and 4, Block 41A, Mandalay Subdivision, (a.k.a. 870 Bay Esplanade), and pass Ordinance 7912-08 on first reading, (V AC2008-01 Greenberg), ~ Attachments 8. Second Readings - Public Hearing 8.1 Adopt Ordinance Number 7870-07 on second reading, amending the Comprehensive Plan by amending the future land use, intergoverumental coordination, and capital improvements elements, and by creating a new public school facilities element to establish the specific ways in which the plans and processes of the district School Board and local goveruments are to be coordinated, to address the requirements in Section 163.3180(13), Florida Statutes, regarding school concurrency, to provide a uniform system of free public schools on a countywide basis and to implement the land use authority of local goveruments, including their authority to approve or deny Comprehensive Plan amendments and development orders, and to establish a uniform public school facilities element and land development regulations to assist the parties in assuring that sufficient capacity is available for new and existing students in school facilities. ~ Attachments City Manager Reports 9. Consent Agenda 9.1 Approve a 30-year, 3 percent interest loan with five years of deferred interest to Habitat For Humanity of Pinellas County for the Stevens Creek Project in the amount of $600,000 to acquire real property that will be used to build new single-family homes for low to moderate-income families, and authorize appropriate officials to execute same. (consent) ~ Attachments 9.2 Declare the list of vehicles and equipment surplus to the needs of the city and authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida, and authorize the appropriate officials to execute same. (consent) ~ Attachments 9.3 Approve a contract with Extensys, Inc., Palm Harbor, FL, in the amount of $470,000 for the acquisition of network equipment, in accordance with Sec. 2.561 (10 (d), Code of Ordinances - Florida State Contract; authorize lease purchase under the City's Master Lease Purchase Agreement and appropriate officials to execute same. (consent) @ Attachments 9.4 Approve a five-year agreement from December 1,2007 - November 30,2012, between the City of Clearwater and the Boys and Girls Club Inc., for the use and supervision of the Wood Valley Recreation Center, with an option to renew for three additional periods of five years and authorize the appropriate officials to execute same. (consent) @ Attachments 9.5 Approve Agreement between the School Board of Pinellas County and the City of Clearwater for a term from July 2008 through July 2009 for the City to use Pinellas County School buses at a cost of $1.00 per mile plus $19.20 per hour, for a total estimated cost of $50,000 and authorize the appropriate officials to execute same. (consent) ~ Attachments 9.6 Award a contract to Reynolds Inliner, LLC, in the amount of $350,000 for the repair and rehabilitation of stormwater pipelines using a Resin Impregnated Cured In Place Pipe (RICIPP) slip lining method at various locations throughout the City of Clearwater, and that the appropriate officials be authorized to execute same. (consent) @ Attachments 9.7 Accept a 15-foot Drainage and Utility Easement over, across and under a portion of the Northeast 1/4 of Section 2, Township 29 South, Range 15 East, conveyed by The Union Street United Methodist Church, a Florida not-for-profit corporation, given in consideration ofreceipt of $1.00 and the benefits to be derived therefrom. (consent) ~ Attachments 9.8 Approve the 2008 Federal Legislative Package. (consent) ~ Attachments 9.9 Continue appointments to the Municipal Code Enforcement Board to March 6, 2008. (consent) ~ Attachments Miscellaneous Reports and Items 10. City Manager Verbal Reports 10.1 City Manager Verbal Reports ~ Attachments 11. Council Discussion Items 11.1 Dock Ordinance - Councilmember Gibson ~ Attachments 11.2 Parking Garage on the Beach - Councilmember Gibson ~ Attachments 11.3 Public Outreach Meetings - Councilmember Gibson ~ Attachments 12. Other Council Action 12.1 Other Council Action ~ Attachments 13. Adjourn City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Oaths of Office administered to Councilmembers Cretekos and Doran and Mayor Hibbard SUMMARY: Meeting Date:2/21/2008 Review Approval: 1) Clerk Cover Memo Item # 1 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Service Awards SUMMARY: 5 Years of Service Bennett Elbo Judith A. LaCosse Edward A. O'Neal Vance A. Peel Marlene M. Torres Timothy N. Murch Matthew McCombs Alexis R. Wells 10 Years of Service Keith W. Downs 20 Years of Service Gary L. Angell Deborah A. Storey Robert J. Surette Alan R. Whitacre Debora A. Kendall Joseph H. Assed Laura J. Burgess David A. Taggart Engineering Official Records Solid Waste Solid Waste/General ServicesIFleet Solid Waste/Bldg. & Maint. Marine Solid Waste/General ServicesIFleet Parks & Recreation Gas Public Services Police Legal Police Parks & Recreation Public Utilities Parks & Recreation Engineering Review Approval: 1) Clerk Meeting Date:2/21/2008 Cover Memo Item # 2 SUBJECT / RECOMMENDATION: Harborview Update SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date:2/21/2008 Review Approval: 1) Clerk Cover Memo Item # 3 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Cleveland Street District Sculpture Rotating Exhibitions - Margo Walbolt, Chris Hubbard SUMMARY: Meeting Date:2/21/2008 Review Approval: 1) Clerk Cover Memo Item # 4 (1) C) tn I: .J: .J: .J: .J: ca .... .J: .... .... .... I: .... I: .... I: I: .J: 0 I: 0 0 0 .... E 0 E E E I: E 0 CO ~ ~ ~ E ~ M V M I I N N I ~ N (1) I: tn ~ 0 .- ca .... .J: tn (.) I: .- (1) 0 .- a.. ~ ~ .... - .- ca <C (1) .... ca C) ca - tn - - I: - C. ca 0 - .- ~ ca tn .... I: .... tn .... .... .- I: - 0 tn C I: - ca ca ~ I: .- - () - a.. <C Meeting Date:2/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the minutes of the February 7, 2008 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 5 Attachment number 1 Page 1 of 7 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER February 7,2008 Unapproved Present: Frank Hibbard John Doran Carlen Petersen George N. Cretekos Paul Gibson Mayor Vice-Mayor Councilmember Councilmember Councilmember Also present: William B. Horne II Jill S. Silverboard Rod Irwin Pamela K. Akin Mary K. Diana Patricia O. Sullivan City Manager Assistant City Manager Assistant City Manager City Attorney Assistant City Clerk Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Father Raphael Kilumanga of St. Cecelia Catholic Church. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 4 - Presentations: 4.1 Proclamation: ClerQY Appreciation Week: February 3 - 8, 2008 4.2 Rotary Club presents plaque to City of Clearwater 4.3 NeiQhborhood of the Quarter, Home of the Quarter and Business of the Quarter, Winter Awards. Presented Neighborhood of the Quarter Award to Edgewater Drive Neighborhood; Home of Quarter awards to James & Luanne Hammond - 301 N. Pegasus Avenue, David & Sherri Kelly - 416 N. Lincoln Avenue, Deborah Hammack - 10 N. Pegasus Avenue, and Ray & Gerda Massieu - 817 Bruce Avenue and Winter 2007/08 Business Beautification Recognition Award to Achieva Credit Union - 1499 Gulf-to-Bay Boulevard. 4.4 Update on Chi Chi Rodriquez Foundation - Tom James Tom James reviewed Chi Chi Rodriguez Foundation's efforts to assist at-risk children. 5 - Approval of Minutes 5.1 Approve the minutes of the January 17, 2008 City Council MeetinQ as submitted in written summation by the City Clerk. Council 2008-02-07 1 Item # 5 Attachment number 1 Page 2 of 7 Councilmember Petersen moved to approve the minutes of the January 17, 2008, City Council Meeting as recorded and submitted in written summation by the City Clerk to each Councilmember. The motion was duly seconded and carried unanimously. 6 - Citizens to be Heard re Items Not on the Agenda Dean Falk supported retaining a Police Substation in the N. Ft. Harrison area. Steve Sarnoff, Communications Workers of America representative, expressed concerns regarding consequences associated with passage of Amendment 1. Public Hearings - Not before 6:00 p.m. 7 - Second Readings - Public Hearing 7.1 Adopt Ordinance 7910-08 on second readinQ, annexinQ certain real property at a Qeneral site location with the post office address of 2530 Sunset Point Road, into the corporate limits of the city and redefininQ the boundary lines of the city to include said addition. Ordinance 7910-08 was presented for second reading and read by title only. Councilmember Cretekos moved to pass and adopt Ordinance 7910-08 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. 7.2 Adopt Ordinance 7911-08 on second readinQ, vacatinQ the drainaQe and utility easement describes as a portion of Lot 2, Block A Lokey Subdivision and a portion of Lot 1, Sever Park. Ordinance 7911-08 was presented for second reading and read by title only. Councilmember Gibson moved to pass and adopt Ordinance 7911-08 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Doran, Petersen, Cretekos, Gibson, and Hibbard. "Nays": None. City Manager Reports 8 - Consent Agenda- Approved as submitted 8.1 Award a contract to Pinellas County Solid Waste in the amount of $180,000 for the disposal of solid waste at the Pinellas County waste to enerQY plant/landfill for the period February 07, 2008 throuQh February 06, 2009 as provided in the City's Code of Ordinances, Section 2.564 (1)(d), Services provided by Other Governmental Entities, and authorize the appropriate officials to execute the same. (consent) Council 2008-02-07 2 Item # 5 Attachment number 1 Page 3 of 7 8.2 Appoint Anna M. Fusari to the Environmental Advisory Board with the term expirinQ on February 28,2012. (consent) Councilmember Doran moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 9 - Other items on City Manager Reports 9.1 Approve a Contract to Wannemacher Russell Architects, Inc. of St. PetersburQ, Florida in the amount of $415,375 for the desiQn and permittinQ of the MorninQside Recreation Center and approve additional fundinQ of $2,896,000 to come from either General Fund retained earninQs or Penny for Pinellas funds to be included in the FY 2008/09 capital improvement budQet. Included in the Penny for Pinellas II project list is $3.1 million to replace the existing Morningside Recreation Center, which is a 15,000 square-foot 1960s renovated restaurant and bar. The original budget for this project was established in 1997 as part of a commitment to replace three of the City's recreation centers, which had outlived their useful life. All of the centers were to be comparable to the Countryside Recreation Center and budgeted for the same amount of funds, at $2,500,000 each. Two of the three, the North Greenwood and Ross Norton Centers have been completed, as follows: 1) 2003 - North Greenwood Recreation Center - $92.47 per square foot ($2,600,055/28,117 square feet) and 2) 2005 - Ross Norton Recreation Center - $115.51 per square foot ($2,844,918/24,629 square-feet). With the passage of time and current economic issues, the cost of construction has increased over 100%. The proposed Morningside Center is estimated to cost from $175 to $225 per square foot. Due to this dramatic cost increase and the intention to construct a building comparable to other neighborhood facilities, it is estimated that an additional $2,896,000 of funding is necessary. Additional funding support can be provided from either General Fund retained earnings or Penny for Pinellas funds. Doing so would allow construction in 2009 at $200 per square foot for a 25,000 square-foot facility ($5,000,000/25,000 square feet), which is the average size of the previous two centers. The approximate balance of General Fund retained earnings is $24.1 million and the approximate balance of Penny for Pinellas funds is $4.5 million. The additional funding amount can be reduced if the facility is reduced in size. With approval of this agenda item, additional capital funds will be incorporated into the FY (Fiscal Year) 2008/09 annual operating and capital improvement budget from one of the two sources outlined above. Several community meetings already have been held with the Morningside residents and a majority has given support to the project. A design committee, including residents from the community, has been involved in the process from the beginning and will continue to provide input as the City moves forward to design. Major elements of this project will consist of a gymnasium, multi-use classroom, control station/lobby, staff offices, conference room, fitness room, restrooms, storage, circulation and mechanical/electric rooms. The new recreation center design will incorporate the existing aquatics center, which will undergo renovations while the new center is being developed. The aquatics center, playground areas and other outdoor facility renovations will be programmed from other funding sources, including a $200,000 FRDAP (Florida Recreation Development Assistance Program) grant and renewal/replacement programs. Council 2008-02-07 3 Item # 5 Attachment number 1 Page 4 of 7 The purchase order to Wannemacher Russell Architects, Inc. in the amount of $415,375 is for complete architectural services for the building including design, bidding, civil engineering, permitting, threshold inspection and fire sprinkler engineering. The City will provide landscape and irrigation plans as well as handle miscellaneous construction related costs like geotechnical services, demolition, FF&E (furniture, fixtures, & equipment) budget, permit fees, 3% project administration fees, public art fee etc. for a total estimated budget of $5,996,000. The project design schedule calls for the design, permitting, bidding and award of contract to be completed by November 2008 with construction completed by February 2010. Operating budgets and staffing levels for the new center will be determined in part by the type of programming to be offered. Any increase in operating expenses will be offset from new revenue generated at the center, increased user fees, or transfer of existing resources. The current budget for the Morningside Recreation Complex is $481,480 with 8.75 FTEs (Full-Time Equivalents). Current revenues are approximately $97,905 for a net current cost of $383,575. When completed, the projected complex operating budget at current year costs will be approximately $756,990 with 12.25 FTEs. Revenue will increase to $240,000 for a projected net cost of $516,990, which represents an additional cost of $133,415 annually. This additional cost will be covered by transferring existing resources from other operations in the Parks & Recreation Department, which would result in the reduction in hours, staff and programs at other facilities. As the design and building program for the new center develops, the architect and design committee can adjust the center's size and elements as may be necessary to control the project's estimated cost. These factors will be defined prior to the City awarding a contract for construction. In response to questions, Parks & Recreation Director Kevin Dunbar said the new facility would require additional FTEs as its size would almost double. During construction, temporary trailers and limited programming will be offered. The new structure probably would overlay the current facility's footprint. Staff had suggested combining recreation and library facilities for Council consideration at Monday's work session. Discussion ensued and it was recommended that a smaller center be designed that allows for future expansion and library decisions be delayed. Concern was expressed regarding designing a new recreation center when current facilities may have to close. Seven people spoke in support of the recreation center, with some expressing concern to increased traffic if library was added. A spreadsheet was distributed that estimated next year's budget deficits will exceed $9.2 million. Concern was expressed that legislation may further exacerbate deficits. Councilmember Doran moved to continue Item 9.1 to a date uncertain. The motion was duly seconded. Staff was directed to evaluate and report what can be done with the current facility. Council 2008-02-07 4 Item # 5 Attachment number 1 Page 5 of 7 Upon the vote being taken, Councilmembers Doran, Petersen, and Gibson and Mayor Hibbard voted "Aye"; Councilmember Cretekos voted "Nay." Motion carried. 9.2 Approve Tampa Bay Partnership Memorandum of UnderstandinQ. The Tampa Bay Partnership (TBP) and the Economic Development Organizations (EDOs) in the seven-county Tampa Bay region have recognized the strength and successes of regional collaboration and cooperation and have become partners in the process of shaping Tampa Bay's economy and ultimately, our quality of life. It is the intent of this document to reflect a new environment for regional economic development in the Tampa Bay region. The Tampa Bay Partnership and its economic development partners understand the need for a regional business development program that identifies, coordinates, and pursues significant opportunities to enhance and grow key sectors through business attraction/expansion and policy/infrastructure/resource development. This memorandum identifies the scope of the partnership between the TBP and the EDOs. This document is neither all-inclusive nor legally binding, rather a document offering guidelines for the process of developing and sustaining mutually understood roles and responsibilities for the TBP and individual EDOs as a new way of doing regional economic development is created. The City has participated at the $50,000 Council of Governors Level since TBPs inception. This cost currently is budgeted in the Economic Development and Housing Department's budget. Economic Development & Housing Director Geri Campos Lopez said investment levels are $50,000 and $10,000. Economic Development Partners at the $50,000 level have key leadership roles on the following decision-making boards not available at the lower level: Council of Governors/Economic Development Advisor, Policy Board/Board of Directors, Public Policy/Advocacy Council Member and Economic Development Partners Council. Councilmember Doran moved to approve the Tampa Bay Partnership Memorandum Of Understanding. The motion was duly seconded. Councilmembers Doran, Petersen and Cretekos and Mayor Hibbard voted "Aye"; Councilmember Gibson voted "Nay." Motion carried. 9.3 Appoint one member to the Community Development Board with the term expirinQ on February 28,2012. Councilmember Doran moved to appoint Richard Adelson. The motion was duly seconded and carried unanimously. 9.4 Appoint one member to the Municipal Code Enforcement Board with the term expirinQ on February 28, 2011. Consensus was to continue Item 9.4 to February 21, 2008. Council 2008-02-07 5 Item # 5 Attachment number 1 Page 6 of 7 Miscellaneous Reports and Items 10 - City Manager Verbal Reports 10.1 Take Home Vehicle Report In response to questions, Police Chief Sid Klein reviewed how an hour of daily patrol duty is lost when police officers without Take Home Vehicles transition in/out of assigned vehicles. Emergency responses and equipment vary according to officer's expertise. Fire Chief Jamie Geer expressed concern regarding reducing policy boundaries. Discussion ensued regarding Police Department Take Home Vehicles, efficiencies and competitive issues. A compromise position and parity with Sheriff charges were supported. It was clarified commuting costs were the issue and there be no charge when responding to emergency situations. One person supported policy that required city reimbursement rate at twenty-nine cents per mile. One person opposed changing current Police Department policy. Councilmember Doran moved to adopt a policy that Police Department personnel assigned THVs pay $0.29/mile for their daily commute, less the first 15 miles each way, from police department headquarters at 645 Pierce Boulevard to home. The motion was duly seconded and carried unanimously. Consensus was for these policy changes also to apply to the Fire Department. 11 - Other Council Action Councilmembers reported on events in which they recently participated and reviewed upcoming events; congratulated this year's Mrs. Clearwater, Holly Duncan. Councilmember Gibson discussed a forecast of increasingly large deficits that will result from dropping property values. Councilmember Doran recommended staff report on red light camera ordinances enacted elsewhere in Florida. Consensus was for the City Attorney to report on operations in other jurisdictions, success rates, associated costs, and appropriate intersections in the City. Councilmember Cretekos requested that a panhandling ordinance be developed for tourist areas. Consensus was for the City Attorney to issue a memorandum regarding constraints on a panhandling ordinance and areas that could be targeted. Mayor Hibbard reported the Mayors' Council had discussed the dock ordinance; no other municipality reported issues similar to Mandalay Channel. He requested citizens remove remaining election signage. Council 2008-02-07 6 Item # 5 Councilmember Petersen encouraged participation at Pinellas Hope Village. 12 - Adjourn The meeting adjourned at 9:17 p.m. Attachment number 1 Page 7 of 7 Mayor City of Clearwater Attest: City Clerk Council 2008-02-07 7 Item # 5 Meeting Date:2/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Establish the 2008 Affordable Housing Inventory List pursuant to requirements of Chapter 166.0451, Florida Statutes, adopt Resolution 08-01 and authorize the appropriate officials to execute same. SUMMARY: The 2006 Legislature amended Chapter 166, Florida Statutes, adding Section 166.0451 entitled "Disposition of municipal property for affordable housing." Section (1) of the statutory amendment requires that every three years each municipality prepare an inventory list of all real property within its jurisdiction to which the municipality holds fee simple title that is appropriate for use as affordable housing. The statute further requires that the inventory list include the address and legal description of each such property, and specify whether the property is vacant or improved. The governing body of each municipality must review the proposed affordable housing inventory list at a public hearing, and may revise the list at the conclusion of the hearing. Following the public hearing the local governing body must adopt a resolution that includes an inventory list of such property deemed appropriate for affordable housing development. Review Approval: 1) Clerk Cover Memo Item # 6 N W~E Attachment number 1 Page 1 of 8 LOCATOR MAP 2008 Citywide Affordable Housing Inventory Parcels s 0 750 1,500 . 3,000 Feet """" ) " "","' / \~~t .';:;Y;';" h /.~~ ~ l-! ..~~ L _ ! /' ( / r;' (.1-- "" m ","," ~ ::;"{"":"';::; - _ I f~ - ""","""[.""" ~ ~- \>" ,-"J ( TiJj-\ cfl- 1- : ~I SJ fr- ~1:~~ If /LJ o ............."."./.."'/..... ~ - ~)/ =~ ~~ ~/// G l:i..(t';;A JU ~!'!:r lyhYJ i-+ / ~70~ ~..... e, ~ Ii ! - I I ! C) ~ -- ; -- 2'P -=:: "/. , ;:,::; , " ~ - ~? "---- - - ~ 0 0 r----- ~ " 0 ;;>;,.:";"."": >; I 0 - I -~ L ~~ 0 0 ~!"":",."""":"' D "f'I '/ =iJ ~ ~ ~ ~ ~ L :'I.;;::!r'/:~ @ J :~J ~1:!';:;;;:rr ;';:.]. ( 81 r j811i ( ,~3': & ~ 81 WZIZl K> I til / ~~~~~ /b @1( J~ t!tJ ~rl D~ /;'c':''':::::.r': C:';: 1J ~ ~;'fW!' ~D ~ \ 'r31\? ~ db c::: . .. .....:>m LJ :':":""": '"""" '.>" ,":;"."" -,: c,; 'r l = " '---- " ~ \\ '( "" -or_" \/ L ~ " 0' i~'" DI /C~-l;. 8~.... \1 ~~ ~ I I ~ I 26~~ ",-;; I III I II n C? 0 -I 1 f---o I ,0 L G ==u~ ~ II _ ji , "":"',""""':":""": '". ., ~ 0j: ~"}{f =- ~ rm -.11! 0--1 "'n~ ~! ..... ~ ,. i:: ~;',;{,/:', ~ I--"' Itpm it a. I LOCATOR MAP City Parcels No. 81. 86 Twenty-three parcels. vicinity of Gould & Madison. Pierce St. Attachment number 1 Page 2 of 8 _ ___~____l_l_~________ I - -;T--r--T--T--r-T-- ------------------- __~ 11 1 13 1 15 1 17 1 19 1 21 8 1--~-+-1--~--t- --I 10 112 1 14 1 16 118 120 9 1 1 1 1 1 1 100 ---~_~__ _L_~_L_ Iii 2 2 0) 321 0 404 45 60 406 405 - 406 ,J 1 1 1 85 1 1 1 I 1 5 1 4 3 1 2 ~ 1 314 1 1 1 1 1 Iii 4 6 PARCELS 3 3 1025 8 45 1019 9 iil PARCEL SUMMARY N w-</- E ; 50 100 , 200 Feet Properties: Improved Vacant s City Atlas Page: Parcell.D. No.: Legal Description: Dimensions: Zoning: Acquired: Purchase Price: Owner Fund: Comments: 287A Multiple - In Section 15, Township 29 South, Range 15 East Multiple -In subdivisions 21690,58338,65214 Vary Downtown Commercial 1919-1992 Total - $1,268,785 (Many parcels improved at time of purchase) 901 - General Fund Portion of "East End" parcels purchased in 1980's/1990's pursuant t9tgl-?Jru 6 to assemble approximately 40 acres for area redevelopment. LOCATOR MAP City Parcel No. 113 1166 Engman Street =-- U HUO 24 25 26 2,T 2829 30 31 32 ------ EI~ ~. I@~ I~ ~ EI~ ~ ~ m m '" 1410 ------1 JCfUJ. 15 1406 7 1 ------j 20 118 16 8 1 1 ~ 1 ~.. ~ -----1 - 1 :' 9 1 1 60 i ~ 8.~ 7E ...~ 4 ~ 3 ~ 0 ~ 9 I, ;;;~ ( C 10 18310 ~I 5 1 ~6 27 28 29 0 1 31:;2 rr::t IE 1 SI~. ~. E ~,IIEE -~~~4 IL 1134 iil R. .'Z'Zr::. . ~.... ~i 3~~~ ~ ... " 1 1 2 1 6 60 1 4 1 1 1 8 11302 "190 190 " r, . ~ . ~. ~ ~ ~ ,~ B E 2,} E : ~ ..~ 28 25 24 23' 22 21 20 19 h((~ 16 15 114 13, 12 I ~ 41'0 142 ~ 43~ 4'\v 45 ~ 47 ~ ~8~4g 5~ 5!:< ~2 ~ 53 ~ 54;:: 55 :: 1 ;: :::::':: ", E :::::: . ;i: ; E ~. B.~ ~ ~~IE ..~ ~E E 26 25 24 23 22 21 20 19 '1:; (~16 15 14 13 p:::::; 41 14~ 4~ 144~~' 46 47~14~ ~ I~ 51E52c53 154~5~ 56 ~ .., E ~ ~ 26' 25 24 23 22 21 4i 14~ 43@ 144~ 15 46 I A 'ZAI r:: r::T BLUFF ~ PARCEL SUMMARY City Atlas Page: Parcell.D. No.: Legal Description: Dimensions: Zoning: Acquired: Purchase Price: Owner Fund: Comments: ~ i'! ~ I: : ~ : 4L 211@1 60 560 J6'li'; 0< 00 63 ~ 65 ~ ~'.~~. 1;: "~ ~ .~ ~ i I, .~~I<~M~35 T 'r i~ ~ I.~ I~. ~ I~ i', 120 19 18/;~ LF ~ ~ 12 11 10' 9 8 7 6 5 4 II E16 :15 14 13 f:::::::'/ ~ 48 '0", '" "~fJL 0) 3 9i54 ,5:!' 1:06 ~7 58 59 64 ;:: ::: .::: :: i: . ~ I~ ;. ~"~ ;0 ;;;. " I A 'ZAI I r:: r::T ~ J ~ ~ I ~. 1 12 11 110 9 8 I'; 1 6 1 1 12 3 1 ~ (i 6 ~ - 1<PARCEL 1201 .~... ~ 5 3 11 2 1 1 .- 0< 62 :3:3~'6 6~ 64165 66 ! ~ 60 " ST " :i5 1 1 i2 " '> 2 1039 3 1033 4 103.1 5 1029~ " 1~! T 2 i 3 I 1 I 4 I 1 5 ! 1~45 1139 40 ;~~ --i-:"':'~--- 23 Q 1043 1U44 ~ 1041 1044 36"5 2 1042 3 1036 ~ 4 103.2 5 1028 ~ 6(S) 21 103.4 1035 1031 20 1029 N w-</- E ; Attachment number 1 Page 3 of 8 E) 17 Ac 50 100 , 200 Feet Legend Properties: Improved Vacant s 269A 10-29-15-33552-004-0660 GREENWOOD PARK NO.2, Block D, Lot 66 25' X 91' MDR Tax Deed - 5/22/1964 $85.00 901 - General Fund Small lot. Meets minimum MDR lot area of 3000-5000 SF required for a detached dwelling. Item # 6 LOCATOR MAP City Parcel No. 257 600 block. N Missouri Avenue Attachment number 1 Page 4 of 8 I I .~ .~ ~ ~I :cr I 801 ~ 10 I 14.2 :;i I ~ !:. E <~ ~.. ~ 2 8 12 ~ 8 g 1 I 706 4 5 0 9 12 706 5 707 IjJ PARCEL 700 3 6 7 10 11 ... I 701 CD 4 .~. I 14.2 " ~ ~ 3 0608 :!' 1=1 nRlnr::1= 1143 0 CD 0 G) 0 V) I;: ~ ~ ~ I~ .~.. !~ ~. ~ 600 ~-~-~-~~ --------- ---- --- --_.~-~-_._~ ------------- i3 G) 1 2 4 5 7 8 01 1 604 I 6 ~I 65 60 I 8 :/: 65 ~15 $15 65 517 65 I 516 517 516 65 M~ 12 11 12 11 11 517 514 515 512 12 11 514 510 510 50.9 I 510 511< 13 10 13 10 13 10 13 10 510 511 0 505. @ 1-" 14 505 505 Vr~9 504 505 €j)9 14 9 14 14 506 507 " ::/ 15 8 500 ~iIi 15 5110 fl 503 500 503 502 505 8 15 8 15 8 ~ ..." . 10 4/7 4/0 417 16 7 ~ 416 419 417 16 7 ~ 16 I 7 7 416 17 6 : 412 413 412 41iJ 412 415 406 17 6 17 I 6 17 6 415 ... I 4 5 1 2 3 4 5 1 2 3 4 5 I 1 I 3 4 5 1 400 I - 17r .404 .. 1 I ~ E .~. ~.. ~ .~ 18414 ...~ ~ I ~. ~. ;~ .~ I 400 401 PARCEL SUMMARY N w-</- E ; 50 100 , 200 Feet Legend Properties: Improved Vacant s City Atlas Page: Parcell.D. No.: Legal Description: Dimensions: Zoning: Acquired: Purchase Price: Owner Fund: Comments: 278A 1 0-29-15-59796-003-0003 NEW COUNTRY CLUB ADD., Block C, South 50' lying West of Section centerline 50' x 155' LMDR one of numerous parcels City purchased on 7/17/1934 for $5,000 at auction conducted pursuant to court decree to settle lawsuit. See above 901 - General Fund Abuts CSX rail right-of-way on the south. Item # 6 City Atlas Page: 314A Parcell.D. No.: 22-29-15-0000-320-1300 s Legal Description: Commence at the NW Cor. of S. Greenwood Ave. & Woodlawn St.; then run N 320' to the Point of Beginning; then W 260.4'; then N 225'; then E 260.4'; then S 225' to the Point of Beginning. 1.3448 Acres, more or less MDR 12/12/1995 $84,000 181 -Infill Housing (1996) At time of purchase property was intended for development of 7 single-family homes for low/moderate income housing. Item # 6 8 20.53 Ac 0) @8 :il ~ ~_~_ _-1..___ 40 _~_5J..._ --2-_J...5!!...4 __QQ_ _;L 49 4 ~~1-3~_ _L__ 47 6 1508 PARCEL SUMMARY Dimensions: Zoning: Acquired: Purchase Price: Owner Fund: Comments: LOCATOR MAP City Parcel No. 262 1454 S. Martin Luther King. Jr. Ave. Attachment number 1 Page 5 of 8 14350) 1426 1 PARCEL 1449 1450 j56: 1:::5 I 8 3.96 Ac 8 1475 1.15 Ac 1498 60 ~ ~ ~ ~ :il __~~_--1___ 40 51 Q) I 2 -==:=I~f~~~ __~_-.l_2___ 47 I 6 1510 50 ---~- __..i<L 1511 47 40 ___L 42 ~500 _-1__ 04 __2_ 6 N w-</- E ; Legend Properties: Improved Vacant 50 100 , 200 Feet LOCATOR MAP City Parcel No. 266 918 Palmetto Street Attachment number 1 Page 6 of 8 '(I I 16 5 4 3 2 1 \.!)I I I flU! ~ - ~ I~ 1103 "'I';:' I I 11!W I 13 103 3 1106 116135;: II I I I I 349 ~.. I I 1105 ~ - ~ II 1104 " 1105 ,10 I I 11020 14 2 I 22 21 20 19 18 17 23 24 ~ 26 128 129 110315 I r-- Ifl I 27 I I I 1 ED G1 45 ! li 110$ 11 I I i i~' .'~ ~ i~ .~ ~ I I '<5 40 ''\CV112 ii.~ .~ 1101 1100 I I , .... I I 33 :;; PALM BLUFF ST :;; 1007 G) ~IJ~IJ ~r13 1~ I I~I~ 1 ~q c1J ~ ~ ~1014 45 I i 7 ~~ ~5 :0 (, 1 ~ :~Jr~)12~hj ~5 36 @~05 :9il 2 ~m1 ~ ~1012 :' 0 0 ~ 1~ 1022 ~ o 0 " JURGENS ST " (2) ~(~<~'I I~OGJ (!j3A 32 101 2~ ,jgi; 40 1017 I _~ ~ ~ g~ 1 1010 G) (0 tdr. 111 5 : I 3 45 10 r----./ ~'. ~I <0 A tBLQGK"" ~6 7 6 2 g 50 3 tR"ISGAfEC5 C 6 1008 I & ~ ~3~ 2 1 100 I j 1007j '" I )~ ~ ;; ; V) 50 I 6g Fm~ i-108 4 1;;---- ~ ,590E M! 45000 ST 1008 I Y' ~ 10C " " I ~ 14 ""j 1006 I ~~ 1~~ ~ ~~ 3 i'3 METTO )2 - g g 5 I 1902 68 40 '~.'" 10C I 4 ~ 1 1004 G 9 8 ~ 2 Fm-i '> 1~ 7 6 6 12 6 I r 9 I 1fboo 6~ ~ 7~ 9g ~ I I 8 I 4 I 5~ ~;; '" ~ . ~ 8 1001 I 40 50 C:' 86(8) < ~ ~ - - A ~ 10 10 7 - - - - - - I I ~ 12 12 ~ ~ 40 ~d20~ ~ ';;1 60.5 6~ II I I I I ~ 911 1 910 53 1 ----';:1--J I I I I I 11 2 908 909 90 EI51431211 19 1 PARCEL 7 II I I I 907 GJ 906 907 906 ------~ I id I I 10 3 18 ~ 3 8 II 1 I I --"I ______-.J "-- __1-__,__ 9 4.... "904 905 II 4 ," "'904 I--T----,----- 17 9 II I I I I I I I I 902 II 14 11 10 7 -------11 12 113 I 14 115 116 8 5 16 II 5 902 10 I L I I I 900 I .~ ;: ~ -----~.11 '11 ....1 I 7 6 900 901 II 900 901 15 I '" 6 11 II I I I I 905 I -----_J[~~__l~j__J__ " 10 " I (..........1 .;. ------,r--'-I-~~--,- 12 II) ,'1L, 811 ~ 6 II I I I I ------,j fUUU--~:::! 20 1 -- ---- r-----~-J I I I I I 11 .11 2 809 G) 19 808 7 II I I I I , 12 2 ~~~~~~p~~~: A I ,I I 13 9, 8 _____;--11 5 I ~ 13 I 2 I 1 807 18 5.,L 3 806 I I . I 8 IL I -.l I 1 53 --~---- 805 Ii T~"1\ 9 11'.4 805 4 804 a I 60 269A 10-29-15-68346-000-0050 PENSYLVANIA SUB., Lot 5 50' x104' MDR 12/17/1997 Acquired in settlement of a judgement to foreclosure demolition & lot clearing liens. Unknown Parcel leased to Head Start as a playground for its adjoining pre-school from 2/1/2006 - 1/31/2011. lessee has first option to renew for additional 5-year terms consistent with the Charter. City may terminate with 60 days notice if required for other purposes. Item # 6 N w-</- E ; Legend PARCEL SUMMARY City Atlas Page: ParcellD. No.: Legal Description: Dimensions: Zoning: Acquired: Purchase Price: Owner Fund: Comments: 50 100 , 200 Feet Properties: Improved Vacant s g ~. .~. ~ ; ~ 60.5 10 '" I ~ ~ ~ .~ 1;; 1 410 417 ...408 28 16 2 r, (19) - 15 ~ 17 18 1 40.6 3 I I ~ 4 I ..~Of.. 10 9 8 7 ~ $. 5 ~.~ ~ ~ ~ .~.. ;2 ;(j <7 '" 1?(:) ~ "'11 310 - 317 16 308 A 2 - 15 17 18 --"-"--'~.- C 3 onR ~ 8 14 ~ 10 7 11 15 ~ ~ ~ ~ ~ ~ 11 10 7 6 ,I 'I ~ 12 9 ~ 5 I I ... ! I 10~ - - I I II I 151 17 16 ~14 18 4 5 6 7 PARCEL SUMMARY City Atlas Page: ParcellD. No.: Legal Description: Dimensions: Zoning: Acquired: Purchase Price: Owner Fund: Comments: T704 I 12 13 14 15 I' 16 I 702 I 701 ~ 111 ~ l ~. .~ ~! 700 1=1 nRlnr::1= '" c; 25Ci!1 . ~' S? 7. I .c;: I 607 :;c '" "'II I. ~ "'.:;c ---~-'-~I ~5 I 4 : 1 2 111 60 605 7 !t 1t__L_--.l~~ 603 8 Ir~o; 1.11 T 602 ----,--JI I I I P 114 ----------- ----------------- 9 II I I I I : " 601 L I I I I I 600 C J ",7 SEABOARD.... . P ;:," "b" ii)~Rl~~\ '::: g LEE ~ST g 511 505 Ig g 1 ~B02 509 1 12 ~ 3 Y' 8 507 14 0 9 . 504 I 4 6 505 ~ 5~ ~ (i) 1500 ----~~ 1 501 4 704 05 @ r-~ 6~- ~~ 10 I ;1 ~:gdf 2604 i I 602 II--~~~~~ II 60f1 :" I '" "' ~ 510 13 12 11 502 9 10 LOCATOR MAP City Parcel No. 270 1009-1011 Lee Street 705 703 5 10 701 ~ " 675 G) 12 13 '" 419 417 16 7 411~1~ l 28 --~ 409 2 7 8 407 3 ~I 10 0! 408 9 11~06 404 13 41)2 400 I;:: 1;2 415 17 6 405 1. 2 3 4 tf))4 403 5. 401 ~ ~6 ~g ST 311 ~1~: 309 ..2: 307.. ... 307 1/2 7 3 11 l~ :2 ~ ~ .~. '" ;:: CD 310 9 I 10 I 308 31211 317 20 19 ~1" I N w-</- E ; 50 100 , 200 Feet s 278A 10-29-15-72000-008-0060 PLAZA PARK, Block H, North 45' of Parcels 5 and 6 100' x45' MDR 3/25/1999 Unknown. Believe to be deeded in lieu of foreclosure. Unknown N/A 11 10 :" N ::::.~ 18 17 o 516 65 ,j05 500 410 412 :112 Attachment number 1 Page 7 of 8 V) ;;: G)G (PRIVAT 517 511 13 505 14 15 417 16 17 1 2 2 20 ..l1.S. Legend Properties: Improved Vacant Item # 6 LOCATOR MAP City Parcel No. 291 1415 Taft Avenue ", } "I"" ";1 · {"~ } /J:V ~~ .; ;!, . , : ! ,~; -. ~S~ ~;~tmJ~)" '; y. ~CI F~ - :~f6 13 1636 ::~: ::__:~::, ~ ::~I~~I::2r200i5j /~ T-:~' , ~;~'O:i ~18!5~; :ee: 7 A ))15 ::::0 ::::. e B ))"~ :::; 162,4 \::% ~ - ,JZ;I'_ -.:- 01 1~?9:-' 9 1625 5 '\ 4< , 8 16?1.:9 16 ,.1'122 ,-' /~ 161,7__,10 17 '61 "'9.: 17:__1616 1617< A .... '7 I ~ :~~!::': 1~;1 ,;!":. ':.: ,.;~ :ill:; 1) I:: '"'" . ,it; d.: 5 4 3 ~ ,1604 j~~;;l!:~1 6 " 3 ice ~)I I , 8 r 617:t;(~ ! ~ ~ I drYE I ilt PARCEL i /~0 4 Iii i ~i [~d8~/~~- Z3 Sf,.'.;: I' .~ >~ :hlll"~ I :~ 15 I l' 121114 5 6 "i.? 8 ( I 1 "'I~"" i 3111111 "" ;~\ ' ,'~ ,I j j ,!: lib "' i:; '" ,~;: ;'1 '" c.: ,.f" "" ~, I"' ~!;I;, I'"~ '"~~;t. ;:~':lltQ I~ ,. ~~'"' : ":~~":.~ '" :;7,':) :':::: :",,, ;1, ' ," 'cc;,," '"t:'/"X' j ~ili;~:~; ! ~U2/ 1 "4409 3 1410:::: f411;4, 3.[ J '411'4 3 ,--,< ;;: 'Jitt''': _'-__ ~80]~1?1')' ~,.< 1,;,.2~1~'1414 I ! 1"'07 4 <An",' :uno" , "~ ~4i I:u' 'i' [5"< n. 8 7 I:,'; 5 4 ., " 5 <' ~ .- 1408 "yy_~ 4114061 !'"TV"'J~ 4---1,fAtl I )13 4 1408 1'4G I;~~~ 130= 12 t=;1 ;~ 9 A 10~~~7 /. l>4ql4 )j'1<<16;,; '#[(3 jl.i:1'2 :)h4"~ L: ';12{( 1 )11 ~~ ~ I:' 6 1406 / '" ! 1,~ --~4"a~7' 1404 ~ :~:~ 6L~.1 [4V5" 1 6' 1404 f' 14B5,r 6 ;:4 ;:g8ii~19 20~ nt,~ 23, ~4 ~-rl'r2,~ 31: r -r--- t4Qro ~ ; Il~::, I' I_ 10 7 1402 _1~93~:i~; 7 :_t402~ r~~l : 1401 ,~9 8 1400 35 14t!1-ff" ~8--- 35 f4Vr-r- I~ 35 ;4~71 ;-:g;-: !S-,3Jm-'I;j' C!\i:ZLTON ST .,. u:; , ,JE'! u ~ <1): 1 / /i;hh' 8T 0 ~ ~:: '" 1~9 """"ii! 9:;;~ V I <--', 133. 1~ 13 12 :,0 ~ 8' '.I, ., 4: 1:.3 .,' 1 ., /i I ".'30 -~i}-I ~ f3 B '" 1'1!~[~ . ~.. J [] _ '310 ~ _ 10 (~31O i/;l /1/5130B =",-::-,,--u '2" (j@ ,;'071)--'-' ~11~"'~r u!'f'0r!~!2~28~!ID~~_l1Q r ~(! Ii '((:13)1: ~~ 14 13 A i:\:10 "', 16 15 14 A 12 11 10 9 ! ;3;i"" u,[ .,:. F',,): / j IT--i' \~ ")7 Q 2 0../ 3 __ __ __, ;j' TANGERINE ST _ IL 1134 50 ,~~f;'l/ <\1 1304::c 135 '-=-- I 1304 I 304 131. I> I '~ ,< ~i U '" (~u 4:1/-"<'<' -'-- - 3 4..u.5 7 8 1 2 3 4 .l:..::.a::.:: 7 I 8 .E' /2 I": ,,;.. ".~ " :;') .2;;, .,yl ~ 2; 'C I ~ 1r?1 ~r'2 ':F:<u<< -i ", u, T.\- ~~ '.~',<<' '..' <<,' ;<I'f': 'I ,,'< .,2,., (.Y ..' :~3,~91 .J(/) ~;302 ,~q~n \'.; 81 i ~ ;~~ 31 "c,<:9 :~8 27 "&" Ip5 24.; :'3' 22 :'1",20.__, D 16 IS 114 ,",- ,~" '1:~,.' I':~ I:.~:~i:'cs ;y ui'J'... :::>.~ ::~ ~ I!; I t :;~ j4 13, 3~ 38 i3d. 4'. 41 I., 144 ,,-', 4R I,,', ,n''-d ~ 51; 52i,l5;' 54" ~ g ENGMAN ~:t ,', !:tu> [: :\. u 1;" ,,':(j 1!if- _-'-2___1212 lii~r}i iu~:I-) I ~~f. < \ rj ~ .u u, 2 . ENGMAN /'2073 :: ::~:,u2 3,: 4 ~617 8 ~ 2 3 .~ 5 6 7 8 Z ~:~~~ :, 30 ~9Ele8~ '70J I" 2~ :~tr 21\ ;; 'U';;t335~ ~ Ice; > 12/;' (In', __.,' '-- E" 14 13 \\, ~~/ --'< I"~ 'c--/, 12054 B)) 9 1206 I ~ : < "=' Ip04' 34 3?i "." I.; 46 4~ 48 [?,C, 3,:54 1203 5 8 1204 16 15 1''-'13 12 .-11 10 91 : .1~.: 15 ~" 't.: .12. ','.,~ :-'0oo~' " u,'~ J .~' 7~ ~2Ir: "':".J __1',' : Attachment number 1 Page 8 of 8 PARCEL SUMMARY N wAE ~- , y 0 50100 200 Feet s Legend Properties: Improved Vacant City Atlas Page: ParcellD. No.: Legal Description: Dimensions: Zoning: Acquired: Purchase Price: Owner Fund: Comments: 269A 10-29-15-51948-001-0160 LINCOLN PLACE, Block 1, Lot 16 38' x 93' MDR 5/8/2001 $-0- Unknown Title conveyed to the City by Pinellas Couty as parcel escheated for non-payment of taxes Item # 6 Attachment number 2 Page 1 of 4 RESOLUTION 08-01 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DETERMINING THE CITY HOLDS FEE SIMPLE TITLE IN AND TO 29 PARCELS OF LAND LYING AND BEING SITUATE WITHIN ITS CORPORATE LIMITS THAT ARE APPROPRIATE FOR USE AS AFFORDABLE HOUSING AS DEFINED IN SECTION 166.0451, FLORIDA STATUTES; ESTABLISHING AN INVENTORY LISTING OF SAID PARCELS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 166.0451, Florida Statutes, requires that every three years each municipality within the State of Florida shall prepare an inventory list of all real property within its jurisdiction to which the municipality holds fee simple title that is appropriate for use as affordable housing; and, WHEREAS, the inventory list must include the address and legal description of each such property and specify whether the property is vacant or improved; and, WHEREAS, the governing body of the municipality must review the inventory list at a public hearing, and may revise it at the conclusion of the public hearing; and, WHEREAS, the twenty-nine (29) parcels of City-owned land described herein have been reviewed by the City Council and are considered to be appropriate for use as affordable housing; and, WHEREAS, the City Council now desires to formally establish the inventory list of real property deemed appropriate for use as affordable housing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the following twenty-eight (28) parcels of vacant land and one (1) improved parcel of land as identified in EXHIBIT "A" appended hereto are hereby determ ined to be appropriate for use as affordable housing as defined in Section 166.0451 and 420.0004, Florida Statutes. Resolution No. C1$Emh # 6 Attachment number 2 Page 2 of 4 Section 2. That the City holds fee simple title in and to all of said parcels. Section 3. That the parcels inventory list shall be titled "2008 Affordable Housing Inventory List". Section 4. That the City Clerk is hereby directed to record this Resolution in the Public Records of Pinellas County, Florida. Section 5. That this resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2008. Frank V. Hibbard, Mayor Approved as to form: Attest: Laura Lipowski, Asst. City Attorney Cynthia E. Goudeau, City Clerk 2 Resolution No. o8-oHem # 6 EXHIBIT "A" 2008 AFFORDABLE HOUSING INVENTORY LIST ADDRESS 1125 PIERCE ST. 1129 PIERCE ST. 314 S. MADISON AVE. 1132 GOULD ST. 1128 GOULD ST. 1124 GOULD ST. 1130 BROWNELL ST. 1132 BROWNELL ST. 1134 BROWNELL ST. 422 S. MADISON AVE. 418 S. MADISON AVE. 414 S. MADISON AVE. 1127 BROWNELL ST. 1133 BROWNELL ST. 1139 BROWNELL ST. 430 S. MADISON AVE. LEGAL DESCRIPTION R. H. PADGETT'S SUB. OF ORIGINAL LOTS 2 & 5, LOT 8 LESS A TRIANGLE 45.5 FT. X 65 FT. IN SW CORNER R. H. PADGETT'S SUB. OF ORIGINAL LOTS 2 & 5, LOT 9 MAC DIXSONS SUB, LOT 3 MAC DIXSONS 1 5T ADD, LOT 19 MAC DIXSONS 1 5T ADD, LOT 20 MAC DIXSONS 1 5T ADD, LOT 21 MOASE & HARRISON SUB, BLK. 1, LOT 8 MOASE & HARRISON SUB, BLK. 1, LOT 9 MOASE & HARRISON SUB, BLK. 1, LOT 10 MOASE & HARRISON SUB., BLK. 1, LOT 12 MOASE & HARRISON SUB., BLK. 1, LOT 13 MOASE & HARRISON SUB., BLK. 1, LOT 14 MOASE & HARRISON SUB., BLK. 2, LOT 8 LESS SOUTH 50 FT FOR STREET MOASE & HARRISON SUB., BLK. 2, LOT 9 LESS SOUTH 50 FEET FOR STREET MOASE & HARRISON SUB., BLK. 2, LOT 11 LESS SOUTH 50 FEET FOR STREET MOASE & HARRISON SUB., BLK. 2, LOT 12 Attachment number 2 Page 3 of 4 STATUS VACANT VACANT VACANT VACANT VACANT VACANT VACANT VACANT VACANT IMPROVED VACANT VACANT VACANT VACANT VACANT VACANT 3 Resolution No. o8-oHem # 6 Attachment number 2 Page 4 of 4 436 S. MADISON AVE. MOASE & HARRISON SUB., BLK. 2, LOT 13 VACANT LESS STREET AT SE CORNER 1162 BROWNELL ST. W. F. HUGHEY'S SUB., BLK. 1, THE WEST VACANT 2/3 OF LOT 9 AND ALL OF LOT 10 1160 BROWNELL ST. W. F. HUGHEY'S SUB., BLK. 1, LOT 11 VACANT 413 S. MADISON AVE. W. F. HUGHEY'S SUB., BLK. 1, THE NORTH VACANT 60 FEET OF LOTS 12 & 13 1159 GOULD ST. R. H. PADGETT'S SUB. OF ORIGINAL LOTS VACANT 2 & 5, LOT 16 1161 GOULD ST. R. H. PADGETT'S SUB., OF ORIGINAL LOTS VACANT 2 & 5, LOT 17 1165 GOULD ST. R. H. PADGETT'S SUB., OF ORIGINAL LOTS VACANT 2 & 5, LOT 18 1166 ENGMAN ST. GREENWOOD PARK NO.2, BLK. D, LOT 66 VACANT 601 N. MISSOURI AVE. NEW COUNTRY CLUB ADD., BLK. C, SOUTH VACANT 50 FT. LYING WEST OF SECTION CENTERLINE 1454 S. MLK, JR. AVE. COMMENCE AT THE NW CORNER OF S. MLK, VACANT JR. AVE. & WOODLAWN ST.; THEN RUN N 320 FT TOTHE POINT OF BEGINNING; THEN W 260.4 FT.; THEN N 225 FT.; THEN E 260.4 FT.; THEN S 225 FT. TO THE POINT OF BEGINNING 918 PALMETTO ST. PENNSYLVANIA SUB., LOT 5 VACANT 1009 LEE ST. PLAZA PARK, BLK. H, N 45 FT. OF LOTS 5 & 6 VACANT 1415 TAFT AVE. LINCOLN PLACE, BLK. 1, LOT 16 VACANT 4 Resolution No. o8-oHem # 6 Meeting Date:2/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the applicant's request to vacate the 5-foot utility easement that lies adjacent to the north property lines of Lots 1 and 4, Block 41A, Mandalay Subdivision, (a.k.a. 870 Bay Esplanade), and pass Ordinance 7912-08 on first reading, (V AC2008-01 Greenberg), SUMMARY: The applicant is seeking approval of the vacation request in order to create marketable title to the subject property. Currently a single family home and wood deck encroach into the subject easement. Progress Energy, Verizon, Bright House and Knology have no facilities in this easement and have no objections to the vacation request. The City of Clearwater has no utilities in the subject easement. The Engineering Department has no objections to the vacation request. Review Approval: 1) Clerk Cover Memo Item # 7 12 13 14 LoeA TION _9_ MANDALAY Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (72~2~;~~~::~~2:~~6-4755 Map Gen By: SF Map Document: (V:IGISITemplateslnewB x 11.mxd) 11/21/2007 --10:45:40AM VAC 2008-01 GREENBERG ORDINANCE # 7912-08 Reviewed By: SO S- T-R: 05-29-15 Date: 1/22/2008 Attachment number 1 N W~E s em #7 Scale: N.T.S. I 8 1 I 4 ~ 6 ~ -'- 70 q: 9 ~ q: ~ 5 10 ~ ~ ~ CI) - - ~ 4 11 ~ q: 2 I ~ (.) ~ ...,J a:: 3 3 12 ~ {fJ 2 )... 13 ~ 1 14 1 I 4 GARDENIA ST 6 VAC 2008-01 GREENBERG ORDINANCE # 7912-08 Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (72~2~;~~~::~~2:~~6-4755 Map Gen By: SF Map Document: (V:IGISITemplateslnewB x 11.mxd) 11/21/2007 --10:45:40AM Attachment number 2 2 - - 1 6 5 4 3 2 1 o <0 N W~E S- T-R: 05-29-15 s em #7 Scale: N.T.S. Attachment number 3 Page 1 of 1 ORDINANCE NO. 7912-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE FIVE-FOOT UTILITY EASEMENT LYING ADJACENT TO THE NORTHERLY PROPERTY LINES OF LOTS 1 AND 4, BLOCK 41A, MANDALAY SUBDIVISION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Aaron Greenberg, owner of real property located in the City of Clearwater, has requested that the City vacate the utility easement depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said 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: The 5-foot utility easement lying adjacent to the north property lines of Lots 1 and 4, Block 41A, Mandalay Subdivision, according to the map or plat thereof as recorded in Plat Book 14, Page 32, Public Records of Pinellas County, Florida. is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Camilo A. Soto Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 7 Ordinance No. 7912-08 Meeting Date:2/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance Number 7870-07 on second reading, amending the Comprehensive Plan by amending the future land use, intergovernmental coordination, and capital improvements elements, and by creating a new public school facilities element to establish the specific ways in which the plans and processes of the district School Board and local governments are to be coordinated, to address the requirements in Section 163.3180(13), Florida Statutes, regarding school concurrency, to provide a uniform system of free public schools on a countywide basis and to implement the land use authority of local governments, including their authority to approve or deny Comprehensive Plan amendments and development orders, and to establish a uniform public school facilities element and land development regulations to assist the parties in assuring that sufficient capacity is available for new and existing students in school facilities. SUMMARY: Review Approval: 1) Clerk Cover Memo Attachment number 1 Page 1 of 3 ORDINANCE NO. 7870-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY AS ADOPTED ON MAY 18,2000 AND AMENDED ON JULY 12, 2001, OCTOBER 7, 2004, OCTOBER 20, 2005, DECEMBER 15, 2005, AND AUGUST 14, 2007, BY AMENDING THE FUTURE LAND USE, INTERGOVERNMENTAL COORDINATION, AND CAPITAL IMPROVEMENTS ELEMENTS; MAKING SUBSTANTIVE CHANGES TO THESE ELEMENTS; AND BY CREATING A NEW PUBLIC SCHOOL FACILITIES ELEMENT; AS AGREED UPON BY THE INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY, FLORIDA, THE CITIES OF CLEARWATER, DUNEDIN, GULFPORT, LARGO, MADEIRA BEACH, OLDSMAR, PINELLAS PARK, SAFETY HARBOR, SEMINOLE, ST. PETERSBURG, ST. PETE BEACH, AND TARPON SPRINGS, FLORIDA, AND THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA, IN ACCORDANCE WITH SECTIONS 163.3177 AND 163.31777, FLORIDA STATUTES, TO ESTABLISH JOINTLY THE SPECIFIC WAYS IN WHICH THE PLANS AND PROCESSES OF THE DISTRICT SCHOOL BOARD AND LOCAL GOVERNMENTS ARE TO BE COORDINATED, TO ADDRESS THE REQUIREMENTS IN SECTION 163.3180(13) REGARDING SCHOOL CONCURRENCY, TO PROVIDE A UNIFORM SYSTEM OF FREE PUBLIC SCHOOLS ON A COUNTYWIDE BASIS, AND TO IMPLEMENT THE LAND USE AUTHORITY OF LOCAL GOVERNMENTS, INCLUDING THEIR AUTHORITY TO APPROVE OR DENY COMPREHENSIVE PLAN AMENDMENTS AND DEVELOPMENT ORDERS, AND TO ESTABLISH A UNIFORM PUBLIC SCHOOL FACILITIES ELEMENT AND LAND DEVELOPMENT REGULATIONS TO ASSIST THE PARTIES IN ASSURING THAT SUFFICIENT CAPACITY IS AVAILABLE FOR NEW AND EXISTING STUDENTS IN SCHOOL FACILITIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE; WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of Florida empowers and requires the City Council of the City of Clearwater to plan for the future development and growth of the City, and to adopt and periodically amend the Comprehensive Plan, including elements and portions thereof; and WHEREAS, the City of Clearwater adopted a Comprehensive Plan on May 18, 2000 by Ordinance Number 6522-00; and Ordinance No. 7870-07 Attachment number 1 Page 2 of 3 WHEREAS, the City Council approved Ordinance Number 6794-01, which amended the Comprehensive Plan of the City on July 12, 2001; and WHEREAS, the City Council approved Ordinance Number 7295-04, which amended the Comprehensive Plan of the City on October 7,2004; and WHEREAS, the City Council approved Ordinance Number 7388-05, which amended the Comprehensive Plan of the City on October 20, 2005 and December 15, 2005; and WHEREAS, the City Council approved Ordinance Number 7782-07, which amended the Comprehensive Plan of the City on August 14, 2007; and WHEREAS, the City is making these changes to the Comprehensive Plan In accordance with statutory requirements and the Interlocal Agreement; and WHEREAS, amendments to the Comprehensive Plan of the City have been prepared in accordance with the applicable requirements of law, after conducting the appropriate planning analysis, and public participation through public hearings, opportunity for written comments, open discussion and the consideration of public and official comments; and WHEREAS, the Community Development Board, serving as the designated Local Planning Agency for the City, has held a public hearing on the proposed amendments and has recommended adoption of the proposed Comprehensive Plan amendments; and WHEREAS, the proposed amendments have been transmitted to the Florida Department of Community Affairs for review and comments, and the objections, recommendations and comments received from the Florida Department of Community Affairs have been considered by the City Council, together with all comments from local regional agencies and other persons, in preparing the final draft of the amendments; and WHEREAS, the City Council finds it necessary, desirable and proper to adopt the amendments to the objectives and policies of the Comprehensive Plan in order to reflect changing conditions; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Amendments 1 - 6 to the Clearwater Comprehensive Plan attached hereto as Exhibit "A" are hereby adopted. Section 2. Severability. If any section, provision, clause, phrase, or application of this Ordinance shall be declared unconstitutional or invalid for any reason by a court of competent jurisdiction, the remaining provisions shall be deemed severable therefrom and shall remain in full force and effect. 2 Ordinance No. 7917-08 Attachment number 1 Page 3 of 3 Section 3. This ordinance shall become effective when the Department of Community Affairs (DCA) issues a final order determining the adopted amendment to be in compliance, or the Administration Commission issues a final order determining the adopted amendments to be in compliance, in accordance with Section 163.3177, 163.3184,163.3187 or 163.3189, F.S., as amended. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard Mayor-Councilmember Approved as to form: Attest: Leslie K. 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(l)Vl ..........s:: ...... .E .~ Attachment number 7 Page 1 of 22 EXHIBIT A ATTACHMENT TO ORDINANCE 7870-07 AMENDMENT 1 - FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES Amend Objective 3.1 and Policy 3.1.3 of Goal 3 of the Plan on page A-8 asfollows: * * * * * 3.1 Objective - Public institutions, such as hospitals, sehools, parks, utility facilities and government facilities, shall be provided sufficient land area to accommodate identified public needs. Policies * * * * * 3.1.3 Public school sites shall be developed in locations suitable for the on site and off site impacts associated '.vith such facilities and in a manner consistent with City of Clearwater development regulations. * * * * * AMENDMENT 2 - FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND POLICIES Delete Goal 6; Objective 6.1; and Policies 6.1.1 through 6.1.12 of Goal 6 on pages A-14-18 as follows: * * * * * 6. COAL TO COORDINATE THE LOCATION OF NE'" AND EXPANDED SCHOOL SITES .A.ND F.A.CILITIES IN ORDER TO ENSURE COlVlP.A.TIBILITY AND CONSISTENCY "'1TH THE CITY'S C01\fPREHENSIVE PLAN. 6.1 Objeetive The City shall support efforts that faeilitate eoordination of planning between the City and the Pinellas County Sehool Board for the loeation and development of publie edueational faeilities. Policies 6.1.1 Public education facilities are defined as elementary schools, special education facilities, alternative education facilities, middle schools, high schools, and area yocational technical schools of the Pinellas County School District. - I - Attachment number 7 Page 2 of 22 6.1.2 Public education facilities of the Pinellas County School District are an allowable use within the following land use categories: . Residential Estate . Residential Suburban . Residential Low . Residential Urban . Residential Lo'.v Medium . Residential Medium . Residential High . Residential/Office Limited . Residential/Office General . Institutional 6.1.3 The proposed location of ne'.v public school facilities or the extension of an existing site shall be reviewed for opportunities to integrate/collocate schools and other public facilities, including but not limited to: bike and pedestrian paths, emergency shelters, libraries, parks, and community centers. 6.1.1 The location and construction of ne'.v public education facilities, or the extension of an existing site, within one of the future land use categories listed in Policy 6.1.2 shall only be allo'.ved upon a determination by the City, following the requisite public hearings to be held by the School Board, that the proposed site is consistent '.vith the City's comprehensive plafr 6.1.5 In addition to overall consistency with the City's comprehensive plan, the proposed location of a new or expanded public education facility of the Pinellas County School District '.vithin one of the land use categories listed in Policy 6.1.2 shall be reviewed and considered with the following general criteria: 1. The proposed location is compatible '.vith present and projected uses of adjacent property [s.235.19 (2) (a)]. 2. The site area of the proposed location is adequate for its intended use based upon the State Requirements of Educational Facilities and provides sufficient area to accommodate all needed utilities and support facilities and allo'.vs for adequate buffering of surrounding land uses. 3. Based upon the 5 year Capitol Improvement Program of the Pinellas County School District and the City's comprehensive Plan, there '.vill -2- Attachment number 7 Page 3 of 22 be adequate public services and facilities to support the public schools [s.231.193 (2)]. 1. There are no significant environmental constraints that '.'Iould preclude development of public education facilities on the site. 5. There will be no adverse impacts on archaeological or historical sites listed in the National Register of Historic Places or designated by the City as locally significant historic or archaeological resources. 6. The proposed location is well drained and soils are suitable for development or are adaptable for development and outdoor educational purposes with drainage improvements. 7. The proposed location is not in conflict with the County's Stormwater Management Plan and the City's adopted '.yatershed management plan, if applicable. 8. The proposed location is not in a yelocity flood zone or a floodway. 9. The proposed location can accommodate the required parking and anticipated queuing of vehicles on site. 10. The proposed location lies outside the area regulated by section 333.03 (3), F.S. regarding the construction of public educational facilities in the '.'icinity of an airport. 6.1.6 The follo'.ving criteria shall also be used to evaluate '.'Ihether proposed locations of specific types of schools are consistent with the City's Comprehensive Plan: I. Elementary Schools, Special Educational Facilities, and Altematiye Education Facilities 1. The proposed location shall have direct access to at least a minor collector road or as othenyise approved by the City after determination of acceptable traffic impacts on adjacent roads oflesser classification. 11. Outdoors recreational facilities and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. 2. Middle Schools - 3 - Attachment number 7 Page 4 of 22 1. The proposed location shall haye direct access to at least a minor collector road or as othenvise approved by the City after determination of acceptable traffic impacts on adjacent roads oflesser classification. 11. Outdoors recreational facilities and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. 3. High Schools 1. The proposed location shall have direct access to at least a major collector road or as otherwise approved by the City after determination of acceptable traffic impacts on adjacent roads oflesser classification. 11. Stadiums, outdoors recreational facilities and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. 1. Vocational Technical Schools 1. The proposed location shall have direct access to at least a major collector road or as otherwise approved by the City after determination of acceptable traffic impacts on adjacent roads oflesser classification. 11. Industrial education facilities shall be located and buffered on the proposed site to minimize impacts on adj acent properties. 6.1.7 Proposed location that are less than the standard site acreage as prescribes in the Florida Department of Education State Requirements of Educational Facilities may be determined to be consistent with the City's Comprehensive Plan provided the requirements of Section 235.19 (3), F.S. are met and off site impacts can be adequately mitigated. 6.1.8 A determination that a proposed new site or additional property is consistent '.vith the City's comprehensive plan may be conditioned '.'1ith reference to specific types of public educational facilities. 6.1.9 At the time of consistency determination, the City may impose reasonable conditions for development of the sites as it relates to any of the criteria on Policies 6.1.1 and 6.1.5 Conditions may not be imposed which conflict ',vith those established in Chapter 235 or the State Uniform Building Code, unless mutually agreed [s.235.193 (6)]. -4- Attachment number 7 Page 5 of 22 6.1.10 Before a significant change of program at a public education facility is implemented, the School Board and the City shall require a reyiew of the facilities on site and off site impacts. The School Board and the City will work cooperatiyely to mitigate on site and off site impacts, including impacts to public facilities, identified through the revie'.v. 6.1.11 The City and the Pinellas County School Board shall annually coordinate in the deyelopment of their respectiye capital improyement programs. 6.1.12 The policies in Objective 6.1 aboye are assumed to be consistent with and do not oollify or conflict '.vith the provisions of Chapter 235.F. S. * * * * * AMENDMENT 3 - INTERGOVERNMENTAL COORDINATION ELEMENT GOALS, OBJECTIVES AND POLICIES Amend Objective 28.1 and Policies 28.1.1 through 28.1.8 and add Objective 28.2 and Policies 28.2.1 through 28.2.8 of Goal 28 of the Plan startingfrom page H-2 asfollows: * * * * * 28.1 Objective - The Clearwater Comprehensive Plan shall be forwarded to the school board, Pinellas County, other adjacent local governments, and agencies (previously noted), such as the M.P.O., which have regulatory or operating authority in the City for purposes of coordinating future operations and development in the City. Policies 28.1.1 The City of Clearwater shall contiooe to coordinate with the School Board, as outlined in the interlocal agreement entered into bet'.veen the City of Clearwater and the Pinellas County School Board on March II, 1997. The City shall also continue to implement the public educational facilities siting requirements, as indicated in the Future Land Use Element, consistent '.vith Chapter 163 and 235, F.S. 28.1.2 The City recognizes State legislation regarding contiooed State funding for schools which are designated as historic and shall continue to coordinate '.vith the appropriate State and Federal agencies to ensure the continued preservation of South '1'/ ard School, a National Register building. 28.1.1~Clearwater supports a multi-jurisdictional land use planning entity III Pinellas County. - 5 - Attachment number 7 Page 6 of 22 28.1.2:4Clearwater supports intergovernmental coordination in transportation and mass transit planning, through the M.P.O. and P.S.T.A. 28.1.1~Clearwater shall propose additional intergovernmental coordination mechanisms to enhance services, as noted in the Parks and Recreation and Housing Elements. 28.1.:!:~The City conforms to State public records laws, and as a policy, provides requested information on as timely a basis as possible. 28.1.2.+The City shall provide annual Comprehensive Plan monitoring information, in a timely fashion, to be used to direct public expenditures. 28.I.Q&Clearwater shall present any community redevelopment district plans, or redevelopment district and boundary changes, for approval by the Board of County Commissioners. 28.2 Obiective - The City of Clearwater shall continue to coordinate its Comprehensive Plan with plans of the School Board of Pinellas County and other local 20vernments throu2h participation in ioint plannin2 processes and procedures. Policies 28.2.1 The City of Clearwater shall implement the Public Schools Interlocal Agreement in coordination with the School District and the other local governments that are signatories to the Agreement (the partner local governments). 28.2.2 In fulfillment of Section 8 of the Public Schools Interlocal Agreement, the City of Clearwater shall continue its participation on the Pinellas Schools Collaborative, which shall meet at least once a vear to evaluate implementation of the Public Schools Interlocal Agreement and school concurrencv, and propose amendments for improvement if deemed necessary. 28.2.3 The City of Clearwater, the School District, and the partner local governments shall coordinate annuallv in preparing a staff report on the effectiveness of school concurrencv that will be presented at the annual meeting of the Pinellas Schools Collaborative, with the annual School Capacity and Level of Service Report forming the basis for the staff report. 28.2.4 The City of Clearwater, the School District, and the partner local governments shall coordinate in amending the Public School Facilities Element according to the procedures in Section 10 of the Public Schools Interlocal Agreement, to ensure that the Public School Facilities Element - 6 - Attachment number 7 Page 7 of 22 within the local government comprehensive plans remains coordinated and consistent with one another and with the plans of the School Board. 28.2.5 The Citv of Clearwater, through the implementation of its concurrencv management svstem and the Public Schools Interlocal Agreement, shall coordinate and share information with the School District and the Pinellas County Planning Department to determine whether there is available public school capacity to support the anticipated students from residential site plans and final residential subdivision approvals. 28.2.6 The City of Clearwater, its partner local governments, and the School District shall cooperate in establishing a procedural manual for implementation of school concurrencv. This manual and anv subsequent changes to the manual will be developed bv the School Planning Workgroup and approved bv the Pinellas Schools Collaborative. 28.2.7 The Citv of Clearwater shall coordinate with the School Board of Pinellas Countv to implement the public educational facilities siting requirements of Chapter 163 and Chapter 1013, F.S., as stipulated in Section 4 of the Public Schools Interlocal Agreement on April 24, 2007. 28.2.8 The Citv recognizes State legislation regarding continued State funding for schools which are designated as historic and shall continue to coordinate with the appropriate State and Federal agencies to ensure the continued preservation of South Ward School, a National Register building. * * * * * AMENDMENT 4 - INTERGOVERNMENTAL COORDINATION ELEMENT GOALS, OBJECTIVES AND POLICIES Amend Objective 31.2; and Policies 31.2.3 through 31.2.7 and renumber 31.2.8 through 31.2.11 of Goal 31 of the Plan starting on page H-6 asfollows: * * * * * 31.2 Objective - Identify and describe joint processes for collaborative planning on population projections, school siting, facilities subject to concurrency, facilities with countywide significance, and problematic uses. * * * * * 31.2.3 The City will forward the population projections used in the comprehensiye plan to the School Board so they can consider projected gro'Nth and development as it relates to the future need for schools in the School Board's 5, 10, and 20 year facility plan. - 7 - Attachment number 7 Page 8 of 22 31.2.1 The City '.vill amend its e-xisting Interlocal agreement '.vith the School Board to include the joint utilization of consistent and coordinated population projections. 31.2.5 The City will utilize the countywide planning process as a means of notifying the School Board, '.vhich has one member on the PPC, and School Board staff, '.vhich has one member of the Planners Adyisory Committee, of proposed land use plan amendments. 31.2.6 The City 'Nill utilize the county.vide planning process, or other appropriated process, in the review and recommendation of any necessary modifications to the agreed upon school siting processes due to intergovernmental conflicts or to address any needed refinements to reflect current statutory requirements. 31.2.7 The City will review the School Board's anooally updated 5 year School Plan Survey (5 year facility 'Nork program), 10, and 20 year facility 'Nork programs and coordinate those plans with the comprehensiye plan. 31.2.1& The City will coordinate, through the Metropolitan Planning Organization (MPO), the transportation needs of the City with the needs of the remainder of the county and the Florida Department of Transportation (FDOT). 31.2.29 The City will continue to coordinate with the Pinellas County Board of County Commissioners staff for the provision of countywide facilities, including but not limited to, solid waste disposal, the St. Petersburg/Clearwater International Airport, and the Pinellas County Emergency Operations Center. 31.2.3-W The City will continue to coordinate with the MPO and the Pinellas Suncoast Transit Authority staffs for the provision of bridges, major transportation facilities, and mass transit. 31.2.4+-l The City will forward notice of proposed future land use plan policies related to hurricane shelters and evacuation routes, as well as map amendments resulting in an increase in population within coastal high hazard areas, to the TBRPC and the Pinellas County Emergency Management Department to determine hurricane shelter space and the effect of increased evacuation clearance times and routes. * * * * * - 8 - Attachment number 7 Page 9 of 22 AMENDMENT 5 - CAPITAL IMPROVEMENTS ELEMENT GOALS, OBJECTIVES AND POLICIES Amend Policy 32.3.1 and add Policy 32.3.3.4, add Objective 32.7 and Policies 32.7.1 through 32.7.6 to Goal 3, starting on page 1-5 of the Plan as follows: * * * * * 32.3.1 Essential public facilities as defined in this plan include and are limited to those facilities relating to sanitary sewer, solid waste, drainage, potable water, transportation, public school facilities, and parks and recreation systems. * * * * * 32.3.3 If it is determined that sufficient capacity of essential public facilities will be available concurrent with the impacts of a proposed development, a final development order may be issued in accordance with the following schedule: * * * * * 4. For public school facilities, the concurrencv requirement will be satisfied bv the criteria contained in Policv 32.3.1 or Obiective 32.7 and Policies 32.7.1 through 32.7.6 that set forth the concurrencv requirements for public school facilities in accordance with the Public Schools Interlocal Agreement pursuant to Section 163.31777, F.S. * * * * * 32.7 Obiective - The City, in coordination with the School District, shall ensure that the capacity of public schools is sufficient to support the anticipated students from residential site plans and final residential subdivision approvals consistent with the adopted level-of-service standard for public schools. Policies: 32.7.1 The Citv shall utilize the following level-of-service standard for public school facilities, which shall be applied consistentlv district-wide bv the School District and bv the local governments within Pinellas Countv that signed the Public Schools Interlocal Agreement (the partner local governments ). District-wide Level of Service Standard: Student enrollment plus vested students divided bv Florida Inventorv of School Houses (FISH) School Capacitv plus additional capacitv does not exceed 100 percent. This level-of-service standard shall applv to each tvpe of public school facilitv. - 9 - Attachment number 7 Page 10 of 22 32.7.2 Amendments to the adopted level of service shall be accomplished using the procedure contained in Section 10 of the Public School Facilities Interlocal Agreement. 32.7.3 The School Capacitv and Level of Service Report, prepared bv the School District, approved bv the School Board, and delivered to the Citv no later than November 30th of each vear, and as adiusted throughout the vear based on the official student enrollment count of the fall semester and the estimated number of vested students, shall be utilized bv the Citv as the basis for assessing the existing level of service conditions and the available capacitv within each Concurrencv Service Area. 32.7.4 Bv December 1st of each vear, the Citv shall adopt bv reference the School District's Five-Year Work Program to ensure the level of service standard is achieved and maintained during the period covered bv the five-vear schedule within the Capital Improvements Element. 32.7.5 The School Board, in coordination with the partner local governments, will use the procedure in Section 3(a) of the Public Schools Interlocal Agreement to annuallv update the District's Five-Year Work Program to maintain a financiallv-feasible capital improvements program that is able to achieve and maintain the adopted level of service standard within the period covered bv the five-vear schedule. 32.7.6 The Citv herebv adopts bv reference the School District's Five-Year Work Program for FY 2007/08 through 2011/12, as adopted bv the School Board on September II, 2007. AMENDMENT 6 PUBLIC SCHOOL FACILITIES ELEMENT GOALS, OBJECTIVES AND POLICIES Add the Introduction and Summary of Needs for the Public School Facilities Element; and add new Goals 33-36; with new Objectives and Policies after page 1-9 of the Plan as follows: Public School Facilities The Public School Facilities Element (PSFE) forms the basis for implementing school concurrencv and other subiects addressed in the Public Schools Interlocal Agreement that was entered into between the Pinellas Countv School Board, twelve municipalities, and Pinellas Countv Government. The Florida Statutes require this element to be included in the citv's comprehensive plan. Public School Facilities Needs Summary - 10 - Attachment number 7 Page 11 of22 . The Citv acknowledges the need to continue its membership and participation with the Pinellas Countv School Planning Workgroup and Pinellas Schools Collaborative for consistencv with the Public School Facilities Elements throughout the countv. . The Citv recognizes the need to participate in a concurrencv program to track development countyWide, ensuring that public school facilities will not be adverselv affected bv additional development and redevelopment. . The Citv will continue to work together with its partner governments, Pinellas Countv and the Pinellas Countv School Board on a model school concurrencv svstem for tracking purposes and a procedures manual. GOALS OBJECTIVES AND POLICIES 33. GOAL - THROUGH PARTNERSHIPS AND EFFECTIVE COLLABORATION AMONG LOCAL GOVERNMENTS AND THE PINELLAS COUNTY SCHOOL DISTRICT, AND BECAUSE OF A SHARED COMMITMENT TO EDUCATIONAL EXCELLENCE, ALL STUDENTS OF THE PINELLAS COUNTY SCHOOL DISTRICT SHALL BE PROVIDED THE OPPORTUNITY FOR HIGH STUDENT ACHIEVEMENT THROUGH THE A V AILABLITIY OF HIGH QUALITY PUBLIC EDUCAITONAL FACILITIES. 33.1 Obiective - The City, its partner local 20vernments, and the School District a2ree to coordinate and base their plans upon consistent proiections of population 2rowth and student enrollment, and will coordinate in sharin2 of information on proposed school facility chan2es, certain planned infrastructure improvements, and proposed land use plan amendments and/or rezonin2s that increase or decrease residential densities. Policies 33.1.1 The Citv, its partner local governments, and the School District, will utilize population growth projections prepared bv the Pinellas Countv Metropolitan Planning Organization's Technical Coordinating Committee, when developing their plans and student enrollment proj ections, consistent with Section 2 of the Public Schools Interlocal Agreement. 33.1.2 To ensure that land use and zoning decisions are adequatelv coordinated with public school facilitv planning, the Citv shall continue to notifv the School District of all Local Planning Agencv hearings where land use plan amendments and/or rezonings will be considered that increase or decrease residential densities. 33.1.3 The Citv shall inform the School District in advance of infrastructure proj ects that will restrict vehicular or pedestrian accessibilitv to public - 11 - Attachment number 7 Page 12 of 22 schools with sufficient time for School District review and comment, in compliance with Section 3(b) of the Public Schools Interlocal Agreement. An example would be infrastructure proiects that would disrupt the use of sidewalks that are utilized bv students accessing public school facilities. 33.1.4 The School District shall notifv the Citv of the need for on site or off-site improvements to support new, proposed expansion, or redevelopment of existing schools within the iurisdiction of the Citv. Thereafter, representatives of the School District and Clearwater will meet and determine the responsibilitv for making such improvements and identifv other agencies that should be involved. The School District and the Citv will then meet with the other agencies to coordinate the completion of the on-site and off-site improvements, in accordance with Section 5 of the Public Schools Interlocal Agreement. 33.2 Obiective - The City. throu2h implementation of its concurrency mana2ement system for public school facilities. and in coordination with the School District. shall ensure that there is available public school capacity to support the anticipated students from residential site plans and final residential subdivision approvals ("Residential Approvals") consistent with the adopted level-of-service standard for public school concurrency throu2hout the five years covered by the Five-Year Work Pro2ram. as amended. and the period of the lon2-ran2e plannin2 pr02ram contained in the Public School Facilities Element. Policies 33.2.1 The Citv herebv adopts, consistent with Section II of the Public Schools Interlocal Agreement, the following level-of-service standard, which shall be applied consistentlv district-wide bv all partner local governments within Pinellas Countv and bv the School District. District-wide Level-of-Service Standard: Student enrollment plus vested students divided bv Florida Inventorv of School Houses (FISH) School Capacitv plus additional capacitv does not exceed 100 percent. This level-of-service standard shall applv to each tvpe of public school facilitv. 33.2.2 If the utilization rate established bv the State Requirements for Educational Facilities (SREF) is changed and it will impact how the School District determines school capacitv, the School District will notifv all partner local governments of the change. - 12 - Attachment number 7 Page 13 of 22 33.2.3 Amendments to the adopted level-of-service standard shall be accomplished using the procedure contained in Section 10 of the Public Schools Interlocal Agreement. 33.2.4 School concurrencv shall be measured and applied on the basis of Concurrencv Service Areas, as established bv the School Board and as documented in the data and analvsis support section of the Public School Facilities Element. 33.2.5 The School Board shall maXImIze school capacitv through program adiustments and/or through adiustments to Concurrencv Service Area boundaries, consistent with Section 12 of the Public Schools Interlocal Agreement, to ensure that each Concurrencv Service Area will, in the aggregate, operate at the adopted level-of-service standard throughout the five-vear period covered bv the Five-Year Work Program, as amended. 33.2.6 When adiusting Concurrencv Service Area boundaries, the School Board shall take into consideration the factors identified in Section 12 of the Public Schools Interlocal Agreement. 33.2.7 Consistent with Sections 1002.33(1) and 1002.33(2), F.S., the Citv and the School District shall recognize charter schools as public school facilities. Such facilities shall serve to expand the school capacitv of the School District and are a potential option for mitigating the impact that new Residential Approvals mav have on public school facilities. 33.2.8 The Citv, its partner local governments, and the School District shall utilize the uniform, district-wide procedure in Section 13 of the Public Schools Interlocal Agreement to implement school concurrencv within their respective iurisdictions. 33.2.9 The Citv and the School District shall utilize the School Capacity and Level of Service Report, prepared bv the School District, approved bv the School Board, and delivered to the Citv, no later than November 30th of each vear, and as adiusted throughout the vear based on the official student enrollment count of the fall semester and the estimated number of vested students, as the basis for assessing the existing level of service conditions and the available capacitv within each Concurrencv Service Area. 33.2.10In order to facilitate the accurate annual assessment of proiected public school facilitv capacitv, the Citv shall, throughout the vear, notifv the Pinellas Countv Planning Department of development permits, including certificates of occupancv issued for new dwelling units and expired school concurrencv Residential Approvals, that affect the availabilitv of - 13 - Attachment number 7 Page 14 of 22 school capacitv, consistent with Section 13 of the Public Schools Interlocal Agreement so that an estimate of the number of vested students can be maintained for school concurrencv purposes. 33.2.11A school concurrencv Residential Approval shall be valid for purposes of the issuance of development orders or permits not to exceed a period of 24 months from the date of issuance. 33.2.12In accordance with Section 13 of the Public Schools Interlocal Agreement if the School District determines that there is not Available Capacitv within an affected Concurrencv Service Area to accommodate the estimated number of students that would be generated bv a proposed Residential Approval and maintain the adopted level-of-service standard, then the School District shall consider whether there is Available Capacitv in the contiguous Concurrencv Service Area(s). 33.2. 13 If the School District determines that in the aggregate, there is Available Capacitv in the affected Concurrencv Service Area and in the contiguous Concurrencv Service Area(s) to accommodate the estimated number of students from the proposed Residential Approval. then an adequate level of service would be provided and the Residential Approval shall be issued a School Concurrencv Approval bv the Citv. 33.2.14If the School District determines that in the aggregate, there is not Available Capacitv within an affected Concurrencv Service Area and the adiacent Concurrencv Service Area(s) to accommodate the estimated number of students from the proposed Residential Approval. a proposed Residential Approval will not proceed without execution of a legallv binding development mitigation agreement between the applicant the School Board, and the Citv designed to mitigate the impacts anticipated to be caused bv the proposed Residential Approval on public school facilities, consistent with Section 163.3180, F.S., and Section 13 of the Public Schools Interlocal Agreement. The applicant and the School Board shall attempt to negotiate a development mitigation agreement. If the applicant and the School Board are unable to agree on an acceptable form of mitigation, the Citv mav utilize the conflict resolution provision in Section 14 of the Public Schools Interlocal Agreement to attempt to resolve the impasse. 33.2.15A development mitigation agreement shall include the applicant's commitment to continue to renew the development agreement until the mitigation is completed as determined bv the School Board or as determined through the conflict resolution procedures provided for in Section 14 of the Public Schools Interlocal Agreement if applicable. - 14 - Attachment number 7 Page 15 of 22 33 .2.16Acceptable forms of proportionate share mitigation that mav be allowed bv the School Board and the standards that determine the appropriate use of anv mitigation funds required bv the School District are identified in Section 13 h. of the Public Schools Interlocal Agreement. 33.2.17The Citv and the School District shall utilize student generation rates developed bv the School District for purposes of calculating the anticipated number of public school students that would be generated bv Residential Approvals and for developing student enrollment projections. 33.2 .18Pri or to the utilizati on of new student generati on rates, the Ci tv, through its participation on the School Planning Workgroup, will have the opportunitv to review and comment on the proposed student generation rates developed bv the School District before thev are finalized bv the Di stri ct. 33.3 Objective - The City's five-year schedule of capital improvements shall include those projects necessary to address any existin2 public school facility deficiencies and future public school facility needs consistent with the adopted level-of-service standard. 33.3.1 Bv December 1st of each vear, the Citv shall amend its Capital Improvements Element to incorporate, bv reference, the updated School District Five-Year Work Program adding a new fifth vear to maintain a financiallv feasible capital improvements program and to ensure the level-of-service standard will continue to be achieved and maintained throughout the subsequent five-vear planning period. 33.3.2 The maps for Pinellas Countv Elementary Schools, Middle Schools, High Schools and Ancillary Facilities, labeled as Figures 1, 2, 3, and 12 from the Pinellas Countv's Public School Facilities Element, are included as a part of the Public School Facilities Element of the Citv of Clearwater Comprehensive Plan. These maps will be used in addressing anv existing facilitv deficiencies and future public school facilitv needs in accordance with 163.3 I 77(l2)(h), F.S. 33.4 Objective - The City shall practice effective inter20vernmental coordination with its partner local 20vernments and the School District to ensure that land use plans. development approvals. and capital facilities plannin2 are coordinated with the availability of public school facilities. Policies 33.4.1 The Citv shall appoint one elected official to represent the Citv's interest to the Pinellas Schools Collaborative, to provide for collaborative oversight and to provide coordination and direction regarding the - 15 - Attachment number 7 Page 16 of 22 conduct of the school concurrencv process and implementation of the Public Schools Interlocal Agreement. 33.4.2 The Citv, the School District, and partner local governments shall coordinate annuallv in preparing a staff report on the effectiveness of school concurrencv that will be presented at the annual meeting of the Collaborative, with the annual School Capacity and Level of Service Report forming the basis for the staff report. 33.4.3 The Citv shall coordinate with the Pinellas Countv Planning Department in the maintenance of a countyWide residential development tracking svstem, bv providing necessary and timelv development data, including demolitions and vested development data, required to accuratelv assess the impact of Residential Approvals on available school capacitv. 33.4.4 Amendment of the Public Schools Facilities Element shall occur according to the procedure in Section 10 of the Public Schools Interlocal Agreement to ensure that the Element within the local government comprehensive plans remains coordinated and consistent with one another and with the plans of the School Board. 33.4.5 The Citv, its partner local governments, and the School District shall coordinate in establishing a procedural manual for implementation of school concurrencv. This manual and anv subsequent changes to the manual will be developed bv the School Planning Workgroup and approved bv the Pinellas Schools Collaborative. 34. GOAL - THE CITY SHALL COORDINATE WITH ITS PARTNER LOCAL GOVERNMENTS AND THE SCHOOL DISTRICT ON PROJECTS THA T ENCOURAGE COHESIVE NEIGHBORHOODS. THA T CONTRIBUTE TO COMMUNITY BUILDING. AND THA T PROVIDE FOR LONG- TERM SUSTAINABILITY. 34.1 Obiective: The City shall support efforts that facilitate coordination of plannin2 between the City and the School District for the location and development of public educational facilities. Policies 34.1.1 The Citv shall participate with the School District in the process of evaluating potential school closures, significant renovations to existing schools, and school site selection before land acquisition in accordance - 16 - Attachment number 7 Page 17 of 22 with Section 4 of the existing Public Schools Interlocal Agreement filed on April 24, 2007. 34.1.2 For purposes of Objective 34.1, public educational facilities are defined as elementary schools, special education facilities, alternative education facilities, middle schools, high schools, and area vocational-technical schools of the Pinellas Countv School District. 34.1.3 Public educational facilities of the School District are an allowable use within the following land use categories in the Citv: . Residential Estate . Residential Suburban . Residential Low . Residential Urban . Residential Low Medium . Residential Medium . Residential/Office Limited . Residential/Office General . Insti tuti onal 34.1.4 The location and construction of new public educational facilities, or the expansion of an existing site, within one of the future land use category listed in Policv 34.1.3 shall onlv be allowed upon a determination bv the Citv that the proposed site is consistent with the Citv of Clearwater Comprehensive Plan. 34.1.5 In addition to consistencv with the Citv of Clearwater Comprehensive Plan, the proposed location of a new or expanded public educational facilitv of the School Board within one of the land use categories listed in Policv 34.1.3 shall be reviewed and considered with the following general criteria: 1. The proposed location is compatible with present and projected uses of adj acent propertv. 2. The site area of the proposed location is adequate for its intended use based on the State Requirements for Educational Facilities and provides sufficient area to accommodate all needed utilities and support facilities and allow for adequate buffering of surrounding land uses. 3. Based on the Five-Year Work Program of the School Board and the Citv Comprehensive Plan, there will be adequate public services and facilities to support the public educational facilitv. - 17 - Attachment number 7 Page 18 of 22 4. There are no significant environmental constraints that would preclude development of a public educational facilitv on the site. 5. There will be no adverse impact on archaeological or historic sites listed in the National Register of Historic Places or designated bv a local government as locallv significant historic or archaeological resources. 6. The proposed location is well drained and soils are suitable for development or are adaptable for development and outdoor educational purposes with drainage improvements. 7. The proposed location is not in conflict with the Citv's Stormwater Management Plan and anv watershed management plans adopted bv the Citv, if applicable. 8. The proposed location is not in a velocitv flood zone or a floodwav. 9. The proposed location can accommodate the required parking and anticipated queuing of vehicles onsite. 10. The proposed location lies outside the area regulated bv Section 333.03(3), F.S., regarding the construction of public educational facilities in the vicinitv of an airport. 34.1.6 The following criteria shall also be used to evaluate whether proposed locations of specific tvpes of schools are consistent with the Citv Comprehensive Plan: Elementary Schools, Special Education Facilities, and Alternative Education Facilities I. The proposed location shall have direct access to at least a collector road or as otherwise approved bv the local government after determination of acceptable traffic impacts on adiacent roads of lesser classification. 2. Outdoor recreational facilities and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adi acent properties. Middle Schools I. The proposed location shall have direct access to at least a collector road or as otherwise approved bv the local government after - 18 - Attachment number 7 Page 19 of 22 determination of acceptable traffic impacts on adjacent roads of lesser classification. 2. Outdoor recreational facilities and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adj acent properties. High Schools I. The proposed location shall have direct access to at least a collector road, or as otherwise approved bv the local government after determination of acceptable traffic impacts on adjacent roads of lesser classification. 2. Stadiums, outdoor recreational facilities, and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. V ocational- Technical Schools I. The proposed location shall have direct access to at least a collector road, or as otherwise approved bv the local government after determination of acceptable traffic impacts on adjacent roads of lesser classification. 2. Industrial education facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. 34.1.7 Proposed locations that are less than the standard site acreage as prescribed in the Florida Department of Education State Requirements of Educational Facilities mav be determined to be consistent with the Citv Comprehensive Plan provided the requirements of Section 1013.36, F.S., are met and off-site impacts can be adequatelv mitigated. 34.1.8 A consistencv determination for a proposed new site or additional propertv with the Citv Comprehensive Plan mav be conditioned with references to specific tvpes of public educational facilities. 34.1.9 At the time of consistencv determination, the Citv mav impose reasonable conditions for development of the site as it relates to anv of the criteria in Policies 34.1.5 and 34.1.6. Conditions mav not be imposed which conflict with those established in Chapter 1013 of the Florida Statutes or the State Uniform Building Code, unless mutuallv agreed to bv the Citv and the School District. - 19 - Attachment number 7 Page 20 of 22 34.1.10Before a significant change of program at a public educational facilitv is implemented, the School District and the Citv shall require a review of the facilitv's onsite and offsite impacts. The School District and the Citv will work cooperativelv to mitigate onsite and offsite impacts, including impacts to public facilities, identified through the review. 34.1.11 The policies in Obiective 34.1 are intended to be consistent with, and not conflict with, the provisions in Chapter 1013, F.S. 34.2 Obiective - Consistent with Section 163.3177(6)(a). F.S.. and consistent with the City future land use policies. the City shall explore those opportunities where co-location of public facilities and public schools provides a mutual benefit. serves a desirable community purpose. or represents an efficient use of finances and staff resources. Policies 34.2.1 As the opportunitv arises, the Citv and the School Board, shall evaluate the abilitv to enter into an agreement to co-locate existing or planned school sites with other public facilities, including but not limited to: bicvcle and pedestrian pathwavs, libraries, parks, communitv and recreational centers and facilities, museums, performing arts centers, auditoriums, stadiums, healthcare and social services and other uses as mav be determined appropriate. 34.2.2 Should the Citv and the School Board determine that the co-location of public facilities is mutuallv advantageous and desirable, the appropriate method of agreement will be decided upon, and could include such options as, but not be limited to, interlocal agreement, the Citv of Clearwater resolution, or memorandum of understanding. 34.3 OBJECTIVE - The City will support the School District's commitment to sustainable desi2n and operations. as public schools are inte2ral contributors to the Quality of the surroundin2 community. Policies 34.3.1 The Citv and the School District will share information on sustainable design and green building practices, and take advantage of opportunities to incorporate demonstration proiects and technologies onsite, so that local schools can serve as communitv models of environmental efficiencv. - 20- Attachment number 7 Page 21 of 22 35. GOAL - THE CITY WILL COORDINATE WITH THE SCHOOL DISTRICT AND OTHER LOCAL GOVERNMENTS TO IMPROVE THE SAFETY OF STUDENTS AS THEY ACCESS PUBLIC SCHOOL FACILITIES. 35.1 Obiective - The City shall collaborate with the School District and other local 20vernments to oromote safe access for students to oublic school facilities. Policies 35.1.1 The Citv shall partICIPate on the School Transportation Safetv Committee (STSC) of the Pinellas Countv Metropolitan Planning Organization (MPO) to identifv locations within the Countv where student safetv is a concern, and to develop recommendations in response to student safetv issues raised bv the School District, local governments, the School Transportation and Enhanced Pedestrian Safetv (STEPS) Committee, or the communitv to enhance the safetv of students accessing public school facilities. 35.1.2 The Citv shall consider implementation of recommendations from the STSC that affect its iurisdiction, in coordination with the School District and anv agencies that have some involvement in the identified action, to support student access to public schools in a manner that both improves student safetv and is compatible with the surrounding communitv. 35.1.3 The Citv shall cooperate with School District initiatives that implement STSC recommendations for modifications to a school campus. 35.1.4 The Citv shall, in its capital improvement program, determine the prioritv for construction of those sidewalks, crosswalks, bicvcle paths, and other improvements that help to provide continuous access to public schools for pedestrians and bicvclists. 35.1.5 The Citv shall annuallv update its Capital Improvements Element to identifv the School District's capital needs in the Comprehensive Plan, enabling the coordination of existing and planned public school facilities with the required local capital proiects needed to provide support services for the safetv of public school students. 35.1.6 For new development or redevelopment within a two-mile radius of anv existing or planned public school facilitv, the Citv of Clearwater shall require the developer to construct sidewalks along the corridor contiguous to the propertv being developed that directlv serves the public school facilitv, in support of Section 1013.36 (5), F.S. and the MPO 2025 Transportation Plan. - 21 - Attachment number 7 Page 22 of 22 36. GOAL - OPPORTUNITIES ARE MAXIMIZED FOR PUBLIC SCHOOLS TO BE DESIGNED SUCH THAT THEY CAN SERVE A VITAL EMERGENCY MANAGEMENT PURPOSE IN TIMES OF DISASTER. 36.1 Obiective - The safety of the public shall be a hi2h priority when desi2nin2 future public school facilities and renovatin2 existin2 facilities. Policies 36.1.1 The Citv shall coordinate with the School District and Pinellas Countv on emergencv preparedness issues, including the use of public school facilities for emergencv shelters. 36.1.2 Future public school facilities that are not located within category 1, 2 or 3 evacuation zones, shall be designed to serve the public as emergencv shelters, consistent with Section 1013.372 F.S. These public school facilities shall be designed according to the public shelter criteria outlined in the Florida Building Code. 36.1.3 The Citv shall annuallv update its Capital Improvements Element to ensure that the School District's capital needs are reflected in the Comprehensive Plan, enabling that coordination of existing and planned public school facilities with the required local capital proi ects needed to provide emergencv shelter spaces, as identified bv the Tampa Bav Regional Hurricane Evacuation Studv, developed bv the Tampa Bav Regional Planning Council. - 22- Meeting Date:2/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a 30-year, 3 percent interest loan with five years of deferred interest to Habitat For Humanity of Pinellas County for the Stevens Creek Project in the amount of $600,000 to acquire real property that will be used to build new single-family homes for low to moderate-income families, and authorize appropriate officials to execute same. (consent) SUMMARY: Habitat for Humanity of Pine lIas County, Inc. submitted an application on December 19, 2007 for funding in the amount of a $600,000 loan to acquire real property that will be used to build new single-family homes for low to moderate-income families. The loan will be structured as a 5-year deferred payment loan with 3% interest for 30 years. The funds will be repaid when each home is sold to an eligible homebuyer. The property is located at 1884 Betty Lane in Clearwater. The site contains approximately 8.81 acres of land. The site is the former Homer Villas, a rental community presently owned by the Clearwater Housing Authority. The acquisition is subject to Habitat building affordable housing units for mixed-income families. A minimum of 50 units must be for families whose income is less than 80% of area median income. The property acquisition cost is $1,189,350. The remainder of funds needed for the acquisition will come from Pinellas County. The acquisition cost of $20,158 per unit is very reasonable. After purchase, Habitat Pinellas will demolish all of the existing structures on the property. Currently, all of the housing units are vacant and show signs of deterioration. Habitat proposes to build fifty (50) single-family homes that would provide affordable housing for families whose incomes fall within 30-80% of area median income. To keep the units affordable, Habitat proposes to use volunteers to partner with a general contractor to perform the work. In addition to further affordability, Habitat will provide reduced mortgages to homebuyers. According to a recent Nexus Study, Pinellas County is facing a crisis in affordable housing with the loss of affordable rental units and mobile homes, an increase in the price of ownership housing and significant increases in construction costs. The city's dwindling supply of developable land further exacerbates the problem by forcing up land costs and requiring expensive redevelopment of properties with existing structures. Now considered a statewide crisis, high insurance costs and real estate taxes are burdening all households. For some, insurance and real estate taxes exceed their mortgage payments. Only 26 percent of county households can afford the median priced home ($199,900) and only 52 percent can afford the median priced apartment ($960 per month). Forty two (42) percent of Pinellas County households spent more than 30 percent of their gross household income on housing in 2005, exceeding the affordability standard set by the U. S. Department of Housing and Urban Development. By providing affordable homeownership housing, Habitat hopes to improve the housing stock in the neighborhood, raise the property values, create economic incentives for additional public and private investments in housing in areas targeted by the city for revitalization. Building these affordable units will help the city reach its goals of providing new single family homes as identified in its Five- Year Consolidated Plan. To ensure a mixed-unit development, Habitat will work with a developer to build nine (9) units that will be available for families between 80% and 120% of area median income. Habitat for Humanity of Pinellas County gives struggling households an opportunity to own a home. Habitat has built 140 homes in 23 years. The units were sold at no profit and financed with zero percent interest. Habitat has an experienced staff that has a solid history in housing development. Habitat has a property acquisition contract with the Clearwater Housing Authority that requires a February 2008 purchase. Habitat has met with the local development officials for approval of the project. The results have been favorable although the project has not officially been approved by the city's Planning Department. After purchase, Habitat will develop site plans and submit them to the city. They anticipated a construction start in July 2009. The units will be built in phases with the project compb3WPrV!~\;duled for February 2013. Item # 9 Homebuyers in this project will be required to attend eleven mandatory classes in preparation for homeownership and contribute between 250-350 hours of sweat equity, volunteering at Habitat in some capacity, mostly in the construction site. They will also be required to make nominal payments each month towards the closing costs for the future home. As per the city's Loan Approval Policy approved on January 2005, loans above $500,000 require City Council approval. The project will be presented to the Neighborhood and Affordable Housing Advisory Board (NAHAB) on February 12,2008 for the tentative approval and commitment of funds from the FY 2006-07 Pinellas County Community Housing Trust Fund Program funds. Type: Current Year Budget?: Other None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $600,000 Annual Operating Cost: Total Cost: $600,000 to Appropriation Code 0193 -00000-128166-000-0000 Amount $600,000 Appropriation Comment Infill Housing Review Approval: 1) Clerk Cover Memo Item # 9 Attachment number 1 Page 1 of 3 CITY OF CLEARA TER LOAN APPROVAL POLICY January 2005 The City of Clearwater - Economic Development and Housing Department - Housing Division provides funding to income eligible households and housing developers for such things as Down Payment and Closing Costs Assistance, New Construction, Acquisition, and Rehabilitation activities. The bulk of activity is conducted through a joint effort between the City of Clearwater, local housing non-profits, local private-sector businesses and lending institutions. The City provides funding typically in the form of a deferred payment loan, low-interest loans and lor grants. The City often will provide funds to a housing developer to construct a home and those funds, or a portion thereof, are repaid to the City when the home is completed and sold to an eligible household. All loans are executed directly between the City of Clearwater and the pre-qualified applicants and/or housing developers. The Housing Division receives funding from the federal and state governments. Through the federal government, the Housing Division receives Community Development Block Grant (CDBG) and HOME Investment Partnership program funds. Through the State of Florida, the division receives State Housing Initiatives Partnership (SHIP) program funds. The CDBG and HOME programs are federal programs administered by the Department of Housing and Urban Development (RUD) and the SHIP program is administered by the Florida Housing Finance Corporation (FHFC). Currently all housing loans, of which the majority are for downpayment assistance (DPA) and rehabilitation, are underwritten by either the housing non-profits and/or staff. Loans are approved first by the non-profit, and then by the division's Housing Coordinator and Assistant Director. Typically, the DPA loans are in the $7,000 to $30,000 range and rehabilitation loans are in the $15,000 to $50,000 range. On occasion we do receive request for loans in excess of $100,000. These are typically for infill housing or multifamily developments. The infill housing loans are typically made directly to the housing non-profit developing the home and are repaid (or a portion thereof) when the home is completed and the buyer obtains permanent financing. Under the new Loan Approval Policy, loan approval authority will be tiered based on the amount of the loan. The approval limits are listed below: . Up to $150,000 - Housing Coordinator (or Manager) & Assistant Director . $150,001 to $200,000 - Housing Coord. or Mgr., Asst. Director & Director . $200,001 to $300,000 - Asst. Director, Director & Assistant City Manager . $300,001 to $500,000 - Asst. Director, Director, ACM & City Manager . Above $500,000 - Asst. Director, Director, ACM, City Manager & City Council For all loans above $150,000, it will require the signatures of person at that level and everyone below. For example, a $175,000 loan would require the approval of the Assistant Director and Director. A loan in the amount of $250,000, would require the Assistant City Manager, Director and Assistant Director approvals. Item # 9 Attachment number 1 Page 2 of 3 Staff is proposing the above policy because we have had several proj ects recently request funds that were above our typical loan amount. These larger loan requests typically deal with rental developments. Staff feels that for the higher loan amounts, it would be a good fiscal policy to have a tiered approval process. Approval authority for forgiving, reducing, restructuring and/or deferring loans will remain as those outlined in the Housing Division's - Loan Forgiveness, Write-Off and Workout Policy, as amended, which are as follows: . Loans $10,000 and under can be handled at the Assistant Director level . Loans $10,001 to $25,000 must be handled at the Director level . Loans $25,001 to $50,000 must be handled at the Assistant City Manager level . Loans $50,001 to $100,000 must be handled at the City Manager level . The City Commission must handle all loans above $100,000 Item # 9 Attachment number 1 Page 3 of 3 CITY OF CLEARWATER LOAN APPROVAL FORM The Habitat for Humanity of Pin ell as County, Inc., applied for funding on December 19, 2007 in the amount not to exceed $600.000 to be used for the acquire real property to build 59 new single family homes on property located at 1884 Betty Lane, Clearwater, Florida. This loan approval memo recommends allocating an amount not to exceed $600.000 to Habitat for Humanity of Pin ell as County, Inc. FY 2006-07 Pinellas County Community Housing Trust Fund Program. The persons listed below have reviewed the attached project description and have either approved or declined the request. By signing below the individuals are affirming that they have "Approved" or "Declined" the funding request of the Developer as indicated above. Approved Declined D D Housing Manager Date D D Assistant Director of Housing Date D D Director of Economic Development & Housing Date D D Assistant City Manager Date D D City Manager Date Item # 9 - ~-d"': - .....::=....______...;;:t-l_&, - '" ~ - ~ - ""- ~ Pl"'~ ~1 ~~ i. i,,,-= -o.__k.4-!;..~.co ~~~-4- Meeting Date:2/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Declare the list of vehicles and equipment surplus to the needs of the city and authorize disposal through sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida, and authorize the appropriate officials to execute same. (consent) SUMMARY: Vehicles and equipment have been replaced as necessary and are no longer needed. Tampa Machinery Auction is the Pinellas County Purchasing Cooperative Auction Auctioneer of Record. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Other No Budget Adjustment: No Revenue N/A N/A Annual Operating Cost: Total Cost: to Appropriation Code 0566-00000- 364413-000-000- 0000 Amount To be determined Appropriation Comment Sale proceeds Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk No Bid Number: Bid Exceptions: None Cover Memo Item # 10 Attachment number 1 Page 1 of 1 Surplus for February 21, 2008 REASON FOR ITEM # Asset# YEAR DESCRIPTION SERIAL NUMBER MILEAGE SURPLUS I DISPOSAL 1 G0388 1977 HOMEMADE SEWER ROD Trailer G388 N/A AGE & CONDITION 2 G0532 1989 F350 PICK UP TRUCK 2FT JW35H2KCB36239 39,350 AGE I RUSTING 3 G0589 1991 F350 UTILITY BODY PICK UP 1 FDKF37H4MNA76829 78,992 AGE & CONDITION 4 G090 1 1994 FORD F250 PICK UP TRUCK 1FTEF25N2RNB62863 80,346 AGE & CONDITION 5 G1352 1992 CHEVROLET CAVALIER 1 G1JC8447N719917 4 29,274 Agel numerous repairs 6 G1691 1996 F250 UTILITY BODY PICK UP 1FTHF25H8TEA63608 180,429 AGE & CONDITION 7 G1924 1998 CUSHMAN JR. TURF Scooter 98003079 N/A AGE & CONDITION 8 G1925 1998 CUSHMAN JR. TURF Scooter 98003078 N/A AGE & CONDITION 9 G1926 1998 CUSHMAN JR. TURF Scooter 98004377 N/A AGE & CONDITION 10 G1982 1998 Vermeer SC7523 Stump Grinder 1VRN151 U8W1000137 N/A AGE & CONDITION 11 G2340 2000 E Z Go Workhorse Golf Cart 1356663 N/A AGE & CONDITION 12 G2351 2001 Hustler 2500 Mower 8058184 N/A CONDITION 13 G2526 2002 FORD CROWN VIC POLICE 2F AFP71 W82X 134590 91 ,505 BAD TRANSMISSION 14 G2751 2002 Kawasaki Mule Utility Veh JK1AFCE162B509517 N/A Frame rusted out 15 G3230 2001 E Z Go Workhorse Golf Cart 1502046 N/A AGE & CONDITION 16 G3233 2002 E Z Go Workhorse Golf Cart 2034069 N/A CONDITION 17 White Industries- Coolant Flushing Machine AGE & CONDITION 18 OTC- 30 Ton Shop Press AGE & CONDITION 19 Truck Utility Body with Breathing Air Compressor, Fill Station, and Tanks AGE & CONDTION Item # 10 Meeting Date:2/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a contract with Extensys, Inc., Palm Harbor, FL, in the amount of $470,000 for the acquisition of network equipment, in accordance with Sec. 2.561 (10 (d), Code of Ordinances - Florida State Contract; authorize lease purchase under the City's Master Lease Purchase Agreement and appropriate officials to execute same. (consent) SUMMARY: The City's computer network supports approximately 1600 users located at over 65 locations. Every location on the network possesses one or more switches to manage computer communications traffic. The network infrastructure consists of switches, firewalls, software and some cabling that enable the passing of data between locations and individual users. The City's current infrastructure has been in use for more than 8 years and most of the equipment has reached the end of its supported life (i.e. the manufacturer provides no maintenance support or parts replacement). In addition, changes in the use of technology have increased demands on bandwidth through-put requirements and current infrastructure cannot support higher performance criteria. This upgrade project will also improve network monitoring and management capabilities, improving performance, increasing the efficiency of operational support and improving network security. To fund this contract, Lease Purchase funding of $129,000 is available in project 316-91147, Police Computer Network. The remaining Lease Purchase funding of $341,000 is available in project 316-94814, Network Infrastructure & Server R&R. Annual operating costs include debt costs of $166,750, which are budgeted in the operating budgets of Police (010-01144-591600- 581) for $45,770 and Information Technology (555-09862-571300-582 and 555-09862-572300-519) for $$120,980. Type: Current Year Budget?: Debt-Lease Yes Budget Adjustment: No Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: 470,000 Annual Operating Cost: Total Cost: 470,000 2008 to 2008 Appropriation Code 0- 316-9114 7 -56400 0-316-94814-56400 Amount $129,000 $341,000 Appropriation Comment Cover Memo Review Approval: 1) Clerk Item # 11 900 15th Street Palm Harbor, FL 34683 Attachment number 1 PH 1 Of7t 'lUO e PO - Network Infrastructure - Summary Extended Price HP Pro Curve Solution City Network Network Infrastructure Upgrade - ProCurve Solution 1 $341,000.00 $341,000.00 Police Network Network Infrastructure Upgrade - ProCurve Solution 1 $129,000.00 $129,000.00 Grand Total: $470,000.00 Notes: 1. Pricing is exclusive of Shipping and Handling charges. 2. Prices reflect standard manufacturers warranty unless otherwise noted. 3. All equipment orders require a Purchase Order. A Purchase Order constitutes acceptance of these terms. 4. All trade in prices are subject to verification and approval by the manufacturer. 5. Services require a signed statement of work. Pricing includes pre-sales design consulting services. 6. Prices are valid for 5 days from the quote date and are subject to the manufacturer's special pricing not changing. 7. Product specs, performance or suitability are per manufacturer's published literature only. No RMA's beyond warranty. 8. Extensys, Inc. Invoices on products shipped. The manufacturer and/or distributor may ship partial orders, in these situations customers will receive partial shipments and agree to pay partial invoices. We recommend partial orders not be opened until you have your entire order and have verified the part numbers and quantities, opened products can not be returned. In any case products can only be returned if the manufacturer or supplier provides Extensys, Inc. an RMA. In the unlikely event that equipment is DOA, replacement product will be shipped these items are managed as warranty issues so they are not refunded they are replaced. Contact us immediately if you receive incorrect parts or quantities. 9. Payment terms unless otherwise noted are Net15. Item # 11 This quote is Proprietary of ExtenSys, Inc. and shall not be shared outside the party for which the quote was prepared without prior permission. Page 1 of 7 900 15th Street Palm Harbor, FL 34683 Network Infrastructure - Detail Part Number Attachment number 1 PH 2 of 7t 'lUO e Municipal Services Building Network Core J8700A ProCurve Switch 5412zl-96G Intell Edge J8706A ProCurve Switch zl 24p Mini-GBIC Module J4858C ProCurve Gigabit-SX-LC Mini-GBIC J4859C ProCurve Gigabit-LX-LC Mini-GBIC J8707A ProCurve Switch zl 4p 10GbE X2 Mod J8708A ProCurve Switch zl 4p 10GbE CX4 Module J8712A ProCurve Switch zl 875W Power Supply J8994A ProCurve Switch 5400z1 Premium License J8437A ProCurve lOGbE X2-SC LR Optic J8436A ProCurve lOGbE X2-SC SR Optic UE254E Support 4 Hr 24X7 3 Years HP Pro Curve Manager Plus with Identity and Immunity Manager J9012A ProCurve Ident Drv Mgr 2.0 (500 users) J9058A ProCurve Manager Plus 2.2 + 100 device license J9061A ProCurve Network Immunity Manager 100 device license Network Mgmt ProCurve Manager 2.2 included with all managed ProCurve devices Internet/DMZ J8693A ProCurve Switch 3500yl-48G-PWR Intel Edge J4858C ProCurve Gigabit-SX-LC Mini-GBIC City Hall 1st Floor J8693A J4858C 2nd Floor J8693A J4858C 3rd Floor J8693A J4858C Core J8692A J8694A J8437A J4858C EFO J8692A J4859C Engineering 1 J8692A J4858C Engineering 3 ProCurve Switch 3500yl-48G-PWR Intel Edge ProCurve Gigabit-SX-LC Mini-GBIC ProCurve Switch 3500yl-48G-PWR Intel Edge ProCurve Gigabit-SX-LC Mini-GBIC ProCurve Switch 3500yl-48G-PWR Intel Edge ProCurve Gigabit-SX-LC Mini-GBIC ProCurve Switch 3500yl-24G-PWR Intel Edge ProCurve Switch yl 10Gb 2p-X2 2p-CX4 Mod ProCurve lOGbE X2-SC LR Optic ProCurve Gigabit-SX-LC Mini-GBIC ProCurve Switch 3500yl-24G-PWR Intel Edge ProCurve Gigabit-LX-LC Mini-GBIC ProCurve Switch 3500yl-24G-PWR Intel Edge ProCurve Gigabit-SX-LC Mini-GBIC 2 $13,996.00 $27,992.00 2 $4,299.00 $8,598.00 23 $419.00 $9,637.00 2 $899.00 $1,798.00 2 $5,099.00 $10,198.00 2 $5,099.00 $10,198.00 4 $799.00 $3,196.00 2 $2,999.00 $5,998.00 1 $3,999.00 $3,999.00 4 $2,999.00 $11,996.00 2 $3,410.00 $6,820.00 1 $5,499.00 $5,499.00 1 $2,999.00 $2,999.00 1 $5,999.00 $5,999.00 6 $7,199.00 $43,194.00 10 $419.00 $4,190.00 1 $7,199.00 $7,199.00 1 $419.00 $419.00 1 $7,199.00 $7,199.00 1 $419.00 $419.00 1 $7,199.00 $7,199.00 1 $419.00 $419.00 1 $3,999.00 $3,999.00 1 $3,899.00 $3,899.00 1 $3,999.00 $3,999.00 3 $419.00 $1,257.00 1 $3,999.00 $3,999.00 2 $899.00 $1,798.00 1 $3,999.00 $3,999.00 1 $419.00 $419.00 Item # 11 This quote is Proprietary of ExtenSys, Inc. and shall not be shared outside the party for which the quote was prepared without prior permission. Page 2 of 7 900 15th Street Attachment number 1 P~ 3 of 7 t Palm Harbor, FL 34683 UO e Part Number Description Qty Unit Price Extended Price J8693A ProCurve Switch 3500yl-48G-PWR Intel Edge 1 $7,199,00 $7,199,00 J4858C ProCurve Gigabit-SX-LC Mini-GBIC 1 $419,00 $419,00 Graphics J8692A ProCurve Switch 3500yl-24G-PWR Intel Edge 1 $3,999,00 $3,999,00 J4859C ProCurve Gigabit-LX-LC Mini-GBIC 1 $899,00 $899,00 Gas Admin J8692A ProCurve Switch 3500yl-24G-PWR Intel Edge 1 $3,999,00 $3,999,00 J4859C ProCurve Gigabit-LX-LC Mini-GBIC 3 $899,00 $2,697,00 J4858C ProCurve Gigabit-SX-LC Mini-GBIC 1 $419,00 $419,00 1st Floor J8693A ProCurve Switch 3500yl-48G-PWR Intel Edge 1 $7,199,00 $7,199,00 J4858C ProCurve Gigabit-SX-LC Mini-GBIC 2 $419,00 $838,00 2nd Floor J8693A ProCurve Switch 3500yl-48G-PWR Intel Edge 1 $7,199,00 $7,199,00 J4858C ProCurve Gigabit-SX-LC Mini-GBIC 2 $419,00 $838,00 Back Building J8692A ProCurve Switch 3500yl-24G-PWR Intel Edge 1 $3,999,00 $3,999,00 J4858C ProCurve Gigabit-SX-LC Mini-GBIC 1 $419,00 $419,00 HR J8693A ProCurve Switch 3500yl-48G-PWR Intel Edge 1 $7,199,00 $7,199,00 J4858C ProCurve Gigabit-SX-LC Mini-GBIC 2 $419,00 $838,00 Main Lib J8692A ProCurve Switch 3500yl-24G-PWR Intel Edge 1 $3,999,00 $3,999,00 J4859C ProCurve Gigabit-LX-LC Mini-GBIC 2 $899,00 $1,798,00 Missouri Tower J8692A ProCurve Switch 3500yl-24G-PWR Intel Edge 1 $3,999,00 $3,999,00 J4859C ProCurve Gigabit-LX-LC Mini-GBIC 2 $899,00 $1,798,00 MSB1 J8693A ProCurve Switch 3500yl-48G-PWR Intel Edge 1 $7,199,00 $7,199,00 J4858C ProCurve Gigabit-SX-LC Mini-GBIC 2 $419,00 $838,00 MSB CCS J8693A ProCurve Switch 3500yl-48G-PWR Intel Edge 1 $7,199,00 $7,199,00 J4858C ProCurve Gigabit-SX-LC Mini-GBIC 2 $419,00 $838,00 Net Switch 2 J8693A ProCurve Switch 3500yl-48G-PWR Intel Edge 1 $7,199,00 $7,199,00 J4858C ProCurve Gigabit-SX-LC Mini-GBIC 2 $419,00 $838,00 PDS1 J8693A ProCurve Switch 3500yl-48G-PWR Intel Edge 1 $7,199,00 $7,199,00 J4858C ProCurve Gigabit-SX-LC Mini-GBIC 2 $419,00 $838,00 PDS2 J8693A ProCurve Switch 3500yl-48G-PWR Intel Edge 1 $7,199,00 $7,199,00 J4858C ProCurve Gigabit-SX-LC Mini-GBIC 2 $419,00 $838,00 PKRec J8693A ProCurve Switch 3500yl-48G-PWR Intel Edge 1 $7,199,00 $7,199,00 J4858C ProCurve Gigabit-SX-LC Mini-GBIC 2 $419,00 $838,00 PKRec(2) J8693A ProCurve Switch 3500yl-48G-PWR Intel Edge 1 $7,199,00 $7,199,00 J4858C ProCurve Gigabit-SX-LC Mini-GBIC 2 $419,00 $838,00 Police EOC J8693A ProCurve Switch 3500yl-48G-PWR Intel Edge 1 $7,199,00 $7,199,00 J4858C ProCurve Gigabit-SX-LC Mini-GBIC 2 $419,00 $838,00 Server Room Bench J8693A ProCurve Switch 3500yl-48G-PWR Intel Edge 1 $7,199,00 $7,199,00 Item # 11 This quote is Proprietary of ExtenSys, Inc. and shall not be shared outside the party for which the quote was prepared without prior permission. Page 3 of 7 900 15th Street Attachment number 1 P~ 4 of 7 t Palm Harbor, FL 34683 UO e Part Number Description Qty Unit Price Extended Price J8694A ProCurve Switch yl 10Gb 2p-X2 2p-CX4 Mod 1 $3,899,00 $3,899,00 J8436A ProCurve lOGbE X2-SC SR Optic 2 $2,999,00 $5,998,00 Server Room Rack J8693A ProCurve Switch 3500yl-48G-PWR Intel Edge 1 $7,199,00 $7,199,00 J8694A ProCurve Switch yl 10Gb 2p-X2 2p-CX4 Mod 1 $3,899,00 $3,899,00 J8436A ProCurve lOGbE X2-SC SR Optic 2 $2,999,00 $5,998,00 SW 3548 J8693A ProCurve Switch 3500yl-48G-PWR Intel Edge 1 $7,199,00 $7,199,00 J4858C ProCurve Gigabit-SX-LC Mini-GBIC 2 $419,00 $838,00 Fire Dept. Station 45 J8693A ProCurve Switch 3500yl-48G-PWR Intel Edge 1 $7,199,00 $7,199,00 J4858C ProCurve Gigabit-SX-LC Mini-GBIC 2 $419,00 $838,00 Station 46 J8692A ProCurve Switch 3500yl-24G-PWR Intel Edge 1 $3,999,00 $3,999,00 Station 47 J8692A ProCurve Switch 3500yl-24G-PWR Intel Edge 1 $3,999,00 $3,999,00 Station 49 J8692A ProCurve Switch 3500yl-24G-PWR Intel Edge 1 $3,999,00 $3,999,00 Beach Library J8692A ProCurve Switch 3500yl-24G-PWR Intel Edge 1 $3,999,00 $3,999,00 Condo 440 West J8692A ProCurve Switch 3500yl-24G-PWR Intel Edge 1 $3,999,00 $3,999,00 Countryside Library J8693A ProCurve Switch 3500yl-48G-PWR Intel Edge 1 $7,199,00 $7,199,00 Countryside Rec. J8692A ProCurve Switch 3500yl-24G-PWR Intel Edge 1 $3,999,00 $3,999,00 Gas Sales Drew St. J8692A ProCurve Switch 3500yl-24G-PWR Intel Edge 1 $3,999,00 $3,999,00 Gas Sales Pasco J8692A ProCurve Switch 3500yl-24G-PWR Intel Edge 1 $3,999,00 $3,999,00 Garden Garage J8692A ProCurve Switch 3500yl-24G-PWR Intel Edge 1 $3,999,00 $3,999,00 General Services J8693A ProCurve Switch 3500yl-48G-PWR Intel Edge 1 $7,199,00 $7,199,00 J8692A ProCurve Switch 3500yl-24G-PWR Intel Edge 3 $3,999,00 $11,997,00 Main Library J8693A ProCurve Switch 3500yl-48G-PWR Intel Edge 4 $7,199,00 $28,796,00 Marina J8692A ProCurve Switch 3500yl-24G-PWR Intel Edge 1 $3,999,00 $3,999,00 Meridian Mail at PD J8692A ProCurve Switch 3500yl-24G-PWR Intel Edge 1 $3,999,00 $3,999,00 Moccasin Lake J8692A ProCurve Switch 3500yl-24G-PWR Intel Edge 1 $3,999,00 $3,999,00 MSB-Room 352 J8692A ProCurve Switch 3500yl-24G-PWR Intel Edge 1 $3,999,00 $3,999,00 PBI J8692A ProCurve Switch 3500yl-24G-PWR Intel Edge 1 $3,999,00 $3,999,00 Pier 60 J8692A ProCurve Switch 3500yl-24G-PWR Intel Edge 1 $3,999,00 $3,999,00 Public Services J8693A ProCurve Switch 3500yl-48G-PWR Intel Edge 1 $7,199,00 $7,199,00 J8692A ProCurve Switch 3500yl-24G-PWR Intel Edge 6 $3,999,00 $23,994,00 Item # 11 This quote is Proprietary of ExtenSys, Inc. and shall not be shared outside the party for which the quote was prepared without prior permission. Page 4 of 7 900 15th Street Attachment number 1 P~ 5 of 7 t Palm Harbor, FL 34683 UO e Part Number Description Qty Unit Price Extended Price Reservoir 1 & 2 J8692A ProCurve Switch 3500yl-24G-PWR Intel Edge 2 $3,999.00 $7,998.00 WPC - Marshall J8692A ProCurve Switch 3500yl-24G-PWR Intel Edge 2 $3,999.00 $7,998.00 WPC - East J8692A ProCurve Switch 3500yl-24G-PWR Intel Edge 1 $3,999.00 $3,999.00 WPC - HE J8692A ProCurve Switch 3500yl-24G-PWR Intel Edge 1 $3,999.00 $3,999.00 Spares J8693A ProCurve Switch 3500yl-48G-PWR Intel Edge 2 $7,199.00 $14,398.00 Firewall ASA5520-AIP20- ASA 5520 Appliance wI AIP-SSM-20 2 $15,995.00 $31,990.00 K9 CON-SU2- IPS SVC, AR 8X5X4 ASA5520 6 $3,295.00 $19,770.00 AS2A20K CISC02851 Cisco Router 2851 2 $6,495.00 $12,990.00 S28NAISK9-12417 2800 ADVANCED IP SERVICES 2 $1,700.00 $3,400.00 MEM2851- 256 to 768MB DDR DRAM 2 $3,500.00 $7,000.00 256U768D HWIC-4ESW Four port 10/100 2 $425.00 $850.00 CON-SNT-2851 SMARTNET 8X5XNBD 6 $735.00 $4,410.00 IDS IDS-4215-K9 Cisco IDS 4215 Sensor, 80-Mbps 1 $7,295.00 $7,295.00 CON-SU1-IDS4215 IPS SVC, AR NBD Cisco IDS 4215 Senso 3 $1,313.00 $3,939.00 Product Subtotal: $659,255.00 Less Extensys Savings: Grand Total: ($318,255.00) $341,000.00 Notes: 1. Pricing is exclusive of Shipping and Handling charges. 2. Prices reflect standard manufacturers warranty unless otherwise noted. 3. All equipment orders require a Purchase Order. A Purchase Order constitutes acceptance of these terms. 4. All trade in prices are subject to verification and approval by the manufacturer. 5. Services require a signed statement of work. Pricing includes pre-sales design consulting services. 6. Prices are valid for 5 days from the quote date and are subject to the manufacturer's special pricing not changing. 7. Product specs, performance or suitability are per manufacturer's published literature only. No RMA's beyond warranty. 8. Extensys, Inc. Invoices on products shipped. The manufacturer and/or distributor may ship partial orders, in these situations customers will receive partial shipments and agree to pay partial invoices. We recommend partial orders not be opened until you have your entire order and have verified the part numbers and quantities, opened products can not be returned. In any case products can only be returned if the manufacturer or supplier provides Extensys, Inc. an RMA. In the unlikely event that equipment is DOA, replacement product will be shipped these items are managed as warranty issues so they are not refunded they are replaced. Contact us immediately if you receive incorrect parts or quantities. 9. Payment terms unless otherwise noted are Net15. Item # 11 This quote is Proprietary of ExtenSys, Inc. and shall not be shared outside the party for which the quote was prepared without prior permission. Page 5 of 7 900 15th Street Palm Harbor, FL 34683 Attachment number 1 PH 6 of 7t 'lUO e PD - Network Infrastructure - Detail Part Number Police Department 2nd Floor - Core J8436A ProCurve lOGbE X2-SC SR Optic 4 $2,999.00 $11,996.00 J8440B 10GbE X2-CX4 Xcver 2 $1,099.00 $2,198.00 J8707A ProCurve Switch 5400z1 4p lO-GbE X2 Module 2 $5,099.00 $10,198.00 J8700A ProCurve Switch 5412zl-96G Intell Edge 2 $13,996.00 $27,992.00 J8712A ProCurve Switch zl 875W Power Supply 4 $799.00 $3,196.00 J8994A ProCurve Switch 5400z1 Premium License 2 $2,999.00 $5,998.00 J4858C ProCurve Gigabit-SX-LC Mini-GBIC 2 $419.00 $838.00 J4859C ProCurve Gigabit-LX-LC Mini-GBIC 2 $899.00 $1,798.00 J8706A ProCurve Switch zl 24p Mini-GBIC Module 2 $4,299.00 $8,598.00 UE254E Support 4 Hr 24X7 3 Years 2 $3,410.00 $6,820.00 Software J9012A ProCurve Ident Drv Mgr 2.0 (500 users) 1 $5,499.00 $5,499.00 J9057 A ProCurve Manager Plus 2.2 50 device license 1 $1,999.00 $1,999.00 J9060A ProCurve Network Immunity Manager 1 $4,999.00 $4,999.00 Network Mgmt ProCurve Manager 2.2 included with all managed ProCurve devices 1St Floor J8436A ProCurve lOGbE X2-SC SR Optic 2 $2,999.00 $5,998.00 J8702A ProCurve Switch 5400z1 24p 10/100/1000 POE 2 $3,499.00 $6,998.00 J8699A 5406zl-48G intelligent edge switch 1 $6,998.00 $6,998.00 J8707A ProCurve Switch 5400z1 4p lO-GbE X2 Module 1 $5,099.00 $5,099.00 J8712A ProCurve Switch zl 875W Power Supply 1 $799.00 $799.00 3rd Floor J8702A ProCurve Switch 5400z1 24p 10/100/1000 POE 4 $3,499.00 $13,996.00 J8436A ProCurve lOGbE X2-SC SR Optic 2 $2,999.00 $5,998.00 J8700A ProCurve Switch 5412zl-96G Intell Edge 1 $13,996.00 $13,996.00 J8707A ProCurve Switch 5400z1 4p lO-GbE X2 Module 1 $5,099.00 $5,099.00 J8712A ProCurve Switch zl 875W Power Supply 2 $799.00 $1,598.00 Cisco IDS-4215-K9 Cisco IDS 4215 Sensor, 80-Mbps 1 $7,295.00 $7,295.00 CON-SU1-IDS4215 IPS SVC, AR NBD Cisco IDS 4215 Senso 3 $1,313.00 $3,939.00 Item # 11 This quote is Proprietary of ExtenSys, Inc. and shall not be shared outside the party for which the quote was prepared without prior permission. Page 6 of 7 Part Number Description Attachment number 1 PH 7 of 7t 'lUO e 900 15th Street Palm Harbor, FL 34683 Qty Unit Price Extended Price Product Subtotal: $169,942.00 Less Extensys Savings: Grand Total: ($40,942.00) $129,000.00 Notes: 1. Pricing is exclusive of Shipping and Handling charges. 2. Prices reflect standard manufacturers warranty unless otherwise noted. 3. All equipment orders require a Purchase Order. A Purchase Order constitutes acceptance of these terms. 4. All trade in prices are subject to verification and approval by the manufacturer. 5. Services require a signed statement of work. Pricing includes pre-sales design consulting services. 6. Prices are valid for 5 days from the quote date and are subject to the manufacturer's special pricing not changing. 7. Product specs, performance or suitability are per manufacturer's published literature only. No RMA's beyond warranty. 8. Extensys, Inc. Invoices on products shipped. The manufacturer and/or distributor may ship partial orders, in these situations customers will receive partial shipments and agree to pay partial invoices. We recommend partial orders not be opened until you have your entire order and have verified the part numbers and quantities, opened products can not be returned. In any case products can only be returned if the manufacturer or supplier provides Extensys, Inc. an RMA. In the unlikely event that equipment is DOA, replacement product will be shipped these items are managed as warranty issues so they are not refunded they are replaced. Contact us immediately if you receive incorrect parts or quantities. 9. Payment terms unless otherwise noted are Net15. Item # 11 This quote is Proprietary of ExtenSys, Inc. and shall not be shared outside the party for which the quote was prepared without prior permission. Page 7 of 7 Meeting Date:2/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a five-year agreement from December 1,2007 - November 30,2012, between the City of Clearwater and the Boys and Girls Club Inc., for the use and supervision of the Wood Valley Recreation Center, with an option to renew for three additional periods of five years and authorize the appropriate officials to execute same. (consent) SUMMARY: The original five-year agreement with the Boys and Girls Club (BGC) was in response to internal changes needed in order to fund and operate the larger recreation complexes rather than the smaller neighborhood centers. Rather than closing the center an agreement was reached with the BGC to operate and program the center. The BGC accepted the challenge and has successfully operated and programmed the center since December, 2002. The current agreement expired November 30, 2007 and the BGC has been operating on a month-to-month lease while the necessary BGC approvals were secured. This Center is located on Park Trail Lane just east of the entrance to Moccasin Lake Park and has been supported by a very active neighborhood association for over 30 years. At first they were very apprehensive of anyone except the City operating the center however, the BGC has done an excellent job not only of operating and programming the center but also winning over the hearts of the neighbors. This agreement is similar to the past agreement and will provided the following services: Conduct educational, recreational, cultural and motivational programs for the benefit of neighborhood and Clearwater area youth, adults, and families. Conduct programs similar to those originally offered at Wood Valley including open center hours for free play, organized games, playtime, intramurals and child developmental activities. Facilitate and support community meetings and activities and for use as a voting site. Provide Agency personnel and assistance in monitoring, supervising and programming the outside facilities at the center. Provide all staff, materials and supplies, and operating expenses associated with the center including but not limited to electricity, water, sewer, custodial, sanitation and minor building and maintenance. Under this agreement the City will provide the following: Lawn, landscape and ballfield maintenance for all areas around the Youth Center. Maintenance for all major capital components of the building to include air conditioners, roof, plumbing, electrical, etc. Maintenance for playground equipment and other outside facilities, i.e. basketball court, tennis courts and ballfield. Provide a teen program so long as grant funding is available to support it. Review Approval: 1) Clerk Cover Memo Item # 12 Attachment number 1 Page 1 of 7 AGREEMENT This Partnership and Operational Support Agreement is made and entered into between the City of Clearwater, whose address is: Attn: Parks and Recreation Director, Post Office Box 4748, Clearwater, FL 33758-4748, hereinafter referred to as the City, and Boys and Girls Club, Inc., whose address is: 5111 66th Street North, Suite 200, St. Petersburg, FL 33709-3141, hereinafter referred to as the Agency. WHEREAS, it has been determined to be highly desirable and socially responsible to provide activities to build and foster the confidence, educational, recreational and social skills and good habits in young people, adults and families; and WHEREAS, the City desires to provide recreation programs and activities as a means to help young people, adults and families; and WHEREAS, the City owns the Wood Valley Recreation Center Building, hereinafter referred to as the Facility, located at 2816 Park Trail Lane and WHEREAS, the Agency has provided said programs and activities at the Facility for the past five (5) years and desires to continue offering recreational programs at the Facility; and WHEREAS, the Agency desires to continue to partner with the City in providing recreational programs; and NOW, THERFORE, the parties agree as follows: ARTICLE I. TERM I) Initial Term: The term of this agreement shall be for a period of five (5) years commencing on the 1st day of December, 2007 ("Effective Date") and continuing through the 30th day of November, 2012 ("Termination Date") unless earlier terminated under the terms of this agreement. 2) Options to Renew: This agreement may be extended by mutual written agreement of the parties for three (3) additional periods of five (5) years, on the same terms and conditions as are set forth herein. ARTICLE II. RESPONSIBILITIES OF THE AGENCY I) Services to be Provided: One of the Agency's goals shall be to provide quality programs and services at the Facility. a) Programs: Conduct educational, recreational, cultural and motivational programs at the Facility for the benefit of neighborhood and Clearwater area youth, adults, and families. Some of the core programs to be provided are as follows: Item # 12 Attachment number 1 Page 2 of 7 i) Recreation programs ii) Open center hours for free play iii) Organized games, playtime and intramurals iv) Child development activities v) Facilitation and support of community meetings and activities vi) Educational classes vii) Facilitation and support for use of the Facility as a voting site b) Assistance to the City: Provide Agency personnel and volunteers to operate and supervise activities and special programs at the Facility and other recreation facilities including the basketball courts, tennis courts, playground and ballfields. c) Supervision of Recreation Grounds: Supply the necessary leadership and supervision for the conduct of participants utilizing the recreation grounds adjacent to the Youth Center. d) Supervision of other Facilities: Monitor and schedule the use of other City facilities at Wood Valley Park if needed. e) City Use: Allow the City access to a dedicated room to provide a teen program. The Agency may request use of this room from the City when not in use by the City. 2) Area to be Served: Services rendered through this agreement shall be provided within the corporate limits of the City as it now exists and as its boundaries may be changed during he term of this agreement. The primary target participant group shall reside in areas of the City within a two-mile radius of the Facility. 3) Use of Wood Valley Recreation Center and Park: a) No Illegal Use. The Agency promises and agrees that they will make or allow no unlawful, improper or offensive use of the premises. Further, the Agency understands and agrees that this provision specifically prohibits, among other acts, the sale, consumption or use of alcoholic beverages or controlled substances anywhere in, on or around the Facility and those adjacent areas used by the Agency. b) Rules for Use. Rules and regulations governing the use of the Facility may be established by the Agency, providing they are not in conflict or inconsistent with the ordinances, policies or operating rules of the City or of this Agreement. Such rules and regulations developed by this Agency may provide for and allow user fees in accordance with City guidelines for such fees. c) Inspection by City. The Agency understands and agrees that the Facility premises may be entered and inspected at any time by the City's officers, agents and employees. The City shall notify the Agency at least 48 hours prior to any inspections. The City may 2 Item # 12 Attachment number 1 Page 3 of 7 enter upon the premises immediately in case of an emergency as determined by the City in its sole discretion. d) General Adherence to Law/City Ordinances. Notwithstanding any limitations implied by the provisions above, the Agency promises to observe all applicable law including City ordinances. e) Sign age. The Agency may place an identification sign on the Facility or in the park, at its own expense, according to City codes, and upon written approval from the City. f) Assignment/Sub-Lease. The Agency may not assign or sub-lease any portion of the rights and responsibilities under this Agreement without the prior written consent of the City. 4) Maintenance of the Premises by the Agency. a) Custodial Maintenance. The Agency shall maintain the Facility and adjacent areas used by the Agency in a clean and orderly condition, in accordance with standards implemented by the City for similar City facilities. b) Repair of Damage. The Agency understands and agrees that it is responsible for and will cause to be repaired at the Agency's expense damage to the premises other than normal wear and tear. 5) Payment for all operating expenses: The Agency is responsible to pay all operating expenses associated with the Facility including but not limited to electric, water, sewer, custodial, sanitation and building maintenance, other than capital maintenance as provided for under Article III, Section 2(b) of this Agreement. 6) Payment of Fees and Taxes. The Agency shall obtain all required licenses at its own expense and shall pay all required taxes necessary to the Agency's operation at the Facility. 7) Scheduled Reports of Agency Activities: a) The Agency shall furnish the City Parks and Recreation Department with an annual report of activities conducted under the provisions of this agreement within sixty days of the end of the Agency's fiscal year. Each report is to identify the number of clients served, the type of activities, programs offered and costs of such services. b) The Agency agrees to submit progress reports and other information in such format and at such times as may be prescribed by the City, and to cooperate in site visits and other on- site monitoring (including, but not limited to, access to sites, staff, fiscal and client records, and logs and the provision of related information). 8) Creation, Use, and Maintenance of Financial Records: 3 Item # 12 Attachment number 1 Page 4 of 7 a) Creation of Records: Agency shall create and maintain financial and accounting records, books, documents, policies, practices, procedures and any information necessary to reflect fully the financial activities of the Agency. Such records shall be available and accessible at all times for inspection, review, or audit by authorized City representatives, and shall be made available and disclosed in accordance with Chapter 119, Florida Statutes or other applicable law. b) Use of Records: Agency shall produce such reports and analyses that may be required by the City to document the proper and prudent stewardship and use of the facilities. c) Maintenance of Records: All records created hereby are to be retained and maintained for a period not less than five (5) years or otherwise required by applicable law. 9) Non-discrimination: Notwithstanding any other provisions of this agreement during the term of this agreement, the Agency for itself, agents and representatives, as part of the consideration for this agreement, does covenant and agree that: a) Nondiscrimination: Agency agrees that no person shall, on the grounds of race, sex, handicap, national origin, religion, marital status or political belief, be excluded from participation in, denied the benefit(s) of, or be otherwise discriminated against as an employee, volunteer, or client of the provider, except that programs may designate services for specific client groups as defined in the application. Agency agrees to maintain reasonable access to handicapped persons as required by law. b) Inclusion in Subcontracts: The Agency agrees to include the requirement to adhere to Title VI and Title VII of the Civil Rights Act of 1964 in all approved sub-contracts. c) Breach of Nondiscrimination Covenants: In the event of conclusive evidence of a breach of any of the above non-discrimination covenants, the City shall have the right to terminate this agreement immediately. 10) Publicizing of City Support: Agency agrees to utilize every reasonable opportunity to publicize the support received from City. Agency further agrees to supply City up to three copies of any publication developed in connection with implementation of programs addressed by this Agreement. Such publications will state that the program is supported by City. 11) Liability and Indemnification: The Agency shall act as an independent contractor and agrees to assume all risks of providing the program activities and services herein agreed and all liability therefore, and shall defend, indemnify, and hold harmless the City, its officers, agents, and employees from and against any and all claims of loss, liability, and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property, except claims arising from the negligence or willful misconduct of the City or City's agents or employees. This includes, but is not limited to matters arising out of or claimed to have been caused by or in any manner related to the Agency's activities or those of any approved or unapproved invitee, 4 Item # 12 Attachment number 1 Page 5 of 7 contractor, subcontractor, or other person approved, authorized, or permitted by the Agency in or about its premises whether or not based on negligence. Notwithstanding anything contained herein to the contrary, this indemnification provision shall not be construed as a waiver of any immunity to which City is entitled or the extent of any limitation of liability to pursuant to S 768.28, Florida Statutes. Furthermore, this provision is not intended to nor shall be interpreted as limiting or in any way affecting any defense City may have under S 768.28, Florida Statutes or the as the consent to be sued by third parties. 12) Insurance. The Agency shall procure at its expense and maintain during the term of this Agreement insurance as shown below: a) A Comprehensive General Liability policy with minimum coverage limits of $500,000, covering claims for injuries to persons or damage to property which may arise from or in connection with use of the Facility premises by the Agency including all activities occurring thereon. b) A Business Automobile Liability Policy with minimum coverage limits of $500,000, covering claims for injuries to persons or damage to property that arise from or in connection with use of a motor vehicle owned by the Agency. c) Except for worker's compensation, each insurance policy issued as a requirement of this Agreement shall name the City of Clearwater as an additional named insured. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. d) The Agency shall furnish the City with Certificate(s) of Insurance with all endorsements affecting coverage required by this section. These forms shall be received and approved by the Park and Recreation Director before execution of this Agreement by authorized City officials. e) Worker's Compensation: The Agency shall provide worker's compensation insurance for all their employees in an amount at least equal to the statutory limits of coverage according to applicable State and Federal laws. In addition, the policy shall include employer's liability coverage with a limit of $500,000 per occurrence. ARTICLE III. RESPONSIBILITIES OF THE CITY 1. Grant of Funds. No funds will be provided by the City under the terms of this agreement. 2. Grant of In-Kind Services: a) The City agrees to provide lawn, landscape and ballfield maintenance for all areas in the park and around the Facility. 5 Item # 12 Attachment number 1 Page 6 of 7 b) The City will provide maintenance for all major capital components of the building including air conditioners, roof, painting, plumbing, electrical, etc. c) The City agrees to maintain playground equipment and other outside facilities i.e. basketball court, tennis courts and ballfield. d) The City agrees to clean, maintain and staff the dedicated room to be used for a teen program. If for some reason funding cannot be secured by the City for staffing this program the dedicated space will be turned over to Agency to use for their programming purposes. e) The City will not provide any other additional in kind services, supplies, labor or equipment whether on loan or for consumption to the Agency. f) The City will allow the Agency to use existing furnishings on site i.e. game tables, chairs, tables and desks. The Agency will be responsible for maintenance and replacement of items if needed. ARTICLE IV. DISCLAIMER OF WARRANTIES This agreement constitutes the entire agreement of the parties on the subj ect hereof and may not be changed, modified, or discharged except by written Amendment duly executed by both parties. No representations or warranties by either party shall be binding unless expressed herein or in a duly executed Amendment hereof. ARTICLE V. TERMINATION 1. For Cause: Failure to adhere to any of the provisions of this agreement as determined by the City in its sole discretion shall constitute cause for termination. Such termination shall be effective with 30 days written notice without any further obligation by City. 2. For Municipal Purpose: The City may terminate this agreement should the Facility be needed for any municipal purpose, by giving 90 days written notice. Such termination shall be effective immediately following the ninety (90) days. ARTICLE VI. NOTICE Any notice required or permitted to be given by the provisions of this agreement shall be conclusively deemed to have been received by a party hereto on the date it is hand-delivered to such party at the address indicated below (or at such other address as such party shall specify to the other party in writing), or if sent by registered or certified mail (postage prepaid), on the fifth (5th) business day after the day on which such notice is mailed and properly addressed. 1. If to City, addressed to Parks and Recreation Director, P.O Box 4748, Clearwater, FL 33758 6 Item # 12 Attachment number 1 Page 7 of 7 2. If to Agency, addressed to Boys and Girls Club, Inc., Executive Director, 5111 66th Street North, Suite 200, St. Petersburg, FL 33709-3141. ARTICLE VII. EFFECTIVE DATE The effective date of this agreement shall be as of the first day of December, 2007. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ,2007. day of Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard Mayor William B. Horne, II Ci ty Manager Approved as to form: Attest: Laura Li powski Assistant City Attorney Cynthia E. Goudeau City Clerk BOYS AND GIRLS CLUB INC. By: Printed Name: Executive Director 7 Item # 12 Meeting Date:2/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Agreement between the School Board of Pinellas County and the City of Clearwater for a term from July 2008 through July 2009 for the City to use Pinellas County School buses at a cost of $1.00 per mile plus $19.20 per hour, for a total estimated cost of $50,000 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Parks and Recreation Department organizes field trips requiring bus transportation for participants. The Pinellas County School System (PCSS) allows municipalities to utse their fleet of buses and drivers for $1.00 per mile plus $19.20 per hour for driver with a four-hour booking minimum. During the summer of 2007, 147 field trips used 210 PCSS buses at a cost of $1.00 per mile, plus $19.20 per hour. During the summer of 2008, the department will organize approximately 150 field trips that could use school bus transportation. Comparing a sampling cost of school buses for these trips against the use of private bus lines indicates school buses are a less costly mode of transportation, in most cases. Approval of this Agreement will provide staff with a larger number of options when determining the most cost effective source of transportation for participants. The attached Agreement is similar to Agreements between the Pinellas County School Board and other Pinellas County municipalities that use school bus transportation. The Recreation Programming Division's Operating Budget contains sufficient funds to cover the costs associated with this Agreement. Type: Current Year Budget?: Operating Expenditure Yes Budget Adjustment: No Budget Adjustment Comments: Appropriation Comment: Being coded as a blanket P.O. to 1805 - actual costs will come from a variety of operational codes in Recreation Division. Current Year Cost: Not to Exceed: For Fiscal Year: $50,000 $50,000 2007 to 2008 Annual Operating Cost: Total Cost: $50,000 $50,000 Appropriation Code 1805 Amount $50,000 Appropriation Comment See comments in Budget Adjustment Comments Review Approval: 1) Clerk Cover Memo Item # 13 VEHICLE USE AGREEMENT Attachment number 1 THIS AGREEMENT, entered into this day of ,2008 by and between TImESClibOL BOARD OF PINELLAS COUNTY, FLORIDA, hereinafter referred to as the "School Board," and the City Of Clearwater, a (municipal corporation), hereinafter referred to as "User". The parties agree as follows: 1. The School Board will provide shuttle bus transportation for the month(s) of July 2008 - July 2009, for the purpose of transporting participants in User's sponsored programs. 2. Transportation is for the sole purpose of transporting participants in User's sponsored programs to and from various program locations in Pinellas and adjacent counties. 3. The bus or buses will be operated by an employee of the School Board, who is licensed to drive a school bus, and shall be assigned by the Director of Transportation or designee. Buses may be used under this agreement only if they are available at the times requested, and such use shall not interfere with or impair regular school transportation. The School Board shall be the final authority as to the availability of buses. 4. (a) User shall pay to the School Board, for the use of said school bus service, a sum, per bus of $19.20 per hour to include 15 minutes before and 15 minutes after trip charge; plus 1.00 per mile for weekday trips that begin before 4 p.m., with a minimum charge of four hours. (b) If requests extend to service that begins after 4 p.m., the expense will include a minimum charge of four hours, and a sum per bus of $19.20 per hour to include 30 minutes before and 30 minutes after trip charge; plus 1.00 per mile for the trips that begin after 4 p.m. weekdays, weekends, and any non-school day. (c) "Weekend" is defined as a Saturday and Sunday, except during the time that the School Board is on its summer calendar schedule, Friday will be considered part of the "weekend." "Non-school" day is defined as a weekday wherein students are not scheduled to attend classes. 5. User shall provide to School Board a letter certifying that it is self-insured. 6. This agreement is made pursuant to section 1006.261, Florida Statutes, and the parties agree that they will comply with the provisions therewith. IN WITNESS WHEREOF, the parties have executed this agreement at Largo, Pinellas County, Florida, the date first above written. THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA City of Clearwater, Florida By: Chairman By: Attest: Superintendent Approved as to form: School Board Attorney's Office Bus Use Agreement - Agency Item # 13 SIGNATURE PAGE TO VEHICLE USE AGREEME~ Attachment number 1 Page 2 of 2 Countersigned: CITY OF CLEARWATER, FLORIDA By: William B. Horne IT City Manager Frank V. Hibbard Mayor Approved as to form: Attest: Laura Lipowski Assistant City Attorney Cynthia E. Goudeau City Clerk Bus Use Agreement - Agency Item # 13 ; ;~ Meeting Date:2/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: A ward a contract to Reynolds Inliner, LLC, in the amount of $350,000 for the repair and rehabilitation of stormwater pipelines using a Resin Impregnated Cured In Place Pipe (RICIPP) slip lining method at various locations throughout the City of Clearwater, and that the appropriate officials be authorized to execute same. (consent) SUMMARY: . The City has determined that $350,000 will be necessary to repair and rehabilitate existing stormwater pipelines using a Resin Impregnated Cured In Place Pipe (RICIPP) slip lining method over the next seven months. Our goal is to maintain the integrity of the stormwater system and minimize disruptions to our citizens and vehicular traffic. . The City of Clearwater's Public Services Department Stormwater Maintenance Division is responsible for operating, inspecting, and maintaining the stormwater pipelines. . Orange County, Florida, awarded a contract to Reynolds Inliner, LLC., on May 5, 2006, through the competitive bid process. The contract remains in effect through May 4, 2008. The original contract contains an option to extend the contract through May 4, 2009. The Orange County Contract number is Y6-1005. Reynolds Inliner, LLC. has agreed to honor the rate schedule as outlined in the Orange County contract. The City of Clearwater will direct the contractor to high priority areas as established by review of existing inspection reports and maintenance records. The contract also allows for emergency repair work to be performed at the unit prices included in the contract. . Reynolds Inliner, LLC has established a favorable working relationship with the City, and has demonstrated their ability to provide a reliable product and professional service. First quarter amendments will transfer $52,511.31 of 02 Stormwater Bond Construction Fund revenue from 0377 -96144, Stevenson Creek Implementation Projects to 0377-96124, Storm Pipe System Improvements and $94,737.2704 Bond Construction Fund revenue from 0357-96152, Lake Bellevue Stormwater Improvements to 0357-96124, Storm Pipe System Improvements. Funding in the 04 Stormwater Bond Construction Fund project 0357-96124, Storm Pipe System Improvements, in the amount of $202,751.42 will fund the remaining portion of the contract. Additional first quarter amendments will transfer Stormwater revenue from Capital Improvement Program (CIP) projects 0315- 96124, Storm Pipe System Improvements in the amount of $52,511.31 to 0315-96144, Stevenson Creek Implementation Projects and $94,737.27 from CIP 315-96124, Storm Pipe System Improvements, to 0315-96152, Lake Bellevue Stormwater Improvements. Type: Current Year Budget?: Capital expenditure Yes Budget Adjustment: Yes Cover Memo Budget Adjustment Comments: See summary Item # 14 Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0377-96124-563700-539-000- 0000 0357-96124-563700-539-000- 0000 $350,000 $350,000 2007 to 2008 Annual Operating Cost: Total Cost: $0 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk Amount 52,511.31 Appropriation Comment 297,488.69 No Bid Number: Bid Exceptions: None Cover Memo Item # 14 Attachment number 1 Page 1 of 76 February 23, 2007 BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA AMENDMENT NO. I / CONTRACT NO. Y6-1005 STORM SEWER SLIP LINING REHABILITATION Inliner American, Inc. 109 Applewood Drive Longwood,FL 32750 This amendment is hereby incorporated into the contract documents of the project referenced above. The following items are clarifications, corrections, additions, deletions and/or revisions to and shall take precedence over the original documents. Additions are indicated by underlining, deletions are indicated by strikethrough. 1. In accordance with General Conditions Article 27. Option to Extend the Term of the Contract., the County exercises Option No. I by extendinl! the term of the contract as follows: From: May 5. 2006 throul!h May 4. 2007 To: May 5. 2007 throul!h May 4. 2008 Option Year No. I prices will become effective on May 5. 2007. All other terms and conditions remain the same. 2. All other terms, conditions and specifications remain the same. Board of County Commissioners Orange County, FL . chmi , CPPB, Sr. Contract Administrator ing and Contracts Division ~~ ~ 3- 07 Date Item # 14 Attachment number 1 Page 2 of 76 Inliner American, Inc. and ORANGE COUNTY, FLORIDA AGREEMENT related to CHANGE OF NAME This agreement is made and entered into this <{f! day of ;:'~ ' 2007, by and between Inliner American, Inc. ("Contractor"), a corporation duly organiz fl and existing under the laws of Delaware, and Orange County, a charter county and political subdivision of the State of Florida (UCounty"). WITNESSETH: WHEREAS, the County has entered into certain contracts and purchase orders with American Water Services Underground Infrastructure, Inc, namely, "Storm Sewer Line Rehabilitation If' (Contract Y4-1082) and "Storm Sewer Slip Lining Rehabilitation" (Contract Y6-1005); and WHEREAS, the term "Contracts," as used in this agreement, means the above referenced contracts and purchase orders and all other contracts and purchase orders, including all modifications, made by the County and the Contractor before the effective date of this agreement (whether or not performance and payment have been completed and releases executed if the County or the contractor has any remaining rights, duties, or obligations under these contracts and purchase orders); and WHEREAS, American Water Services Underground Infrastructure, Inc., by an amendment to its certificate of incorporation, dated November 22, 2006, has changed its corporate name to Inliner American, Inc.; and WHEREAS, this amendment accomplishes a change of corporate name only and all rights and obligations of the County and the Contractor under the Contracts are unaffected by this change; and WHEREAS, The documentary evidence of this change of corporate name has been filed with the County. Item # 14 Attachment number 1 Page 3 of 76 NOW, THEREFORE, in consideration ofthe promises contained herein and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County and Authority agree as follows: 1. The Contracts are hereby amended by substituting the name "Inliner American, Inc." for the name "American Water Services Underground Infrastructure, Inc" wherever it appears in the Contracts; and 2. Except as herein modified or amended, the provision, conditions and terms of the Contracts shall remain unchanged and in full force and effect. 3. In the case of any inconsistency between a provision of the Contracts and this agreement, the provision of this agreement shall govern and control. IN WIlNESS WHEREOF, the duly authorized officers of the parties hereto have executed this agreement, effective on the date first above written. ORANGE COUNTY, FLORIDA By: Board of County Commissioners By: &aua, U~~-1 k Johnny M. Richardson, CACM, CPPO 4itle: Manager, Purchasing and Contracts Division Date: Ol- 8' -O? By: Title: Date: U W 01) 2 Item # 14 Attachment number 1 Page 4 of 76 CERTIFICATE Assistant- I, Stephanie McGreqor , certify that I am the Secretary of Inliner American, Inc.; that Mark Harris, who signed this agreement for the corporation, was then Vice President of this corporation: and that this agreement was duly signed for n behalf of this corporation by authority of its governing body and within the ~ of its te powers. Witness my hand and the seal of this corporation this /4lW' day of ,2 ~ ./ (Corporate Seal) 3 Item # 14 Attachment number 1 Page 5 of 76 . STPAUL TRAVELERS License No. RIDER To be attached to and form part of Bond No. 104727235 Issued on behalf of American Water Services Undere:round Infrastructure. Inc. in favor of Orane:e County. a Political Subdivision of the State of Florida as Principal, and as Obligee. It is agreed that: }g 1. The Surety hereby gives its consent to change the Name: from: American Water Services Underground Infrastructure, Inc. to: Inliner American, Inc. D 2. The Surety hereby gives its consent to change the Address from: to: o 3. The Surety hereby gives its consent to change the from: to: 4. This rider shall become effective as of 01/31/07 PROVIDED, however, that the liability of the Surety under the attached bond as changed by this Rider shall not be cumulative. Signed, sealed and dated 02/02/07 Accepted: Travelers Casualty and Surety Company of America By: ~~ 4~/fCI/ ~ ;8ieven M. Garrett Attomey-' -Fact ,.f ..' V t'<:-e- Pres ,'J.~ V1-t RE Robert Corley McLendon Obligee By: ~~ 61- or . . m/l1~~ By: S-4111.866 Item # 14 POWER OF ATTORNEY WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Attachment number 1 __ TRAVELERS Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney-In Fact No. 216155 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 12 9 2 9 6 6 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company. St. Paut Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duty organized under the laws of the State of Minnesota, that Farmington Casualty Company, Traveters Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut. that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidetity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters. Inc. is a corporation duty organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make. constitute and appoint Deborah A. Yates, Steven M. Garrett. William A. Kantlehner, III. Thomas J. Mitchell, Jeffrey A. Brown. Diane L. Phelps, Robert P. Stimpson. S. Annette Mullet. Roger A. Neal. and Linda Kapthammer of the City of I o'lis"ille , State of 1\ t'11111('ky , their true and lawfut Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign. execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behatf of the Companies in theirtmsj.ness of,guaranteeing the fidetity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or ps~~lJi'in aw,~ons o.{'~rr:eedings allowed by law. ",~".~'l; ',. "'\t~ '~'" · ;t,!,.:,~' '!t. IN WITNESS WHEREOF. the Companies have caused this day of May 2006 :;:."'1' Farmington Casualty C9qtP'lP~ ". "'i' '. Fidelity and Guaranty ')nsb.rall~. a9mpall~:.}+.'i Fidelity and Guaranty Insura)k:J Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company e o ~ State of Connecticut City of Hartford ss. I sl St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company By: On this the 1st day of May 2006 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duty authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. 58440-8-06 Printed in U.S.A. '((\~,'c. j~ '- Marie C. Tetreault. Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Item # 14 Attachment number 1 Page 7 of 76 Contract No: Y6-1005 BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY~ FLORIDA CONSTRUCfION TERM CONTRACT CONTRACT: Made between the Board of County Commissioners, Orange County, Florida (hereinafter called COUNTY), represented by the Manager of Purchasing and Contracts executing this Contract, and: American Water Services Undergronnd In(rastructure~ Inc. 109 Applewood Drive Longwood, FL 32750 Federal Identification Number: 76--0469163 The CONTRACTOR shall perform all the Work required by the Contract Documents for the proper execution and completion of STORM SEWER SLIP LINING REHABILITATION in full accordance with the drawings and as elaborated in the specifications of Invitation for Bids No. Y6-1005-J2 (hereinafter referred to as IFB) which is made a part of this Contract as completely as if set forth herein. AMOUNT OF CONTRACT: The County shall pay the Contractor in current funds, and in accordance with the progress payment schedule as stated herein, for the performance of the work., subject to additions and deductions by Change Order as provided in the Contract Documents, the estimated amount of Three Million, One Hundred Fifty-Nine Thousand, Five Hundred Twenty-Five Dollars ($3,159,525). ASBESTOS FREE MATERIALS: All work: under this Contract will be constructed with asbestos free materials. A written. notarized statement on company letterhead is to be submitted with the executed Contract certifying this fact. All payments shall be withheld until such statement is submitted. Contractor shall agree that if materials containing asbestos are subsequently discovered at any future time to have been included in the constmction done by the Contractor or any of its Subcontractors or agents and were not specified in the design or required by the Contract document, Contractor shall be liable for all costs related to the abatement of such asbestos and damages or claims against the County. ADMINISTRATIVE DATA: Payments: Based upon invoices submitted to the Project Manager by the Contractor and Delivery Orders issued by the Project Manager, the County shall make payments against the Contract to the Contractor as provided in the Contract Documents as follows: Item # 14 Attachment number 1 Page 8 of 76 Not later than 30 days following approval of an application for Payment:, ninety percent (90%) of the portion of the Contract AmOWlt properly allocable to labor, materials and equipment incorporated in the Work and ninety percent (90%) of the portion of the Contract Amount properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the application for payment, less the aggregate of previous payments made by the Owner. The Project Manager, may, at his/her discretion, reduce the retainage percentage withheld to 5% when the completion of the Work ascertained as payable exceeds fifty percent (50%) of the total contract amount. Upon Final completion of the entire Work, a swn sufficient to increase the total payments to one hundred percent (100%) of the Contract Amount:, less such amounts as the Owner shall determine for all incomplete work and unsettled claims as provided in the Contract Documents. Upon Final Completion of a Delivery Order, one hundred percent (100%) of the order amoWlt, less such amoWlts as the County shall determine for all incomplete work and unsettled claims as provided in the Contract Documents, shall be paid. Should the Contractor fail to complete all Work on or before the date stipulated for completion on a Delivery Order, or such later date as may result from an extension granted by the County, he shall pay and/or the County may retain from the compensation otherwise to be paid to the Contractor, as liquidated damages, the sum of $200.00 for each consecutive calendar day after the date allowed by the Delivery Order until the entire work is complete, which sum is agreed upon as a reasonable and proper measure of damages which County will sustain per diem by failure of Contractor to complete the Work within time as stipulated; it being recognized by County and Contractor that the injury to County which could result from a failure of Contractor to complete on schedule is lIDcertain and cannot be computed exactly. In no way shall costs for liquidated damages be construed as a penalty on the Contractor. CONTRACT DOCUMENTS: This Contract entered into this date by the Board of County Commissioners hereinafter called the County, represented by the Manager of Purchasing and Contracts executing this Contract and the individual, partnership or corporation named above, hereinafter called the Contractor. Witnesseth that the parties hereto do mutually agree as follows: I. The Contractor shall fi.rrnish all labor, equipment and materials and perform the Work described for the amount specified in individual Delivery Order in strict accordance with the General Conditions, Supplementary Conditions/Special Provisions, Plans and Specifications and other Contract Documents, all of which are made a part hereof and designated as follows: a. Orange County Invitation for Bids/Project Manual, IFB No. Y6-1005-J2, dated February 17, 2006; (which contains the Invitation for Bids, Notice, Instruction to Bidders, Bid Form and Attachments, this Contract, required Bonds and insurance certificates, General Conditions, Supplementary Conditions/Special Provisions, and Specifications); b. Addendum No.1; dated March 7, 2006; c. American Water Services' Bid Proposal dated March 21, 2006; d. Certificates of Insurance; e. Payment/Performance Bonds; Item # 14 Attachment number 1 Page 9 of 76 II. The order of preference of items and documents is as follows: Construction Contract Specifications Supplemental Conditions/Special Provisions General Conditions Permits Bid Proposal Instructions to Bidders m. This is a term Contract for the time period specified in the referenced Invitation for Bid, for the products/services covered by this Contract. The County is not obligated to purchase any minimum amount of products or services, unless otherwise stipulated in the Invitation for Bid. N. Delivery Orders shall not exceed $250,000 without the express written authority of the Manager, Purchasing and Contracts Division. V. This Contract is effective May 5,2006 and shall remain effective through May 4,2007. VI. This Contract may be unilaterally renewed as provided in the Contract Documents, Part F, Article 27, "Option to Extend the Term of the Contract". Any amendments to this Contract must be in writing. Vll. This Contract may be cancelled or terminated as provided for in the Invitation for Bids. VIII. Ordering against the Contract: A Unless otherwise specified in the Contract, the County will place orders by issuance of a numbered Delivery Order against this Contract. Each Delivery Order will specify the locations, description and completion time of the work.. B The obligations of Orange County under this Contract are subject to need and availability of funds lawfully appropriated for its purpose by the Board of County Commissioners, or other specified funding source for this contract. IX. Taxes: The County has the following tax exemption certificates assigned: A Certificate of Registry No. 59-70-004K for tax free transactions under Chapter 32, Internal Revenue Code; B. Florida Sales and Use Tax Exemption Certificate No. 58-12-090729-53C. Item # 14 Attachment number 1 Page 10 of 76 X Invoicing: A. Invoices must be submitte<L in duplicate, referencing this Contract number and the Delivery Order number to: Public Works Department! Roads and Drainage Division 4200 S. John Young Parkway Orlando, Florida 32839 B. Invoices against this Contract are authorized only at the prices stated in your Bid response, unless othernise provided in the Invitation for Bid. TIME OF COl\1MENCEMENT AND FINAL COMPLETION: Work to be completed within period specified on individual Delivery Orders, unless amended by written Change Order executed by both parties to this Contract. COMPLIANCE WITH 1\1IWBE CONTRACf REQUIREMENTS: By entering into this Contract, the Contractor affirmatively commits to comply with the MlWBE subcontracting requirements submitted with his/her bid The failure of the Contractor to comply with this commitment during the Contract's performance period may be considered a breach of Contract. The County may take action up to and including termination for default if this condition is not remedied within the time period specified by the Manager, Purchasing and Contracts. NON-EXCLUSIVE CONTRACT: The Contract resulting from this solicitation shall be non-exclusive and the County may procure the goods or services covered by the Contract from other sources at its discretion. MISCELLANEOUS PROVISIONS: 1. Tenus used in this Contract which are defined in the General Conditions shall have the meanings designated in those conditions. II. County and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Docmnents. ill. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the provisions of this Contract will be held in Orange County, Florida Venue for any litigation involving this Contract shall be the Ninth Circuit Court in and for Orange County, Florida. Item # 14 BOARD OF COUNTY COMl\fiSSIONERS ORANGE COUNTY, FLORIDA DATE: s- / ~()~ Attachment number 1 Page 11 of 76 AMERICAN WATER SERVICES UNDERGROUN INFRASTRUCTURE, INC. Mark Harris, President Type or Print Name Item # 14 Attachment number 1 Page 12 of 76 March 9, 2006 BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA ADDENDUM NO.1 1 IFB NO. Y6-1005-J2 STORM SEWER SLIP LlNING REHABILITATION This Addendwn is hereby incorporated into the bid documents of the project referenced above. The following items are clarifications, corrections, additions, deletions and/or revisions to and shall take precedence over the original docwnents. Additions are indicated by undP.rlining,. deletions are indicated by strikothrongh.. THE BID OPENING DATE OF MARCH 21,2006, HAS NOT BEEN CHANGED. 1. The following represent a cbange to the bid. A. Regarding Part D, Schedule of Prices, Bid Item Descriptions 10, 11, 12, 67, 68, 69, 124, 125, and 126. Revise each description range 66" thIu 84" to read, 6OC. thm 84" B. Regarding Part a, Special Provisions, Paragraph 6. Revise paragraph to read as follows: A Mandatory Pre- Work Conference shall be conducted by the Co\U1ty' s Project Manager or designee to ensure 1.I1derstanding and cooperation of all parties. ~ COBh.ac:mA shaH video III ubth.& stnldm ~ aDd 4l~ wbetr lfthk is ~cbed..ded. priGl to and aim WOIk is cmnpleted. Upon c:ompletiaft of the WOA 11 A tGPJ or tilt .ideo on ~ad disk (~ $hmI be PIO'rided to the COudQ at DO additimull coost. 1'bt cost fOA rideo", "iB be inducted in tilt emit p.;U foA ~n:de ud /0. fw ~g ....d installing mata ~.. C. Regarding Part H, Ted:mical Provisions. Method of Payment, Sub-Paragraph A. Cleaning, to read as follows: A I-lydnmlic Cleaning 1. Light (0 - 9OA. accumulated debris vs. pipe volume) - Per LF 2. Meditnn (10 - 29% accumulated debris vs. pipe volwne) - Per LF . 3. Heavy (30% and greater accumulated debris vs. pipe volume)- Per LF 2. All other tel'1lUJ, conditions and speciflcations remain the same. Y6-100~J2: Addendum #1 Item # 14 Attachment number 1 Page 13 of 76 3. The Bidder shall acknowledge receipt of this addendum by eompletiJl.g the appUcable section in the solicitation or by completion of the acknowledgement information on the addendum. Either form ofackaowledgement must be completed and returned not later than the date and time for receipt oCthe bid. Auth re March 9, 2006 Date Signed American Watec Services Underground Infrastructure, Inc. Name of Firm President TItle Y6-1005-J2: Addendum #1 Item # 14 .I Attachment number 1 Page 14 of 76 **************************************.*************************.*****.***~*** IFB NO. Y6-1005-J2 ISSUED: February 17,2006 OFFICIAL BID FORM -, @(Q)~})? TERM CONTRACT FOR STORM SEWER SLIP LINING REHABn.JTATION .*****************.*********************************************************** MaD or Hand Deliver By 2:00 PM, March 21, 2006 ORIGINAL BID FORM AND THREE (3) COMPLETE COPIES To: BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, FLORIDA INTERNAL OPERATIONS CENTRE II PURCHASING AND CONTRAcrs DIVISION 400 E. SOUTH STREET - 2- FLOOR ORLANDO, FLORIDA 32801 Bid Opening: r March 21,2006, - 2:00 PM American Water Services Underground InfrastrUcture, Inc. COMPANY NAME l09.Applewood Drive 407-260-9668 TELEPHONE NUMBER Rich Nelson COMPLETE MAILING ADDRESS Longwood, Seminole County, Florida 32750 CITY, COUNTY, STATE, ZIP CODE 407-260-9318 FAX NUMBER rvnelson@amwater.com CONTACf PERSON E-MAH.. ADDRESS ***.*********************************.*********************.**.*************** PARTD ***********.**......*.**......************.*..*.*.........**....**....*......* Item # 14 D-1 ~ Attachment number 1 Page 15 of 76 To the Board of County Commissioners Orange County, Florida The bidder understands that he/she is bidding for a term Contract for which no specific projects have been identified in the Invitation for Bids. The Bidder further acknowledges to the following: a. The sites for the work. that may be performed under this Contract may be anywhere within Orange County. b. Countywide local conditions that may impact the work have been considered. c. The Contract Form, General Conditions, Supplementary Conditions, and other Contract documents have been thoroughly examined. d. The resultant Contract will contain estimated quantities, unit prices, extended totals and a total estimated contract amount to furnish all labor, materials, plant:, equipment:, manpower and other resources, including overl1ead and profit These costs shall be the means to price any and all Delivery Orders issued thereund~. e. Each specific site for work. under this Contract shall be issued to the Contractor via Delivery Order per Articles 4, 25, 30, 32 of the General Conditions and others applicable provisions. f. This is a unit price Term Contract and the total Estimated Bid is the sum of all pay items total from the Bid Item Schedule, Pages 0-3 through 0..12. g. No specifications or drawings arc applicable to the Contract. However, if required, specifications and drawings will apply to individual projects issued Wlder specified Deliver Orders. T()1fAL ESTIMATED BASE BID: bfldP ~I v€ (BASIC YEAR PLUS OPTION YEARS 1 & 2) t' ~~pJry"'- NIJJ&' l>>}l.J.IoA> Fotl~ ~AlDu:~ se:YeAhtj-J!JW'{'f'#oIls,fAl)) fIll DO~ ($~11r51a.oo ) It is lmderstood by all Bidder's that all quantities are estimates only and the County is not obligated to purchase any minimum or maximum amount dming the life of the Contract. In the event the Contract is awarded to this Bidder, he/she will enter into a formal written agreement with the County in accOrdance with the accepted Bid within ten (10) calendar days after said Contract is submitted to himlher. The Bidder further agrees 1hat in the event of the Bidder's default or breach of any of the agreements of this proposal, the said bid deposit shall be forfeited as liquidated damages. Item # 14 D-2 Attachment number 1 Page 16 of 76 Y6-1005-J2 SCHEDULE OF PRICES I!.ASIC YEAR (12 MONTHS FROM 0 J.NTHACf AWARD DATE) ITEM TED NO. tDESCRIPTION OUANTITY UNIT UNIT PRICE TOTAL PRICE , I ILidtt Cleaning - IS" thru 18" 1.500 LF ~~ !:h ~. t7lJ 2 Medium Clr:anir12 - IS" thm 18" 1.500 LF ;1. ,tfil ~ ~ f7'17). ;7 3 Heavy Clea.nin2 -15" tbm 18" 1.500 LF I{: () () (p~(JOO#6V 4 Light Cleanina: - 24" tbru 42" 1.500 LF -~O iT.fi 00. 1)0 S Medium C1~ 24" thru 42" 1.500 LF In, () I 15~ OlJd; ()" 6 Hea 24 thru 4r 1.500 LF I~ ; () IJ /5.. O()t); ,,() 7 Light Cleanin2 - 48" thru 54" 1.000 LF -5; 0 () .5 ~ OlD, Ob 8 tMedium Cleanin2 - 48" thm 54" 1.000 LF &f, Of) ~JO()O~OO 9 tHea 48" thru 54" 1500 LF I!J; 00 /&1. K tJo. ()O ,.J}d 10 lLiJdtt CleaniJu!: - '* tbru 84" 500 LF q,{)O JI. s ()(). ttt> IJJ ' 11 - . fRo thru 84" SOO LF 1.5', 00 7~ 5'04. Qi) ,.1\" 12 Heavy ClCBDiml - 'Z6" thru 84" 500 LF 7-/, ()() J(J ..50(J. gV 13 I... and imtal11 5" RICIPP Linina 500 LF fdlJ .00 3t>} {)()O. 00 loess tbm 1.000 IF) (7.s mm) 14 Furnish and insta11IS" RICIPP l..iniJm 5()() LF ~if' tJ. 00 ~.<. O{)(J. 00 1,000 LF or mote) (7.5 n:m) 15 IS-inch RICIPP 1,500 LF 0.50 '7S0. () 0 Thickness Variance 1.5 nun - ....~q 16 Furnish and"install. 18" RICIPP linDut I.S()() LF 7o.tJO /00; ""0. 1J0 (less than 1000 LF)(9 rmn) 17 lFumiih and instaI118" RICIPP lininj;t 1.500 LF - ('7. () () 7:'//.oOtJ. dO Itl.OOO LF or more) (9unn) 18 Ig..inch RICIPP 1,500 LF ~ ,.60 .5: .;l 6"tJ. ()c} rrmckness Variance 1.5 DDI1 ItAm i:/:. 14 D-3 . Attachment number 1 Page 17 of 76 19 Furnish and install 24" RICIPP linin2 2.000 LF "'lE, ()() J 70~ OOC. g7) l1ess than 1000 LFXI0.5 mm) 20 Furnish and install 24" RICIPP 1ini:nR 1.500 LF (;,0,01) qo. ObD. (}t) 1,000 LF or more) 00.5 mm) 21 '4-inch RICIPP 1500 LF .1(',00 '1. ,5'I'J/J. tnJ Thickness Vari.ance 1.5 mm . 22 I<unrish and iDstalJ 30" RICIPP 1inin2 2.000 LF 1~t),O() ~"j O(JO. tJ" l1ess than 1000 LFl (12 nun) 23 FlUD.lisb and insta1l30" RIClPP 1ininR. 1.500 LF 'l[{,OO '. j I), ,SOC. (JO 1 000 LF or IIJJIe )(12 mm) 24 30-inch RICIPP 1.500 LF (,.oO 'I; 75~., liP _. Variance 1.5 mm 25 Furnish and install 36" RICIPP Iinin2 1.500 LF /3o.otJ -"15. OtJ().. OJ) l1ess than 1000 I..F) 05 mm) ~ 26 E'umish and install 36" RICIPP lininll 1.000 LF q 6, Ot) q~()()(), ()~ 1 000 LF or more) 05 nttn) 27 36-inch RIClPP - 1.500 LF "',50 /1 ~5o. fit) Variance 1.5 mm 28 Furnish and iDstaII42" RICIPP IiniIUt 500 LF J"7..~ ()() ~ 7) 6' t)(J..-tf7) rless than 1000 LF)(16.5 mm) 29 Furnish and in5tall42" RICIPP liDin2 SOO LF 1~5. ()tJ (, 7~ 6' tJ() ~ ()() 1.000 LF or more) 06.5 nun) 30 42-inch RlCIPP 500 LF '1,60 .3 , '751. t11) Thickness variance 1.5 IIDD. 31 Furnish and insta114S" RICIPP 1iI1in2 500 LF /q 5, Of) '/7. 5()o. thJ I'tcss than 1000 I..F) 09.5 min) 32 - .. and insta1l48" RlCIPP 1ininR 500 LF IS(). IJ'D,"' '75. "44.. tnJ 1.000 LF or IDDJ"C) (19.5 mm) 33 48-inch RICIPP 500 LF '7,~() ~J 7StJ. thf) Tbitbess Variance 1.5 :mm . 34 Furnish and imtaU 54" RICIPP lini:n.q 500 LF ~.3", tnJ / h6. (JIJ(). "t> (less than 1000 LFl (27 Dml) Item # 14 D-4 Attachment number 1 Page 18 of 76 35 lFomish and install 54" RICIPP linimt. 500 LF ~ '7~, Of) I"J..C AtJ~~ 40 1.000 LF or UlOre} (27 mm) . 36 54-inch RlClPP 500 LF I, CO 5/)".. ()IJ iIbic1mcss Variance 1.5 mm 37 . . and iosta1l 60" RICIPP liDin2 500 LF .2J "" I ,,() 1"iI). ~()tJ. "0 (Jess than 1000 LF) (28.5 mm) 38 ~umi.sh and install 60" RICIPP lin.ina 500 LF J-,z().OO )J/ij) IJtJO# 1)0 1.000 LF or more) (28.5 mm) 39 ro.incb RICIPP SQ() LF !tOO 5()(), b" Variance1.5mm. 40 Fwnish and install 72" RlCIPP linin2 SOO LF Jf,).8, ~ () :2./tJ I ~()().. f)() (less. than 1000 I..F) (33 mm) 41 . and install 72" RlCIPP lin:in2 50(] LF ~Jf() i /J() 170 J ()tJ(). ()IJ 1.000 LF or more) (33 rom) 42 72-inch RICIPP 500 LF I, ()O I{"(J(),OO Tmckoess VariaDce 1.5 mm 43 Fumish aDd install 84" RIClPP linin2 500 LF ~.IfC,()O ].')..()J ~()(). PO (less than 1000 LF) (36 mm) 44 - . . md inata.1l 84" RIClPP linina 500 l.F ~lJJ. 00 I~()j (JOO. " () 1.000 LF or more) (36 mm) 45 84-ioch RICIPP 500 IF I, {JO 50b. ()O VariaDce 1.5 mm 46 Dewatcr:inJz 15" tbru 18" 500 LF I,op .6'dO, ()" 47 24" dim 42" 500 LF 1,6'0 7iIJO. pi) 48 Dewatcrinll48" thru 54" 50CJ LF :l.OD /,('IOP..bO f., ~, 49 "~thm84" 500 LF ~. at{ I~ ItA.5", ,,~ 50 Bama Sod 2.()()( SF () ..3t:J --z;;;;j, tJ " 51 1st A Sod 1-000 SF b ,5.5 S5"d,/)O 52 Isetuo Fee CleaninR Less Than 100Ft loe pp 56(),OO 55;/ tJt)O.. (]V Item # 14 D-5 Attachment number 1 Page 19 of 76 55 100 pp ,()O 53 54 200 pp 0, '5(); ()() 5 000 LF ()O 56 57 . erS J..5. () () DlJ(). ()" TOTAL ESTIMATED PRI .0" OPTI [)N YEAR NO.1 (12 MO FR.QM. COMPLETION DATE OF BASE YEAR) ITIr.M TED NO. IDE8CIUPTION OUANTITY UNIT UNIT PRICE TOTAL PRICE 58 ILwtt Clean:iwl: - 15" thru 18" 1.500 LF d.()() ~. (Y)() 00 59 lMedium Cleanin2 - 15" tbru 18" 1.500 LF d. {)() ~. ()(V).OO . 60 lHeavy . 15" tbru 18" 1.500 LF l\.oo 111 . DOn. 00 61 lLidrt Cleanin2 - 24" tbru 42" 1.500 LF '1. !>O II ..J~ 00 .. 62 Medium Cleanin2 24" tbru 42" 1.500 LF 10.00 T &:;.. ON'\. 00 . 63 lHeavv CIeanin2 - 24 thru 42" 1500 I.F I" 00 ( ~ .C'\r{) 00 64 lLi2ht Qeanimr - 48" thru 54" 1000 LF ~OO ~.CC'1\.. 00 65 lMediwn Qeanin2-4S" tbru 54" 1.000 LF G.O() q .onn. 0() 66 lHeavy ,- - 48" thru 54" 1500 LF t ?la 00 IQ.~. 00 ,JI- 67 ILwn Cleaniu - ~ tbru 84" 500 LF q..OO U.500.oo . 1..1\ II 68 Medium -~ dttu 84" 500 LF 15. 00 ... .,.~ 00 1-1lU 69 Heavv Cleanin2 -l6'" thru 84" 500 LF ,Q\ 00 10. ~OO. 00 70 !Furnish and instaIllS" RIClPP Lini.m! 500 IF loC).. tlO ~ .rl'Yl 00 In.ess than 1.000 LF) (7.5 rmn) 11 lFmiJisb. and install IS" RlCIPP LiDiIul 500 LF r::..t). 00 ~S-'YY) DO 1'1.000 LF or mIXe) (7.S mm) 1+.....rY\ -1+ -1 A D-6 Attachment number 1 Page 20 of 76 72 15-inch RlCIPP 1.500 LF ().. 6"0 '1 F){) 00 Thickness Variance 1.5 mm 73 Furnish and instaIllS" RICIPP lining; 1,500 LF '10.. 00 I ri ~.I'd} rP Oess than 1000 LF)(9 um) 0# 74 F11I'IJish and instaIlIS" RICIPP ~ 1.500 LF EoL 00 Q \ '!ill.. 00 f1.000 LF or more) (9mm) 75 is-inch RIClPP 1,500 LF ~SO ~, .:J.r::.tl_ C$) Thickness Variance 1.5 mm . 76 ~ . . and instaIl24" RlCIPP lining 2,000 LF S? S. 00 , r') (). N":O.. cO (less than 1000 l..F)(IO.5 mm) 77 and insta1124" RICIPP Iin:iuR 1.500 LF T"tt.oo qrt~.. 00 1.000 LF or more) (10.5 mm) . 78 i24-inch RICIPP 1.500 LF ~&OO ,.,. r::..f'i:'j. 00 Thickness Variance 1.5 mm 79 Furnish and insta1130" RlClPP lini:ml: 2.000 LF lDrl..oo ..:Jr.l'.. (""'N""t _ CI> (less than 1000 LF) (I2 mm) 80 fumish and install 30" RICIPP lining 1.500 LF '1 S. 00 11~~ao..OO 1.000 LF ormore)(12 mm) 1 81 3~inch RlCIPP 1.500 LF {^_ 50 a.,~o..oo Thickness VariaDce 16 mm 82 lFurnish and install 36" RlCIPP IininR 1.500 LF 1 AA 00 IQS..N'i).. 00 loess than 1000 LF) (IS mm) 83 Furnish and imta1l 36" RICIPP Iinin2 1,000 LF . Q~..OO crc;Jro.oo "1,000 LF or more) US mm) . 84 ~6-ioch RlCIPP 1.500 LF rJ..'50 l\.~..OO ...... . . Variance 1.5 mm . 85 Furnish and instaIl42" RICIPP Iin.inR 500 LF \r'L~_ O()-.>., S?f) a;M.. ~ Oess than 1000 I.F)(16.5 mm) 86 Furnish and install 42" RICIPP ~ 500 LF l ~F).. 00 h{l.~_ 00 t 000 LF or more) n 6.5 nnn) 87 l42-inch RICIPP 500 LF '1...6C> ~.'1~[).. 00 rrmckncss Variance 1.5 nnn Item # 14 D-7 Attachment number 1 Page 21 of 76 88 Furnish and insta1l48" RlCIPP 1inin2 500 LF \qSA 00 Qr"\ ~m. OD (less than 1000 LF) (19.5 mm) 89 Furnish and install4S" RICIPP lioiJli( 500 LF 1 c;o . oD fl t:;.l"'IlIf\ 00 111,000 LF or IJX)t"e) f19.5 mm) 90 48-inch RICIPP 500 LF r'\ .. 50 "" ...., q}.. 00 Thickness Variance 1.5 nun 91 Fumish and instaIl54" RICIPP linin2 500 LF ~~,oD I t "- ~. ()("'i") 00 Oess than 1000 LF) (21 mm) 92 Fwnish and install 54 .. RICIPP lininR 500 LF ~-1().. 00 ~ ODD. 00- '1.000 LF orIDDle) (27 nun) 93 54-inch RICIPP soo LF too SOO.oo Thickness Variance 1.5 nnn 94 Furnish and install 60" RICIPP 1iniIu!: 500 LF .~fd). 00 TI(KlVY) 00 (less than 1000 LF) (28.5 DDJl) 95 Furnish and mstaJl60" RICIPP linin2 500 LF !)S<f\. 00 T4n~tY'f). 00 1,000 l.F ormore) (285 mm) .. 96 6O-inch RIClPP 500 LF 1..00 SM Q() ~ckness Variance I.S mm , 97 Furnish and install 72" RICIPP 1inina 500 LF U.Q.n 00 .:n n N'l) ti) (tess than WOO I..F) (33 nun) ... 98 Furnish and install 72'00 RIClPP 1inin2 SOO LF ~..OO \t10, ()[)r'LOO 1.000 LF or more) (33 nun) 99 72-inch RICIPP SOO LF \..00 ~{"')O". ro Thickness Variance 1.5 mm 100 Fmnish and install 84" RICIPP linin2 500 LF Lt-4(). 00 ~.Qf\ ~ry(5- ro (less than 1000 LFl (36 mm) . 101 PumishlJld install 84" RlCIPP 1inin2 500 LF ?-J. r/:"t_ 0& lRf)~[T(). 00 1.000 LF or JDORl) (36 rom) 102 84-inch RlCIPP Soo LF \..00 Sm..OO Thickness Variance 1.5 DDIl . 103 - IS" tbru IS" 500 LF \ -CIJ .~.ro Item # 14 D-8 Attachment number 1 Page 22 of 76 104 Dewatering 24" tbro 42" 500 LF f6() '75~ rOO 105 48" tbru 54" SOO LF ~rOO II~dd~ ,-v ( .Jl tI 106 ~ ~duu84" 500 LF :/.~K /. I ~ 51 ()CJ 107 Bahia Sod 2.000 SF tJ ,30 hcd- Ob 108 St Aulm.ortimJ Sod 1.000 SF d ,50' 65tJ, tfi> 109 isebm Fee Cleanin2 Less Than 100 Ft 100 pp 55d.IJO 5?J OM. gr) 110 Setun Fee RlCIPPIn Lines Less Than 100Ft 100 pp I.Cf) I ~~. f)O 111 Red Line! As-bw1t Drawin2s 200 pp 0.,6 /5 tJ.trV 112 !videoQeanin2 5,000 LF /P.t)" ..6~. ptJC.OO 113 Video RlCIPP Installation 5.000 LF /~. PO 50; tJtJ(). ~O 114 . SYStem Retl8ir (each residence) 200 EA Pl5:()() 6 J 0/)0. Ot) TOTAL ESTIMATED PRICE.. OPTION YEAR 1 ~~/ffl5t25.d() 24" thru 42" TAL PRICE . - 15" tbru 18" - IS" tbro IS" 121 . - 48" thcu 54" .00 Item # 14 D-9 Attachment number 1 Page 23 of 76 123 He - 48" tbru 54" 1.500 LF \?-. tv) \ Q ~(',() DO cavy' ~ . 124 LiRht - - thro 84" 500 LF q-,OO .d. ~I{YJ -!r/J . 125 Medium Cleaniwl- thru 84" 500 LF ''0.00 '1 ,~.CO ,,-"U 126 Heavy r -Wtbru 84" 500 LF cf)LOO I{)L~C() 127 FnnUsh and install 15" RICIPP Liniml: 500 LF lco.CC> Q{) rrYJ 00 flesa than 1.000 LFl (7.5 DDD.) r 12& I"umishand install 15" RICIPP Linin.u 500 IF @. ()I) :J :'1.()(r). CO 1 000 LF or mm) (7.5 mm) 129 IS-inch RIClPP 1500 LF (j.r:..r-. ,,~CO Thickness Variance 1.5 mm 130 Fwnish and install IS" RlCIPP linin2 1,500 LF '1 () _lY") . \()~ rrn,rx> (less than 1000 LF)(9 nnn) . 131 Furnish and install IS" RICIPP linin2 1.500 LF I D\ ,N:) Q \ -::.v i'..Jl A.) eJ) 1.000 LF or more) (9 mm) 132 18-inch RICIPP 1500 LF ~. cAt) c....~N'). CO rrmckness Variance 1.5 mm 133 Fumiali and install 24" RlCIPP lining 2.000 LF ~5.oo t '10 . CCD. c.o f1ess than 1000 IF)(1O.5 mm) . 134 Fumish and ins1al1 24" RIClPP lininJi!: 1500 LF -I DR. t'n Q{l. CX:O.a:J 0.000 LF Of more) no.5 mn) . -135 124-ioch RlCIPP 1.500 LF ~. ()() rl.~.()() L.- . . Variance 1.5 :mm , 136 furnish and install 30" RICIPP linin2 2000 LF - \t'V"'\. ('y) ~r)i).('{Y). 00 ktess than 1000 LF) (12 mm) . 137 furnish and iDsta.11 30" RICIPP linimz 1.500 LF .,C;;.IY'J TI~ _~~o:J 1,000 LF or more)(12 mm) I ,. 138 30-inch RICIPP 1,500 LF ~. c;r) q . '1 t::..r\. fY) -. . Variance 1.5 mm , . 139 Furnish and install 36" RICIPP linin2 1.500 LF \ ?-f)Pn 'Q~, rY1"\ ,ex) (less than: 1000 l.F) (15 mm) .I Item # 14 D-IO Attachment number 1 Page 24 of 76 140 lFumish and install 36" RICIPP l:inin2 1.000 LF 4S7Yl QS.Cf-J*)tX 1.000 LF or IDOJe) (IS mm) 141 36-inch RICIPP 1.500 LF 1'-f. ~() \\.~~.Cf) -. - Variancc 1.5 mm 142 . - and instal142" RICIPP liDin2 50(] LF \.., <5 J)() ~'l~.CO k1ess than 1000 LF)(165 mm) . 143 IFnmish and install 42" RICIPP liIrin2 500 LF \~~ .Il() , 0'1 ,.....~....)(..,.OO 1.000 LF or more) (16.5 mm) 144- 42-ioch RICIPP 500 LF rl,~ IJ.... t"J ICY) m Thickness Variance 1.5 mm , 145 Pumish and install 48" RICIPP Iinin2 500 LF -IOf).{)() q'l.~.OO l1ess than 1000 LF) (19.5 mm) . 146 iFwnish and install4S" R1CIPP lininR 500 LF \ c;J\ m ,..., ~. ()(y). l)(J 1 000 LF or 1OOle) (19.5 mm) . 147 48-inch RIClPP SOO LF 1J.~ '?-.... ~ F;"/). rY) -. . Variance 1.Smm . 148 Fumish md install 54" RlClPP Jining 500 LF ~ 9--/).fY) \ , ocn.{yy).OO (less than 1000 LF) (27 mm) . r 149 Fumish and install 54" RIClPP Iinin2 500 LF ~rv~ _()r) \ ~~. 1'0. _ .... r.r f 11 Y l.- 1 000 LF or more) (27 mm) ISO 54-ioch RICIPP 500 LF \ lOa ,.- .....f'o.. 00 "::'Y l' J. -. . VariaDce 1.5 DIm 151 - . . and install 6fY' RICIPP 1inin2 5()(1 IF ~\rf).OO t Ft\. ('y'y) QO (less than 1000 LF) (28.5 mm) - 152 Pamish and install 60" RICIPP 1inin2 . 500 LF ~2D.m \ 4A.. tLn. CO 1.000 LF or trIO[1l) (28.5 mm) . 153 l6o-inch RICIPP 500 LF I. Ar\ r'" ,......... 00 "'1I 'X ).' rtmckness Variance 1.5 mm 154 and install 72" RICIPP IininR soc LF L.kqfJ.co .!::l \r'\. O'Y'\ a; (less than 1000 l..F) (33 mm) . . 155 lFurnish and :install 72" RICIPP lining 500 LF ~ ()() ''''A.fYY)_m kl.OOO LF or more) (33 mm) . nem OffiLl- D-ll Attachment number 1 Page 25 of 76 156 n-mchlUCIPP 500 LP 1.rJl) ";:;rf").(){) -. . VariImce 1.5 mil! . 157 - IUd iDsmD 84"' RICIPP 1iDiDR: SO(] LP .L.\40,fY) .!J!;y),f'fY), CD rless 1bm1100fr - -, DDD) 158 aDd bIsIa1l84'" RlCIPP liDiDa SOO LF "l rf),(Y\ \ &0, CY"f\. CO 1.000 LF m marc) l36 nm) , - 159 84-iDch RIaPP 500 LF \ t()() fY'yJ,a.> -. . VaiIDce J.Smm . 160 . IS" tbru IS" 500 LF \ ,rJ() -;;fY), fY) . 161 24- dJru 42" SOO LF \, Cf-{) '1M~N) . 162 . 48" 1bn1 54" SOO LF ):J,c;o r \ f'L() . CX) . t ,.... 163 v.r...r:; thra. 84" SOO LF ~.~~ 1. \a5.D() 164 IBabia Sod 2.00c SF A . -'?tJ I n(){),ro 165 St. . Sod 1.O()(J SF (.) c; C; r:.. ;LA. .00 Y'2lJ . 166 Sebm Fee . Lea'I1:lan 100 Ft 100 pp F;!v) JJO 156 (yy). OJ 167 IseamFee. . lUmP In liaea Lea 'IbID 100 Pc 100 pp -\ (-(') f ()() , a.J 168 Rtd LiDelAa-buiIt - 200 pp n.'1 ~ \~OO 169 --- . . 5.000 LF \,...., ()r'l .~ f"YY'. CC . 170 V1deo-:1UCIPP JywhThat\r<r\ 5.000 LF .\0,00 M, (Y>t"'J .00 171 . ,V--(f>>Ch~) 200 EA A) S,- (Y) . f), (Y)() .0" . TOTAL ESTIMATED PRICE OPTION YEAR 2 ~ /51. !)~5:dtP ..:--~. " . TOTAL BID PRICE (BASIC YEAR, PLUS omON ~~7jr515. ~ . YEARS 1 AND 2) NOTE: It Js-w.dentood by aD bidden that quaatltia listed are estimates ollly aDd the Conty Is Dot obllpted to purchue my minfnmm or 1U.~m amoDDt durlnC the life of the contract. - Item # 14 D-12 Attachment number 1 Page 26 of 76 The Bidder hereby agrees that there is attached a: 1. Non--Collusion Affidavit Yes~ 2. Required Disclosme Yes_ 3. M/WBE Forms Employment Data Yes .,/ Subcontractor/Supplier Page YesT 4. Trench Safety Act Form Yes 7 N/A 5. Drug-Free Workplace Form Yes -r 6. Good Faith Effort Documentation Yes v NO N/A_ (If Goals have not been met) Yes V' 7. Three (3) Complete copies of this Bid Form with !U attachments 8. References Yes II' N/A 9. Bid Bond (1001ct ofTota! Estim9ted Yes ./ Contract Amount for First Contract Year) N/A 10. Licenses Yes V N/A It. Contractor Experience Documentation, with Bid or Yes / within 24 hours of request. (See Part G, Paragraph 15) ~... =-. , , 4 Item # 14 D-13 Attachment number 1 Page 27 of 76 ACKNOWLEDGEMENT OF ADDENDA The Bidder shall acknowledge receipt of any addenda issued to the solicitation by completing the blocks below or by completion of the applicable information on the addendmn and returning it not later than the date and time for receipt of the Bid Failure to acknowledge an addendum that has a material impact on the solicitation may negatively impact the responsiveness of your Bid. MateriaI impacts include but are not limited to changes to specificati~ delivery titne, performance period, quantities, bo~ letters of credit, insurance, quaIifications, etc. Addendum No. 1 Dated March 9, 2006 Addendum No. Dated Addendum No. Dated Addendum No. Dated If awarded this construction Contract, the Bidder agrees to complete the work covered by this Contract as specified on each Delivery Order. The Bidder hereby agrees that the County reserves the right to waive informalities in any Bid and to reject any or all Bids, or to accept any Bid that in its judgement will be for the best interest of the County. FLORIDA CONSTRUCTION INDUSTRIES UCENSING BOARD CERTIF1CATlON: Mark M. arris Americ ater Services Underground Infrastructure, Inc. CUC023665 OF HOLDER) (CERTIFICATION NO.) OF BIDDER) August 31, 2006 (CERTIFICATE EXPIRATION DATE) IDENTIFICATION OF BUSINESS ORGANIZATION Complete and submit the following information: Type ofOrg;tni7Ation { } Sole Proprietorship { } Partnership { } Joint Venture {* Corporation State of:rDcorporation: Dela....are 109 Apple....ood.Drive Principal Place of Business (Florida Statute Chapter 607): Longwood, FL 32750 Item # 14 D-14 Attachment number 1 Page 28 of 76 AUTHORIZED SIGNATORlES/NEGOTlATORS The Bidder or proposer represents that the following persons are authorized to sign and/or negotiate Contracts and related documents to which the.Bidder or proposer will be duly bound: Name Title Tele;phone Number E-Mail Address Mark Harris Presiaent 407-472-0014 mmharris@amwater.com Michael Cannon Sr. Vice President 407-260-9668 mcannon@amwater.cOlI\ Rich Nelson Regional Manager 407-260-9668 rvnelson@amwater.com IN WITNESS WHEREOF, THE BIDDER BAS HEREUNI'O SET HIS SIGNATURE AND AFFIXED SEAL THIS 21st DAY OF March . A.D. 2(J)6. (SEAL) BY: TITLE: President Mark Harris, President PRINT NAME AND TITLE FEDERAL LD.# 76-0469163 r Item # 14 D-t5 Attachment number 1 Page 29 of 76 PARTF GENERAL CONDITIONS ARTICLE 1 - THE CONTRACT The Contract Documents are identified in the Contract, Part E. Titles, Subtitles, Headings, Running Headlines, Table of Contents, and Indexes are printed in the Contract Documents merely for convemence. ARTICLE 2 - DEFINITIONS The words and expressions (or pronouns used in their stead) defined in this Article shall, wherever they appear in the Contract Documents, be construed as follows unless a different meaning is clear from the context. "Addenda" shall mean any additional solicitation provisions issued in writing by the County prior to the date and time for bid openings. "Bid Proposal" shall mean the offer of proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. "Bidder" shall mean any person, fIrm or corporation submitting a Bid for the Work. "Board of County Commissioners" shall mean the Board of County Commissioners, Orange County, Florida, or their duly authorized representative(s). "Change Order" shall mean a written order to the Contractor, signed by the County, authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract and/or Delivery Order, or the Contract Performance Period or Completion Time issued after execution of the Contract or issuance of a Delivery Order. "Completion Time" shall mean the number of days specified on a Delivery Order for completion of the Work on that delivery order. "Contract" shall mean the written agreement between the County and the Contractor covering the Work to be performed; the Contract will be attached to and made a part of the Contract Documents. "Contractor" shall mean successful Bidder (and vice versa), whether a corporation, firm, individual or any combination thereof, and its (or their) successors, personal representatives, executors, administrators and assigns. "Contract Amount" shall mean the total estimated award amount. The term "Contract Price" where used in the Contract Documents refers to the Contract Amount. "Contract Performance Period" shall mean the overall performance period of this Contract. "County" shall mean the Board of County Commissioners, Orange County, Florida, or their duly authorized representative(s), for whom the Contract Work is being performed. F-l Item # 14 Attachment number 1 Page 30 of 76 "Day" shall mean one calendar day when used in the Contract Documents. "Defective Work" shall mean (a) Work that is unsatisfactory, deficient or damaged, does not conform to the Contract Documents, or does not meet the requirements of any inspection, test or approval, or (b) Work associated with punch list items that the Contractor fails to complete within a reasonable time after issuance of the punch list by the Project Manager. "Delivery Order" shall mean any order issued against the basic Contract for construction work in accordance with its terms and conditions. "Drawings" shall mean any drawings issued in conjunction with a Delivery Order to illustrate or further define the work. "Final Acceptance" shall mean acceptance of the Work specified on an individual Delivery Order by the County upon the expiration of the warranty period as stated in the Contract Documents. "Final Completion" shall mean acceptance of the Work by the County as evidenced by its signature upon final Certificate of Completion and approval thereof by the Board of County Commissioners. The final Certificate of Completion shall be signed only after the County has assured itself by tests, inspection or otherwise that all of the provisions and requirements of the Contract have been carried out to its satisfaction. "Notice" shall mean written Notice. Notice shall be served upon the Contractor either personally or by leaving the said Notice at his residence, or place of business, or with his Agent in charge of the Work, or addressed to the Contractor at the residence or place of business given in the Bid and deposited in a postpaid wrapper in any post box regularly maintained by the United States Post Office. "Notice of Intent to Award" shall mean the written notice given by the County to the successful Bidder. "Project Manager" shall be the duly authorized representative of the County during the construction period and is named in Article 10. "Shop Drawings" shall mean all drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the Contractor, a Subcontractor, a manufacturer, supplier or distributor and which illustrate the equipment, material and/or some portion of the work. "Site" shall mean the area upon or in which the Contractor's operations are carried on and such other areas adjacent thereto as may be designated as such by the Project Manager. "Specifications" shall mean parts of the Contract Documents identified as "Specifications" and organized into Divisions. The specifications include general requirements and technical descriptions of materials, equipment, construction systems, standards and workmanship. The term "Technical Provisions" where used in the Contract Documents refers to the Specifications. F-2 Item # 14 Attachment number 1 Page 31 of 76 "Subcontractor" shall mean any person, firm or corporation other than employees of the Contractor who or which contracts with the Contractor to furnish, or actually furnishes labor, materials and/or equipment for the work. "Substantial Completion" shall mean the completion of the Work by the Contractor to the point where the County may make beneficial use of the Work. "Surety" shall mean any corporation that executes, as Surety, the Contractor's Bid Bond and/or Payment and Performance Bonds securing the performance of this Contract, if required. "Work" shall mean any and all obligations, duties and responsibilities necessary to the successful completion of the construction assigned to or undertaken by the Contractor under the Contract documents, including the furnishing of all labor materials, equipment, and other incidentals. ARTICLE 3 - NO ASSIGNMENT OF CONTRACT The contractor may not make any assignment of the contractual agreement between the parties, in whole or in part, without prior written authorization as may be given by the County, at its sole discretion. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without written consent of the party sought to be bound; and specifically but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. ARTICLE 4 - QUOTATIONS. DELIVERY ORDER AMOUNT. PERFORMANCE PERIOD, PRE-CONSTRUCTION CONFERENCE The County shall issue a Request for Quotation to the Contractor based upon a specific requirement for work that is within the scope of this Contract. The Contractor shall visit the site, if needed, and submit a quotation to the County, based solely upon the unit prices contained in the Bid Item Schedule, Part D. The Project Manager shall review the quotation, negotiate quantities as needed, and, upon acceptance of the quotation, issue a Delivery Order to the Contractor. The Delivery Order shall specifY the number of days to completion for the work covered by the Delivery Order. Pre-construction (Pre-work) Conference: Within 20 days after the effective date of the Contract, but before Contractor starts the Work at any site, a conference attended by Contractor, Project Manager, other personnel as required and others as appropriate will be held to discuss such topics as may include, but not limited to; schedules, procedures for handling Shop Drawings and other submittals, processing of invoices, maintenance of traffic, initiation of coordination with affected utilities, and to establish a working understanding among the parties as to the Work. F-3 Item # 14 Attachment number 1 Page 32 of 76 ARTICLE 5 - INTERPRETATION AND INTENT OF THE CONTRACT DOCUMENTS It is the intent of the Specifications and Drawings (if applicable) to describe a the work to be constructed in accordance with the Contract Documents. However, the County makes no representation or warranty of any nature whatsoever to the Contractor concerning such documents. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If the Contractor finds a conflict, error or discrepancy in the Contract Documents, he should call it to the Project Manager's attention in writing before proceeding with the work affected thereby. Any work that may reasonably be inferred from the applicable Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. Work, materials or equipment described in words which so applied have a well-known technical or trade meaning shall be deemed to refer to such recognized standards. In case of conflict the more stringent requirements shall take precedence and govern. ARTICLE 6 - REFERENCE POINTS (If Applicable) Availability of Lands: The County will furnish, as indicated in the Contract Documents and not later than the date when needed by the Contractor, the lands upon which the Work is to be done, rights-of-way for access thereto and such other lands which are designated for the use of the Contractor. Easements for permanent structures or permanent changes in existing facilities will be obtained by the County unless otherwise specified in the Contract Documents. If the Contractor believes that any delay in the County's furnishing these lands or easements entitles him to an extension of the Contract time, he may make a claim therefore as provided in Article 13. The Contractor will provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. The Project Manager will upon request furnish to the Contractor copies of all available boundary surveys and subsurface tests. Unforeseen subsurface conditions: The Contractor will promptly notifY the Project Manager in writing of any subsurface or latent physical conditions at any site which may differ materially from those indicated in the Contract documents. The Project Manager will promptly investigate those conditions and advise the Contractor in writing if further surveys or subsurface tests are necessary. promptly thereafter, if needed, the Project Manager will obtain the necessary additional surveys and tests and furnish copies to the Contractor. If the Proj ect Manager finds that the results of such surveys or tests indicate subsurface or latent physical conditions differing significantly from those indicated in the Contract documents, a change order shall be issued incorporating the necessary reViSions. Reference points: The Contractor shall be responsible for all field survey work that is needed for the execution of the work and the completion of this project as specified herein. All survey Work shall be done under the supervision of a registered professional land surveyor. The County shall furnish, one time, a set of permanent reference markers to form the basis for the above Contractor's survey. All section corners and quarter section corners falling within the limits of this project shall be perpetuated by a Florida registered land surveyor. F-4 Item # 14 Attachment number 1 Page 33 of 76 a. All such comers falling within or on the boundaries of this project shall have reference ties made, certified to and submitted to the County surveyor, Orange County, Florida, prior to the commencing of construction. b. Upon completion of construction and prior to final acceptance by the County, certified corner records shall be submitted to the department of natural resources in compliance with Florida Statutes, Chapter 177.507 and a copy of said certified corner record shall also be submitted to the Orange County surveyor. Said corner records shall reflect the comer as perpetuated and which shall meet these minimum standards: 1. If the comer falls in asphalt or concrete construction, the corner shall be a 2 1/4" brass disc marked according to standard government practices and set in concrete no less than 18" in depth and shall be encased in an adjustable 5 1/4" diameter or larger valve box raised to the finished surface of construction. 2. If the corner falls at any other location, it shall be a 4" x 4" concrete monument no less than 23" long with a 2 1/4" brass disc marked according to standard government practices. The top of said monument shall be set flush with the ground (:tOS depending on conditions). Any US.c. and G.S. monument within limits of construction are to be protected. if monuments are in danger of damage, the Contractor shall contact the Project Manager and the Orange County surveyor prior to the commencing of construction. Payment for all necessary survey work shall be included in the Bid as part of the Contractor's base Bid. ARTICLE 7 - BONDS AND INSURANCE Payment Bond and Performance Bond: The Contractor will execute the Payment Bond and, when required, the Performance Bond (see Part C, 2-h) included herein as security for the faithful performance and payment of all his obligations under the Contract Documents. These Bonds shall be in amounts at least equal to the Contract Amount and in such form and with such sureties as are acceptable to the County. Prior to execution of the Contract Documents, the County may require the Contractor to furnish such other bonds, in such form and with such sureties as it may require. If such bonds are required by written instructions given prior to opening of Bids, the premiums shall be paid by the Contractor. If the Contract is increased by Change Order, it shall be the Contractor's responsibility to insure that the Performance Bond and Payment Bond be amended accordingly and a copy of the amendment is forwarded to the County. If the Surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any State where any part of the Work is located or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall within five (5) days thereafter substitute another Bond and Surety, both of which shall be acceptable to the County. F-5 Item # 14 Attachment number 1 Page 34 of 76 Insurance Requirements: A. Contractor shall procure and maintain for the duration of this Contract, insurance of the types and limits specified in items C.l through CA inclusive below. Insurance carriers furnishing these coverages must be authorized to do business in the State of Florida, and must possess a minimum, current rating of B+ Class VIII in the most recent edition of "Best's Key Rating Guide". Before execution of the Contract by the County and start of the Work, and during the duration of the Contract, the Contractor shall file with the County current certificates of all required insurance on forms acceptable to the County, which shall include the following provisions: 1. Thirty (30) days prior written notice of cancellation or reduction in coverage, except ten (10) days prior written notice is allowed for cancellation due to non-payment of premmm. 2. The County shall be specifically included as additional insureds on the general liability policy. 3. Contract number and project title. All such insurance required of the Contractor shall be primary insurance as respects the County and the Professional. Any insurance or self-insurance maintained by the County and the Professional shall be in excess of the Contractor's insurance and shall not contribute to it. Failure of the COUNTY to demand certificates or other evidence of all compliance with these insurance requirements or failure of the COUNTY to identifY a deficiency from evidence provided will not be construed as a waiver of the Contractor's obligation to maintain such insurance. Any exceptions to the insurance requirements in this section must be approved in writing by the County. B. It shall be the responsibility of the Contractor to ensure that all its subcontractors maintain adequate insurance until the completion of the work under that Contract. The Contractor shall obtain certificates evidencing such insurance from its subcontractors, and shall promptly furnish copies of certificates of insurance evidencing coverage for each subcontractor when requested by the County. Failure of the Contractor to maintain adequate insurance coverage for itself or for any other persons or entities for whom it is responsible, or to ensure that its subcontractors maintain adequate coverage, shall not relieve the Contractor of any contractual responsibility or obligation or liability. F-6 Item # 14 Attachment number 1 Page 35 of 76 C. Coverages: The mmlmum types and amounts of insurance (inclusive of any amount provided by an umbrella or excess policy) shall be as follows: 1. Workers' Compensation - The Contractor shall provide coverage for its employees, with statutory workers' compensation limits, and no less than the limits indicated in the Schedule of Limits, Paragraph D, following, for Employers' Liability. Said coverage shall include a waiver of subrogation in favor of the County, the Professional, and their agents, employees and officials. 2. Commercial General Liability - The Contractor shall provide coverage for all operations including, but not limited to Contractual, Products and Completed Operations and Personal Injury. The limits shall be not less than the limits indicated in the Schedule of Limits, Paragraph D, following, per occurrence, Combined Single Limits (CSL) or its equivalent. The General Aggregate limit shall either apply separately to this Contract or shall be at least twice the required occurrence limit. 3. Business Automobile Liability - The Contractor shall provide coverage for all owned, non-owned and hired vehicles for limits of not less than the limits indicated in the Schedule of Limits, Paragraph D, following, per occurrence, Combined Single Limits (CSL) or its equivalent. 4. Builders' Risk - If this Contract includes: (1) construction of a new above-ground structure or structures, or (2) any addition(s), improvement(s), alteration(s), or repair(s), to an existing above-ground structure or structures, or (3) the installation of machinery or equipment into an existing structure or structures, the Contractor shall provide, in a policy acceptable to COUNTY, "all risk" (i.e. Special Form) property insurance on any such construction, additions, machinery or equipment. The amount of the insurance shall be no less than the estimated replacement value at the time of COUNTY'S final acceptance of such new structures, addition(s), improvement(s), alteration(s), repair(s), machinery or equipment. The coverage shall not be subject to any restriction with respect to occupancy or use by the County and, subject to thirty (30) days' prior written notice to the COUNTY shall remain in full effect until final acceptance by the COUNTY. In addition, the COUNTY, the Professional, and the Contractor's subcontractors of any tier, shall be additional insureds on this policy. The insurance shall include a deductible no greater than one percent (1 %) of the Contract amount, or $25,000, whichever is smaller, for which the Contractor shall be responsible. The risk of loss whether insured or not shall remain with the Contractor until final acceptance. Upon request, Contractor shall furnish to COUNTY complete copies of the insurance policy. F-7 Item # 14 Attachment number 1 Page 36 of 76 D. Schedule of Limits Contract Award Workers' Compensation General Liability Automobile Liability Up to $10 million $500,000 $1,000,000 $10 - $20 million $1,000,000 $5,000,000 over $20 million (TBD) (TBD) (Refer to Risk Management Department) $1,000,000 $5,000,000 (TBD) Notwithstanding the foregoing, the County reserves the right, but not the responsibility, to periodically review any and all policies of insurance and to reasonably adjust the limits and/or types of coverage required hereunder, from time to time throughout the term of this Contract. In such event, County shall provide the Contractor written notice of such adjustments and the Contractor shall comply within 30 days of receipt thereof. E. Indemnification - Subject to the limitations in the third paragraph under this heading, the Contractor will defend, indemnify and hold harmless the County, the Professional, their agents and employees from and against all liabilities, claims, damages, losses and expenses including attorney's fees, arising out of or resulting from the performance of the work, provided that any such liability, claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in whole or in part by a party indemnified hereunder. The Contractor hereby acknowledges receipt of One Hundred Dollars ($100) and other good and valuable consideration from the County as consideration for the indemnification provisions in this Contract. In any and all claims against the County, its agents or employees; the Professional; employees of the Contractor and Subcontractor; all persons directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under worker's compensation acts, disability benefit acts or other employee benefit acts. The indemnification obligations of the Contractor under this section shall not extend to the liability of the Professional, and its agents or employees arising out of ( a) the preparation or approval of maps, drawing, opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to give requested interpretations by the Professional and their agents or employees, provided such giving or failure to give is the primary cause of injury or damage. F-8 Item # 14 Attachment number 1 Page 37 of 76 The Contractor will defend, indemnifY and hold harmless the County and anyone directly or indirectly employed by it from and against all claims, damages, losses and expenses (including attorney's fees) arising out of any infringement of patent rights or copyrights held by others during or after completion of the work, and shall defend all such claims in connection with any alleged infringement of such rights. Provided, however, if this Contract is deemed, by a court of competent jurisdiction, to be a construction Contract for the purposes of Section 725.06, Florida Statues, any obligation of the Contractor to defend, indemnifY or hold harmless the County, the Professional, and their officers and employees, shall be limited to an obligation to indemnifY and hold harmless the County, the Professional and their officers and employees from liability, damages, losses, and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Contractor and persons employed or utilized by the Contractor in the performance of the Contract. The indemnification provisions contained herein shall survive the termination of this Contract. ARTICLE 8 - CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence - The Contractor will supervise and direct the work efficiently and with his best skill and attention. He will be solely responsible for the means, methods, techniques, sequences and procedure of construction, unless otherwise specified. The Contractor will be responsible to see that the finished Work complies accurately and completely with the Contract Documents. The Contractor will keep on the site at all times during its work a competent superintendent who shall not be replaced without written notice to the Project Manager. The superintendent will be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Labor, Materials and Equipment - The Contractor will provide competent, suitable, qualified personnel to layout the Work and perform construction as required by the Contract Documents. He will at all times maintain good discipline and order at the site. The Contractor will furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. All materials and equipment will be new except as otherwise provided in the Contract Documents. If required by the Project Manager, the Contractor will furnish satisfactory evidence as to the kind and quality of materials and equipment furnished. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator or processors except as otherwise provided in the Contract Documents. F-9 Item # 14 Attachment number 1 Page 38 of 76 Emergencies - In emergencies affecting the safety of persons, the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Project Manager, is obligated to act at his discretion to prevent threatened damage, injury or loss. He will give the Proj ect Manager prompt written notice of any significant changes in the Work covered by a Delivery Order, or deviations from the Contract Documents caused thereby, and a Change Order shall thereupon be issued covering the changes and deviations involved. If the Contractor believes that additional Work done by him in an emergency which arose from causes beyond his control entitles him to an increase in the Contract price or an extension of the Contract Time, he may make a claim therefore. Shop Drawing And Samples - After checking and verifYing all field measurements, the Contractor will submit to the Project Manager for acceptance in accordance with the accepted schedule of Shop Drawing submission - five copies (or at the Project Manager's option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the Contractor and identified as the Project Manager may require. The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, materials of construction and the like to enable the Project Manager to review the information as required. Substitute Materials or Equipment - If it is indicated in the Specifications that the Contractor may furnish or use a substitute that is equal to any material or equipment specified, and if the Contractor wishes to furnish or use a proposed substitute, he will within fifteen (15) days after the award of the Contract make written application to the Project Manager for acceptance of such a substitute, certifYing in writing that the proposed substitute will perform adequately the duties imposed by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as the specified. The application will include sufficient information to allow the Project Manager to evaluate the substitutions. The application will state the extent, if any, to which the review, acceptance, furnishing and installation of the proposed substitute will prejudice Contractor's completion of the Work within the Contract Time(s). If the cost of the review of the substitution is greater than that of the originally specified item, the Contractor will reimburse the County for all costs. County may require Contractor to furnish at Contractor's expense a special performance guarantee or other Surety with respect to any substitute. The benefit of lower cost items shall be shared between the County and Contractor as specified in the Instructions to Bidders. No substitute shall be ordered or installed without the written acceptance of the Project Manager who shall be the sole judge of acceptability. Concerning Subcontractors - The Contractor will not employ any Subcontractor, other person or organization against whom the County or the Project Manager may have reasonable objections, nor will the Contractor be required to employ any Subcontractor against whom he has reasonable objection. The Contractor will not make any substitution for any Subcontractor who has been accepted by the Project Manager, unless the County and the Project Manager determine that there is good caused for doing so. F-IO Item # 14 Attachment number 1 Page 39 of 76 The Contractor will be fully responsible for all acts and omissions of his Subcontractors and of persons directly or indirectly employed by them and of persons for whose acts any of them may be liable to the same extent that they are employed by him. Nothing in the Contract documents shall create, nor shall it be interpreted to create, privity or any other contractual relationship whatsoever between any Subcontractor and the County, or any person or business entity except the Contractor, or any obligation on the part of the County to payor to see to the payment of any monies due any Subcontractor, except as may otherwise be required by law. The County may furnish to any Subcontractor, to the extent practicable, evidence of amounts paid to the Contractor on account of specific Work done. The divisions and sections of the Specifications and the identifications of any Drawings shall not control the Contractor in dividing the Work among Subcontractors or delineating the Work to be performed by any specific trade. The Contractor agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract documents for the benefit of the County. All Work performed for the Contractor by the Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor which shall contain provisions that waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by insurance held by the County as trustee. The Contractor will pay each Subcontractor a share of any insurance monies received by the Contractor under this insurance. Patent Fees And Royalties - The Contractor will pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. Permits - The Contractor will secure and pay for all construction permits and licenses and will pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of submittal of a quotation. The Contractor will also pay all public utility charges except as provided for in the Contract documents. Laws And Regulations - The Contractor will give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the Contractor observes that the Specifications or Drawings are at variance therewith, he will give the Project Manager prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations and without such notice to the Project Manager, he will bear all costs arising therefrom; however, it shall not be his primary responsibility to make certain that the Drawing and Specifications are in accordance with such laws, ordinances, rules and regulations. Use Of Premises - The Contractor will confine his equipment, the storage of materials and equipment, and the operations of his workmen to the areas permitted by law, ordinances, permits or the requirements of the Contract Documents and shall not unreasonably encumber the premises with materials or equipment. F-ll Item # 14 Attachment number 1 Page 40 of 76 The Contractor shall confine the operation of workmen and equipment, and the storage of materials and equipment to the County's property at the project site. In the event the Contractor desires to have access to the proj ect site, or perform work or operations pertaining to the Contract on, over or from non-County property adjacent to the project site, the Contractor shall obtain written authorization to do so from the respective adjacent property owner(s) prior to using such property. Such written authorization shall include a provision whereby the property owner agrees to hold the County harmless, and to defend the County, in the event of any liability, loss, injury, or claim incurred as a result of the Contractors work or operations involving the use of the adjacent non-County property. The County shall be provided with a notarized, certified copy of such written authorization(s) before the Contractor commences work or operations or use of such property in connection with work or operations pursuant to this Contract. Safety And Protection - The Contractor will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. He will take all necessary precautions for the safety of and will provide the necessary protection to prevent damage, injury or loss to: A. All employees on the site and other persons who may be affected thereby: B. All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site; and C. Other property at the site or adjacent thereto including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor will comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He will erect and maintain, as required by the conditions and the progress of the Work, all necessary safeguards for safety and protection and, in addition, he will comply with all applicable recommendations of the Manual of Accident Prevention in Construction of the Associated General Contractors of America, Inc., and the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) and subsequent revisions and addenda as published by the U.S. Department of Transportation, Federal Highway Administration and adopted by the Florida Department of Transportation. He will notifY owners of adjacent utilities when prosecution of the Work may affect them. All damage, injury or loss to any property referred to in Paragraph B. and C. caused directly or indirectly, in whole or in part by the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable will be remedied by the Contractor; except damage or loss attributable to the fault of the Drawings or the Specifications or to the acts or omissions of the County, and not attributable, directly or indirectly, in whole or in part, to the fault of negligence of the Contractor. The Contractor must also comply with the guidelines set forth in the Orange County Safety & Health Manual. The manual can be accessed online at the address below: http://www.orangecountyfl.net!cms/DEPT/countyadmin/risk/safety-healthmanual.htm The Contractor will designate a responsible member of his organization whose duty shall be the prevention of accidents at the site. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Project Manager. F-12 Item # 14 Attachment number 1 Page 41 of 76 Cleaning Up - The Contractor will keep the site free from accumulations of waste materials, rubbish and other debris resulting from the Work; at the completion of the Work he will remove all waste materials, rubbish and debris from and about the premises as well as all tools, construction equipment and machinery, and surplus materials, and will leave the site clean and ready for occupancy by the County. The Contractor will restore to their original condition those portions of the site not designated for alteration by the Delivery Order. ARTICLE 9 - WORK BY OTHERS The County may perform additional Work at a site by itself, or it may let other direct Contracts which shall contain General Conditions similar to these. The Contractor will afford the other Contractors who are parties to such direct Contracts (or the County, if it is performing the additional Work itself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work, and shall properly connect and coordinate his Work with theirs. Should the Contract entail relocation of facilities not a part of this Contract, the Contractor will coordinate and cooperate with the applicable entity responsible for this portion of the Work. Water lines, gas lines, wire lines, service connections, water and gas meter boxes, water and gas valve boxes, light standards, cableways, signals, and all other utility appurtenance within the limits of the proposed construction which are to be relocated or adjusted are to be moved by the owners at their expense, unless otherwise provided in the Contract. It is understood and agreed that the Contractor has considered in his Bid all of the permanent and temporary utility appurtenances in their present or relocated positions as shown on the plans and that no additional compensation will be allowed for any delays, inconvenience or damage sustained by him due to any interference from the said utility appurtenances or the operation of moving them. If any part of the Contractor's work depends (for proper execution of results) upon work of any such other Contractor (or the County), the Contractor will inspect and promptly report to the Project Manager in writing any defects, deficiencies or delays in such work that render it unsuitable for such proper execution and results. His failure to report shall constitute an acceptance of the other work, except as to defects, deficiencies and delays which may appear in the other work after the execution of the Work. The Contractor will do all cutting, fitting and patching of his Work that may be required to make its several parts come together properly, and fit it to receive or be received by such other Work. The Contractor will not endanger any Work of others by cutting, excavating or otherwise altering such other Work and will only cut or alter such other Work with the written consent of the Project Manager. If the performance of additional Work by other Contractors or the County is not noted in the Delivery Order prior to issuance, written notice thereof shall be given to Contractor prior to starting any such additional Work. If the Contractor believes that the performance of such additional Work by County or others involves him in additional expense or entitles him to an extension of the Performance Period, he may make a claim therefor as provided in Articles 12 and 13. F-13 Item # 14 Attachment number 1 Page 42 of 76 ARTICLE 10 - PROJECT MANAGER'S STATUS DURING CONSTRUCTION County's Representatives - The Project Manager shall be the Board of County Commissioner's designated representative during the construction period. The designated Proj ect Manager for this Contract shall be Manager, Roads and Drainage Division. ARTICLE 11 - CHANGES IN THE WORK Without invalidating the Contract, the County may at any time or from time to time by written order or directive have additions, deletions or revisions made to the Contract or as specified in individual Delivery Orders; authorized by Change Orders. Upon receipt of a written Change Order, the Contractor will proceed with the change in the Work so ordered or directed. In the event the County issues the Contractor a written order or directive to change the Work and if the County and the Contractor do not arrive at a mutually acceptable increase or decrease in the Delivery Order price at the time the written order or directive is issued, the Contractor shall not use such lack of mutual acceptance as a basis or cause to stop or otherwise delay the progress or completion of any of the work ordered, directed or required pursuant to the Delivery Order. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Delivery Order price or any extension or shortening of the Delivery Order completion time, an equitable adjustment will be made as provided in Article 12 or Article 13. Additional Work performed by the Contractor without authorization of a Change Order will not entitle him to an increase in the Delivery Order price or any extension of the completion time of a Delivery Order, except in the case of an emergency as provided in Article 8. If a Payment Bond and a Performance Bond has been required, it is the Contractor's responsibility to notify his Surety of any changes affecting the general scope of the Work or change of the Contract Price and the amount of the applicable Bonds shall be adjusted accordingly and an amended bond document furnished to the County. ARTICLE 12 - CHANGE OF CONTRACT PRICE/DELIVERY ORDER The amount specified on individual Delivery Orders constitutes the total compensation payable to the Contractor for performing the specified Work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at his expense without change in the Contract Price. The Delivery Order price may only be changed by written Change Order issued by the County. To be eligible for consideration by the County, any claim for an increase in the Delivery Order Price shall be in writing and delivered to the Project Manager within fifteen (15) days of the occurrence of the event giving rise to the claim. All claims for adjustment in the Delivery Order Price shall be determined by the Project Manager. Any change in the Delivery Order Price or Contract Price shall be incorporated in a Change Order. However, no claim for an adjustment to the Delivery Order Price or Contract Amount will be considered for unforeseeable causes that were beyond the fault of negligence of the Contractor or his Subcontractors or supplier, such as acts of God, floods, riots, etc. This restriction does not restrict submission of claims for additional Completion Time due to events of this nature. F-14 Item # 14 Attachment number 1 Page 43 of 76 In the event the value of any Work covered by a Change Order is not mutually agreed to by the County and the Contractor prior to the County issuing the Contractor a written order or directive to proceed with the changed Work, then the County, without the Change Order document being executed by the Contractor, shall not be prevented from issuing the Change Order, nor shall the Contractor fail to proceed without delay with the changed Work as ordered or directed by the County. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Delivery Order Price shall be determined by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved. The amount of credit to be allowed by the Contractor to the County for any such change which results in a net decrease in cost, will be the amount of the actual net decrease as determined by the County. When both additions and credits are involved in anyone change, the combined overhead and profit shall be figured on the basis of the net decrease, if any. Cash Allowances - It is understood that the Contractor has included in the Contract Price any allowances so named in the Contract Documents and shall cause the Work so covered to be done by such material men, suppliers or Subcontractors and for such sums within the limit of the allowances as the County may approve. Prior to final payment, the Contract Price shall be adjusted as required and an appropriate Change Order issued. The Contractor agrees that the original Contract Price includes such sums as he deems proper for cost and profit on account of cash allowances. No demand for additional cost or profit in connection therewith will be allowed. ARTICLE 13 - CHANGE OF CONTRACT PERFORMANCE PERIOD The Contract Performance Period or the Completion Time of any Delivery Order may only be changed by a written Change Order. Any claim for an extension in the Completion Time to be eligible for consideration shall be in writing and delivered to the Project Manager within five (5) days of the occurrence of the event giving rise to the claim. All claims for adjustment in the Completion Time shall be determined by the Project Manager. Any change in the Completion Time resulting from any such claim shall be incorporated in a Change Order. The Contract may be extended in an amount equal to time lost due to delays beyond the control of the Contractor if he makes a claim therefor. Such delays shall include, but not be restricted to, acts or neglect by any separate Contractor employed by the County; fires; floods; labor disputes; epidemics or acts of God. All time limits stated in the Delivery Order are of the essence to the Contract. In the event the Contractor submits a written claim requesting an extension in the Completion Time, whether such request relates to the County's issuance of a Change Order or for delays beyond the control of the Contractor, the Contractor shall submit with the claim supporting data, information, etc., indicating why the Completion Time cannot be met or maintained. The fact that the Work has been changed by a change order, or that a delay has occurred beyond the control of the Contractor, shall not of or by itselfbe considered as justification for an extension in the Completion Time unless or until it is established by the Contractor and approved by the County that the established Completion Time is insufficient for the Contractor to perform or complete the Work required by the Delivery Order. F-15 Item # 14 Attachment number 1 Page 44 of 76 ARTICLE 14 - WARRANTY AND GUARANTEE: ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee - The Contractor warrants and guarantees to the County that all materials and equipment will be new unless otherwise specified and that all Work will be of good quality, free from faults or defects and in accordance with the requirements of the Contract Documents and any inspections, test or approvals referred to in this Article. All unsatisfactory Work; all faulty Work; and all Work not conforming to the requirements of the Contract Documents or such inspections, tests or approvals shall be considered defective. Prompt notice of all defects shall be given to the Contractor. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Article. All warranty and guarantee coverage periods shall commence from the date of acceptance of the Work under a Delivery Order, regardless of the date of installation of Work, except for items which are determined by the County to be in an incomplete or a non-comply status at the time of substantial completion of the Work. The coverage commencement date for warranties and guarantees of such non-comply items shall be the date of the County's acceptance of non-comply items regardless of the date of installation of the Work. The coverage commencement date of warranties and guarantees shall, in accordance with the provisions stated above, be entered on each warranty or guarantee document. However, in the event the coverage commencement date entered on the warranty or guarantee document is not in accordance with the provisions stated above, the coverage commencement date shall none-the-Iess be the date determined by applying the provisions stated above. Tests and Inspections - If the Contract Documents, laws, ordinances, rules, regulations or order of any public authority having jurisdiction over the permitting, construction, use occupancy, activation or operation of the project require any Work to specifically be inspected, tested or approved by someone other than the Contractor, the Contractor will give the Project Manager timely notice of readiness therefor. The Contractor will furnish the Project Manager with the required certificates of inspection, testing or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing Materials or such other applicable organizations as may be required by law or the Contract Documents. If any such Work required to be inspected, tested or approved is covered without written approval of the Project Manager, it must if requested by the Project Manager be uncovered for observation at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by the Contractor unless otherwise provided. Neither observations by the Contractor nor inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the Work in accordance with the requirements of the Contract Documents. Access To The Work - The Project Manager and his representative, other representatives of the County and representatives of all Agencies having jurisdiction over the permitting, construction, occupancy, use, activation and operation of the Work will at all times have access to the Work. The Contractor will provide proper facilities for such access and observation of the Work and also for any inspection or testing thereof by others. Uncovering Work - If any Work is covered contrary to the request of the Project Manager or contrary to the requirements of the Contract documents and applicable standards, it must, if requested by the Project Manager, be uncovered for observation and replaced at the Contractor's expense. F-16 Item # 14 Attachment number 1 Page 45 of 76 If the Project Manager considers it necessary or advisable that covered Work be inspected of tested by others, the Contractor, at the Project Manager's request, will uncover, expose or otherwise make available for observation, inspection or testing as the Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, the Contractor will bear all the expense of such uncovering, exposure, observation, inspection and testing, and of satisfactory reconstruction. If, however, such Work is not found to be defective, the Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and re-construction, if he makes a claim therefor as provided in Articles 12 and 13. Notice to Cure - If the County determines the Work performed pursuant to issuance of a Delivery Order is defective or deficient; if the Contractor fails to supply sufficient skilled workers or suitable materials or equipment; if the Contractor fails to make prompt payments to Subcontractors for labor, materials or equipment; if the work is not progressing in a safe, orderly or well coordinated manner; or if the general progress and/or quality of the work is not adequate to ensure continuation or completion of the work in accordance with the Contract completion time requirements, then the Purchasing and Contracts Division Manager may issue a notice to cure, giving the Contractor a specific period of time (1) in which to submit to the Project Manager a written Plan of Action including a schedule setting forth a plan by which the deficiencies will be corrected, and (2) a specific period of time in which to correct the deficiencies. If the Contractor does not submit a Plan of Action to indicate how and when the deficiencies indicated in the notice to cure will be cured within the specified time frame that is acceptable to the Project Manager, and if those deficiencies are not corrected within that time frame, then the County may take further action, up to and including Contract termination. The Contractor shall not be entitled to any delay claims as a result of the County's issuance of the notice to cure. Correction or Removal Of Defective Work - If required by the Project Manager prior to approval payment on a Delivery Order the Contractor will, promptly, without cost to the County and as specified by the Project Manager, either correct any defective Work whether or not fabricated, installed or completed or, if the Work has been rejected by the Project Manager, remove it from the site and replace it with non-defective Work. If the Contractor does not correct such defective Work or remove and replace such rejected Work within a reasonable time, or as specified in a written notice from the Project Manager, the County may have the deficiency corrected or the rejected Work removed and replaced. All direct and indirect costs of such correction or removal and replacement shall be paid by the Contractor. The Contractor will also bear the expense of making good all Work of others destroyed or damaged by this correction, removal or replacement of his defective Work. One (1) year Correction Period - If, after the approval of payment and prior to the expiration of one (1) year after the date of Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work under a Delivery Order is found to be defective; the Contractor will promptly without cost to the County and in accordance with the Project Manager's written instructions, either correct such defective Work or, if it has been rejected by the Project Manager, remove it from the site and replace it with non-defective Work. If the Contractor does not promptly comply with the terms of such instructions, the Project Manager may have the defective work corrected or the rejected Work removed and replaced; all direct and indirect costs of such removal and replacement will be paid by the Contractor. F-17 Item # 14 Attachment number 1 Page 46 of 76 Acceptance Of Defective Work - If, instead of requiring correction or removal and replacement of defective Work, the Project Manager prefers to accept it, then he may do so. In such case, if found that acceptance occurs prior to approval of final payment, a Change Order shall be issued incorporating the necessary revisions in the Delivery Order including an appropriate reduction in the price of the order. If the acceptance occurs after approval of final payment, and appropriate amount shall be paid by the Contractor to the County. Neglected Work By Contractor - If the Contractor should neglect to prosecute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, the County may, after three (3) days written notice to the Contractor and without prejudice to any other remedy it may have, make good such deficiency and the cost thereof shall be charged against the Contractor. A Change Order shall be issued incorporating the necessary revision in the Contract documents including an appropriate reduction in the Contract Price. If the payments then or therefore due the Contractor are not sufficient to cover such amount, the Contractor will pay the difference to the County. ARTICLE 15 - WARRANTY AND PAYMENT Contractor's Warranty Of Title - The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an invoice, whether incorporated in the Work or not, will have passed to the County prior to issuance of the invoice, free and clear of all liens, claims, security interests and encumbrances; and that no Work, materials or equipment covered by an invoice will have been acquired by the Contractor or by any other person performing the Work at the site or furnishing materials and equipment for the Work subject to an agreement under which as interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. Approval of Payments - The Project Manager will, within fifteen (15) days after receipt of each application for payment, either indicate his approval of payment or return the Application to the Contractor indicating in writing the reason for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and re-submit the Application. The County will pay the Contractor the amount approved within the time frame set forth in the Florida Prompt Payment Act. In the event the Contractor and the Project Manager do not achieve mutual agreement on the basis or amount of the payment, and should the Contractor be unwilling to make the necessary corrections or modifications, and re-submit the Application, then the County, to avoid delay in paying the Contractor the amount the County has determined the Contractor is entitled to receive, shall approve and process the Application by making such adjustments thereto as the County deems appropriate so that the Contractor receives, without delay, payment of the amount the County has determined to have been earned and owing to the Contractor. The Project Manager's approval of any payment requested in an application for payment shall constitute a representation by him to the County, based on the Project Manager's on-site observations of the Work in progress and on his review of the application for payment and the supporting data, that the Work has progressed to the point indicated; that, to the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents F-18 Item # 14 Attachment number 1 Page 47 of 76 (subj ect to an evaluation of the Work as a functioning Proj ect upon Substantial Completion, to the results of any subsequent tests called for in his approval); and that the Contractor is entitled to payment of the amount approved. However, by approving any such payment, the Project Manager shall not thereby be deemed to have represented that he made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, that he has reviewed the means, methods, techniques, sequences and procedures of construction nor that he has made any examination to ascertain how or for what purpose the Contractor has used the moneys paid or to be paid to him on account of the Contract Amount. The Project Manager's approval of final payment shall constitute an additional representation by him to the County that the conditions precedent to the Contractor's belief being entitled to final payment as set forth in this Article have been fulfilled. The Project Manager may refuse to approve the whole or any part of any payment if in his opinion he is unable to make such representations to the County. He may then refuse to approve any such payment because of subsequently discovered evidence or the results of subsequent inspections or tests, nullifY any such payment previously approved, to such extent as may be necessary in his opinion to protect the County from loss because: A. The Work is defective; B. Claims have been filed or there is reasonable evidence indicating the probable filing thereof; C. The Contract Amount has been reduced because of Change Order( s); D. The County has been required to correct defective Work or complete the Work m accordance with Article 14; or E. Of unsatisfactory prosecution of the Work, including failure to clean up as required by Article 8. Inspection - Upon written notice from the Contractor that all the Work is complete including the previously listed deficiencies and that the Work is complete in all respects, the Project Manager will make an inspection with the Contractor and will notifY the Contractor in writing of any particulars in which this inspection reveals that the Work is incomplete or defective. The Contractor shall immediately make such correction as are necessary to remedy such defects and to complete all of the required Work. Inspection For Payment - After the Contractor has completed any such corrections to the satisfaction of the Project Manager and delivered all documents as required by the Contract Documents, he may submit an invoice, following the procedure for payment. The invoice shall be accompanied by legally effective releases or waivers of liens from the Contractor and all Subcontractors and suppliers which performed services or supplied material or equipment for the Contractor pursuant to the Contract Documents and the consent of Surety, if applicable to payment. Contractor's Continuing Obligation - The Contractor's obligation to complete the Work in accordance with the Contract Documents shall be absolute. Neither approval of any invoice by the County, any payment by the County to the Contractor under the Contract Documents, any use or occupancy of the Work or any part thereof by the County, any act of acceptance by the County, any failure to do so, nor any correction of defective Work by the County shall constitute an acceptance of Work not in accordance with the Contract Documents. F-19 Item # 14 Attachment number 1 Page 48 of 76 Waiver Of Claims - The making and acceptance of payment shall constitute: A. A waiver of all claims by the County against the Contractor other than those arising from unsettled liens, from non-conforming, non-complying, deficient, incomplete or defective Work appearing after final payment or from failure to comply with the requirements of the Contract Documents, or from the terms of any special guarantees specified therein, and, B. A waiver of all claims by the Contractor against the County other than those previously made in writing and still unsettled. ARTICLE 16 - SUSPENSION OF WORK AND TERMINATION County May Suspend Work - The County may at, any time and without cause, suspend the Work or any portion thereof by notice in writing to the Contractor. The Project Manager shall fix the date on which Work shall be resumed and the Contractor will resume the Work on the date so fixed. For unreasonable delays, the Contractor may be allowed an increase in the Delivery Order Price, an extension of the completion time specified in the Delivery Order, or both, if directly attributable to any suspension and if he makes a claim therefor as provided in Articles 12 and 13. However, no profits will be allowed on claims for suspended work. Also, during any period of suspension, the Contractor shall take all available measures to mitigate costs such as taking on new Work, reassigning resources to other Contracts, etc. Termination for Default- If the Contractor is adjudged bankrupt or insolvent; if he makes a general assignment for the benefit of his creditors without County approval; if a trustee or receiver is appointed for the Contractor or for any of his property; if he files a petition to take advantage of any debtor's act or to reorganize under the bankruptcy or similar laws; if he fails to prosecute and complete the work in accordance with the established project schedule or within the Contract time period; if he repeatedly fails to supply sufficient skilled workers or suitable materials or equipment; if he repeatedly fails to make prompt payment to Subcontractors for labor, materials or equipment; if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction; if he disregards the authority of the Project Manager; or if he otherwise substantially violates any provisions of the Contract Documents, then the County may, without prejudice to any other right or remedy and after giving the Contractor and his Surety seven (7) days written notice, terminate the contract for default and assign the completion of the Work to the Surety or take possession of the Work and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and finish the Work by whatever method it may deem expedient. Prior to termination for default, the County will provide adequate written notice to the (vendor/contractor/consultant) through the Manger, Purchasing and Contracts, affording him/her the opportunity to cure the deficiencies or to submit a specific plan to resolve the deficiencies within ten (10) days (or the period specified in the notice) after receipt of the notice. Failure to adequately cure the deficiency shall result in termination action. Such termination may also result in suspension or debarment of the Contractor in accordance with the County's Procurement Ordinance. The contractor and its surety shall be liable for any damage to the County resulting from the Contractor's default of the contract. This liability includes any increased costs incurred by the County in completing contract performance. F-20 Item # 14 Attachment number 1 Page 49 of 76 If the amount of the Delivery Order exceeds the direct and indirect cost of the County completing the Project, such excess shall be paid to the Contractor. If such cost exceeds such unpaid balance, the Contractor will pay the difference to the County. Such cost incurred by the County will be determined by the County and incorporated in a Change Order. In the event of termination by the County for any cause, the contractor will not have, under any circumstance, any claim against the County for lost profits or compensation for lost opportunities. After a receipt of a Termination Notice and except as otherwise directed by the County the vendor shall A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. C. Transfer all work in process, completed work, and other materials related to the terminated work as directed by the County. D. Continue and complete all parts of that work that have not been terminated. If the contractor's failure to perform the contract arises from causes beyond the control and without the fault or negligence of the (vendor/contractor/consultant), the contract shall not be terminated for default. Examples of such causes include (1) acts of God or the public enemy, (2) acts of a government in its sovereign capacity, (3) fires, (4) floods, (5) epidemics, (6) strikes and (7) unusually severe weather. Where the Contractor's services have been so terminated by the County, said termination shall not affect any rights of the County against the Contractor then existing or which may thereafter accrue. Any payment of monies by the County due the Contractor will not release the Contractor from liability. Termination for Convenience: Upon seven (7) days written notice to the Contractor and the Surety, or sooner if reasonable under the circumstances, the County may, without cause and without prejudice to any other right or remedy, elect to terminate any part of the Work, or the Contract in whole or in part, as the County may deem appropriate. In any termination for convenience, the Contractor shall be paid for Work completed, inspected and accepted by the Contractor and Subcontractors and suppliers at the time of termination provided, however, that the payment to the Contractor will exclude any and all anticipated supplemental costs, administrative expenses and profit for uncompleted Work. Upon termination for convenience, the County shall have full power and authority to take possession of the Work, assume any subcontracts with Subcontractors and suppliers that the County selects, and prosecute the Work to completion by Contract or as the County may deem expedient. Authority to Terminate: The authority to terminate this Contract including all notices thereto is the sole responsibility of the Manager, Purchasing and Contracts Division. F-21 Item # 14 Attachment number 1 Page 50 of 76 ARTICLE 17 - VERBAL ORDERS The Project Manager under the following conditions may issue verbal Change Orders to the Delivery Order: A. To address bona fide emergency requirements. B. To ensure the continuity of critical elements of contract performance. Anv such verbal direction shall be confirmed in writin2: bv the Project Mana2:er to the contractor within five (5) calendar days after issuance. Concurrently. a copy of the written direction shall be provided to the Mana2:er. Purchasin2: and Contracts Division with documentation in the form of an emer2:enCV justification for the action taken. A formal Change Order and associated Contract amendment, if applicable, will be negotiated in conjunction with the Purchasing and Contracts Division and shall succeed the written confirmation not later than thirty (30) calendar days after issuance of the verbal direction. Board approval, as applicable, shall be obtained. ARTICLE 18 - MAINTENANCE AND EXAMINATION OF RECORDS The awarded contractor shall establish and maintain a reasonable accounting system, which enables ready identification of contractor's cost of goods and use of funds. Such accounting system shall also include adequate records and documents to justify all prices for all items invoiced as well as all charges, expenses and costs incurred in providing the goods for at least five (5) years after completion of this contract. The County or its designee shall have access to such books, records, subcontract(s), financial operations, and documents of the contractor or its subcontractors as required to comply with this section for the purpose of inspection or audit anytime during normal business hours at the contractor's place of business. This right to audit shall include the contractor's subcontractors used to procure goods or services under the contract with the County. Contractor shall ensure the County has these same rights with subcontractor(s) and suppliers. ARTICLE 19 - FEDERAL REQUIREMENTS In the event this Contract is paid in whole or in part from any federal governmental agency or source, the specific terms, regulations and requirements governing the disbursement of these funds shall be specified herein and become a part of this clause. ARTICLE 20 MINORITY/wOMEN OWNED BUSINESS ENTERPRISE REQUIREMENTS AND SMALL BUSINESS PROVISIONS The Contractor will comply with all requirements of Orange County's Minority/Women Owned Business Enterprise Ordinance No. 98-25, as amended by Ordinance No. 2002-01. In summary, the ordinances establish a goal of 18.7% of the County's annual monetary value of Contracts awarded to minority-owned business enterprises and 6.3% to women-owned business enterprises meeting Contract specifications. The goals for work force employment levels are 18% minority and 6% women. Other provisions of the Ordinance as it pertains to construction projects may be found in Part C of this document. F-22 Item # 14 Attachment number 1 Page 51 of 76 To facilitate monitoring for compliance with the Ordinance, the Contractor shall: A. Provide to the County's Business Development Division all subcontracts and/or purchase orders, fully executed by both parties, with each Subcontractor and supplier listed on Attachment C-2 in the Prime Contractor's bid (M/WBE's and non-M/WBE's). The prime Contract will not be executed by the County until these documents are on file in the Business Development Division. Prime Contractor should include in the subcontract / purchase order a statement that makes the legality of the document contingent upon execution of the prime Contract by the County. B. The Contractor shall include a Prompt Payment Clause and payment schedule in all subcontracts and purchase orders (including those with non-M/WBE's) stating that payment will be made to the Subcontractor/suppliers within 72 hours of receipt of payment from the County. The Contractor shall pay each Subcontractor and supplier for all work covered under an Application for Payment within the 72 hour time frame. This provision in no way creates any Contractual relationship between any Subcontractor and Orange County or any liability on Orange County for the Contractor's failure to make timely payments. The timeliness of such payments may be evaluated by the Business Development Division in considering compliance with the Ordinance. C. The Contractor shall submit: 1) a Monthly Workforce Report (Current Field Employment Data). Contractor shall also ensure that all Subcontractors/suppliers with Contracts estimated over $50,000 supply a Monthly Workforce Report; and 2) a Monthly Prime Contractor's Report including M/WBE Utilization Reports. The Contractor shall furnish written documentation evidencing actual dollars paid to each Subcontractor/supplier listed and/or utilized by the Contractor. This will include, but not be limited to: copies of canceled checks, approved invoices, and signed, sworn affidavits certifying the accuracy of payments so that the County may determine actual participation achieved by the Contractor prior to issuance of final payment. The required reports are to be submitted to the Business Development Division no later than the fifth day of each month beginning one month after the Work begins and to continue for the duration of the Contract. Contractor's Payments may be delayed if reports are not submitted in a timely manner. The final Prime Contractor's Report-M/WBE Utilization Report shall be signed by the Contractor's authorized agent certifying that all information contained therein is a true and accurate account of M/WBE utilization per the bid and Contract documents. F-23 Item # 14 Attachment number 1 Page 52 of 76 Failure of the Contractor to abide by the provisions of Orange County's Minority/Women Owned Business Ordinance No. 98-25 as amended by Ordinance No. 2002-01 may result in imposition of penalties as outline in Section 17-326, including but not limited to liquidated damages, suspension or permanent debarment from bidding and/or termination of any present Contracts. D. Contractor shall not substitute, replace or terminate any M/WBE firm without prior written authorization of the County, nor shall the Contractor reduce the scope of work or monetary value of a subcontract without prior written authorization of the County. Contractor shall notify the Orange County Business Development Division of any additional awards to M/WBE's. E. The Contractor shall expeditiously advise all M/WBE's and the Business Development Division of all Change Orders, Contract modifications, additions and deletions to any and all Contracts issued to said M/WBE' s. ARTICLE 21- LIQUIDATED DAMAGES Provisions for liquidated damages, should Contractor fail to substantially and/or finally complete the Work within the Contract times are included in the Contract. ARTICLE 22 - ASBESTOS FREE MATERIALS A. Project is to be constructed with asbestos free materials. A written, notarized statement on company letterhead is to be submitted with the Contract. Payment shall be withheld until such statement is submitted. B. Contractor shall agree that if materials containing asbestos are subsequently discovered at any future time to have been included in the construction performed by the Contractor or any of its Subcontractors or agents and were not specified in the design or required by the Contract document, Contractor shall be liable for all costs related to the abatement of such asbestos and damages or claims against the County. ARTICLE 23 - CONDITION OF MATERIALS AND PACKAGING In instances where the Specifications, (Part H) make this subject applicable (and unless otherwise indicated), all goods and items offered for sale and/or shipped by the Contractor pursuant to the requirements imposed upon said Contractor by this Contract will be new and in first class condition: all related containers being new and suitable for storage and shipment; all prices including the cost of standard commercial packaging. Contractors will be solely responsible for making any and all claims against carriers as concerns missing or damaged items. ARTICLE 24 - NO ASSIGNMENT OF AGREEMENT Contractor may not make any assignment of the contractual agreement between the parties, in whole or in part, without prior written authorization as may be given by the County, at its sole discretion. F-24 Item # 14 Attachment number 1 Page 53 of 76 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without written consent of the party sought to be bound; and specifically but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. ARTICLE 25 - CONSTRUCTION TERM CONTRACT This is a construction term Contract for the services specified, and effective for the period specified. The quantities provided are estimates only and are not purchased by this Contract. Performance shall be accomplished only as authorized by Delivery Orders issued against the Contract. The County may issue orders requiring performance at the multiple locations. ARTICLE 26 - CONTRACT TERM/RENEWAL The Contract resulting from this solicitation shall commence effective upon execution by both parties and extend for a period of twelve (12) months. The County may unilaterally renew the Contract for the periods specified on the Bid Proposal Form for thirty-six (36) months. An additional six (6) months extension may also be unilaterally exercised at the County's discretion. Refer to the clauses entitled "Option to Extend the Term of the Contractor" and "Interim Extension of Performance" . ARTICLE 27 - OPTION TO EXTEND THE TERM OF THE CONTRACT The County may unilaterally extend the term of this Contract by written notice to the Contractor at least 60 days before the expiration of any Contract term. The exercise of the option shall be for the period specified and for the prices listed on the Bid Proposal Form. All other terms and conditions of the Contract shall apply to the option periods. The total duration of this Contract, including the exercise of all options, shall not exceed 3.5 years. ARTICLE 28 - INTERIM EXTENSION OF PERFORMANCE After all options have been exercised, and it is determined that interim performance is required to allow for the solicitation and award of a new Contract, the County may unilaterally extend the Contract for a maximum period of six months. Pricing, delivery and all other terms and conditions of the Contract shall apply during this period. ARTICLE 29 - MINIMUM/MAXIMUM DELIVERY ORDER AMOUNT The Contractor is not obligated to accept Delivery Orders less than $2,000 or in excess of $250,000. However, if the Contractor accepts any orders outside these parameters, they shall be performed in accordance with all requirements of the Contract. F-25 Item # 14 Attachment number 1 Page 54 of 76 ARTICLE 30 - ISSUANCE AND ADMINISTRATION OF ORDERS Any order issued during the effective period of this Contract not completed within that period shall be completed by the Contractor within the time specified in the order. The Contract shall govern the Contractor's and the County's rights and obligations with respect to that order to the same extent as if the order were completed during the Contract's performance period. ARTICLE 31 - VARIATION IN ESTIMATED QUANTITY If the quantity of a unit priced item in this Contract is an estimated quantity, and the actual quantities ordered exceeds the estimate by 50% or more, then the County may negotiate a lower unit price, which will be incorporated into the Contract by Contract Amendment. Failure of the Contractor to agree to a reduced unit price may result in the termination of the Contract and re-solicitation of the requirement. ARTICLE 32 - MUL TIPLE AWARDS The County reserves the right to make multiple awards based on the results of this bid. The County will award a primary contract to the lowest responsive, responsible Bidder. The County will give the primary contractor first opportunity to perform all available work. If the County, at its sole discretion, determines the primary contractor cannot respond in time, an alternate contractor may be contacted to perform the required work. ARTICLE 33 - - MISCELLANEOUS Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual, to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail (postage prepaid) to the last business address known to the County. Specifications and Drawings, if any, furnished to the Contractor by the County shall remain the County's property, and shall apply to a specified delivery order. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the warrants, guarantees and obligations imposed upon the Contractor and the rights and remedies available to the County thereunder shall be in addition to and not a limitation of any otherwise imposed or available by law, by special guarantee or other provisions of the Contract Documents. Should the County or the Contractor suffer injury or damage to its person or property because of any omission or act of the other or of any of his employees, agents or others for whose acts he is legally liable, claim should be made in writing to the other party within a reasonable time of the first observance of such injury or damage. All Contracts in excess of one hundred thousand dollars ($100,000.00) shall comply with all the requirements of Section 114 of the Clean Air Act (42 USC 7401 et seq.) as amended and Section 308 ofthe Federal Water Pollution Control Act (33 USC 1251 et seq.) as amended. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the provisions of this Contract will be held in Orange County, Florida. F-26 Item # 14 Attachment number 1 Page 55 of 76 PARTG SPECIAL PROVISIONS DESCRIPTION Work under the Contract consists of providing all labor, materials, equipment and incidentals necessary to repair and/or restore storm sewer lines, including installation of a Resin Impregnated Cured in Place Pipe (RlCIPP) lining including site preparation, clean-up and hauling off unsuitable materials. All work is located in Orange County Florida, along county roads and right-of-ways. Exact locations and quantities will be determined by the Orange County Roads and Drainage Division Project Manager or designee on a case-by-case basis. It will be the Contractor's responsibility to verify such quantities prior to commencing the work. This is a supplemental contract designed to aid and enhance the services provided to the citizens of Orange County by the Orange County Roads and Drainage Division. The quantity and frequency of work ordered will be based on need and availability of funds. 1. All work in this contract will be under the supervision of the Manager of the Orange County Roads and Drainage Division or designee, 4200 South John Young Parkway, Orlando, Florida 32839-9205; Phone (407) 836-7870. 2. The Contractor will coordinate all work efforts with the County's Project Manager or designee on a daily basis. The County's project Manager or designee will perform inspections for the County and verifY that the work has been completed as scheduled and in compliance with the specifications. The Contractor will address any issues that may arise within twenty-four (24) hours. 3. The Contractor will verify quality control for this project with the County's Project Manager or designee. 4. The Maintenance of Traffic shall conform to the Florida Department of Transportation's (F.D.O.T.) most current editions of "Roadway and Traffic Design Standards for Design, Construction, Maintained Systems and the "Manual on Uniform Traffic Control Devices for Streets and Highways." These documents can be ordered from the State of Florida Department of Transportation, Maps and Publications, 605 Suwannee Street, Tallahassee, Florida 32399-0450, Phone (904) 488-9220. A proposed traffic control plan shall be submitted to the County's Project Manager or Designee for approval, prior to starting work. Maintenance of traffic will be the responsibility of the contractor including but not limited to all labor, equipment, materials, personnel etc. at no cost to the County. 5. The use of public roads and streets by the Contractor shall provide a mmlmum inconvenience to the public and traffic. 6. A Mandatory Pre-Work Conference shall be conducted by the County's Project Manager or designee to ensure understanding and cooperation of all parties. The Contractor shall video all existin2: structures and areas where work is scheduled prior to and after work is completed. Upon completion of the work a COpy of the video on compact disk (CD) shall be provided to the County at no additional cost. The cost for videotapin2: will be included in the unit price for cleanin2: and lor furnishin2: and installin2: materials. G-l Item # 14 Attachment number 1 Page 56 of 76 7. All work will be ordered by the County's Project Manager or designee in the form of Delivery Orders. No work will begin until a Delivery Order has been issued to the Contractor. The Delivery Orders will contain a start and completion date that will be mutually agreed to between the County and the Contractor. All work ordered must be completed within the specified time frame on the delivery order. Should the Contractor fail to complete all work on or before the date stipulated for completion on a Delivery Order, or such later date as may result from an extension granted by the County, he/she will pay liquidated damages in the amount of $200.00 per day for each consecutive calendar day after the date allowed by the Delivery Order until the entire work is complete. NOTE: Extension of the completion date will be allowed in accordance with General Conditions, Article 13, CHANGE OF CONTRACT PERFORMANCE PERIOD. Provisions for liquidated damages are found in the General Conditions, Article 21- LIQUDATED DAMAGES. 8. The Contractor shall comply with the most current edition of the F.D.O.T. Accident Prevention Procedures Manual pertaining to employee safety and applicable O.S.H.A. standards. The Contractor will be responsible for obtaining a copy of this manual pertaining to employee safety and applicable O.S.H.A. standards. The Contractor will be responsible for obtaining a copy of this manual by contacting F.D.O.T. maps and Publications Department in Tallahassee. 9. The County's Project Manager or designee will be entitled at all times to be advised, at his/her request, as to the status of work being completed by the Contractor and of the details thereof in the format he/she requires. The Contractor shall maintain coordination with the County's Project Manager or designee at all times. Either party may request and be granted a conference. The Contractor will inform the County's Project Manager or designee daily as to the locations to be worked. 10. The Contractor shall submit a work schedule prior to beginning any work ordered. The work schedule will contain the start date, completion date, and the location of work each day. The Contractor will consult with the County's Project Manager or designee prior to any schedule variance. The County's Project Manager or designee shall be notified one day prior to the schedule change and must concur with the recommended changes. 11. The Contractor will notifY all residents within the work areas as to when the work will take place and the level of inconvenience that will be involved. This notification will take place five (5) days prior to commencement of work in that area. All work performed, unless authorized by the County's Project Manager or designee, will take place between the hours of 7:00 A.M. and 5:00 P. M., Monday through Friday. No work is to be performed on Saturdays, Sundays or County Holidays, unless previously authorized by County's Project Manager or designee. G-2 Item # 14 Attachment number 1 Page 57 of 76 12. Due to extreme traffic or weather conditions, the Contractor may be required to remove his operation from the right-of-way at the discretion of the County's Project Manager or designee. If the Contractor is required to remove his/her operation due to extreme traffic or weather conditions, less than five (5) hours worked will constitute one half (1/2) working day and five (5) or more hours worked will constitute one (1) working day. 13. The Contractor will supervise and direct the work efficiently with due care, skill, and attention. The Contractor will be responsible to assure that the finished work complies accurately with the specifications. 14. The Contractor will provide competent, suitable qualified personnel to perform the work as required by the specifications (certificates and licenses must be submitted with this Invitation For Bids). He/she will at all times maintain good discipline and order at the site. The Contractor shall provide a list of all full time foremen and supervisors who will perform the work. The list shall contain twenty- four hour emergency telephone numbers. 15. The Contractor performing the RlCIPP (Resin Impregnated Cured In Place Pipe) lining work shall be fully qualified, experienced and equipped to complete this work expeditiously and in a satisfactory manner, and shall be certified and/or licensed as an installer by the RICIPP manufacturer. THE CONTRACTOR SHALL PROVIDE THE FOLLOWING WITH THE BID SUBMITTAL, OR WITHIN 24 HOURS OF REQUEST: The Contractor shall provide information (manufacturer certification, license and project work references) to substantiate and verify that at least one (1) full- time, on-site superintendent/foreman that will supervise the RlCIPP installation under this contract shall have installed at least 100,000 feet of a cured-in-place pipe lining system or a minimum of 4 years experience of cured-in-place pipe lining system work. The total footage installed shall be supported by references. Failure to provide this information may result in your bid being non-responsive. 16. The Contractor will designate a competent Contractor's Representative who shall not be replaced without written notice to the County's Project Manager or designee at least twenty-four (24) hours before the change. The Contractor's Representative will be present at job sites and will have the authority to act on behalf of the Contractor. All communications (both verbal and written) given to the Contractor's Representative shall be as binding as if given to the Contractor. 17. All staging and storage areas must be agreed to and must be acceptable to the County's Project Manager or designee. G-3 Item # 14 Attachment number 1 Page 58 of 76 PARTH TECHNICAL PROVISIONS (SPECIFICATIONS) STORM SEWER SLIP LINING REHABILITATION The contractor shall furnish all labor, materials, equipment and tools necessary for the point, repair or full reconstruction of storm sewer lines by the installation of a Resin Impregnated Cured in Place Pipe (RlCIPP) lining. QUALITIY ASSURANCE A. Qualifications 1. The pipe liner process shall be the product of a manufacturer, who is fully experienced, reputable and qualified in the process of pipe rehabilitation. 2. The Contractor shall be experienced with the means and methods of the materials utilized and the installation procedures. REGULAORY REQUIREMENTS The Contractor shall comply with all applicable laws, rules, regulations or ordinance imposed by all applicable federal, state, regional and local agencies. ITEMS FURNISHED BY THE COUNTY The County will be responsible for the following items pertaining to the work specified herein: A. Necessary local permits (except those required as part of the contractor's operations) . B. Any repairs, obstruction removal, and cleaning of sand and sediments and removal of sandbars and sediment build-up at the end of the drainage pipe run, necessary to prepare line section for work. METHOD OF PAYMENT Payment will be made to the Contractor in accordance with the Bid Item Schedule. Prevention, control, and abatement of erosion and water pollution (discharge into drainage systems, ponds, lakes etc.), mobilization, and maintenance of traffic costs including planning and implementation shall be considered incidental to the work being performed and will not be measured or considered separately for payment. The Contractor will video the system before and after the cleaning and/or installation and a copy will be provided to the County on compact disk (CD). Video of systems shall be included in the unit prices for cleaning and installation. Payment will be made under the following units: H-l Item # 14 Attachment number 1 Page 59 of 76 LF = Linear Foot A. Cleaning - Payment for this item shall be full compensation for all labor, materials, equipment, and incidentals necessary to clear storm sewer systems of all build-up and debris prior to commencement of repairs as needed including disposal of removed debris. B. RlCIPP Lining - Payment for this item shall be full compensation for all labor, materials, equipment, and incidentals necessary to furnish and install RICIPP Lining. The cost of clean up, debris removal and disposal shall be included in this contract unit price for RlCIPP Lining. C. RlCIPP Lining Thickness Variance - Payment for this item shall be full compensation for all labor, materials, equipment, and incidentals necessary to furnish and install the additional thickness for RICIPP Lining due to load variances under roadways, low top cover areas, etc. D. Dewatering - Payment for this item shall be full compensation for all labor, materials, equipment, and incidentals necessary to remove excess water ground/system prior to commencement of repairs as needed. E. Video Cleaning - Payment for this item shall be full compensation for all labor, materials, equipment, and incidentals necessary to provide before and after video for cleaning line segments. F. Video RlCIPP Installation - Payment for this item shall be full compensation for all labor, materials, equipment, and incidentals necessary to provide before and after video for the installation of RICIPP in line segments. PP = Per Project A. Setup Fee For Cleaning Line Segments Less Than 100 Linear Feet - Payment for this item shall be a one time fee per project to setup all labor, materials, equipment, and incidentals necessary to clean line segments less than 100 linear feet. B. Setup Fee For Installing RlCIPP In Line Segments Less Than 100 Linear Feet - Payment for this item shall be a one time fee per project to setup all labor, materials, equipment, and incidentals necessary to install RlCIPP in line segments less than 100 linear feet. C. Red Line Drawings/As-built Drawings - Payment for this item shall be full compensation for all labor, materials, equipment, and incidentals necessary to provide Red Line/As-built Drawings for each completed and accepted project. (Must be submitted with invoice) H-l Item # 14 Attachment number 1 Page 60 of 76 SF = Square Feet A. Sod Replacement - Payment for this item shall be full compensation for all labor, materials, equipment, and incidentals necessary for the replacement of sod damaged within the work zone. (Sod must be green and have a well-established root system after 30 days or replacement will be required at no additional cost to the County. Newly placed sod must be watered every week for the 30-day period. Ground area must be properly prepared prior to placement of sod.) EA = Each A. Sprinkler System - Payment for this item shall be full compensation for all labor, materials, equipment, and incidentals necessary for the repair of sprinkler systems damaged within the work zone. This price will be per each residence. WARRANTY A. Installation: Provide a full labor and materials warranty for a period of twelve months from the date of acceptance by the county. B. Liner: Manufacturer's standard warranty. SUBMITTALS WITH BID A. Three (3) copies of manufacturer's technical literature and recommended installation procedures. B. Submit certification documents for certified installers. Installers must be certified by the RICIPP manufacturer. "See Special Provisions, #15 herein." PRODUCTS MATERIALS A. The RICIPP shall be fabricated to a size that when installed will fit the internal circumference of the conduit specified. Allowance shall be made for circumferential stretching during insertion. B. The finished RICIPP shall be fabricated from materials which when cured will be chemically resistant to withstand internal exposure to contaminants associated with storm water. C. A general purpose, unsaturated polyester or epoxy resin and catalyst system shall be furnished that provides cured physical strengths specified herein. H-2 Item # 14 Attachment number 1 Page 61 of 76 D. Physical Strength: The cured RlCIPP shall conform to the minimum structural standards, as listed below: Cure RICIPP Tensile Stress Flexural Stress Flexural Modulus of Elasticity Standard ASTM D-638 ASTM U-790 ASTMN-790 Res ults 3,000 psi 4.500 psi 290,000 psi E. The minimum length shall be that deemed necessary to effectively span the distance-requiring repair. The Contractor shall verify the length in the field before impregnation and his estimate should be based on those lengths. EXECUTION INSTALLATION A. The contractor shall carry out his operation in strict accordance with all OSHA and manufacturers safety requirements. In addition, the Contractor shall conform to the Florida Department of Transportation's (F.D.O.T.) most current editions for "Roadway and Traffic Design Standards" for Design Construction, Maintained Systems and the FHW A "Manual of Uniform Traffic Control Devices for Streets and Highways." A proposed traffic control plan shall be submitted to the County's Representative for approval, prior to starting work. B. It shall be the responsibility of the County to remove all internal debris from storm sewer lines unless the contractor is directed otherwise. C. Inspection of pipelines prior to lining shall be performed by the Contractor by closed circuit television. The interior of the pipeline shall be carefully inspected to determine the location of any conditions, which may prevent proper installation of RICIPP into the pipelines, and it shall be noted so that these conditions can be corrected. A compact (video) disc and suitable log of inspection shall be made available to the County. D. The Contractor shall provide for the flow of storm water around or through the sections or sections of pipe designated for RICIPP. Any bypass shall be made by plugging the line at an existing upstream manhole and pumping the flow into a downstream manhole or adjacent system. The pump and bypass lines shall be of adequate capacity and size to handle the flow. The Contractor shall be responsible for continuity of the storm sewer system during the execution of the work of this contract. In event that storm water backup occurs, the Contractor shall be responsible for cleanup, repair and property damage costs and claims. H-3 Item # 14 Attachment number 1 Page 62 of 76 E. The county shall clear the line of obstructions such as solids, dropped joints, or collapsed pipe that will prevent the insertion of the RICIPP. F. The method of installation of the RICIPP shall be in accordance with design criteria supplied by the manufacturer and approved by the County's project manager. G. The RICIPP shall be cured by a circulation of heated water. The water temperature and curing period shall be as recommended by the resin manufacturer. H. The hardened RICIPP shall be cooled to a temperature below 100 deg. F before relieving the static head in the inversion process of the inflation pressure used by other methods. Care shall be taken in the release of the static head so that a vacuum will not be developed that could damage the installed RICIPP. I. The finished RICIPP shall be continuous over the length of repair and be as free as commercially practicable from visual defects such as foreign inclusions, dry spots, and pinholes. 1. Sealing RICIPP at manholes: if RICIPP fails to make a leak-tight seal, the Contractor shall apply a seal at the point. The seal shall be of resin mixture compatible with RlCIPP. K. There shall be no visible leaks in the completed system. During the warranty period any defects which affect the integrity or strength of the RICIPP or any visible leaks shall be repaired at the Contractors expense. INSPECTION The Contractor shall inspect all piping to assure the RICIPP is free from defective materials and workmanship. A compact (video) disc shall be provided to the County showing the completed work. DISPOSAL OF DEBRIS A. Under no circumstances shall solids be dumped onto the ground surface, streets or into ditches, catch basins or storm drains. B. All solids or semi-solids resulting from the operations shall be removed from the site by the Contractor. Trucks hauling solids or semi-solids from the site shall be watertight so that no leakage or spillage will occur. C. Disposal shall be a suitable site selected by the Contractor and approved by the appropriate jurisdictional personnel. H-4 Item # 14 Attachment number 1 Page 63 of 76 SEALING LINER AT MANHOLES If the liner fails to make a leak tight seal at the manhole wall, the Contractor shall supply and apply a seal at that point. The seal shall be approved by the County and shall be performed at no additional cost. BACKFILL At all points where the liner pipe has been exposed (such as at points where the old pipe must be removed) the liner and fittings shall be encased in cement-stabilized sand or other high-density materials as specified by the County's representative or his designee to prevent deflection due to earth loading or subsidence. At this point, in preparation for the placing of the encasement material, debris and soil shall be removed along each side of the existing pipe down to the spring line. After the encasement material is in place and accepted by the County, backfill shall be placed and compacted to finish grade as directed by the County. FINAL INSPECTION Upon written notice from the Contractor that the project is complete, the County's Project Manager or designee will make a final inspection with the Contractor and will notify the Contractor in writing of any deficiencies in the project. The Contractor will correct all deficiencies within ten (10) workdays or as agreed to by the County's Project Manager or designee and before final acceptance and payment is made. If a second re-inspection is required, the County will assess an eighty, ($80.00) dollar fee to the Contractor. The eighty ($80.00) dollar fee will be assessed for every re-inspection after the first re- inspection. The fee is assessed to offset the additional County labor costs and vehicle usage required for unnecessary inspections and the fee will be deducted from the final invoice for that delivery order. FINAL INSPECTION FOR PAYMENT After the Contractor has corrected all deficiencies to the satisfaction of the County's Project Manager or designee and delivered all maintenance and operating instructions, "As Built" drawings, schedules guarantees, bonds, Certificates of Inspection and other documents as required by the Contract. The Contractor may make applications for final payment following the procedure for progress payments. The effective final releases or waivers of liens from the Contractor and all subcontractors that performed services for the Contractor pursuant to the Contract Documents and the consent of surety, if applicable to final payment of each delivery order shall accompany the final pay application. PERFORMANCE ISSUES The County will hold the Contractor responsible for meeting all of the Contractor's obligations. If performance issues arise, the Contractor will be responsible for providing a written corrective action plan within two (2) working days from the meeting. Failure to provide a satisfactory corrective action plan, or failure to comply with any instructions, corrective action plan, and/or an agreed plan, will result in issuance of a Notice to Cure. H-5 Item # 14 Attachment number 1 Page 64 of 76 ADDITIONAL INDEMNIFICATION "Contractor agrees to defend, indemnify and hold harmless County from any and all damages, cost, claims, expenses, suits, losses, liabilities or obligations of any kind including without limitation, environmental assessments, evaluations, remediations, fines, penalties and clean-up cost which may be asserted against or imposed upon or incurred by County arising from Contractor's discharge or disposal of any hazardous or toxic materials, trash, debris, refuse, waste or other materials ("Materials") related in any way to Contractor's operations herein. Contractor agrees that it shall dispose of all Materials in strict compliance with local, County, state and federal statutes, laws, ordinances, codes, rules, regulations, orders or decrees and shall provide evidence of such disposal satisfactorily to the County on a weekly basis to County's designated representative. In the event of Contractor's failure to comply with this paragraph, Contractor shall, at its sole cost and expense, promptly commence and diligently pursue any required investigation, assessment, cleanup, remediation, restoration and monitoring of any waters and lands affected by Contractor's failure to comply and to restore the damaged water and/or land to the condition existing immediately prior to the occurrence which caused the damage. Upon discovery of a failure or violation related to its disposal operations, Contractor shall immediately report such failure or violation to all applicable governmental agencies having jurisdiction and to the County. The provisions of this paragraph shall survive the termination or expiration of this contract." H-6 Item # 14 Attachment number 1 Page 65 of 76 PAYMENT BOND BOND NUMBER 104727235 American Water Services Underground KNOW ALL MEN BY THESE PRESENTS thatlnfrastructure Inc. hereinafter called CONTRACTOR, as Principal, and 'I'aMili:rs Casulity a:rl ~tyI*k hereinafter called SURETY. as SURETY, are held and frrmly bound unto Orange County, a Political Subdivision of the State of Florida as Obligee, in the full and just sum of$3,159.525.ro , lawful money of the United States of America. to the payment of which sum., well and truly to be made, the CONTRACTOR and SURETY bind themselves, their representatives, and each of their heirs, executors, administrators, successors, and assigns, jointly and severely, firmly by these presents. WHEREAS, the CONTRACTOR has entered into Contract No. Y6-I005 with the "COUNTY", also referred to herein as the OWNER, for the project entitled: STORM SEWER SLIP LINING REHABILITATION, with conditions and provisions as are further described in the aforementioned Contract, which Contract is by reference made a part hereof for the purpose of explaining this bond. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS such that if CONTRACTOR shall promptly make payments to all claimants for any and all labor and material used or reasonably required for use or furnished in connection with the performance of said Contract, and shall perform all other covenants and obligations of this bond, then this obligation shall be void; otherwise it shall remain in full force and effect 1. The undersigned shall promptly make payment to all persons supplying services, labor, material or supplies used directly or indirectly by said CONTRACTOR, or any Subcontractor(s) or sub-Subcontractor(s), in the prosecution of the work provided for in said Controlct 2. Subject to the Owner's priority, claimants covered by Section 713.01 of the Florida Statutes shall have a dirc;ct right of action against the Principal and SURETY under this obligation, after written notice of the performance of labor or delivery of materials or supplies, and non-payment therefore. Any clajruant who seeks to recover against the Principal or SURETY under this obligation must also satisfy the notice requirement and time limitations of Section 255.05 of the Florida Statutes, as amended. 3. 1be undersigned, covenant and agree that no change, extension of time, exercise of option,s for Contract renewals, change to Contract amounts, alterations or additions to terms of the C-Ontract or the work to be performed thereunder, or the specifications accompanying the same shall in any way affect their obligation on this bond and the SURETY does hereby expressly waive notice of any such change, extension of time, exercise of options for contract renewal, changes to contract amount, alternations or additions. 4. Any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes shall not affect SURETY'S obligation under this bond. Any increase in the total Contract amount as authorized by the Owner shall accordingly increase the SURETY'S obligation by the same dolloo: amount of said increase. The Principal shall be responsible fOl notification to SURETY of all such changes. ~ of luerica Item # 14 Revised 6/23/05 Signed and sealed this the26t:h day of Ap:il WTINESS: ~ ~ Casu9lty arl &lrety ~ of SURETY: Imerica -, ~ B~:3t. COC~ ftn3. W. Oli\e:'aS, Attcl:nsy- In-Foc.t SURETY Licensed Florida Insurance Agent? Yes Attachment number 1 Page 66 of 76 ,2~. CONTRACfOR, AS PRINCIPAL: Irreri.ca1 W3.ter By: Infrasb:u:.ture Ire. Mark rris, President Type Name and Title M3nh. tB:\, Ire. By,~E~ Pm W. Oli'i.e:aS, too:l:Y- AGENCY ADDRESS: 1.:6) S<J...gmss Ch:p::lt'ate Parkwry &ri~3X)~, FL~f) 6'.--" ------~~~~ Signature x No License Number: ID774&S STATE OF Flocida COUNTY OF &n..m:d )SS CITY OF &rri~ Before me, a Notary Public duly commissioned, qualified and acting personally, appeared: Pea W. Oli~ to me welllmown., who be~b~~t duly sworn upon oath says that he is Attorney-in-Fact for'fu::Mili!rs Ca.sullty arl Surety ~ 9&r, that be has been authorized by said Surety to execute the foregoing Payment Bond on behalf of the Principal (Contractor) named therein favor of the owner. day of Apj.l ,20~. JuI A RUIMlI lie A /J / .. My ConwniItIon 00211301 Juli /t /f LIS! t I '\'"-..~ ExplreIAugwt01,2007 (Print, Type or Stamp Commissioned Name of Notary Public) Personally Known L or Produced Identification (Type) - Revised 6/23/05 Item # 14 TRA VELERS CASUALTY AND SURETY COMPANY OF AMERICA TRA VELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Harttonl, Cooo.ectiaat 06183-9062 Attachment number 1 Page 67 of 76 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF AITORNEY(S).IN.FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUAL TV AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUAL TV COMPANY. corporations duly organized under the laws of the State of Connecticut. and having their principal offices in the City of Hartfor(:, County of Hartford, State of Connecticut. (hereinafter the "Companies'') hath made. constituted and appointed. and do by thes.- presents make. constitute and appoint: Mkhael F. Yadacb, Jull A. Russell, Nancy H. Zaleski, Ana W. OUveras, of S~. F1orlcIa. their true and lawful Attomey(s).iIrFact. with full power and authority hereby conferred to sign. execute and acknowledge, 2-~ any place within the United States, the following instrument(s): by hisIbcr sole signatw'C and act, any and all bonds, recognizaoce&, contracts of indemnity, and other writings obligatory in the natUre of a bo~ recognizance. or conditional undertaking and any and aI consents incident thereto and to bind the Companies. thereby as fully and to the same extent as if the same were signed by the dul) autboriz.od officers of the Companies. and all the acts of said Attomey(s}-in-Fact. pW'Suant to the authority herein given, are hc:reb;, ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies. which Resolutions are DOV. in full force and effect: VOTED: That the 0Wrman. the President. any Vice 01ainnan. any Executive Vice President. any Senior Vice President. any Vice President. an)" Second Vice President, the Trea.mrer, any AssUtmt Treasmer, the Cotporat.e Secretary or any Assistant Secretuy may appoint Attorneys-in-Fact anc: AjeotI to act foI" and on behalf of the company and may give such appointee such authority u his or her certificate of autbori1y may presaibe to sip with the Company's name and seal with the Company's seal bonds. feCQgJ'li7lI"Cel. contracts of indemnity, and other writinp obligatory in the nature, of . bond. recogJ'l17l1nN1. 01' conditional undertaking, and any of said officers or tho Board of Directors at any time may remove any such appointe<<! md revoke the power given him or her. VOTED:. That the 0I.airman. the President. any Vice Olairman.. any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation u in writing and . copy thereof is filed in the office of the Secretary. VOTED: That any baud, recognizance. contract of indeJIlllity, or writing obligatory in the nature of a bond, recopi7..l1~ or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President. any Vice Ch.airman. any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any A.uistant Treaurer, the Corporate Secrewy .... any Assistant Seaetary aDd duly attested and sealed with the Company's seal by a Seaetary or Assistant Soc:ret:aty. or (b) duly executed (W1der seal, ifrequired) by one or more Attomeys-iJ1..Fact &Dd Agents pursuant to the power prescribed in his or her certificare or their certificatea of authority or by one or morc Company officers pursuant to a written delegation of autbmity. TbIs Power of Attorney and Cerdftca~ of Authority Is signed and sealed by facsimUe (lnl'('hAnt.-a1 or printed) under and by authority of the followlna St8nill1'8 Resolution voted by the Boards of Directors of TRA VELERS CASUAL TV AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution Is now In run force and effect: VOTED: That the signatwe of each of the following officers: President, any Exea1tive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facs:imile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the n.a.ture thereof. and any such power of attorney or certificate bearing such facsimile signature OJ facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signamre and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or WJdertaking to which it is attached. 'c, Item # 14 (05-04) Unlimiled Attachment number 1 Page 68 of 76 'I. ~ TAAVB.ERS CASUALTY AND SURETY COMPANY OF AMERICA HAftTFOFl:D, CQlIINt=CT1CUT 06133 Ffl.l,NClAL STATEMENT AS OF JUNE 30, ~ CAPITAl STOCK $' 8,000.000 CASH &.INVESTeD CASH 80N0S STOCK INVE8TMBIT INCOME DUE AND ACCRUED p~ 8lUNCES REIN40RAHce REOOYERA8Le NET' DefERRED TAX ASSET FlECEPI.A8l.E FOR S!CURJTIES OTHER ASSIET8 $' 170.m,~1 2.21i,237.624 11.70.5,010 28,651,881 162.453.688 2'2,1IW.T 16 3:2,927,681 04,m.8S4 9.520,730 UNEARNeD PReMIUMS LOSSE.S LOSS AOJUSn.reHT EXPENSES Cot.n.WSlONS TAXES. llcacses AND FEES OTHER EXPENSES CURRENT FEDEfW. AN(] FOReGN ~ TAXES PAYABlE FOR S5ClJRJTIES PA YAaL!! TO PARENT. SlJBSlOMRlES & AFFUATEs OTHER ACCRueD EXPENSes AND UA8lUTIES TOT~ UA8llmes S 494,258.595 6eo.103,216 108,071,":W Hf.107,409 SI.29&',1aB 1",635,362 21,04a,161 2B.664,m 8,324,880 311 SiIJ5 $1.ne.151.1i7 c,l.PrrAl. STOCK PAID IN SURPlUS OTHeR SURPt,US TOTAL SllRPt.US TO POLICYHOLDeRs $ MOO,OOQ 303~T ,0402 81',~,62S $ m.lNZ,928 II 1- 10 I' 10 ~ f I TOTAL. ASSeTS )3taf1.244,125 TOTAL LIABILITIES & SUAPlUS 52,,"1,244,125 STATE OF CONNECTICUT CouNTY or HARTFORD CITY Of HARl'FOR!:l lSS. LAWRatCe A. SIUTA, BEING OUL Y S.WORN. SAYS lliAT HE IS CHIEF' FINANCIAl OFFlCCR - BOND, OF THE TRA\fELERS CASUAl TV AND SURETY COMPANY Of ANeRlCA, AND THAT TO THe BesT OF HIS KNOWLBJOE ANO BalEF, THe 1"00000lNG IS " TR1Jf AND ." THE FINANClAl. CONOmON OF SAID COMPANY AS OF THE 301tI OAY OF Jt.toIE, 2005. " "\ ......... < ,~..... .... .., /t. 01.1, '"\; ~. A~ ~ ~ -0_ ~. < .. .., : .. "'. , 1 " l Cftt IHANclAL OFFiCER - OND ~... ... * }~.~ ~~t\.~ suascRl8EO ~o SWORN TO BE.FORE idE. THIS No 31ST DAY Of AUGUST, 200S . 1 I j . , " , ~ 1 l ~ ~ Item # 14 ~ Attachment number 1 Page 69 of 76 PAYMENT BOND BOND NUMBER lrA727235 Im:rica:1 W:tter Services lh:B:grwrl KNOW ALL MEN BY THESE PRESENTS that Infrast:nd:tn:e, Ire. hereinafter called CONTRACTOR., as Principal, and 'J:tavp.1PJ"S C'fl!=!IRlty an. &lretyi* hereinafter called SURETY, as SURETY. are held and firmly bound unto Orange County, a Political Subdivision of the State of Florida as Obligee, in the full and just sum of $3,159,525.00 , lawful money of the United States of America, to the payment of which sum, well and truly to be made, the CONTRACfOR and SURETY bind themselves, their representatives, and each of their heirs, executors, administrators, successors, and assigns, jointly and severely, frrmly by these presents. WHEREAS, the CONTRAcrOR has entered into Contract No. Yft.l005 with the "COUNTY", also referred to herein as the OWNER, for the project entitled: STORM SEWER SLIP LINING REHABll..ITATION, with conditions and provisions as are further descnbed in the aforementioned Contract, which Contract is by reference made a part hereof for the purpose of explaining this bond... NOW, THEREFORE, THE CONDmON OF THIS OBLIGATION IS such that if CONTRACTOR shall promptly make payments to all claimants for any and all labor and material used or reasonably required for use: or furnished in connection with the perfonna.nce of said Contract, and shall perform all other covenants and obligations of this bond, then this obligation shall be void; otherwise it shall remain in full force and effect 1. The undersigned shall promptly make payment to all persons supplying services, labor, material or supplies used directly or indirectly by said CONTRACTOR., or any Subcontractor(s) or sub--Subcontractor(s), in the prosecution of the work provided for in said Contract. 2. Subject to the Owner's priority, claimants covered by Section 713.01 of the Florida Statutes shall have a direct right of action against !be Principal and SURETY under this obligation, after written notice of the performance of labor or delivery of materials or supplies, and non-payment therefore. Any claimant who seeks to recover against the Principal or SURETY under this obligation must also satisfy the notice requirement and time limitations of Section 255.05 of the Florida Statutes, as amended. 3. The undersigned, covenant and agree that no change, extension of time, exercise of options for Contract renewals, change to Contract amounts, alterations or additions to terms of the Contract or the work to be performed thereunder. or the specifications accompanying the same shall in any way affect their obligation on this bond and the SURETY does hereby expressly waive notice of any such change, extension of time, exercise of options for contract renewal, changes to contract amount, alternations or additions. 4. Any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes shall not affect SURETY'S obligation WIder this bond Any increase in the total Contract amount as authorized by the Owner shall accordingly increase the SURETY'S obligation by the same dollar amount of said increase. The Principal shall be responsible for notification to SURETY of all such changes. ~ of Im:ric.a Item # 14 Revised 6123/05 Signed and sealed this the 26thday of A{ril Attachment number 1 Page 70 of 76 ,2~. CONTRACTOR, AS PRINCIPAL: WITNESS: ~ ~l~ ~ty m:::l &rety ~ of SURETY: Im=rka /J. 1)1 ,,--. ~ . B~A r (7k'~ 1m. W. Oli~, Attorn:y-In-Fa:.t SURETY Licensed florida Insurance Agent? Yes Infrastn.cture Ire. Firm Name By: Signature Mar Harris, President Type Name and Title M:n::m USA, Ire. ~rg~ Are. W. Oliveras, Att:a:'ref-In-Fa:.t A~ ADDRESH~ ~te llrlwg. ante 3l2L- ~/$(. ~ ~ ~,FL-liU~ Signature By: SURETY ADDRESS: 4'E 1h:D:ra1l Strret, 3rd FI.c.cr, Efurn, NJ C8837 PHONE NO. (732) 321-r:KJJ x No License Number: .8)77488 STATE OF F1ari.da COUNTY OF Rrrwmi CITY OF 8un:ise )SS Before me, a Notary Public duly commissioned, qualified and acting personally, appeared: 1m. W. Oli~ to me well known,~~~t duly sworn upon oath says that he is Attorney-in-Fact fo~ C'a.sullty arl &Iety ,that he has been authorized by said Surety to execute the foregoing Payment Bond on behalf of the Principal (Contractor) named therein favor of the owner. JuI A RIMMI li~ I" \. c: ~; My Commlalon 00211301 V l .,.,., Expim AuguIl 01. 2001 (Prin Type or Stamp CoDlDlissioned Name of Notary Public) Personally Known L or Produced Identification (Type) Suhscnbed and sworn to before me this the 26th No Revised 6/23/05 day of Pp:il ,20G:) . - Item # 14 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Harttord. Coo:oectiwt 06183-9062 Attachment number 1 Page 71 of 76 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF AITORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERlCAt TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut. (hereinafter the ''Companies'') hath mado. constituted and appointed,. and do by these presents make. constitute and appoint: Michael F. Yadach, Juli A. Russell, Nancy H. Zaleski, Ana W. OUveras. of S~ Florida, their true and lawful Attomey(s}-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within'the United States, the following instrument(s): by hisIher sole signatUre and act. any and all bonds, recogn.i.zaoces, contracts of indemnity, and other writings obligatory in the nature of a bond. recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fuIIy and to the same extent as if the same were signed by the duly autborizod officers of the Companies, and all the acts of said Attomey(s)-in-Fact. pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies., which Resolutions are now in full force and effect: VOTED: That the Chainnan, the President. any Vice Chainnan, any Executive Vice President, any Senior Vice President. any Vice President. any Second Vice President. the Treasurer. any Assistant Treasurer. the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to IIICt for and on behalf of !be company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recogni7-"nces, contracts of indemnity, and other writings obligatoly in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or tho Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the 01airman. the President. any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office oftbe Secretary. VOTED; That an)' bond, recognizance. conlraCt of indemnity, or writing obligato!}' in the nature of a bond, recognizance. or conditional undertaIdng shall be valid and binding upon the Company when (a) signed by the President. any Vice Ch.ainnan, any Executive Vice President. any Senior Vice President or any Vice President. any Second Vice President, the Treasurer, any AWtant Treasurer, the Coxpora1e Secretary or any Assistant Seaetary and duly attested and sealed with the Company's seal by a Scaetary or Assistant Secretary, or (b) duly executed (under seal, ifrequired) by one or more Attorneys-in-Fact and Ageots pursuant to the power prescribed in his or her cctificate or tbcir certi.ticates of authority or by one or more Company officers pursuant to a written delegation of authority. ThIs Power of Attorney and Certificate of Authority is signed and sealed by facslm1Je (~h.tanlNll or printed) under and by authority of the foUowin& Standfn& Resolution voted by the Boards of Directors of TRAVELERS CASUAL TV AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which ResoluUoD is DOW In foB force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President. any Assistant Vice President. any Secretary. any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate: relating thereto appointing Resident Vice Presidents. Resident Assistant Sccn:taries or Attorneys-in-Fact for pwposes only of executing and attesting bonds and undertakings and odier writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signarure and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (OS~) Unlimited Item # 14 '. TRAYB.ERS CASUAL. TV AND SURETY COMPANY OF AMERICA HARTFORD. CONNECTICUT 06183 Ff.lANCIAL STATEMENT AB Of JUNE 30, 2OOl5 CAP iT Al. STOCK $ &.000.000 Attachment number 1 Page 72 of 76 & SURPlUS CASH &. HlESllID CASH BONOS STOCK 1NVES'NEHi INCOME DUE ANO ACCRUED PREMffM 8.'.lAtfCES RBN8uRAHCE REOOYERABlE NET' DEFERRED TAX ASSET - R.ECBVABLE PM SECURITIES ~ASSET8 $ 110.$158,981 Wi,237,624 11.105,010 26.551.861 162.463.888 2Z.896,T16 32.927.881 .,m,654 9.820,730 UNEARNED PReMU~ LOSSES LOSS AOJl.ISTMeNT EXPeJSE9 COM.QSSIONS TAXES, U~S ANO FEES OTHER EXPENSES ~T FE'DeR.lLAHD FOREIGN INCOME TAXES F'A'r'ABLE FOR SECURmES PAYABL.E TO PAItENT, SlSSrotASUES& AFlflUATES OTHER ACCtWIilD EXPENSES AND UA8lUTlES TOTAl.. LlABll.meS CAPiTAL STOCK PAlO f.I SURPLUS 01l'l!RSURPlUS TOTAL SURPlUS TO POUOYHOl.DERS TOTAL ASSETS TOTAL UAB1U11ES & SURPLUS $ 2,1561 ,244,12$ $2,861,244.145 STATE Of CONNECTICUT ) COUNTY OF . HARTFORD )$S. CITY OF HARfFORO s .c9<l,258,69S 660.103.216 100.071,<134 19,107,4Q1l 51,296,1'16 14,635,382 21~,151 2U64m $,3'24,690 371~15 $1,1315.1 1. 1 S &,000,000 303,2i7 tC02 1515 195m $ 925:092,928 LAWRENCE A. Sf UTA. ~f!ING 0Ul Y SWORN. SAYS niAT HE IS CHIEF FINANCIAl OFFICER - BONO, OF THE TRA.\lELERS CASUALTY AND SURETY COMPANY OF AMERICA. AND THAT TO THe BEST OF HIS KNOWLl!DGC ANC BELIEF. THI! POREGOING IS A TRue AND ., ll'iE FlNANctAL CONDmOO OF SAiD COMPANY AS OF THE 30th DAY OF JUNE, 200S. ~;.........,< ~ . ,,~ ,;, or", \7 . A ~ .: .... -0 ~ t < .- ,. .... -. 1 \. "t It t Cftl tAL Of~. 0 CO.. . ....* }~~....~ ~~~ SUSSCRlBB) AND ~ TO BEFORE ME THIS NOT 31ST DAY OP AUGUST, 20M i Item # 14 Attachment number 1 Page 73 of 76 BID BOND BOND NUMJUR. WA STATE OF FLOlUDA) ss COtJNJi" OF ORANGE) fm:rica1 \rete: S3:vices thRgr:a.rrl KNOW ..u..L MEN BY THESE PUSEl'f1'S~ tblt we. L,f ,-A<:;t:ncture. Irc.~ u Principal. and 'ftm.cleI:s Cas.elty .n:l ~ ~ of Are-::ic.a . u Surety. are beld 6:rm1y bcRmd uaro Orange County, Florida., in the penat tuU1 of~J Ten FRnont of Bid Iunrt. DoUan, (Ten pettent (10%} ofba.se bid ifDD lm10UDl cmcrnrJ (rota! Sum Wrlt!z:n m Wonb) lawNl mmcy of Ib.Cl Uuitcd SUlI9, for tbe pa)'DlC1tt of ~oh sum wall and truly to be made, we bo1md OIInCllvc:s, our IWn, CXcc;utDn, ~ ;md 5UCOCUOl'J, joiDtly ad seYtlJ'J1ly, &rmly by 1bcs~ pRPI1tS. THE CONDIllON OF TBlS OBUGAltOl'f IS SUCB.1bat ~ Ibe: PrIncfpaJ bas JUbmhmd the aaached Bid. dalal !be dlIy of . 2'-, fur . ComrIcI: cm:idcd: STORM SEWER SLIl" LINING RElL\BILITATION, IFB Y6-108W1. NOW TBKll:EFO.RE, if dID PriDcip81 shall widIdra1r said Bid prior m tbe dliZD of ~ the same. or shIJJ withiD tI:Il (10) da}'li atter the prucrilllll fmms 8m pmscmted 10 him far sfpmrc, IIDCa' in B wnttml 0:IIIInct wiIb. Onnge County, Fladda. in acconIm::c with 1bc Bjd u ~d" -am I Pli1dlA~ Bond 1IIc1. ~ Bond wub aood ad liUt8cicm S1Ua1y or IUrCtille u may be mpired. ... dB tai1bfb1 pedtJrmaqcc aJUi propec -fhlt1l1WW'1tt Df such Coattact and for pIUJqJt paymcDt of aU petIODS fumWUal labor or ~ ia COODeCtion tbe:rewUh, ex in the event ofd:re taihIrc to c:n1a" iDto sudl CaaInet and give AXh Bands wiIbID the time. speeiftcd. if1bc PriDc1pa1 sball pay Ihc ColDly lb difii...,,-, bctwccn IIIIll amount sptcl1kd in laid Bid aDd 1he IIDOIDt for which tho ColZllty may procure tb:: ICqUim:I wurk andIor suppJiee, provided d:Ic IaUm' UIIDUIIt 10 be in CIXCeII of the fonDer, theu Ihc above: obligatiow aba11 be voi4 sad of no offect; otberwisc 10 remain in &Il tcxca and virtue. IN' WITNESS WHEREOF, the above wri1rIl1 pmtieI haw ~eClUted d:Iit iDs1rummt UDder their seYeral seals. this the 8th day of Mtth . ZO~ the Dame and C:OIJlOIw s=l of eac:h c:mpoaItc partY being a.ftlxed and tbese ~ dnly sigDed by iG ,ptlmfped. pwnam 10 am:1lodty or ill ~ body. /" SURETYz ENTITY ~ Ca9..B1ty arl 9.rety Crnfay. ct ke:ica r2uu,~~ SlGN'ATtlll&: SURETY AGI;NT ) (}vwzJL 1#r<JU> fllh nn N.AMI:. AND nn.z 109 Applewood Drive Longwood, FL 32750 BUSINESS ADDRESS (407) 260-9668 nLEPBONE (BAL) hB W. Ollie:as. At.ta:rev- In-Fa:t TYPE NAME AND TITLE 15f:O ~ Gxpxate ~ t &tite 3:X) 9.rrlse. FL 33323 BUSINESS ADDlUSS (954) 838-3!.97 TELEPHONE RlVlsaUlll/lo4;hblbJt 1 Item # 14 Attachment number 1 Page 74 of 76 · Ueea.sed FbIrida Jnl1lnJ1a Atmt? Yet X Ne Lkaue Nwober: E077488 STATE OF Florida ) COUN1Y OF Broward ) SS CITY OF Sunrise ) Bdi:ltc _~ a Natllry Pub}jc duJy ~> qaa1f1ied ad __panoMlIy, ~ ka W. OliW!t'8S 10 me wcll knowc. \lto beq by DIll tint dDIy IWOI'D lJPOD oa1h U)'I1ba1 be Is AUomey~in-Fa.ct for ~ Cmwlty m:l &my Chq:ayy of /m:!rlc.a as Samy, aM that be hq bccaa WJu~ by aid Sumy to ~ 1ho fbregoiag Bid Bold an behalf oftbc: Prim:ipal (OONT.RACTOR) QIQQed. tbereiD ill tllYoroflbo 0WDClf. 'il UA_ . . == 0021131)1 ~ 01. 2<<l1 (Print, Type or Stamp Co~ Name ofNotay Public) day of M1r:t:h . 20.(0 PersoaOy EnoMl X f Type: ofTd-nfir'iltlon:: or Produced ~ RMsaI SIIIJUEUl)Jt J CotIt'd. Item # 14 Attachment number 1 Page 75 of 76 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartfonl, ComIedicut 06183-9062 POWER OF AITORNEY AND CERTIFICATE OF AUTHORITY OF ATI'ORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUAL TV AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut. and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut. (hereinafter the "Companies") bath made. constituted and appointed, and do by these presents make. constitute and appoint: Mk:haeI F. Yadacb, JuD A. Russen. Nancy R ZaleskI, Ana W. OUveras. of ~ Jilorlda, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign. execute and acknowledge. at any place within the United States, the following instrument(s): by hi.sIber sole signature and act, any and all bonds, recognizances, contracts of indemnity. and other writings obligatory in the nature of a bond. recogrn7JU'Ice. or conditional undertaking and any and all consent!I incident thereto and to bind the Companies. thereby as fully and to the same extent as if the same weze signed by the duly authorized officers of the Companies.. and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given. are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies., which Resolutions are now in full force and effect: VOTED: Thal the Chairman. the President, any Vice Chainnan. any Executive Vice President. any Senior Vice President. any Vice President. any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoiDt Attorneys-in.Fact and Agents to act for and on behalf of the company and may give .such appointee such authority lIS his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances. contracts ofindemnity, and other writings obligatmy in the nature of a bond. recogni7~ or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the 01ainnan.. the President. any Vice Ch.ainnan, any Executive Vice President, any Senior Vice PresideDt or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the SecretaIy. VOTED: That any bond. recogJ1i7JInce, contract of indemnity, or writing obligatory in the nature of a bond, recogni7.ll1V'1'\. or cooditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice ChaiIman, any Executive Vice President, any Senior Vice President or any Vice President, aDy Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Seaetary or any Assistant Seaetary and duly attested and sealed with the Company's seal by a SeaetaI)' or Assistant Secretary, or (b) duly executed (under seaI.lfrequired) by one or more Attorpeys.in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursua:nt: to a written delegation of authority. Tbis Power of Attorney and Certifkate of Authority is signed and sealed by flll'ChnU.. (mH'h.lllnlNll or printed) onder and by authority of the foUoW'inl S~ndl"l Resolution TOted by the Boards of DIrectors of TRAVELERS CASUAL TV AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, wbleb. Resolution is DOW in full force and errect: VOTFD: That the signature of each of the following officers: President, any Executive Vice President. any Senior VlCe President. any Vice President. any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by ~ to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident AWtant Sec:retaries or Attorneys-in-Fact for purposes only of executing and attesting bonds aad un.dertakinp and other writings obligatory in the nature thereof. and any such power of attomey or ce:rtificate bearing such facsimile sign.atUR: or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and fJlr.!cimi II'! seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is llrmd1ed Item # 14 (OS-04) UnlimiUd TRAVEL1R8 CASUALTY AND SURET'f CClUPAJrft OF AMERICA HAtlI~ CClNNEC11CUT OltIa FlMAHCW..ITAl'DIEMT Aa OP.NNI3O, ZJl)f CAlllTAL STOCK S I,QCO)XlO (' '.. . INVUT!D CAlM r... r"1'X:K ('''H!Il DNUT!DAIUTIi &''oU'IUIIIT INCOMe CUI! AND ACCRlJeD r-'1l!IIUM IAl.AHC& "~~. C' auI!Nr PlDllW.IICClMI! TAX ReC:CNIRAIU! '~DellUllDTAXAIU1' r~ Pat IICUIUTU r~ FROM PAIWfr. 8UBIIDIARIU & Anf-SAT!S r"'NiR AIIaT8 . 51111'lM4 1,1CX1.711.JG 21A12.221 2D.-..o 141 ~... ~4 34.3D.731 1'-'731 . (~ '"TI'Ai, 12, 1I1rh~~ <9j\TE Of' CONNI!C1"ICUT' ~OP HAKT'FORD ;'1Y 01' HAA nroftO ) )Sa. .... UNEAItN!D PREMIl.... LOIIU u:.a AD.IJSTIIENT EXPENH8 COWMllOM TAXIa, LICINIU AND FQI CJTHIR JXPII.. aJRIIIDT A!t'lP.ALAHD FClRPJM INCClII! TAXa PAY'" FOR RCUIU1'II!I PAYAILI 10 IIMINT. -.....cwuu &.AFPlJAlD anElACCRfIm IXPeNII!IAHO UA8IJT1!I TOrAL. U#aJT1!I CAPITAL .-roc;K PAID II 8URPUJI 01'H!JI8fJIIaILUI 'IOTA&. ~ TtlIIaJCVHOI.OIR8 1Of"" "WR!NCa A. 8ftJTA, II!IUG DULV awcruc. MY8 THAT"''' \itCa PRam!NT. 8OND. CJCIl1tI TRAvm..ea CASUALTY AND r UUTY COMPAHY OF AII!RICA. AND ntATl'O 'THa IUT Off HAl JCNC7Nt.fDGe NIJ BIU!P. THe POIUOOIHO . A TRUe AND ORUCT aTAT!U!HT 01' T1fI: FINI-.HCIAl CON:X1'1OH 011 SoW COUPNt( M qPlHe 3Cmf DAY C# .JIJH!. 2C04. IICRI8I!D MD SWORN TO BIRJR! III naa W) DAY C# AUCaUIT, 2C04 Ld.k Attachment number 1 Page 76 of 76 I ......,71 -"".. 107 .-n.JIIZ .....- 7.77I.A13 10,2aJ111 11~ 51...... I7S,J51 S1~ S 1"OCD,oDCI :m.2I1.G ::dtEl: :'; tlt~...,.,~ ~ ~ ~'L~t- Item # 14 Meeting Date:2/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Accept a 15-foot Drainage and Utility Easement over, across and under a portion of the Northeast 1/4 of Section 2, Township 29 South, Range 15 East, conveyed by The Union Street United Methodist Church, a Florida not-for-profit corporation, given in consideration ofreceipt of $1.00 and the benefits to be derived therefrom. (consent) SUMMARY: The subject easement is being granted to the City to allow the extension of the City's stormwater system to provide an outfall for a private stormwater retention pond on the property immediately west of the church, and to improve drainage on the church property. A copy of the easement documentation is available for review in the Office of Official Records and Legislative Services. Review Approval: 1) Clerk Cover Memo Item # 15 -..~ . . . . . I . ;;;;: . . . . . . Attachment number 1 Page 1 of 3 . . . I ~r:~;~~ ~~~?~{?~{~.N?j:'~~.1.?:-~ .~~.;.::: ~"'?-:~~~..::ff( ~-f,rf~~~?< .".. - --- - - - -= _ ."J , 1'~J'-"""F;j.~'!?;"'5::-::"~;:."$':-:y,' """"':-'~S&~"""~~'f'..P;r;'-.;"~~~~~:: ".'-'1-1 I :..; ~~:"~"::;.I., ." .Y~,:~", ;~~;.o:-~ ~.~., ~ I III :.~:?r.~;a ~l~ :<-=: ~~:\. ~""!-~ _I~I~ II~ :.,;-".-~.x~~.-2.:"....-,;"""'- ",-_".,-~ .~.-~.:-:.. ..~__~ ;-....,--;. :_-~)-Q:.~~I.~~~~~.... _:~~ ~LL :J .....--- ".- . ...:?:~r .:'f~:. '':'..i.~~. ;~..: ~ ~.,:.:.". Ji:: :": .:}~ .;-." =- ~:"oj: . :;.~~. '::'.t~: '-k: ~"";. ~ J ~~ ~ L..: ~ ~ ~~~..: .I~Y:: .5~"'" :~\ .~~~. I'"*~~ ~?~ ~' /~.:.~....~...::" :r ~ \:. ~~."" .~-V::1.-":, ,:I~.~ :.~.. i~:.;: -~ .~~ ~... ~. ~~::;:.-:. ~{::~-...:..~ 1:"~.~?1 }:~ ~ '..:":1 I ~.~":~~}~.;'.~i:::.=:?R~V;~~~~~~-~."':~Yf:~.~J;"~ii;'~"~:*4.~~. .r'-1..-::'~""*Wx~i.~;J:~.~:\.%~%~i '(~m.-;:':l"{t::.:. )J':::-(ff..~~~~;;,~J~~fu-;j~k-1/"f,k:~-*~~)~~\~~~.i:~1--w-~r70.:;':;.~~~ ,~~t~1.{~~1~;*t(:~t}~j,i1I~r~Erj~z;tr1f.f(ir'1%\~~:~~f~h~2.~~*h?nt~:~t1:~J~~:,1'~~~~hX};L.~~T~~\~ftZ~~'*r*~W:W;~~(_ . --.~~ Item # 15 ~ . ~ . . . ~ - - - r - .. - ~ . II Attachment number 1 Page 2 of 3 . . I I . ;~ ~~~.i,~-~.~~:.t~ :S~ ~.~~~f.~~: ~~:r(:~r'~ I- m ~:!:} ~~;::,}~4~~.~. r=.i-" ~~.~~:~~~Ji:~~:r:~~~?!~.~t:~)~~Z;~~;;.~?~ :~~~Y.i-~ ::it).1 . ~ .. . A/ ";:.-."( .~j }.l~~; ~:}.~~.;) i~.~.~ ?-::i.~:.:~..~~~:.~ !!!!!! '!! - = !II Item # 15 ~J:, . . I . . . . iiM to .-- I . - - p;Il' - I Attachment number 1 Pallil 3 of 3 .,.. .-~:{:>~'-:.J.""~I :~ '^'~~ r I'f, ~., ie',,:~_ )~~ I j-:' (J~ ~,,"1:. :.._ I ... ~_('.I.)~_ 1___"__ . . . I . l!il Attachment number 2 r-- - - v '---- UNION ST \ - It Q :c: It o J:: It UJ ~ o Q" I- UJ (!) (!) :) - :c: ...... EASEMENT SITE \ ~------ ~z PIN~?~ ~'--- -( CUMBERLAND LN ~ HUNTINGTON LN -~ / ~ ( \ / WINDSOR DR ~ - -( - WINDSOR PL l- /y SOUVENIR DR Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (72~2~;~~~::~~2:~~64755 Map Gen By: SF Map Document: (V:IGISITemplateslnewB x 11.mxd) 11/21/2007 --10:45:40AM UNION ST. UNITED METHODIST CHURCH DRAINAGE & UTILITY EASEMENT N W~E s em # 15 Scale: N.T.S. Meeting Date:2/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Approve the 2008 Federal Legislative Package. (consent) SUMMARY: Each year, the City of Clearwater submits a list of legislative priorities for consideration for the new federal budget year. Once the package is approved, the City's legislative liaison will submit our request to our delegation. The 2008 Federal Legislative Package includes such issues as: funding requests for the Downtown Revitalization Initiative and Wastewater/Reclaimed Water Infrastructure; supporting legislation that will diversify Brownfields Remediation loans into grant funds; opposing decreased funding for Community Development Block Grant and Housing and Urban Development programs. Review Approval: 1) Clerk Cover Memo Item # 16 Attachment number 1 Page 1 of 3 Federal Legislative Priorities 110th Congress, 2nd Session Appropriations Downtown Revitalization Initiative The City seeks federal assistance to implement projects that revitalize Downtown Clearwater into a wonderful place for residents and visitors to live, work and play. . Cleveland Streetscape Phase 2 - $1 million Transform Cleveland Street into a pedestrian friendly area with landscaped sidewalks and medians with areas available for public art. The project also includes new benches, trash receptacles, bike racks and decorative street lighting. Estimated cost: $4 million - Goal is to obtain $1 million to begin construction of Cleveland Streetscape Phase 2. To support growth in the downtown areas, the City has invested $10.2 million in roadway and utility improvements along Cleveland Street. . Downtown Waterfront (Upland Connection) - $1.2 million Implement waterfront upland improvements with seawall cap repairs, sidewalk widening, parking lot upgrades and landscaping. The total estimated cost is $11 million. The Clearwater Downtown Development Board has dedicated $50,000 annually for ten years and the Community Redevelopment Agency has committed $500,000 to supplement local resources. Wastewater and Reclaimed Water Infrastructure . Goal is to obtain a $2,200,000 appropriation in FY 2009 V A-HUD appropriations bill under State and Tribal for assistance to repair and upgrade wastewater and reclaimed water infrastructure. . System upgrade is needed to meet federal and state regulations. . Expansion of reclaimed water system will reduce impacts on the natural aquifer and assist with disposal of treated water. . The City has received approximately $1,850,000 from the Environmental Protection Agency's State and Tribal Assistance Grants (STAG) to supplement the local resources dedicated to this initiative. Item # 16 Attachment number 1 Page 2 of 3 Issues to Support Code Enforcement . Support legislation that promotes and enhances the operation of local building code enforcement administration across the country by establishing a competitive Federal matching grant program (RR 4461). Brownfields Remediation . Support legislation that diversifies loans into grants. . Increase funding for Brownfields assessment and cleanup. Fire Act . Provide funding for pre/post disaster mitigation (i.e., first response training, hardening of facilities, equipment). . Maintain funding levels for SAFER legislation that provides additional staffing for fire and medical emergencies. . Continue funding resources that promote fire prevention activities for community risk reduction. Public Works . Monitor Transportation Enhancement Funds. . Provide funding for hardening of existing infrastructure to mitigate natural and man-made disasters. . Increase funding for land and water conservation projects. Homeland Security Mandates . Support legislation that would provide federal funding for Homeland Security mandates assigned to local governments. . Authorize funding resources to local governments responsible for providing candidate protection during presidential campaign visits. . Maintain funding levels for Urban Area Security Initiative members. Property Insurance . Support legislation that would create and implement a national catastrophe fund for major disaster relief. Issues to Oppose As AmeriCorps facilitates community volunteer needs for many area agencies, oppose efforts to decrease funding levels for the AmeriCorps post in Pinellas County, which is located in Clearwater and is the only remaining post in the County. Oppose the CLEAR Act (Clear Law Enforcement for Criminal Alien Removal) - Oppose mandates that will require local police officers to track immigration violations discovered during normal law enforcement activities. Item # 16 Attachment number 1 Page 3 of 3 Oppose legislation that will eliminate or reduce current funding levels for Community Development Block Grants and Housing and Urban Development Programs. Oppose efforts that reduce or eliminate a municipality's ability to collect franchise fees for use of rights-of-way. Item # 16 Meeting Date:2/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Continue appointments to the Municipal Code Enforcement Board to March 6, 2008. (consent) SUMMARY: More time is needed in order to provide additional nominees with the professional backgrounds required by state statute. Review Approval: 1) Clerk Cover Memo Item # 17 SUBJECT 1 RECOMMENDATION: City Manager Verbal Reports SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date:2/21/2008 Review Approval: 1) Clerk Cover Memo Item # 18 City Council Agenda Council Chambers - City Hall SUBJECT 1 RECOMMENDATION: Dock Ordinance - Councilmember Gibson SUMMARY: Meeting Date:2/21/2008 Review Approval: 1) Clerk Cover Memo Item # 19 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Parking Garage on the Beach - Councilmember Gibson SUMMARY: Meeting Date:2/21/2008 Review Approval: 1) Clerk Cover Memo Item # 20 ~ ode ~~~ ~ '<dJ a?l '1/ ~. Gulfview Boulevard Parkin!!: Lot Assumptions Expressed Annually 300 spaces @ $3,500 each = 300 spaces @ $11,400 each Bonding @ 5% for 20 years = 3 FTE + direct costs Reserves & Maintenance Cash Flow Statement Revenue Costs $1,050,000 Revenue $3,420,000 Construction Cost $ 270,846 Debt Service $ 200,000 Labor & Direct Operating Costs $ 100,000 Reserves & Other Operating Costs $1,050,000 Bond Service Annual Operating Costs Reserves $270,846 $200,000 $100.000 570.846 $ 479.154 Cash Flow Coronado Drive Parkin!!: Lot Assumptions Expressed Annually 300 spaces @ $3,500 each 300 spaces @ $11,400 each = Coronado Drive Land Bonding @ 5% for 20 years = 3 FTE + direct costs Reserves & Maintenance = Cash Flow Statement Revenue Costs $1,050,000 Revenue $3,420,000 Construction Cost $3,500,000 Land Purchase Price $ 356,375 Debt Service $ 200,000 Labor & Direct Operating Costs $ 100,000 Reserves & Other Operating Costs $1,059,000 Bond. Service . Annual Operating Costs Reserves $548,027 $200,000 $100.000 848.027 $ 201.973 Cash Flow City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Public Outreach Meetings - Councilmember Gibson SUMMARY: Meeting Date:2/21/2008 Review Approval: 1) Clerk Cover Memo Item # 21 SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date:2/21/2008 Review Approval: 1) Clerk Cover Memo Item # 22