05/15/2003NOTE: OS/ 12/03
PRELIMINARY (WS) AGENDA & PAPERWORK
THAT WAS IN PACKET INITIALLY BUT THEN
NOT �ONTINUED ONTtJ THURSDAY'S
C�MMISSION AGENDA IS AT THE BACK OF
THIS AGENDA PACK.
ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, May 15, 2003 - 6:00 P.M. - Commission Chambers
ITEM #1 - Invocation - Commissioner Hibbard
ITEM #2 - Pledqe of Alie�ance - Mayor
ITEM #3 - Service Award - Given
ITEM #4 - Introductions. Awards and Presentations- Given
a) Proclamations:
Code Enforcement Officers Week 6/2-7/03
Emergency Medical Services Week 5/18-24/03
Safe Boating Week 5/17-23/03
Pinellas County Government Appreciation Month 5/03
Tourism Week 5/11 - 17/03
National Public Works Week 5/18 - 24/03
b) Neighborhood awards for Quarter
Neighborhood of the Quarter awarded to Morningside - Meadows neighborhood
Homes of the Quarter awarded to:
1) Marcia Roth & Lucious Bonds -1151 Jackson Road; 2} Glen Papa and Cindy Marie Foret-
Papas - 1537 Oakwood Street; 3) Eula Williamson - 301 Lake Drive South; and 4) Donald
and Edith Ware - 1631 Greenlea Drive
c) Neighborhood certificates for Clearwater Neighborhoods Day
Participation awards presented to neighborhoods:
1) Carlouel; 2) Clearview Lake Estates; 3) Cleanrvater Beach; 4) Coachman Ridge;
5) Country Club Addition; 6) Del Oro Groves Estates; 7) Lake Belleview Community;
8) Morningside Meadows; 9) Northwood Estates; 10) Oak Grove F_states; 11) Old Cleannrater
Bay Neighbors; 12) Overbrook Park; 13) Skycrest Neighbors; 14) Virginia Groves;
15) Windsor Park; 16) Windsor Woods 11; 17) Wood Va11ey Neighborhood Watch & Boys and
Girls Club; 18) Wynwoods Landing; and 19) YWCA Hispanic Services.
d) Solid Waste Association of North America Road-E-O competition awards
Awards presented to: 1) Nick Fritz - 1 S` place - rear loader; 2) Mark Beery - 1 S' place - front
loader; 3) 1 S` place - automated sideloader; 4) Rick Clark - 2"d place - roll-off truck; 5) Paul
Wassen - 2"d place - tractor trailer; and 6) Bobby Lillico - Coach for effo�ts at 4/12/03
competition.
e) Public Communication Awards
Two communicator awards presented to Public Communication Depa�trnent.
ITEM #5 - Approval of Minutes - 5/01/03
ACTION: Minutes approved as submitted.
ITEM #6 - Citizens to be heard re items not on the Agenda:
John Doran invited residents to participate in the Neighborhoods Conference at the
North Greenwood Recreation Center on 6/17/03 beginning at 8:00 a.m.
PUBLIC HEARINGS
ITEM #7 - Pub(ic Hearinq 8 First Readinq - Ord # 7139-03 - Approve the applicant's request to
vacate the east 5 ft of the 10 ft drainape and utilitv easement Ivinq alonp the wesl qropertv line
of Lot 76, Countrvside Tract 5. (A.K.A. 3278 Pine Haven Dr.), less and except the south 5 ft
thereof. (PW)
ACTION: Approved. Ordinance passed 1st reading.
Commission Action Agenda 2003-05-15
ITEM #8 - Public Hearing and First Readinq - Ord. # 7118-03, amendinq the public, education,
and qovernment access support payments from Verizon Media Ventures, Inc., cabie television
franchise originally granted under Ord. # 6046-96. (PC)
ACTION: Approved. Ordinance passed 1st reading. (4:0) (A — abstained)
CITY MANAGER REPORTS
CONSENT AGENDA (ltems #9-21) - Approved as submitted less Items #10 and #13.
ITEM #9 - Approvai of Purchases per Purchasinq Memo:
1) Sper Chemical, Clearwater, FL - copper corrasion control during period 7/14/03 through
7/31/06, including equipment and supplies for 5500,000. (PU/Water)
2) American Water Services Underground Infrastructure, Cleanvater, FL - storm pipe
rehabilitation at Franklin St. and Garden Ave. for $63,356.25, (PW/Eng)
ITEM #10 - App�ove the amendments to the FY2002103 Consolidated Action Plan to reprogram
269 600 in Community Development Block Grant (CDBG) and HOME Investment Partnership
(HOME) program funds to activities that conform to the City's Five-Year Consolidated Planning
Document. (ED/HSG) APPROVED
ITEM #11 - Aqprove concepts reqardinq travel reimbursement and direct staff to prepare
ordinance and policy including these concepts. (FN)
ITEM #12 - Aqprove agreement between the Pineflas Countv Schoof Board and the City of
Clearwater for a term from 6/11/03 through 6/10/04 for the City to utilize Pinellas County school
buses at a cost of 50.90 cents per mile plus $18.20 per hour, for a total estimated cost of
�30,000. (PR)
ITEM #13 - Aqprove a donation to Clearwater Homeless Intervention Prolect, Inc. (CHIP) for
funding of operations in the amount of $100,000. (Pt�) APPROVED
ITEM #14 - Award a contract to The Bobcat Comqany of West Farqo ND, for the purchase of
one New 328D Mini Excavator, at a cost of $24,626, in accordance with Section 2.564 (1)(d),
Code of Ordinances — DLA Federal Contract #SP0500-01-D-0086, and authorize lease
purchase under the City's Master Lease Purchase agreement. (PW)
ITEM #15 - Establish a Capital Improvement Proqram (CIP) proiect for Bio-Solids Treatment, to
be funded through budget savings in other projects and approve the Parsons Engineering
Science Work Order for Preiiminary Engineering Services in the amount of $1Q1,297. (PW)
ITEM #16 - Award a contract to American Water Se►vices Underqround Infrastructure, Inc. in
the amount of �533,030.52 for sanitary sewer line rehabilitation at various focations throughout
the City of Clearwater, using the City of Largo Ag�eement For Sanitary Sewer and Stormwater
Inversion Lining Contract dated October 1, 2002 in accordance with Section 2.564 (1)(d), Code
of Ordinances. (PW)
ITEM #17 - Approve a work order to TBE Group, Inc. (EOR) in the amount of $112 205 for utility
relocalion design services being performed in conjunction with the Flarida Department of
Transportation's (FDOT} SR 55IUS 19 (North of Sunset Point Rd. to South of Countryside Blvd.)
roadway improvement project. {PW )
ITEM #18 - Award a contract to Rockdale Piqeline, Inc. of Temple Terrace Florida, for the
Harbvr Oaks Reclaimed Water Distribution System (01-0054-UT) construction contract in the
amount of $3,488,357.40, which is the lowest respansible bid received in accordance with plans
and specifications. (PW)
ITEM #19 - Approve 1he Grant Award Aqreement between the Florida Communities Trust and
the Citv of Clearwater for the Kapok Wetland and Floodplain Resloration Proiect for
management of the p�operty. (PW)
ITEM #20 - Authorize the Citv Attorney to allocate up to an additional 550,000 in the defense of
the City and James Wood in the case of Palisano v. City, for a total amount of $175,000. (CA)
Commission Action Agenda 2003-05-15
2
ITEM #21 - Authorize settlement of Neiswander v. Citv of Clean�vater, a due process case
involving a demolition under the Unsafe Building Abatement Code, in the amount of $25,000.
(CA)
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #22 - Provide direction to the staff for final desiqn elements for Glen Oaks Storm Water
Manaqement Proiect. (PR)
ACTION: Directed staff to proceed with Alternative #1. (4:1) (J)
ITEM #23 - Adopt Res. No. 03-23 reqardinq lien releases for Sand Kev special assessment
qavoffs received from October 1, 2000 through March 31, 2003. (FN)
ACTION: Approved. Resoiution adopted.
ITEM #24 - IAFF Union Neqotiations Update.
ACTION: Update given.
ITEM #25 - Other Pendinq Matters:
City Manager reported the Homeless Task Force will meet on 6/10/03 and present its
report to the Commission on 7/14/03.
CITY ATTORNEY REPORTS
ITEM #26 - Other Citv Attornev Items: - None.
ITEM #27 - Citv Manaqer Verbal RPports
City Manager reported the Public Communications Department had won a 15` place
award for C-View's United Way video.
Assistant City Manager reported Heritage Village has no interest in relocating to the
park the railroad station offered by Fred Thomas. Heritage Village will be in touch with
Pinellas County regarding use of the building as a Trail Head. The City has no nearby
properties availabl2 for this facility's relocation. City Manager to send letter to Mr.
Thomas declining his offer.
City Manager said he a�d Assista�t City Manager will retu�n in the morning to the
FCCMA conference in Daytona Beach, where discussions reflect City efforts to
diversify and recognition of quality of life issues.
ITEM #28 - Commission Discussion Items - None.
ITEM #29 - Other Co�nmission Action
Hibbard said he had visited Paul B. Stephens School and was impressed with college
students he met who are preparing for a bikeathon from Miami to Tallahassee to bring
attention to the needs of the disabled.
Hibbard, Hamilton, and Aunqst complimented Grav and Judv Meiqes for their eiforts at
making last week's Library Foundation fundraiser a nice event and a success.
Commission Action Agenda 2003-05-15
3
Hibbard and Hamilton said last week they had attended the Fraternal Order of Police Lodge
#10 memorial service for failen officers.
Hibbard invited residents to participate in the American Cancer Society Relay for Life 18-hour
walkathon on 5/16/03 beginning at 7;00 p.m. at the Long Center,
Gray and Aunqst wished Hibbard a happy birthday.
Gra thanked all who had attended the 4/30/03 Library Foundation fundraiser and thanked
Judy Melges, the Commissioners, and their spouses for their participation. She estimated
approximately $7,500 was raised.
GraY congratulated her daughter, Kaylee, as she prepares to move from middle school to the
IB program at Palm Harbor University High School.
Jonson expressed concern regarding proposed legislation that would negatively affect
Tampa Bay Water.
ACTION: Approved. Resolution #03-26 adopted.
Jonson recommended the City continue to monitor proposed legislation that would increase
city court filing fees. He reported legislation passed that would allow condominium owners in
structures taller than 75 feet to opt out of sprinkler requirements by a 2/3 vote of unit owners.
Another bill passed that may exempt FDOT from local regulations, but the language is
unclear.
Jonson congratulated Mee�y Farley of the Clearwater Regional Chamber of Commerce for
receiving at the Travel luncheon the 1 S` award for supporting the tourist industry by going
beyond the call of duty.
Jonson said the FDOT Secretary had approved designation of the Courtney Campbell
Causeway as a Scenic Highway. He quoted Ansel Adams regarding the importance of
beauty to the quality of life.
Hamilton said he had attended the recent annual Boys and Girls Club Dinner. The dinner
was hosted at Ruth Eckerd Hall, and took place in north county fo� the first time in 44 years.
Hamilton congratulated E.B. Bower of the Clearwater Regional Charnber of Commerce for
her efforts to promote the area during a recent meeting of the Central Florida Concierge
Association.
Aunqst thanked Commissioners for representing him at recent events while he was on
vacation.
Aun st commended Hibbard for his significant efforts related to Ftelay for Life events.
Aun st said on 5/14/03, he had participated in a panel discussion at the Tradewinds Hotel for
Leadership Pinellas regarding tourism in Pinellas County.
AunQSt said this morning he and other Commissioners had attended the grand opening of
Costco at the former Clearwater Mall.
Commission Action Agenda 2003-05-15
4
Aungst announced the Regional Chamber of Commerce's annual golf tournament will be
held on 5/16/03 at the Belleview Biltmore.
Aunqst said he will participate in the Tampa Bay Partnership's Annual Leadership
Conference in Sarasota on 5/21-22/03.
Aungst invited residents to participate in the kick off of the fundraiser for the Kids Wish
Network on 5/31/03 at 9:00 a.m. at the Safety Harbor Spa.
Aungst announced the next work session is scheduled for June 2, 2003 at 9:00 a.m.
ITEM #30 — Adiournment — 9:06 p.m.
Commission Action Agenda 2003-05-15
5
CITY OF CLEARWATER
Interdepartmental Correspondence
TO: Mayor and Commissioners
FROM: Cyndie Goudeau, City Cler
SUBJECT: Foilow up from May 12, 2003 Work Session
COPIES: William B. Horne, City Manager
DATE: May 15, 2003
In response to questions raised at the May 12 Work Session, the following answers are
provided in final agenda order:
Item #18 — Harbor Oaks Reclaimed Water Distribution System — proposed service area map is
provided.
ltem #22 — Glen Oaks discussion — lnformation about the trees wifl be discussed at the
meeting.
Miscellaneous — Offer from Fred Thomas to give City the building known as the Cleatwater
Train Station — Heritage Village was contacted regarding their using the building in their historic setting.
They are not interested in the building due to the renovations negating the historical value. The City
does not have property available in the area to which to move the building. Heritage Village will be in
touch with Pinellas County regarding the use of the building as a Trail Head.
In response to a question raised at the April 28 Work Session regarding the Largo median
sponsorship program. A memo with attachments is provided.
Notices have been posted for "Procedure for Public Comment on Agenda Items" and "Rules of
Decorum". Copies are provided for your review.
LL
`� earwa er
U
Interoffice Correspondence Sheet
To: Cle.u-�ti�ater Cit}• Comnussion
From: Doug Matthe«�s, Director of Ptiblic Commtinications
CC: Bill Home, Cit}• Mana�er
Gan}• Bnimbacl:, tlssistant Cit}• Manager
Kevin Dunb.u•, Director of Parks and Recreation
Date: I��1a}' 1-�, 2003
RE: Medi�lri SpOriSOI'S�"llP PI'O�rl(Il
At the Apri128 City Conuiussion �t•ork scssion, Conuiussioners requested inforn�ztion on the Cityof
Largo's median sponsorship progr,im, which is used to defray costs associated Rith maintenance of
landscaped rnedians on the city�s nk�jor thoroughfares. Ha�•ing been im�olved in che conceptualization
and n�rketing of the program, I spoke n�itli Greg Bc•oRn, Largo's Parl;s Stiperintendent, and received
the auached uifoin�:ition regarding L,�irgo's program.
As the attached documents indicate, Largo's program requires a minimurn three-}'��;r conuiutment for
sponsors. The city:issumes responsibilityfor production of the sponsor signage. Of the 44 medians
a�•ailable for sponsorship, 19 have been sponsored since the program's inception appro�imatel}'t��o
}�ears ago. T}iese sponsorships fund 51�,500 (21.2%) of inedian ii�iintenance costs. An additional
$24,000 (35.1�%) of cnaintena�ice costs is funded b}� tl�e Flo�ida Depaitment of Transportation for
median n�:iintenance on state roads.
L.�rgo's Recmation and Parks Department launched the sponsoiship program n�ith a n��rketing
campaign tl�at included distributing an infocrn�itional fl}�er, packaged Rzth a seedling tree, to each of the
businesses in each corridor. The Home Depot, who donated seedl'uigs and paid printing costs,
sponsored this promotion. T1ze department also placed inforn�tion in their departmental prograrn
guide, bi«�eekly city advertisement, government television station and on several commeirial solid �traste
collection vehicles. Total promotional costs �i•ere noc immediately available, but a fair estin�ite «•ould be
bet��een $1,000 and $1,500.
The department's Horticultural Coordinator adnunisters the program and monitors sponsor contracts.
The department's e�ecutive assistant n�iintains billing for the progiam.
The Public Communications Depaitment is R�orking to get a copy of some of the marketing materials
used to proinote the program and will provide these to }nu if yvu «7sh.
��5. : _.,�2003 :3: ��
Dats:
Company:
Cant�ct:
Address:
Phone:
��=So7426
LAP.G �1�ARKS
O 1905 F�
c� o
� : ����. �
� ��..'�`. . ..�• �
�
Ci�ty of Largo� Florida
po.c � ao: Zsa, ��o, oridn 33779-0296
MEDIAN SPONSORSHIP PROGRAM
P�GE E12
You have taken t�►e opportunity to show civi� pride in the Largo community while getting
additional advertising on by participating in the City of Largo
Median 5ponsorship Program.
Your median area is
Please find below che terins of thie agre�ement.
T�e Recreation, Par� and Arts Uepartment a¢rGes to;
i. Provide a one-side 16"x24" painted wood sign with sponsar name and logo; NOTE: a
double-sided sign can be pravided for an addi�anal one time fee of $200.00.
2. Pravide mainfienanoe and repairs to sign.
3, Provide maintenance to said medlan.
4. Provide invoiae for sponsorahip payment.
$p011BOf i�'!�M
]. Comu�it to a 3 year sponsorship.
2. Pay the City of Largo per year for a period of 3 years. Your total obligatian is S
for epansonhip. Payment for the fiist year is due prior to production and placement of
sign.
Thank you for suppordng the Median Spionsurship progretm, your generous eEfort�s assist in
the beauti�ication of our City. Please call the City of Largo Parks Department 727-S86-?415 if
you have any questions.
Sponaor Date Cathy B, Santa Date
�2ecreation, Parks, and Arts Uirector
P.rn.nt s�ri.al�,�.:
Dus et d�r►p:
Da�bl� Slpn:
Du� 7'' Yr.
_ Du� 3" Yr.
DaM Pald:
0�l13/2003 13:33 7275867426 LARGOPARKS PAGE 03
Median SnonsorshiR_Master List_10i09J02
Missouri:
1-Available In front of Largo High School
2-East Bay Au[o
3-Avai]able Just Souch of Roscry
4-Larry's Big &Tall Mens Store
5-Midway Manor
6-Available Just S�uth of Wyatt
7-Southern Pawn
8-Available Between Auburn
and Ponce de Leon
West Bav Drive:
1-Curtis Pools
2-fiye Institute/Dr. Weinstock
3-Shettle Eye Institute
4-Avaiiable at 6� Ave. NW intersection
Walsin ham:
1-First American T'itle Company
East Bav Drive:
1-Apsco Plumbi�g
2-McGill Plumbing
3-Piper Fire Protection
4-Dr. Zabrocki's Of�ce
5-Optical Factory
6-Available Easc of Sta�rkey, West of Belcher
7-Available On Plumosa
8-Buxton Property/Endeavor Mortgage
9-Available Between Starkey and Belcher
10-East $ay Car Wash
1 l-Available Just east of Bedford Circle
12-Available Intersection of Bedford Circle & Pine Fo�est Dr.
13-Florida Van Lincs
$750
$250
$250
$250
�250
$25�
$500
�50�
�750
$1500
$1500
$500
$I500
�1000
$750
$1000
$540
$500
$75Q
5500
�100U
�ZSo
$250
$750
$250
$750
05/13/2003rt 13;33 7275867426 LaRC��PARKS PAGE 04
Semin le:
1-Available
2-Available
3-Available
4-Available
5-Available
6-THG
7-Available
8-Available
9-Available
10-Available
] 1-Available
12-Anderson/ McQueett
13-Available
14-Available
15-Golden Corral
l 6-Available
l7-Available
18-Available
North of Railroad tracks
South of Railroad tracks
North of 4�' Avenue SW
North of 5`h Avenue SW
South of 6'� Avenue SE
Between 8�' and 11'h Avenue SW
Between 11`" and 14`� Avenue SW
North of l4`'' Avenue SW
North of 16`'' Avenue SW
South of l6`" Avenue SW
Intersection of Diffenworth Street
South of Ulmerton
South of Lark Drive
Intersectioo of 127`� Avenue
Intersectionof 126�' Avenue
$500
$750
S500
$SOa
5250
$250
�1000
�250
�750
�500
5750
�500
$500
�250
$500
5250
$500
�500
05/13/2003 13: 33 7275867426 LA .r�C'aOPARKS PA6E ��
Median Cost �reakdo�+rn:
�,penges
Maintena ce CQntract:
Medien Plantingj
Medlan Ichin�
West Bay Meintenence:
�hemicals. Fertllizer. Fuel:
$22,900.00
$ 3,371.00
$ 9,422.50
$25,000,00
$ 5,000.00
Perennlal Peanut Installation: $ 2,645.00
$ 68,338.50
v n
DOT Stipend:
- $24,000,00
Medi�n Sgon�orships: - $14,500.00
-�38,500.00
Belance City Contribution $29.838.50
4
,SEAL�. .
� ,,�,. :
r��_ o
�
9'°w�rEaE`'�
SUBJECT/RECOMMENDATION:
SERVICE AWARDS
� and that the a
SUMMARY:
Clear�vater City Commission
A�enda Covei' M�I1101'al7d11111
te officials be authorized to execute same.
`,Nork session Item #:
Final Agenda Item #
Meeting Date
5/12/03 � �
5/15/03
The following employees be presented with service awards for their length of service in the employment of
the City of Clearwater
BACKGROUND:
5 Years
Carol McAnally
Ladrea C. Young
Linda L. Treuhaft
Matthew C. Burmood
Dale T. Chappell III
Gray S. Joyce
Sean D. McKay
Gary A. Spence
Tammy ! . Whitham
William R. Karner
10 Years
Susan D. Horne
Robert W. Hallett
Martyn H. Baker
15 Years
John Coppersmith
Patricia D. Fernandez
Paul W. Gray
Mark W. Weaver
Mark C. Trulock
Joseph A. Young
Police
Police
Legal
Fire
Fire
Fire
Fire
Fire
Fire
Customer Service
Police
Engineering
Solid Waste/Gen'I Svcs
Finance
Solid Waste
Solid Waste/Gen'I Svcs
Police
Police
Police
Reviewed by:
Legal Info Srvc
Budget Public Works
Purchasing DCM/ACM
Risk Mgmt Other
Submitted by:
C(ty Manager
Printed on racyclod paper
2/98
15 Years Con't
William C. Fairchild
Bonnie M. Toner
Jeffrey R. Voss
20 Years
Mark K. Tranter
Lloyd E. Wentz
Nita Frazier
25 Years
Cara D. Cooper
Louis R. Dacey
35 Years
Ruby L. Wiggins
Originating Dept:
User Dept.
Attachments
❑ Nono
Public Utilities
Finance
Parks & Recreation
Gas
Police
Finance
Police
Parks & Recreation
Parks & Recreation
Costs
Total
Current FY
Aapropriation Code:
Funding Source:
CI
OP
Other
Rev.
�'-�5�� �t
. �
�� a
�
99�'�ITEa;�'OQ
Clea����atcr Citv Commission
A�Tenda Co��crri�tcii�orandum
Work session Item #: �(,� �j
Final Agenda Item # �
A�leeting Date: 05/15/03
SUBJECT/RECOMMENDATION: Approve the applicant's request to vacate the east 5 feet of the
10-foot drainage and utility easement lying along the west property line of Lot 76, Countryside
Tract 5, (A.K.A. 3278 Pine Haven Drive), less and except the south 5 feet thereof, and pass
Ordinance Number 7139-03 on first reading, (V2007-03 Maresh),
❑X and that the appropriate officials be authorized to execute same.
SUMMARY:
• The applicant is seeking approval of the vacation request in order to have more room on which to construct an
in-ground swimming pool and deck.
• The Planning Department has no objections to the vacation request and the proposed swimming pool design
meets Community �evelopment Code requirements.
• Progress Er•- •.:� "l:;�e Warner Cable (Bright House), Verizon and Verizon Media Ventures have no objections
to the vacatic.: ....,_-�st.
• The Ciry of Cl,;arwater has no utilities in the easement portion proposed to be vacated and no future need for
the easement portion is anticipated
• Public Works Administration has no objections to the vacation request.
Reviewed by: �,. --
Legal �,/� ��� Info Srvc NIA
,
Budget NIA Public Works 1�. 1
Purchasing NIA DCMIACM
Risk Mgmt NIA Othcr /A
Submltted by:
City Manager �
Printod on rocycled paper
Orlglnating Dept:
Publlc Works Adm
User Dept.
NIA
Attachments
Ord. 7139-03
Location Map
Costs NIA
Total
C�rrent FY
Appropriatlon Code:
Funding Source:
CI
OP
Other
VACATION 2003-07 Marosh
ORDINANCE NO. 7139-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE EAST FIVE FEET OF THE TEN-
FOOT DRAINAGE AND UTILITY EASEMENT LYING
ALONG THE WEST PROPERTY LINE OF LOT 7G,
COUNTRYSIDE TRACT 5, LESS THE SOUTHERLY FIVE
FEET THEREOF; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Jerrold and Linda Maresh, owners of real property located in the City
of Clearwater, have requested that the City vacate the drainage and utility easement
depicted in Exhibit A attached hereto; and
WHEREAS, the City Commission finds that said easement is not necessary for
municipal use and it is deerned to be to the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The following:
East five feet of the 10-foot drainage and utility easement lying along the
west property line of Lot 76, Countryside Tract 5, recorded in Plat Book 78,
Pages 57 and 58, Public Records of Pinellas County, Florida, less the
southerly five feet thereof
is hereby vacated, and the City ot CleanNater 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
Approved as to form:
,
/�'`i ' , ;�� �+ '�ti, `.�� �`
y
Bryan D. Ruff %
Assistant City Attorney
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7139-03
EXHIBIT
Scole 1 " = 50'
This is not a survey
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SUBJECTlRECOMMENDATiON:
C'lear�vater City C.Oi11i111SS1011
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Worksession Nem #
Final Agenda Item #
f��-. 1
�
Meeting Date: �� .- l 5 �3
Pass Ordinance Number 7118-03 on first reading, amending the public, education, and government
access support payments from Vcrizon Media Ventures Inc., cabie television franchise originally
granted under Ordinance No. 6046-96.
Q and thai the appropr�ate offiGals be authorized to execute same.
SUMMARY:
o On June 20, 1996, the City of Clearwater adopted Ordinance 6046-96, granting a cable
television franchise to GTE Media Ventures fncorporated (currently known as Verizon Media
Ventures}, a wholly owned subsidiary of GTE Corporation. The �rdinance granted the use of
tf�e City of Clearwater rights-of-way for a term of ten (10) years.
• Appendix C of the Franchise Agreement requires Verizon to make annual payments in support
of Public, Educational, and Government Access Programming ("PEG"). Section C of Appendix
C, provides that Verizan sha!! have the right to renegotiate with the City of Clearwater the
amounts and inanner in which Verizon funds support for PEG after the fourth anniversary of the
effective date of the Franchise Ordinance if Verizon's actual number of Subscribers in the City
after such four-year period is below twelve thousand five hundred (12,500).
• Since Verizon's actual number of Subscribers is b�low tlie four-year thresliold of twelve
thousand fi��e hundred, on November 14, 2Q02, members of the City af Clearwater Staff met with
repres?nt�±ivp� nf Ver�zon cc� consider re-negotiatir�g ti�e ievef or rEG siipport payments izzacie.
On December 20, 2002, the City of Clearwater offered and Verizon accepted a reduced level of
PE<<� suj��n�t �.��y���r��t� �r���i�2i�tlt tn tiln PEi; �i_#�;��rt �rnvs��� �y thr T�^z� vr�� ��reF!:�.��'�t���`
f�Jewhouse ('artnership Cable Franchise to the City, currentfy $20,000.
�{. -.� -, . � ,�, t y, �..,�,n� .� +h;. �^'f. .��r�.' t C�'� t�fifi
� 't;�;,���„ v��� ?���� "_Y�,;, ;'__tr... t�, t.�n .,ri.,•.,t;S•: L.�- -•;�,• . _ :s_;�;r-.,=� • --.�i,�, ,,., ;�r Yr�11C}; tiL��,l�;;t�l,
was turned over in the first 4 years ot the agreement to f�ime Warner ior the provision of public
iii,(:i?.`... :i~('u{�,i�C i�i1� t.��:riTl'v:�li;r i�Fi�:l��l�l�: lii� i�,ijy : t�ili'��i�;, 1`iii�ti:c__;;t;r.a�i��n�: i;,=•�arisr�r-ni_ �_ic�-.f'{
. ' �' `
the remaining �:3UU,UUU balance tor equ�pment purchases to upgrade the current system.
Reviewed by:
Legal
Rudget
Purchasing
Risk Mgmt
/ f �'�'� __.
NA
NA
NA
lnfo Srvc NA
Public Wo�ks NA
DCM/ACM �'����-
��—
Other
Originating Dept.:
Public Communication
User Dept.:
Public Communicatiori
Attachments
Ordinance No. 7118-03
Submitted by: -p,,, � � p None
City Manac�cr i�,�
Costs
Tota{ -0-
j�� 1 Funding Source:
� ' Current FY -0- CI i
OP
Other
ARPropriation Code: None
ORDINANCE NO. 7118-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO AMENDING THE PUBLIC EDUCATION AND
GOVERNMENT ACCESS SUPPORT PAYMENTS FOR
VERIZON MEDIA VENTURES CONTAINED WITHIN THE
VERIZON MEDIA VENTURES' FRANCHISE GRANTED UNDER
ORDINANCE NO. 604G-96; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Verizon Media Ventures, Inc. ("Verizon"), a Delaware corporation, has a
Cabfe Television Franchise Agreement with the City of Clearwater, Florida granted under
Ordinance No. 6046-96 and effective June 20, 1996 ("Franchise Agreement"); and
WHEREAS, Appendix C of the Franchise Agreement requires Verizon to make
annual payments in support of Public, Educational; and Government Access Programming
("PEG"); and
WHEREAS, Section C of Appendix C of the Franchise Agreement provides that
Verizon shall have the right to renegotiate with the City of Clearwater the amounts and
manner in which Verizon funds support for PEG after the fourth anniversary of the effective
date of the Franchise Ordinance if Verizon's actual number of Subscribers in the City after
such four-year period is below twelve thousand five hundred (12,500); and
WHEREAS, Section C of Appendix C of the Fran�hise Agreement also provides that
the City of Clearwater shall negotiate in goo� faith a modification to Verizon's ok�ligations
for support of PEG, and in such negotiation, in addition to any costs Verizon may be
obligated to share, it may be appropriate for Verizon to continue to provide some support to
the City, taking into account the City's needs and the reasonable profitability of the System;
and
WHEREAS, Verizon's actual number of Subscribers is below the four-year threshold
of twelve thousand five hundred (12,500); and
WHEREAS the City of Clearwater desires to treat all cable television providers in an
equitable an nondiscriminatory manner; and
WHEREAS, on November 14, 2002, members of the City of Clea►water staff inet
with representatives of Verizon to consider re���.�gotiation of the level of PEG support
payments made by Verizon to the City of Clearwater; and
WHEREAS, the City of Clearwater has determined that the level of PEG support
currently required of Verizon is in excess of the PEG obligations required of Time Warner
Entertainment — Advance/Newhouse partnership; and
Ordinance No. 7118-03
WHEREAS, on December 20, 2002, the City of Clearwater staff agreed to propose
and Verizon has accepted a reduced level of PEG support payments to be made by
Verizon to the City of Clearwater; and
WHEREAS, in the event the City dete�mines, following a public hearing, that the
public access benefits received by Clearwater residents are materially reduced, then
Verizon has an obligation to make the appropriate payments to the City; now therefore,
BE I�i ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Commission of the City of Clearwater, Florida hereby
amends Section C, Appendix C of the Cable Television Franchise Agreement between
the City of Clearwater, Fforida and Verizon Media Ventures, Inc. granted under
Ordinance No. 6046-96 and effective June 20, 1996, as follows:
******
C. Public, Education and Government Access Support. Grantee agrees to
pay to the Grantor, within thirty (30) days after the effective date of this Franchise
Ordinance and on the anniversary of such date for the term of this Franchise, the
following amounts:
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
Year 1 $50,000
Year 2 $50,000
Year 3 $75,000
Year 4 $75,000
Year 5 $75,000
Year 6 $100,000
Year 7 $100,000
Year 8 20 000 $-'1�9�A99
Year 9 20 000 $�;99A
Year 10 20 000 1�-5-0�0
Total: 585 000 $8�89A
Such payments shall not be deducted from franchise fees or collected from subscribers
as an external cost pursuant to FCC rules. Grantor shall only use such money in
support of public, education and government access programming. Grantor shall
provide an accounting to Grantee annually for such funds.
Grantee will pav the reduced PEG support pavments set forth above in vears 2004
2005, and 2006, so lonq as the Countv continues to provide public access benefits to
Citv residents that are subsiantiallv the same as the Citv residents enioy on the
effective date of this Ordinance. In the event the Grantor determines, following a public
hearing, that the public access benefits en�oved by Citv residents are materially
reduced, then Grantee shall be obliqated to make the appropriate PEG SUppO�t
2 Ordinance No. 7118-03
payments to the Grantor in an arnount and in a manner that is equitable and
nondiscriminatorV with respect to all cable television providers.
G�a�tee-s#�a{I--�ave-the-r-igt�t to-renego#iate-wit#�-�ranto�-tl�e-ai��ou�ts-a�d-�a�neFir�
v�k�iet�—�r,ar�tee---�t+nds—s�ppo�—fo�publi�; �ducatio�—and—gover-��ae�t—a^^�
pr-ogra�r�i�g-a#te�the-fo�rth-annivefsar-y-of-tk�e-effe�t+ve-date-e#-tk�e-€�ar��k�+se
4�d'+�a�se-+�: {-+}-t�e-Gount�-ade�ts-a-r�odel-€o�-€�+t�ding-s�ppo�-#o�s�et�-p�eg�a��i�Q
that- is-i+��er .�is#en#-wi##�-or-€ails-te-take-ia#o-acso�,�t-the-af�ounts-tr�-be-paid-by-6far�tee
#o-�r-a�ter-#�efeunder; c3�{-ii3-�r�nte�s-a�t��al-��+�ber-a#-�S�bss�+be�-ia-t#�e-Gi�-�-a#te�
s�s#-fe�►r-yea�per-+od-is-below-��rvelve-tk�ousanc-#-€+ve-hu�d Fecl-{=1-2�589}-�e-#-k�e-��te��
neses-say�-€e�r�a�tee-to-avo+d-fur##�eF-�ost-o�bligatio�6�ar�ter-s#all-r�ege�+ate-ir�
goo�-#�+ti�-a-r-�e�+€+satiofl-te-6�afltee's-abligatior�s--fo�s�ppor-t-a€-p�b4+�; edt+sa�+efl-a�d
gaver��eflt-assess-s�ppo ��#; -eq�ipf��er��-and-#as+�ities-sef-�ta+�eci-+r�-��+s-9�d+�se; +€
�cier-FGS-�e�lat+er�s-o�s�ate-eF#ede�aNaw; -6�a�tee-+s--req�+red-te-s�ia�'�-ses�-s-w+�b
tk�e---��av+de�--o�—sush—#a�ilities—(currer�tl�---T-i���--1�Va�e�--E--�te+�a+fl+�efl�-
Adva nse%1>lewk�ou se-P-a rt ner-sf�+p-("Tir�-ie-Warfler=�-1 �►-sus#-i-negot+a#+e�+-ip-ad�+�+e+�e
a�-y-sost-s-6�atee-r�ay-be-ob4+gated-te-sk�ar-e; +t-r�►aY-be--appr-op�+a��-#or-C��+�tee-#e
con#+�de-#o-pravide-so�ne-s�ppo�t-#c�he-Gi�y; #a�+ng-i�to-asc-�t�n#-�k►e-S+�y'�eeds-aRd
t#�e-feasor�able-pr�o€+�abil+t-�-e#-t#�e-syster�-
******
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
. � -� /._ \l � . -_� �
, % ,.
� �1 �: � ' , � .--- � '
.,�..BryarijD. Rufff� �;
Assistant City Attorney
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7 i 18-03
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SUB)ECT/RECON1titENDATION:
Clearwater City Commission
Agenda Cover Memorandum
i�.
�D/N-56 I
Fin,il .\�;�ncl,+ It��m #:
�'�t��tatin�; D�itt�: 05/15/03
.-�ppro��e the program amendment to the FYO?-03 Consolidated Action Pl��n to re4�ro�r�tni $?G9,GOO IIl C011llllllilliy
Develo��nient E31ock Grant (CD6G� and HOn�E Invesb»ent Partnership (,f-10��1L1 4�rogr<�m (un�ls to,�cti�•ities tli��t
con(orn� to the Cit��'s Five-1'ear Consolid��ted Plannins Document.
,
;'� and th<it th� ��ppn �priate ��fii< iai� � authr�rizr�d tn rxec-irtf� ;arn�.
SUti1h1ARY:
This �rogram amendment �vill move funds from projects and activities that were originally r���,�i��i in this fisca)
��ear and prior fiscal �-ears. These fui�ds ���ill be reF�rogrammed from: Economic Developnient and Rehal�ilitalion
projects ���here ���e had �dditional program income over actual expenditures and from o�n• I-lou5in� Pool �vhere ���e
ha��e allocated H0�1E funds to Community 5en�ice Foundation but they ha��e not identified a project yet, plus
fron� H0��1E funds that �ve allocated for New Rental Construction. This ameitdment will also ��Ilo�v us to expend
our CDBG funcls in a more expedient manner so that we c��n meet our expenditure ��nd timeliness deadlines.
Partners in 5elf Sufficiency and Cleanvater Homeless Inten�ention Project (CHIP) both receivecf c"IIIOCi1t10115 CILII'lll�
the F1`0?-03 funding cycle. Partners in Self Sufficienc�� requested an addition�il $25,000 to assist �vith thc�
rehabilitation of their ne��� office that they recently purch��sed using CDBG fuiids. Ci-IIP requested �300,000 in
additional fui�ds, of which ��-e �vill allocate S155,000 in I-IOME funds to assist with the acc�uisition �nd
de��elopment of propert}- to allo��� theiii to construct a transitional housing facilit�� adj�cent to their current facility
and 5�0,000 towards the acquisition of a property for their operations.
The other activiti�s included in this amenclr��ent are: allocating $39,G00 ro\. Green�vood Community Health
Resource Center for them to pro�-ide medical sen�ices to the N. Greenwood commimity.
Reviewed by:
le�al �/j��t�,:
a��i��� �_._-
Purcha:ins; N,�
Ri�k !�. i�;mt �,�
Submitted b� : j� :
Cit� �t��nat;er f��
Prinfed on rec�•cled paper
Intc� Tech NA
Public \Vc�rks NA
DC.�UAC��1 ',�
7-
Other NA
Originating Drpt: �
Eco. Development &
llser Dept.
,�
�"'(1 _.
ng
Attachments:
FY02-03 Program Amendment
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Fundinb Sourcc:
Ca�U�I Inqno�rmi•nt
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QpQ C i�t � I.i�iison
Cleanvater, Fl. 33750
t-72'��G1-2020
:iE)rli 24.2QQ3
dullet Points and question o� C.II,I.Y.S.
�r� Jc�O Cllc�i�.. ._ .li . J:1.�. . �
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1.) «'ho e��aluated property price for purcha.se at 13�3 and 1357 Park St.? ��'here are th��
appraisals and cump. sates'?
?.) Do nc�t reciuce �arki�i�; requirements. Cars {�ark all o�•er tlie titr��t no��, E>arkirig requirements
need to incmasc. Therc is not cnough ��u'kin�; no«•. «'hat �ire thc nc�«� E�arkin� rcyuircmcnts for
C.I-I.I.P.S.?
3.) Object to zero set backs in the front. Set back requirements shouicl not change, this «•ill
negatively impact surroundinB progertic;s.
4.) Did staff review zoning meeting from 199G and address concerns local pruperty otvners had
then? A.) What Chief Klein promised has not happened. The eaact opposite has happened. Have
all d�e concerns the board members had then been satisfied? Where is the data?
5J I-Iave crime statistics been compared since C.H.I.P, tind Soup Kitchen opened? �Vhere aze they?
The crime increase is a staggering and epidemic. Compare crirne stats for that grid, the old and
new C.R.A.
6.) What is the statistical success of C.I-i.I.P.S. center? How many failed and became homeless in
Cleanvater? What percentage of residents are tracked and for w�hat time and at whv cost per head?
7.) Why expand C.R.A. and allow homc(ess shelters and soup kitchens to expand in an area wc
arc tr}�in� to rcdc��clo�7 '
8.) �'�'}iy didn't Chief Klein explore combining C.Ii.I.P. center and soup kitchens w�ith �verybodys
Tabemacle and Morton Plant project in North Betty Lane or Salvation Army� project on Druid and
IIighland Thcre is room their to expand with a first class cafeteria.
�).) W}iat is the totnl projected cost tu the tax��a�•er 1 to :i years'? Capital and un going. is the
commission willing to take the same direction as wa.s given in 1993?
10.) What is the rcal impact of property valucs and busincss damages in the C.R.A. anci
downtown'? Where arc the numbcrs? What �irc comparable prc�pert� valucs in that Frid? tiow
many business have tailed since opening the C.Ii.I.P.S, centcr't
!�.i «�Fl�' fjl/�ll�l �ti!f� 3�� F��1' 1111n�t� tlf r��cjfjt'11�� (�t flf' �1?�•�II(�t'(� 1?1 fflt`I1' Cl�lf� '��;�n(1')
12.) Wherc is the stud�� that sho��s the nccd fc�r exE�ansion? I Ioa� rnany othcr communities and
agencics arc dumping t}�cir homclass in "Clcar�ti•atcrs" C.11.1.1', and Sc�up kit�hcn.s'?
13.) What effcct h�.s thc transportation gran� Cl�arw�ater has to transnc�rt hc�mclrss to i�thcr shcltcrs
in thc arca? Ilow� man�• ha�'c wc• transporlecl?
. ,�,�, �.,. ,. � ,
:'am C'` ce
9(1G S r'; H;�rnsnn
Cleanva;er. FL 33755
t •727-45t-2020
`����J G�:,:�� E3P.�� _ .... •
tJe.: ?o�t f;��n�y. t�i- � --.-
t-813•8�: .. •?
14.) Why does Chief Klein continue to duplicate services and wa.cte taxpayers money? Should the
city be in the homeless business or should non-profit, private, or rcligious groups take over as in
faith based organizations?
15.) �'�'h}� has crimc explodcd in this and thc downtow
n arca? �S�hcrc arc thc numbcrs'?
16.) Why da C.I-I.I.P.S. residence continue to walk on private propeR}• to and from the center?
Where is �he sidewalk interconncct to Cleveland St.?
17.) Why have I made over 40 police calis and had over 25 arrested in the past yeaz? Seven in one
night at 1343 Cleveland St. and 1411 Gulf to Bay, Some of these individuals said they were
former C.H.I.P.S. residents.
18.) Under original grant all users of Soup Kitchens are required to register,you then can not
sepazate the functions of the C.�i.1.P, center and Soup Kitchen. They must be considered as one
enuy as in a camFus setting. Where is the data to support? Homeless who have trespassed on area
properties are not banned from the Soup Kitchen, why?
19.) Why have large number of C.H.I.P. drop outs been trespassing in the area allowed to go to
the Soup Kitchen?
20.) Nave all the problems, questions, comments and concerns of staff, neighbors, propeny
owners, board members and hearing offices becn answered or satisfied?
A. Each re�ort from 1997 needs to be analyzed can:fully and accuratel}•. We now have six plus
ycars of statistics lo study.
7.1.) Other homeless agencies in close counues liave closed their homeless operations. Are we
going to become the "HOMELFSS MI:CA"? F3UII,D AND YEA SI-iALL COME!
Sincerely,
_ _ ��,
�= l �� - �_---�—
_ ._-�- -
------
`�� ('rilhcrt G. Jannclli, (�.D.
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Intcrest I'��i�its 12c�;;arciiii;; (`Illt' tilic�lt��• Prr��rac�� (����rii 1'�')'1 -\larrli 211C�►
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i'CSlijlil`: 111 1�1� ;11:°l:�'� �)1'��t!l�tl111.
}�OS111\'C (�lIiCO[ill'c: ?�.-�':-',� • T�It�I' ;li'.' i�liltiC C':iS�� I�1:11 ���l1'C illi fi!}C�i�l' it�i' !:::a�tli< i�:.li
��,•ill ri;h�r �»���•c� t�c��plc tl'Otll �l(;I11��. 1�c��T�ciceti �,r artii;ill� lincl�
ihcnt in stahlc I«�u�ii���,.
Com��letii�g I'ro�r:lill: 1=�.(i°•o -"I�hase cascs �� heT•c Ilil IIiCJI\�IiIll1l Illctl l}1C11'!;��f:l
t�lans and e��ter�:d stabic liousini su�h as aE�artnicnt�.
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KL•'�'T5ED
Clearwater City Commission
Agenda Cover Memorandum
SllB]ECT/RECOMMENDATION:
Worksession Item #J: �� �
Final Agenda Item �f I �
Meeting Date: 5/15/03
Approve concepts regarding travel reimbursement and direct staff to prepare ordinance and policy
including these concepts,
0 and that the appropriate officlals be author(zed to execute same.
SIJMMARY:
� City travel is currently governed by Section 2.321 — 2.332 of the City's Code ofi Ordinances. Section
2.325 refers to Florida Statutes 112.061(6) when it comes to determining the amounts to reimburse the
traveler for meals. These rates are $3 for breakfast, $6 for lunch, and $12 for dinner, for a totai of $21
per day. These rates have not been changed in 22 years and are not sufficient to reimburse the
traveler for expenses incurred.
� A State Auditor General (AGj opinion from 1974 stated that a municipality may, pursuant to the
Municipal Home Rule Powers Act, enact per diem and travel allowances that vary from Florida Statute
112.061. However, a 2003 AG opinion reverses that opinion and states that while a municipality may
legislate on the subject of per diem and subsistence allowances for governmental travelers, the rates
established by 112.061 may not be exceeded.
� There is legislation currently in process that should enable the City to prescribe it's own rates, however,
appropriate legislation must be passed prior to the City enacting it's own rates in excess of the rates
stated in Florida Statutes 112.061.
� Based upon surveys we have done over the iast couple of years, other City's have been using a variety
of inethods to reimburse travels.
o Pay actual expenses 7%
o Use State amounts 27%
o Use Travel lndex 33%
o Other rate by City 33%
� For City's that chose their own rate, the daily rates ranged from a low of $34 to a high of $46. The
state rate is $21 per day.
Reviswed by• Originating Dept.: M Simmons Costs
Legal � Ir�fo Srvc NA f(nance Total
Budgei � Pu�lic Works NA User Dept.: Funding Source:
Purchasing NA DCM/ACM Current FY CI
R�sk Mgmt NA Other Attachments OP
Other
Submitted by: -� , � ,
City Manager �,� ❑ None A ro riation Code:
Prinfed on recycled paper
� We are currently allowing the traveler to add 15% tip to each of the meal amounts which allows for
reimbursement of $3.45 for breakfast, $6.90 for lunch and $13.80 for dinner. In addition, the traveler
may request reimbursement for reasonable tips for baggage carriers and hotel maids.
� Staff recommends that if given permission through legislation, that the City enact new rates as those
issued and updated by the General Services Administration (GSA) which are the rates used by federal
government travelers. These rates are location specific, and are updated annually. Another index that
is sometimes used is Runzheimers, however, a subscription to that service is required and the GSA
rates are free and readily available on the Internet.
� The GSA rates for meals and incidental expenses (M&IE) are meant to include meals, taxes, and tips
for meals, baggage carriers, hotel maids, etc. Following are the rate amounts and breakdown for
breakfast, lunch, dinner, and incidentals.
M8�IE $30 $34 $38 $42 $46 $50
Breakfast 6 7 8 9 9 10
Lunch 6 7 8 9 11 12
Dinner 16 18 20 22 24 26
Incidentals 2 2 2 2 2 2
City example Unlisted Amarillo, Salt Lake Atlanta, Denver, New York,
Cities Tacoma, City, Raleigh, Hilton San Francisco,
Cody, Coco Columbia, Head, Philadelphia,
Bradenton, Beach, Daytona Dallas, Washington, DC
Pensacola Tallahassee Beach Orlando
� We would continue to reimburse the actual expense for lodging, transportation, tolls, parking and
business related communications.
� We would like to add the ability to pay up to $2.50 per nigrt for telephone calls home.
� The traveler would continue to be responsible to only incur those expenses that are necessary for the
performance of the official business. Excess costs would be the responsibility of the traveler.
� Mileage is currently paid at the IRS rate (currently �.36/mile), and we would continue to use that rate
which is adjusted annually.
�d�.
,,��� •
���
9�t
Cleat-���ater City Commission
Agenda Cover Memoc•and�►i7�
Worksession Ilem #:
Final Agenda Ifem #
Meeting Date:
—!_L1 �- —
�a
5/15/03
SUBJECTIRECOMMENDATION: Approve Agreement between the School Board of Pinellas County and
the City of Clearwater for a term from June 11, 2003 through June 10, 2004 fo� the City to utilize Pinellas
County School buses at a cost of $.90 per mile plus $18,20 per hour, for a total estimated cost of $30,000,
� and that the ap�roariate officials be authorized to execute same.
SUMMARY:
• The Recreation Programming Division of the Parks and Recreation Department organizes field trips
requiring bus transportation for participants.
� The Pinellas County School System allows municipalities to utilize their fleet of buses and drivers for $.90
per mile plus $18.20 per hour for driver with a four-hour booking minimum.
• During the summer of 2003, the Recreation Division will orga�ize approximately 100 field t�ips that could
utilize 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 pa�ticipants.
� The attached Agreement is similar to Agreements between the Pinellas County School Board and other
Pinellas County municipalities that utilize school bus transportation.
• The Recreation Programming Division's Operating Budget contains sufficient funds to cover the costs
associated with this Agreement.
Revlewed by��
Legal ( �'��j
�l�
Budgel �
Purchasing �
Risk t�Igmt �
Info Srvc N�A
Public Works N!A
DCMlACM ,= '�--
Other �
Submittod by:
City Manager �
Printed on recycled paper
2l98
Originating Dept:
Parks 8 Recreation Dept.
Kevin Dunbar, Dlrector V�/r
User Dept. � //,,
Parks & Recreation
Attachments:
❑ None
Costs
Tolal not to exceed
S30,000 Funding Source:
Current FY not to excesd CI
_ 530,000 ____ OP
Other
Code: None
�.ia
VEHICLE USE AGREEMENT
This agreement, entered into this 13`h Day of May, 2003 by and between the SCHOOL BOARD
OF PINELLAS COUNTY, FLORIDA, hereinafter referred to as the "School Board," and the City of
Clearwater, a Florida municipality, hereinafter referred to as "Clcarwater". The parties agree as follows:
l. That the School Board will provide shuttle bus transportation for the month(s) of June 2003 — May 2004,
for the purpose of transporting school-age children, with chaperones, ���ho participate in Clearwater
programs.
2. That transportation is for the sole purpose of transporting school-age childreii, wit}� chaperones, who
participate in the above programs to and from various locations in Pinellas and adjacent counties.
3. That the bus or buses �vill be operated by an employee of the School Board, �vho 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 sc}�ool transportation. The School Board shall be the final authority as to the
availability of buses.
4. That Clearwater shall pay to the School Board, for the use of said school bus service, a sum, per bus of
$18.20 per hour to include 15 minutes before and 15 minutes aRer trip charge; plus .90 per mile for all
trips, with a minimum charge of four hours.
5. That pursuant to t}�e provisions of section 1006.261 (2) (a), Florida Statutes, Clearwater shall, to the
extent of ti�e Florida stat�ite 768.28, and in accordance ���ith Florida Statute 1006.261(2)(b), indemnify
and hold harmless the School Board by virlue of the use of school buses as heretofore agreed upon. Said
indemnification shall include but not be limited to any loss which the School Board may suffer as a result
of any claim, action, or lawsuit which may be brought against the School Board by any person or persons,
corporations, partnerships or other legal entities and shall include, in addition to any sums paid to the
claimant, any reasonable attorney's fees, litigation costs or other charges sustained by the School Board
as direct result of any such claim or claims.
It is further understood and agreed that the obligation and duty of indemnification shall be enforceable by
the School Board, notwithstanding the fact that any claim or claims may be resolved by mutual agreement
between the School Board and any insurance company, trust or other business entity providing insurance
coverage to the School Board, and the person or persons making said claim or claims provided that the
School Board shall not settle any such claims without the consent of Clearwater, and its applicable
insurance carrier, which consent shall not be unreasonably withheld.
Furiher, it is agreed that indemnification shall include, in addition to any sums paid to the claimant,
reasonable attorney fees, litigation costs, or other charges sustained by the School Board as a direct result
of negligence or intentional conduct of Clearwater, its agents, servants, employees, or guests.
Clearwater's obligation to indemnify and set forth in this paragraph shall pertain only to Clearwater's
obligation to indemnify the School Board for issues of third-�art}� liability and shall not obligate
Clearwater to pay or reimburse the School Board i'or damage to the School Board's property whether the
properiy is covered by insurance or is self-insured by the School Boa1•d. This section shall not be
construed as waiving any defenses or limitation that Clearwater may have against any claim or cause of
action by any person not a party to this agreement.
Vehicle Use Agreement
Clearwater
Page 2
'�u�,,��� �
That Clearwater shall provide to the School Board a let�er of self-insurance or self-funding with respect
to all applicable liability insurance required by section 23AY?-��t(2)(b) Florida Statutes, together with a
certificate of insurance or a policy declaration page sho�ving any additional applicable liability insurance
maintained by Clearwater.
IN WITNESS WHEREOF, the parties have executed this agreement at Largo, Pinellas County, Florida, the
date first above written.
ATTEST:
Vua•03
THE SCHOOL BOARD OF
PINELLAS COUNTY, FLORIDA
�
Chairman
SUPERINTENDENT
,G�� ���
APPROVED AS TO FORM
Municipality: City of Clearwater
By:
(see signature sheet)
S�`�
�, ;
_., Q
�� �
99y"�ITEIi.F��
SUBJECT/RECOMMENDATION:
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Final Agenda Item #
P (� �
13
,�leeting Date: �j– ��j -Q�
ApE�rove a donation to Clearwater Homeless Intervention Project, Inc. (CHIP) for funding of operations
in the amount of $100,000.00,
� and that the appropriate officiils be authorited to execute same.
SUMMARY:
• Tfie Clearwater Homeless Intervention Project Shelter opened In April 1998, and since tliat date has
provided a safe overnight facility for homeless persons and essential support services to help individuals
and families begin to improve their lives.
• The City of Clearwater donated tlie first $100,000 to CHIP in January 1998 and, at this time, the police
department is requesting that the City continue their contribution to the shelter for operational funds which
are still needed and are essential to CHIP's successfu) operation.
Funding for this donation in the amount of $100,000.00 is available in the Special Program project 18�1-
99938, Homeless Shelter.
Reviewed by: Originating Dept: Costs
Legal C( Info Srvc N�A Police �,,.;�f �.t..,� Total 510�,000
Budget �� Public Works Prepared by: Sherry Nunt Funding Source:
Purchasin f— T'
g 1Q/A DCM/ACM User Dept. �/�� urrent FY S10o,o0o CI
Risk Mgmt N/A Other N Police / �p
Attachments Othcr
Submitted by:
City M�nager �;� O X None
y,y�� Approprialion Code: ltlt•99938-SN2000-529-000
Rev. 04/03
St. Matthc�ti�'s I lousc ��ast hall��v�iy �u�ii�t in SiM ilu�d-raisin� c�lIllO111�11
�
`�. �� Site sections... �- Front pac�c � Cla,�ifi�yil i`.��Shr�{�L',���'���.
` �j\
� Naples � 1'�i��l��.; ±l�cilij 1'riu�;
�, .
�� � � A Naples fronl ( Naplcs archivc � hclp
` -�..� -� -��.f _ � ��,v
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>>���� 1 of 5
�:�'� �' r,-:�=:T'���';,'��-: �-�����:.�Y,
, . � .� : .���-
St. Matthew's House past
halfway point in $5M fund-
raising campaign
Fnday, tJovember fi, 2007.
13y l�l'!. FRI:I:MAN, cpfrccman�)na�ilcsnc����.com
St. I��tatthcw's 1-lousc is half�v.iy thcrc but is hopin�, lor more COI]1111Uillt}�
support to achicvc its �;oal.
/A :�> I111II1011 �UI1C�-I'11SII1� CI1111�?Iii�;t� h�� thc charitablc c�r�anizlUOl1 i�131
runs a horncicss sheltcr anc! soup kitchcn in l:ast Naplc� has brc�u�ht in
$2.G million so iar.
A crucill dcadlinc arrivcs l�cc. 1 for St. Matthcw�S l0 Ilillti}I I'�11SIIlf�
$500,000 to bc considcrcd ior a challcngc �rant from thc I�res�;c
i�O1111C�111Ot1 O�-�111 CC�l1�I 11110Ut11, said thc IZc��. i�9ichQC� C(lI(II1S, dircctoi•
ol C�CVCIO�II1C11I �O1' Si. I��tatthcw'� l lousc.
So far, $250,000 of thc total nccdcd has hccn
raiscd durin� thc founclalion's li�nd-raisin�
schcdulc I�COIII IIl1CI-Mav t� 1)cc. 1, hc sai�l.
I��loncy raiscd bcforc May cannot bc uscd
to�ti-ard thc local match.
:��r:� t;l.���c'I�:
To make a tontribution,
contact St. �datthe�v's
House at ?�4-0500.
Donations are tax-
dcauccib�,r.
'I�hc purposc c�l�thc cntirc c��m��ai�;n iti to ��ay
for construction of lhc «�olic A��artmcnts, a 4G-unit cumi�lex c�fi' 1 Cth
1'lacc Southwcst and S�u�shinc 13uulcvar�i in c:,oldcn Gatc that �vill scr��e
as transitional housin� for rccciit "�raduatcs" c�f thc tihcltcr's homclr,s
rccovcry pro�;ram. Constructic�ii startcci in January ancl iti tar�ctccl liir
complction ncxt summcr.
"�'�'c could havc filicd thcm ti�cstcrcla��. t���icc." C��llin� sai� ��f thc
a�rirtmcnts. 'I'hcrc �vill hc 3(l ��i�c-hccirc�c�m a�,artmcnts �i►��i 1 G t�v��-
hcciroom a��artmcnts.
"��'c h�i�•c 152 a����licatic�ns alrca�l��." h� saici. ��idin� that �, \iatthc��•'s
�1:15I1�1 c'i'CI1 til'.11'i�(� Fl(i\'C1"11ti111L �l)1' 11CCL1�1.lillS.
-,� Q • .
� � , �
IF YOU ORN DRIVE IT,
YOU QRN FIND IT HERE
►::TQ P: _J_Q.B.�: �
NHP�ES BOtIITA � t1riRC0
Employment ads
from The Napies
Daily News
St. 1��iatthc�t�'s 1-Iousc past half���a�� point in 5���1 Iitnd-raising cam�ais�n I'a�c � of �
t� t�omcicss count conductcd durin� a 3G-hou►• I�criod in l�cl�ruary �(lllllC�
60S ho►nelcss mcn. ��'011ll`Il ZIl(� C}11ICI1'(',Il. accc�rdin�; to thc Collicr
Cotully I-lun�cr .ind 1-lo�»cicss Coalition, A brc�ikdo��•n is 337 homcicss
lil i�1C �PC1lC1' Niljl�Cti I'C�(c)11 �inci 27l lu,nicicss individuals in
Immokalcc.
St. I��talthcw's homelcss sh�lter assists about 2,500 i�eo��le cach ycar.
��CSIC�C[li5 Il.ivc strict rulc5 thc�• must li��c hy, such as payin� rent,
aliCIldlllf�; COUI15CIlI1f�, IIOIC�1ll�.CIO\Yll �i joli �nd o��cnin� .i sa��i��s�s
account. Thc focus is tc� �raduatc and movc; an t« indc{�cndcnt livin�.
J IlC ���OIfC 1j)11I'i111CillS arc intendcd as transitional housin� f or shcltcr
graduates. 1'he comple� is ►�aj»ed af'ter h�}' �'Volfc, a Na��feti r�sident
�ti�ho donatcd thc tour-acre sitc in Goldcn Gatc 1'ar thc co»>plcx.
`l�he Kres�;c l�ouncfation, hc�iciquartcrcci in "I�roy, I��1ich., ��rovici�s �rants
lo charitablc or�anizations "to promotc thc wcll-bcin� of�mankind."
I�ounded in 1924 hy thc louncicr of S.S. Kresgc Co., \\'I11C�1 Iatcr bccamc
kno�vn as Kmart Corj�., tllc f'oundation is iizdependent and not affi{iatcci
�vith Kmart or any othcr corporation.
"Kresge is a vcr}� prc5ti�ious �rai�t," Coilins S,iid. "It sh�uld hclp t�s, ii'
wc rcccivc it, it should hcl�� us �ct othcr �ranls."
At thc samc timc, sup�ortcrs of St. Malthcw's l lousc arc rcachint; oul to
the business commtu�ity in hopes of helping. '1'hc business phnse of the
cam��ai�n �vas l��unchccl in carl�• Octobcr.
"1��l�li 1S t11C I�l� Ol1SIl tnC ltS Il0\�',�� he said. "��1�C Il�i\�C COililClCd �OO �irca
busincssc�."
l�ran I-Iaas, vicc }�rctiidcnt �ind branch mana�cr c�f Reptibiic 13ank o�l
l�ifth Avcnuc South, is hcl}�in� to makc contacts ���ith thc busincss
C011lllllliil�)'. S11C�5 IOCl1S1114; l)i} I171i�1i��' C7��5 10 lI1C�1\'1C�U��S lll i�l�- t�c�lli�lll�
industry. I-laving at�iord:ll)IC �1011Sllli? fQf C[11�)IOyc.cs is critical tor }ob
providcrs, shc said
""1'hc kc}' lactor is all of u� �vho arc employcr5 rcly hca��ily on
lI1C�lV1CIUilIS l�'I70 C�lll IIVC 111 IIIC COIIlI11U1111Y �IIIC� 1�1C11 Ii'1115j)Ot'I
thcrosclvcs back anci C�rth (to �tirork)." shc saicl. "Our intcrest as
cmplo}'crs is havin� ai�iordablc housin� 1�r pc���lc �t•ha livc hcrc."
'1'� make a canlribt�tion, cont�ict St. Matthc�v's f I��usc at 77�1-0500.
l�c�nations �u�e t�i�-cicdt�ctiblc.
� r-mail this Story to a fricnd.
� f-orm�t this story for pnnting.
�
Martin L.. Altner
,.���,►���.�.�.r.•,►�
212 wswr Viuw Court • Safaty Harbor, Fi. 34t{96 • Tol6pnone 727-79�9573 • Fax 7Z7-796-7092
� � � �/l.�-lliY�vll-�-duv�
% � /
"Vy�
�
�3
City c>f Cleanvater '�`'"''�`'� �� �-Sa�• 14, 2003 r� ��, ;.;
City ]-ia.11
Clearwater, Florida
Attention• City Convnissioners
. ��, . �� \
��, �'>>� S Tp.
�:�f�i' 5���
c��9ir f'�f` r. � Z�o3
, ,qr�,`s,
It hz:s come to my atternion tl�at tiie City Curiunissi�n �vill be voting on a pro�to
suppc�rt a grant for the con[inued functionin� and et-pansion of the C.H.I.P.S. facil�ty otl
Park ;�t.
The continuation of the C.H.I.P.S. facilit}• must be questioiied fior a tiumber of rcasons.
Fust ��f all, the founding of the �acility was passed by th� City Commission in 1996 by a
4-3 v�>tc and was accepted, patt)y, basecl un testimony fibm Ch3ef Klein that "if tl�e
situat �on does not tum around and the crime rate does nut decrease the shelter ... ean be
closeci." Statistics clearly show that ttie crime rate in the area has not decreased in
propertion to what had been anticipatcd, co��zpared, fiar exarnple, to the Grrc;n.v�od area
when a police substation was placed there.
The decision w-as, also, based on conditi�n� that have not been met:
1. "A��proval shall be fnr a trial period ofthrce years (froni l 1-US-y6), after which a new
condi�:ional use permit review �vill be required for the residential shelter use."
2. "Ei�orts shall be made on the part of tt►� CHIP organization to contact specifieci
neighl�orhood representatives to coordinate and communicate issues and informat;on on a
regul�u basis."
The facility i� in violazion of both of these conditions.
Nso, the housing of homeless in this arca is questior�ble as tu �pprc�priatetiess. As a
property owner with multiple apartment buildings in this area [ l:.nuw tirsthand that the
crime: littering, loitering etc., that currently occurs in this de��se residential area is extreme.
1 am constantly on the lookout t�or intrusions into my property at 1338 Pie,�rce St., for
exam�le, where homeless occupants of the shelter �vho are breakir� curfew have
repeatedly used the fenced backyard to gain access to the C�-IIPS racility undetected. Prior
to my fencing thc side accesses, I would find people sleepu�g in tl�e back of my propetty
repcatedly, despite clearly rnarkNd `�o trespassing" signs.
Mar�1 Gephardt at the St. Vincent DePaul soup kitchen has had tv fence off the side
stoop on thc property adjoinin� mine to the North (no address on the door or mailbc�x),
where homeless found that stoop especially temptuig as an area to congregate, eat, drink,
and le,ive litter, inciuding multiple beer containers and used prophylactics. Tt is a sad
commentary on our problems with the homeless that even a stoop must be fenced offin
order co avoid constant trespassing and littcring.
Franlcly, why this area for services to the homeless? 1 understand the need for such
serviccs and am not abainst thc #'unding t�iat a portion of my tax dollar provides ui order to
support those scrvices. Two "graduates" of the shelter have been residents in one of my
buildir�gs for four years.
How,:ver, this area is hibhly dense with a larae percentage of youno children, many aF
them of ti�texican heritage. Is it possiblc th�it, because this �v-�:a tetids cc� attract a mit:ture of
�
�
Ma�-tin L. Altner
��d�����•�����,►���
212 Wuler Ylm�r Court • 3afoty Harbpr, F�. 14G95 • Telephono 727-79G-9573 • Fnx 727-7U9-7092
p.2 of 2
the C�ty that this area is lcss powerful politically than mo,re appropriate sitcs? An we
trying to educate our netivest irrunigrants as to haw• ta '`�vork" the welfare system as
oppo:�ed to work a job? I, for e�ample. insist that my tenants and their guests place litter in
proper receptacics. Do you thiiik it sets a�ood exnmple when tt�y view transients
treatv� our streets like a garbage can? I hope not and don't wish to impugn anyone's
motives, but maintauting this facility in the ;ate�vay to our downtown is, sin�ply
inapp ropriat�.
The CHTPS and St. Vincent' iacilities botn no longer belong here. They c�nstrain and set
back ?roperty values and, more important, attract a clientele, often from out of state, that
has cl�ments amon� it that can be a danger to the neighborin�; residents, especially the
children, Those facilities should be nioved. Build a ne�v homeless facility and soup kitchen
in an .3rea, for e��mple, like the industrial area o�F•Iercules, where residents and
residential property owners wi11 not be subjected to probtems and da�ers, and the
homeless �vill have an opportunity to secure jobs.
As a humane sc�ciety, we are obliged to help those less ,fortunate. However, proximity tc�
downtown should not be a priority. Or, as an alternative, �lace these facilities next to City
Hall, •where a constant civil administrative and police presence will cot�strain ne�ative
activi�:y.
T}��c you for your time and attention. -� --
. `�--.
/�
Martin �ltner
r =C~1
F=:: N0. � Oct. 02 2202 1�:3E='1 P1
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-���•� �r
S�~� r 4`'orksession Item #: �W �
�" � Clearwater City Commission
a �
y`= � Final Agenda Item #
qy,�T���. Agenda Co��e►• Nlemoi'Zi"Id11111
Meeting Date: 5/15/03
SUBJ ECT/RECOMMENDATION:
Award a contract to The Bobcat Company of West Fargo, ND, for the purchase of one New 328D
Mini Excavator, at a cost of $24,626, in accordance with section 2.564(1)(d), Code of Ordinances —
DLA Federal Contract # SP0500-01-D-0086, and authorize lease purchase under the City's Master
Lease Purchase agreement,
� and that the appropriate officials be authorized to execute same.
SUMMARY:
• This equipment is needed to excavate sewer lines in hard-to-reach areas such as rear property
easements and limited rights-of-way.
• Bobcat Company of West Fargo, ND, has the federal contract under which the purchase shall be
made.
• A mid-year budget amendment will establish a new lease purchase project for the acquisition of
the track hoe. The lease purchase debt service will be funded through other debt service savings
within the'r�Jastewater Collection System operating budget of the Water and Sewer Utility Fund.
Revfewed by:� O�iginating Dept: Costs
Legal �i-fb,-c Info Srvc NIA Public Utilltios (Nof� }.� Total $24, 626,00
Budget f,�� Public Works �� User Dept.; Public Utlllties
Funding
Source:
Purchasing � DCM/ACM Current FY $24,626.00 CI X
�
Risk Mgmt NIA Other Attachments OP
��r�G S � o�ne�
Submltted by: Appropriatlon Code:
City Manager � None
��315-96XXX-591000-581-000 (acquisition)
� 421-01346-571300-582-000 (principal)
421-01346-572300•535-000 Intorest
Printed on recycled paper Purchase of Track Hoe—Bobcat oi Fargo, ND Rev. 2198
„�'`�' .
9�_ o
9�'�TEI�-`�'�
Clearwater City Co►nmissioi�
nSenda Cover M�morandum
Work session Item #:
Final Agenda Item #
Meeting Date:
(?w �Z
��
5/ 15/03
SUBJECT/RECOMMENDATION: Establish a Capit:il Imprc►vcment Prn�;nim (('ll') prujcrt for (3io-S�lids
Treatment, to hc fundccl tht�u�h bud�;et savings in othcr projcrts and apprnve thc Panons Enginccring
Scicncc Work Ordcr fi�r Prcliminar�� 1?n�inccrin�; Scrviccs in thc amount of !�lll1,297,
� and that the
SUMMARY:
officials be authorized to execute same.
This project provides for the upgrade of the digesters and associated equipment at the Marshall Street and
Northeast (NE) Advanced Wastewater Treatment Plants (AWTPs). The digesters are vessels that contain
microbes that "digest” solids wasted from the plants. This need exists because (1) the city will benefit from
additional "digestion" of solids wasted from the plants economically, (2) since more solids are generated
eariy in the plant processes in an effort to control copper, the digestion process needs to be improved to
continue accomplishing this requirement (current regulations are now being met for this requirement) and
(3) anticipated changes in land application of bio-solids being considered by FDEP (62-640 FAC) will require
improved treatment of bio-solids for land application.
The fundamental economics of solids handling at the AWTPs is reducing the amount of solids transported
by truck by more microbial digestion of the solids.
This project is estimated to cast $4.508 million for both AWTPs. Since this project was not considered in
the last rate study, it will be funded from savings from other projects already completed and reimbursements
from the City of Safety Harbor for the NE Improvements project. Mid-year amendments will transfer the
budget and revenues from these projects to fund the Bio-Solids Treatment project:
FY02/03
343-96658 Northeast Improvements (bond) $ 2,408,000
315-96662 Digester Cleaning (sewer revenue) 450,000 (close 315-96662)
343-96672 NE Carousel (bond) 315,600 (close 343-96672)
315-96680 NE Influent Screening Compactor (sewer rev) 95,320 (close 315-96680)
343-96683 WPC Master Plan II (bond) 960,000
TOTAL $ 4,228,920
The balance of $279,080 will be transferred by budget amendment in FY2004 as reimbursements are
received from Safety Harbor for their share of costs for the Northeast Improvements project.
• Per the Inte�local Agreement, the City of Safety Harbor's share of the capital costs associated with the NE
AWTP digester improvements is estimated at $497,000 (4/18.5s of the NE costs of $2.3M).
• The Preliminary Design will include altematives for improvements to the digesters and refine work proposed
under the final design. The portion of the cost of this Work Assignment for the Preliminary Design is
$101,297.00. Parsons Engineering Science is an Engineer of Record.
• A copy of the woric order is available for review in the Official Records and Legislative Services office.
Revlewed by
Legal ��, Info Srvc NA
Budget ,,j �.=`' Public Works v
Purchasing NA DCM/ACM r' ,,
Risk Mgmt NA Other A
Submltted by: -� . �
City Manager �''5���
Printed on recycled papor
Originating Dept: I Coats:
Public Util(J. Milllgan) f�1 Total
User Dept.
�
Attachments
� NONE
Current FY
E101,297.00
Appropriation Code:
343-96611-561300-535-000
Bio-Solids Treatment 8 Parsons Wrk Ordr Aprf103.doc
� �l
�k y
Funding Sourco:
CI X
OP
Othor
Rov. 2/98
SEAI�.�,
� jj . . Wpr�session It��ii� tt �L �
���" ¢ Clea����ater Cit�� Coi��mission (/'
y ""` Q Finai r+q��r�d,f It��i�i 1t �`i�
��'�1TE0..`'�'� ��'����l�i Cu��c.°r Men�or�li1Cllli11 ---
�A�•�.��„�, r�,���� ._�l1�/03
SUBJECT/RECOMMENDATION:
Award a contract to American Water Services Underground Infrastructure, Inc. in tlie amount of
$533,030.52 for sanitary sewer line rehabilitation at various locations throuyf�out tlie City of
Clearwater, using the City of Largo Agreement For Sanitary Sewer and Stormwat�r Inversian Lining
Contract dated October 1, 2002 in accordance with Section 2.564(1)(d), Code of Ordin�,nces,
0 and that the appropriate officials be authorized to execute same.
SUMMARY:
• For the 2003 Sanitary Sewer Rehabilitation Project (03-0008-UT), the City has determined that
�533,030.52 wiil be necessary to rehabiiitate existing sanitary sewer lines over the next year. Our
goal is to maintain the sanitary sewer system as practical and necessary and to minim+ze disruption
in service to our citizens.
• The City of Largo awarded a contract to American Water Services Underground Infrastructure, Inc„
on October 1, 2002, through a competitive bid process, and with a time frame ending Septeri�ber
30, 2003.
• American Water Services Underground Infrastructure, Inc., has agreed to perform th�tic� services
based on the established unit prices quoted in the City of Largo's contract.
• American's unit prices are based in part upon Pinellas County's Rates far ('oc�il�l�a W�ter.
Clearwater w�ll honor the rates as stipulated in the Largo Agreement, resulting in :.� Ic��;s �( w�t4r
revenue estimated to be $1,730.52. This cost is based on the 500,000 galloi�s r�x�7«c�lr,ci tc7 !ao
used during execution of the contract work and is included in the Contract amount.
• Island Estates and the northwest quadrant of the Clean,vater mainland will be kho �riority r�ii�ri far
this effort. It is anticipated that 18,000 feet of sanitary se�ver pipe will be lined.
• Reso{ution 02-23 was passed on November 21, 2002, establishing the City's Illt8fl� lQ I l:)II11I)lll SC)
certain project costs incurred with future tax-exempt financing. The prajects idenlifieti will� : Clt��l
revenue bonds as a funding source were included in the project list associated with fZ�solulioii U?-
23.
• Sufficient budget for interim financing or funding with 2004 Water and Sewer Revenu� E3ond
proceeds when issued is available in project 356-96694, Manhole and Gravity Line Re�air
• A copy of the contract is available for review in the Office of Official Records and Legislative Services.
Reviewed b r�' "
�egaf ��/�f�`„� �nfo Srvc N/A
Budget `"'---��""�`�f Pubtic �
Works �
Purchasing DCM/ACM
Risk Mgmt N�A Other t A
Submitted by: �
City Manager
Originating Dept: ,.�'�'v
Public Works (R. Fahey)
User Dept.: Public Wor
���'
Attachments
O None
Costs:
Tota I 5533, 030. 52
Fundinc�
Sourcc:
Current FY S533,030.52
Appropriation Code:
356-96694-563800-535-000
Printed on recycled pa{>er 2003 Sanitary Sewer Line Rehabilitation (American Water Services, Inc.�
CI X
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� �ityof Largo, Florida
Post Of�ice Box 296, Largo, Florida 33779-0296
Office of Management and Budget
September 4, 2002
Azurix North America Underground Inirastructure, Inc.
Mr. Michaei Cannon
109 Applewood D�ive
�ongwood, FL 32750 �
RE: 81D # 02-8-871 SANITARY SEWER AND STORMWATER INVERSION LINING
Dear Mr. Cannon;
� • ��
(72� 587-6727
FAX (72� 586-7420
The City of Largo is pleased to announce the award of the above referenced BID to Azurix North America,
Insituform Technologies and Lanzo Lining Company. A Purchase Order for your portion of the project is
enclosed.
The City oi Largo wishes to extend its appreciation to you for taking an interest in the City and in the
bidding process,
If you have any questions conceming this BID, please contact the Office of Management and Budget at
(727) 587-6727.
Piease �eterence ihe "BID NAME" and "NUMBER" above on any and ail correspondence to the City.
S(ncerely,
THE CITY OF LARGO
�pGM. L�%G2a'�1
l/
Joan Wheaton
Office of Management and Budget
Jw/dw
Enclosure
v .:�.
� �- ;�!� �, CITY OF LARGO, FLORIDA
�� � d BLANKET PURCHASE ORDER
t�■■�.�.■�� B 169�
ISSUED BY
The City oi Largo
Office of Management and Budget
(727) 58�-6727
Buyer. Joan 1Nheaton
DEL{VERY ADDRESS
BILLING ADDRESS
City oi Largo
Finance Divis(on
Accounts Payable
PO Box 296
Largo, FL 33779-0296
Efiective Date 10/01/02 Vendor Number 15582
Expiration Date 09/30/03 Vendor Contact
Comrnission App. 09/03/02 Vendor Phone 407-260-9778
Dept. Ordering PW/Enaineecing Quote Method
V �
E
N Azur'oc
109 Applewood Drive
D Longwood, FL 32650-9668
O
,R �
�UANTITY I UNIT
Bid�Q2-B-871
DESCRIPTION
Sanitary Sewer and Stocmwater Inversion Lining
In accordance with terms and conditions contained in
Bid #02-&871
�
_____I
VENDOR INSTAUCTIONS
1. Purchases may not exceed the total amount at this order withotst prior approval by the
Ottice of Management and Budget.
2. The City of Largo wiq not be responsble for goods delivered wfthout the BPO number.
3. Invoicing: Send original and one copy to the 6iifing Address listed above.
4. In unable to fiil at pr(ce shovm, PLEASE ADVISE BEFOFiE SHIPPING.
5. Partta) shipments are accepted.
IMPORTANT
The 8P0 Number listed
above must appear on all
Invoices, pkgs., packing
slips, bills of lading and
any correspondence.
VENDOR NOTICE
This Blanket Purchase Order should
not be tilled upon receipt. 7his order
serves to establish future requirements.
All purchases against this order must
be in accordanca with its terms and
condftions. Any indivldual o�de�ing
must present a valid City I.D. card and
must sign the delivery copy indicating
receipt. All purchases must be
documented in writing, unless other-
wise indicated or agreed upon. Please
contact the buyer listed above 'rf you
hava any questions.
State Sales Tax Exemptton
Certiftcate No.: 62-08-134901-54C
UN�T COST I TOTAL
TOTAL (Net) $ _
CITY OF LARGO
�l�'�
A stant City Mgr. or Designee
�
�O 190SF�
� ;� �
'...� �� ii ■�/� �
ri
City of Largo, Florida
' Post Office Boz 296, Largo, Florida 33779-0296 �
Office of Management & Budget . Admin(stratiart (727) 587-6727
FAX (727) 586-7420
CtTY COMMiSS10N
LARGO, FLORIDA
INVITATION FOR 81D
Bid #: 02-B-871
Date: JULY 19, 2002
Competitive sealed bids will be accepted by the City of Largo Office of Management and Budget,�Largo City
Hall, Post Office Box 296, (201 Highland Avenue, 33770), La�go, Florida, 33779-0296, until
3:00 p.m., loca! time
THURSDaY� AUGUST 22, 2002
at which time aU aKis received shall be publicly opened and read aloud 'n the Office of Management Budget,
Largo City Hall, �fo� � ..
SANtTARY SEWER AND STORMWATER INVERStON LINING
Bids must conform to the Specif'�cations and Instructions to Bidders. Any deviation from the spec'rfications
must be shown.
The City reserves the right to �eject any or a!I bids received, to waive any iRegutarities or inioRnalities. If
you are interested in bidd'mg, please complete the Invitation for Bid Form(s) and retum to this office by the
date indicated. Non-conformance with these instructions is grounds tor rejection of bid. Late Bids will be
rejected.
Cluestions of a technical nature should be directed to Michael J. StaKopolous, City Enginee�, at 727-587-
6713.
Duestions conceming this 8id should be directed to Joan Wheaton, Office oi Management and Budget at
(72� 587-6727. •
BY ORDER OF CITY COMMISSION
LARGO� FLORIDA
C.t� �StQV
J Wheaton, Buyer
Office of Management b 8udget
Please indicate Bid number and
"Sealed Bid' on your response.
i
INSTRUCTIONS TO BIDDERS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14,
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
CITY OF LARGO, FLORIDA
INDEX
Scope..............................................:..........1
Definitions ..........................................................1
Preparation of Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Submission and Receipt of Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Acceptance of Offer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Clarification and Addenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Firm Prices ........................................................3
Estimated Quantities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
F.O.B. Largo, Florida . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Discounts..........................................................3
Award.........................................................3
BrandNames .......................................................4
Variations of Spec'rfications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Material Quality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Acceptance of Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Timely Delivery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Price Changes Re: Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
City Indemn'rfication Re: Patent � Copyright . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Conflic�t of Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Public Entity Crime ...................................................5
Opfions.........................................................5
Subcontracting .......................................... ...........6
Taxes.........................................................6
Failure to Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Additional Information Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Manufacturer's CertHication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
DefauftofContract ....................................................6
Modification for Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Orde�orP�ecedence ..................................................6
Examination of Records . . . . . . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Occupational Heafth and Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Safety Clause .......................................................7
Qual'rfications of Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Disqual'rfication of Bidders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Licensesand Permits ..................................................8
Vendor Site Inspection and Evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Request tor Iniormation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
Provisions for Other Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
SPECIAL CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
APPENDICES
Reterence IntoRnation
Statement of No Bid
Insurance Requirements
Summary of Wcrk
Generai Co�ditions
Schedule ot Bid P�ices
Technical Specificatio�s
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C(TY OF LARGO, FLORIDA
INSTRUCTIONS TO BIDDERS
1. Sc_ OpA
TYie instrvctions to bidders and general conditions described herein apply to transactions on material,
supplies or services w�th an estimated aggregate cost oi $10,000 or more.
2. Definitions (as used herein)
a. The tenn 'Invitation For Bid" means a solicitation of formal sealed bids. The acronym "IFB"
means Invitation For Bid.
b. The term "bid" means the offer as a price by the bidder.
The teRn 'bidder' means the offerer.
d. The term "Change Order' means a written order signed by the Assistant City Manager or
authorized representative directing the vendor to make changes to a contract or purchase order
resulting irorn the IFB.
e. The term 'City' means the City of Largo, Florida.
The teRn 'City Commission" means the goveming body of the City of Largo.
3. Preparation of Bids
a. Bidders are expected to examine the specitications, drawings, and all special and general
conditions. No plea of ignorance by the bidder of conditions that exist or that may hereafter exist
as a resuit of failure or omission on the part of the bidder to make the necessary examinations
and investigations, or tailure to tulfill in every detail the requirements of the contract document,
will be accepted as a basis for varying the requirements of the City or the compensation to the
vendor.
b. 'Tiie apparent silence of any supplemental speciiications as to any details or the omission from
it of a detailed description conceming any point will be regarded as meaning that only the best
commercial practices are to prevail and that only materials of first quality and correct type, size
and design are to be used. All worlcmanship is to be first quality. All interpretations of tne
specifications shall be made upon the basis of this statement.
c. Bids shall be submitted o� the Bid FoRn tumished with the specifications, other forms rnay be
rejected. Unless otherwise stated within the spec'rfications, rcsponses to the IFB should be
submitted in OUPLICATE for bid evaluation purposes.
d. Each bidder shall tumish the information required by the IFB. The bidder shall sign the IFB and
print or type his name, address, and telephone number on the face page and on each
continuation sheet thereof on which he makes an entry.
e. Unit price for each unit oflered shall be shown, and such price shall include packing and shipping
unless otherwise specilied. A total shall be entered in the "Total' column for each item ofiered.
In case of discrepancy between the unit price and extended price, the unit price will be presumed
correct.
i. The bldders must state a definite time for delivery of supplies o� perioRnance of services.
g. Additional or attemate bids, unless specificalfy requested, will not be accepted. Vendors aro
urged to inspect their product I'�nes and select one item that will meet or exceed the specitications
as gnren and submit only one bid.
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h. The bidder should retain a copy of ail bid documents for future reference.
I. All bids must be signed with the firm name and by an officer or employee having authority to bind
the company or firm by his/her signature.
4. Submission and Receipt of Bids
a. Bids must be received at or before the specified time of opening as designated in the IFB.
Bidders are we4come to attend bid opening; however, no award of bid will be made at this tirne.
A bid tabulation will be furnished, upon request.
b. Bids shall be submitted in a sealed envelope. The envelope shall show the hour and date
specified for receipt of bids, the bid number, and the name and address of the bidder.
c. The City of Largo is not responsible ior the U.S, Mail or private couriers in regards to mail being
delivered by the specified time so that a bid can be considered. Late bids will be rejected.
d. Telegraph bids will not be considered; however, bids may be mod'rfied by telegraphic notice,
provided such nolices are received prior to the hour and date specified on the bid. Bids
submitted by telephone or FAX will not be accepted.
e. Samples of items, when required, must be submitted within the time specitied at no expense to
the City. If not destroyed by testing, vendor(s) will be notified to remove samples, at their
expense, within thirty (30) days after noYrfication. Failure to remove the samples will resuft in the
samples becoming the property of the City.
Failure to follow these procedures s cause for rejection oi bid.
g. Bids having any erasures or corrections must be initialed by the bidder in ink. Bids shall be
signed in ink. All bid amounts shall be typewritten or filled in with ink.
h. The City reserves the right to reject any or all bids received, to waive any iRegularities in the bids
received, or to accept the bid which best serves the interest oi the City oi Largo.
5. Acceptance of Ofier
The signed bid shall be conside�ed an ofier on the part oi the bidder; such offer shall be deemed
accepted upon issuance by the City oi a Purchase Order, Blanket Purchase Order, or other contractual
document.
6. Clarification and Addenda
Any inquiries, suggestans, or requests conceming interpretation, clarification, or additional inioRnation
pertaining to the Bid shall be made through the Cit}r ot Largo Office of Management and Budget. The
City shall not be responsible for ora) interpretations given by any City employee, representative, or
others. The issuence of a written addendum is the only official method whereby interpretation,
clarification, and additional iniormation can be given, li any addenda are (ssued to this Bid, the City
will atternpt to notity all prospective Bidders who have secured same; however, it shall be the
responsibility of each Bidder, prio� to submitting the Bid, to contact the City oi Largo Office of
Management and Budget at (72� 587-6727, to determine if addenda were issued and to make such
addenda a pa�t of the Invitation to Bid.
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7. Firm Prices
The bidder warrants that prices, terms and conditions quoted in his bid will be firm for acceptance tor
a period of not less than ninety (90) days f�om the bid opening date unless othe�rvise specitied in the
IFB. Such prices will remain finn for the period oi performance of resutting purchase orders or
contracts which are to be performed over a period of time.
8. Estimated Quantities
Whenever a bid requests prices to be firm for the period of performance, the quantities or usages
shown are estimated onfy with no guarantee made by the City that these quantities shall be purchased.
The quantities shown are for the bidders' infortnation only, and the City shall be bound only for actual
quantities ordered.
9. F.O.B. Larao, Florida
Unless othenvise spec'rfied in the IFB, all prices quoted by the bidder must be F.O.B. Largo, Florida
with all delivery costs and charges included in the bid price. Failure to do so may cause rejection of
bid.
10. Discounts
Cash discounts of two percent (2%) will be considered in deteRnining the award. Unless otherwise
specitied, discounts offering 10 days or more will be taken by the City's Finance Department, with
payment being made on the nearest 10th or 25th of the month subsequent to receipt, inspection and
acceptance oi articles, and receipt of correct invoice(s).
11. Award
Tlie contract or purchase order shaU be awarded by appropriate written notice to the bidder whose bid
meets the requirements and criteria set fo�th in the IFB and as follows:
a. The ability, capacity and skill of bidder to perfoRn the contract o� provide the service required;
b. Whether the bidder can perfoRn the contract or provide the service promptly, or within the tfine
speciiied, without delay or interierence;
c. The character, integrity, reputation, judgment, experience and efficiency oi the bidde�;
d. The quality of pe�tormance of previous contracts or services;
e. The previous and existing compliance by the bidder with laws and ordinances re{ating to the
contract or services;
f. The sufticiency ot the tinancial resources and abiliry of the bidder to per(oRn the contract o�
provide the service;
g. The quality, availability and adaptability of the supplies or contractual services to the particular
use required;
h. Tha ability of the bidder to provide tuture maintenance and service;
The number and scope oi conditions attached to the bid.
3
The City reserves the right to accept or reject any or ail bids or part of bids, to waive irregularities
and technicalities, and to request re-bids on the material described in the IFB.
k. The City also reserves the right to award the contract on such material as ihe City deems will
best serve its interests.
The City reserves the right to award the contract on a split-order basis, lump-sum or
individual-iterri basis, or such combination as shall best serve the interest of the City unless
otherwise spec'rfied.
m. The City reserves the right to teRninate the contract with thirty (30) days written notice oi intent.
12. Brand Names
If and wherever in the spec'rfications of brand names, make, name oi any manufacturer, trade name,
or vendor catalog number is spec'rfied, it is for the purpose of establishing a grade or quality of rnaterial
only. When the City does not wish to rule out other competitors' brands or makes, the phrase OR
EDUAL is added. However, 'rf a product other than the specified is bid, it is the bidder's responsibility
to ident'rfy such product in his bid and he must prove to the City that said product is equal to or better
than the product spec'rfied. Unless othervvise specified, evidence in the form of samples may be
requested 'rf the brand being bid is other than specified by the City. Such samples are to be fumished
after the date of bid opening onfy upon request of the City. If samples should be requested, such
samples must be received by the City no later than four days after formal request is made.
13. Variations of Saec'rfications
For purposes of bid evaluation, the bidder must indicate any variances irom our specifications and/or
conditions, no matter how sliaht. Any deviation from spec'rfications must be explained in complete
detail, including any drawings, engineering explanations and effect upon the costs.
If variations are not stated in the bid, it will be assumed that the product or service fully complies with
the City's specifications.
14. Material �ualitv
All materials used in the manufacture or construction of supplies, materials or equipment purchased
and delivered against this contract will be of first quality and not damaged and/or factory seconds. Any
materials damaged or not in tirst quality condition upon receipt will be exchanged within twenty-four
(24) hours at no charge to the City.
15. Acceptance of Material
The material delivered under this bid shall remain the property of the seller until a physical inspection
and actuat usage of this material and/or service is made, and thereafter is accepted to the satisfaction
of the City. It must compfy with the teRns herein, and be tully in accord with specification and oi the
highest quality. In the event the material and/or services supplied to the City is found to be detective
or does not conioRn to specification, the City reserves the right to cancel the order upon written notice
to the bidder and retum product to bidder at the bidder's expense. The City reserves the right to
request that the otteror(s) provide a demonstration unit and/or presentation prior to award.
4
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16. Timetv DeliverV
Time will be of the essence for any orders placed as a resuft of this bid. The City reserves the right
to cancel such orders, or any part thereoi, without obligation, if delivery is not made within the time(s)
spec'rfied on the bid form.
17. Price Chanqes Re Contracts
If this IFB is for an estimated quantity of supplies, etc., versus purchase of a specific quantfty of
articles or service, consideration in awa�ding bid for yearly contracts will be given:
First to bidder offering tirm prices for full contract period; and,
Second to bidder offering firm prices subject to rnaricet price reduction.
18. Cfir IndemnHication RE: Patent & Copvriqht
The Vendor, in accepting this oRler, agrees to indemnify the City and hold it harmless from and against
all claims, fiability, bss, damage or expense, including counsel iees, arising from or by reason of any
actual or claimed trademaric, patent or copyright infringement o� litigation based thereon, with respect
to the goods or any part thereof covered by this order, and such obligation shall sunr'nre acceptance
of the goods and payment therefor by the City.
19. Conflict of Interest
The bidder, by acceptance of this order, cert'rfies that to the best of his knowledge or belief, no
elected/appointed official or empbyee of the City of Largo is financialfy interested, directly or indirectly,
in the purchase of the goods or services spec'rfied on this order.
20. Public Entihr Crime
A person or affi('iate who has been placed on the convicted vendor list tollowing a conviction for public
entity crime may not submit a bid on a contract to provide any goocis or services to a public entity, may
not submit a bid on a contract with a public entity for the construction or repair oi a public building or
pubfic woric, may not submit bids on leases of real property to a public entity, may not be awarded or
perfortn work as a contractor� supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount provided
in Section 287.017, for CATEGORY T1N0 for a period of 36 months irom the date of being placed on
the convicted vendor list.
21. Oations
When the City requests bids with options regarding the extent of services to be provided, the City
requests that all bidders provide a cost breakdown tor each option proposed. Afthough all options may
be purchased, some may not. The City reserves the right to decide, at its discretfon, whfch options
shall be purchased. '
Award wi0 be made group by group or in the aggregate, whichever is in the best interest of the City
of Largo. During the evaluation, vendors may be required to tumish price sheets their quotes are
based on. The City also resetves the right to engage more than one firm, H it is believed that different
fiRns might best serve the City's interests in pertoRning difierent segments of a particular job.
5
22. Subcontractinq
Where proposers do not have the "in-house" capability to pe�iorm worlc desired, or to provide a product
as spec'rfied, in the Bid, subcontracting may be pennitted with prior knowledge and approval of the
City. The City must be assured and agree that any proposed subcontractor(s) can perform the work
or provide the product at the desired quality and in a timely manner. Therefore, the name of any
intended subcontractor(s) should be ident'rfied in the bid.
23. Taxes
The City of Largo is exempt from local, state, tederal or transportation taxes, except excise tax on
lubricants and batteries o� accordance with Chapter 88-393, Laws of Florida, effective October 1, 1988.
Exemption ce�tiiicates will be provided upon request.
24. Failure to Bid
Ii any vendor does not wish to bid, the Statement of No Bid must be retumed. Otherwise, the vendor's
name will be removed from the City's mailing list after three "No Bids'.
25. Additionallnformation
The apparent low bidder may be required to submit to the City within twenty-four (24) hours of bid
opening the following documents:
(a) Most recent financial statements of the company;
(b) A list oi equipment owned;
(c) A fist oi references which may be immediately contacted.
26. Manufacturer's Cert'rfication
The City reserves the right to request from bidders a separate manufacturer cert'rfication oi all
statements made in the bid. Failure to provide such cert'rfication may result i� rejection of bid or
defauit teRnination of contract for which the bidder must bear full liability.
27. Defauft of Contract
In case of default by the bidder or contractor, the City may procure the items or services from other
souroes and hold the bidder or contractor responsible for any excess costs occasioned or incu�red
thereby.
28. Modiiication for Changes
No agreement or understand'ng to modify this IFB and resultant purchase orders or contract shall be
binding upon the City unless made in writing by the Assistant City Manager or authorized
representative of the City oi Largo.
29. Order or Precedence
In the event of an inconsistency between provisions oi the IFB, the inconsistency shall be resolved by
giving precedence in the following order.
(a) The schedule;
(b) Special provisions;
(c) Instructions to Bidders and General Instructions;
C�
(d) Other provisions of the contract, whether incorporated by reference or othervvise; and
(e) The spec'rfications.
30. Examination of Records
The bidder shall keep adequate records and supporting documentation applicable to the subject matter
of this bid to include, but not be limited to, records of cosis, time worked, wo►ici�g papers and/or
accumulations of data, criteria or standards by which findings or data are measured, and dates/times
of pick-up or delivery. Said records and documentation shall be retained by the bidder for a minimum
oi one (1) year from the date the bid is completed and accepted by the City. Ii any litigation, claim,
or audit i� started before the expiration of the one (1) year period, the records shall be retained until
all fitigation, claims, or audii findings, involving ihe records have been resolved. Should any questions
arise conceming this bid the City and its authorized agents shall have the right to review, inspect, and
copy all such records and documentation during the record retention period stated above; provided,
however, such activity shall be conducted only during normal business hours and shalf be at City
ex�ense. Bidders shall be authorized to retain microfilm copies in lieu of original records, if they so
desire.
Any subcontractor(s) employed by a bidder who is subject to these requirements shal) be subject to
these requirements and the bidder is required to so noCrfy any such subcontractor(s).
31. Occuoational HeaRh and Safetv
In compl'iance with Chapter 442, Florida Statutes, any item delivered to the City resulting from this bid
must be accompanied by a Material Safety Data Sheet (MSDS). The MSDS must be maintained by
the user agency and must include the following iniormation:
a) The chemical name and the common name oi the toxic substance.
b) The hazards or other risks in the use of the toxic substance, including:
(1) The potential tor fire, explosion, corrosion, and reactivity;
(2) The known acute and chronic heafth etfects of risks from exposure, including the medical
conditions which are generalfy recognized as being aggravated by exposure to the toxic
substance; and .
(3) The primary routes of entry and symptoms of overexposure.
c) The proper precautions, handting practices, necessary personal protective equipment, and other
safety precautions in the use ot or exposure to the toxic substances, including appropriate
emergency treatment in case of over-expvsure.
d) The emergency procedure for spills, fire, disposal, and first aid.
e) A description in lay teRns of the known spec'rfic potentiat health risks posed by the toxic
substance intended to alert any person reading this infoRnation.
f) The year and month, d available, that the iniortnation was compiled and the narne, address, and
emergency telephone number of the manufacturer responsible tor preparing the intormation.
Any questions regarding these requirements should be directed to: Risk and Satety Manager,
(727) 587-6774. .
32. Safety Clause
Any and ali worfc originated from this bid must comply with all applicable satety laws based on any
City, County, State and/or Federal regulations.
7
33. Qualiiication of Bidders
A bidder may be required, before the award of any contract, to show to the complete satisiaction of
the City that he has the necessary facilities, equipment, ability and financial resources to perfoRn the
work in a satisfactory manner within the time spec'rfied.
34. DisQUal'rfication of Bidders
Any or all proposals will be rejected 'rf there is any reason for believing that collusion exists among the
bidders, and partici�ants in such collusion will not be considered in future proposals for the same worlc.
35. Licenses and Perrnits
The Contractor shall secure all licenses and permits and shall comply with all applicable laws,
regulations and codes as required by the State of Florida, or by the City of Largo. The Contractor
must fully comply with all Federal and State Laws and County and Municipal Ordinances and
Regulations in any manner affecting the perioRnance of the worlc.
36. Vendor Site Inspection and Evaluation
The City reserves the right to inspect the vendor's site prior to award or at any reasonable time
throughout the contract period.
37. Revuest for Iniormation
Information may be obtained from the Office of Management and Budget, (727) 587-6727, or from the
individual listed on the IFB cover letter.
38. Provisions tor Other Aqencies
Unless otherwise stipulated by the bidder, the bidder agrees to make available to the Govemment
agencies, departments, and municipalities the bid prices submitted in accordance with said bid tertns
and conditions therein, should any said govemmental entity desire to buy under the proposal.
�
C(TY OF LARGO, FLORIDA
SPECIAL CONDITIONS
FOR
SANITARY SEWER AND STORMWATER INVERSION LINING
BID # 02-B-8T1
1. Intent
In accordance with the enclosed spec'rfications, it is ihe intent of the City of Largo to receive bid
proposals for Sanitary Sewer, Reclaimed Water and Stormwater Emergency Repairs.
2. Manufacturer's Reference
Any such references, by brand or trade name or catalog number, are used for the purpose of
descnbing the establishing general quality and performance levels. Unless otherwise stated in the bid
section, consideration will be given for any product which meets or exceeds the quality of perfoRnance
of the specification.
Vendors are required to state exactly what they intend to fumish as provided in the proposal section,
otherwise they shall be required to fumish the item as spec'rfied.
3. Warran
Failure by a manufacturer's authorized dealer to render proper wananty service/adjustments including
provid'ng a copy of the warranty work order to the Ciry, shall subject that dealer to suspension from
the City's approved vendor listing until satisfactory evidence ot correction is presented to the Ofiice
of Management and Budget. Payment will not be withheld pending wananty repairs and adjustments.
4. Invoices
Invoice copies (one original and one copy) shall be mailed to: City of Largo, Accounts Payable, P.O.
Box 296, Largo, Florida 33779-0296.
5. Reiection of Deliverv
The City reserves the right to refuse delivery oi any product which does not meet Federal, State or the
speci(ied safety standard. The City reserves the right to cancel any such item(s) on purchase orders
and obtain such items trom anothe� source, when such items have not been delivered within a
reasonable period o( time as compared to the time stated in this bid. �
6. Fiscal Non-Fundinq Clause
In the event sutticient budgeted funds are not available tor a new fiscal period, the City shall notify
the vendor ot such occuRence and contract shall terminate on the last day oi the current tiscal period
without penafty or expense to the City.
CITY OF LARGO, FLORIDA
REFERENCE INFORMATION
F�R
SANITARY SEWER AND STORMWATER INVERSION LINING
• BID #02-B-871
Organization S E E A T T A C H E D
Contact Person
Address
Cit�r State Zip
Phons Number (_�
Project Cost Date Performed
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Organization
Contact P-erson
Address
City State Zp
Phone Number ��
Project Cost Date PertoRned '
----------------------------------------------------------------------------_____
Organization
Contact Person � • �
Address
Cityi State Z'ip
Phone Number L�
Project Cost Date Perfortned
Organi�ation
Contact Person
Add�ess
City State Zp
Phone Number (�
Project Cost
Date PerfoRned
Representative Typed Namelf'dle
Representative Signature �
F� Azurix North Americ�
109 Applewood Drive
Longwood, FL� 32750�
407-260-9668
Michael Cannon� Vice President
CfTY OF LARGO, FLORIDA
STATEMENT OF NO BID
FOR
SAN[TARY SEWER AND STORMWATER lNVERSION LINING
BID #02-8-871
IF YOU DO NOT INTEND TO BID ON TH1S REQUIREMENT, PLEASE COMPLETE AND RETURN THIS
FORM PRIOR TO DATE SHOWN FOR RECEIPT OF BIDS TO: CITY OF LARGO, OFFICE OF
MANAGEMENT AND BUDGET, POST OFFICE BOX 296, LARGO, FLORIDA 33779-0296.
WE, THE UNDERSIGNED, HAVE DECLINED TO BID FOR THE FOLLOWING REASON(S):
WE DO NOT OFFER THIS PRODUCT OR E�UIVALENT.
SPECIFICATIONS ARE TOO `TIGHT', I.E. GEARED TOWARD ONE BRAND OR
MANUFACTURER ONLY (PLEASE EXPLAIN BELOW).
UNABLE TO MEET SPECIFICATIONS (PI.EASE EXPLAIN BELOVI�.
SPECIFICATIONS UNCLEAR (PLEASE EXPIAIN BELOW).
INSUFFfCIENT TiME TO RESPOND TO INVITATION TO B1D.
OUR PRODUCT SCHEDULE �NOULD NOT PERMIT US TO PERFORM.
UNABLE T� MEET BOND REQUIREMENTS.
OTHER (PLEASE SPECIFY BELOVI�.
REMARKS:
WE UNDERSTAND THAT IF THE "NO BID" LETTER IS NOT EXECUTED AND RETURNED, OUR NAME
MAY BE DELETED FROM THE LIST OF �UALIFlED BIDDERS FOR THE CITY OF LARGO FOR FUTURE
PROJECTS.
Typed Name and T�tle �
Signature
Company name
Address
City State Zip Code
Telephone Nurnbe� (_� Fax U
CITY OF LARGO, FLORIDA
INSURANCE RE�UIREMEM'S CHECKLIST
FOR 02-B-871 - SanitarY Sewer and StoRnwater Inversion Linin4
ttems marked "X" must be provided
X General LlabilitY Mintmum Limits ReQUtred
x Commercial General Liabii'rty S_ 1,000,000 General Aggregate
x Ocaurrence Form � 1,000,000 ProducVCompleted Ope�ations Agg,
3_ 1.000.000 Personal � Advertising Injury �
3 1,000.000 Each Occurrence
3
X
X
Automobile Liabilfil
Owned, Hired � Non•Owned
Worice�s Compensat(on
and EmploYers LlabilitV
S_ 1,000,000 Combined Single Limii per Occurrence
StatutOry
S 1Oo.000 Each Accident
S 500.000 Disease - Policy Limit
S 100,000 Disease - Each empbyee
X Professional Liabilitv - Errors b Omissions ('Te be completed by Bidder)
• Deductble: S 3 Aggregate
' Ciairtu Made (Y/N): 3 Each Claim
' Occurrence (YM):
' Defense included in Limits (Y/N):
Butlders RlskAnstallation Floater (• To be completed by Bidder)
' Fiood Inctuded S Limit S 1009�e of Completed or Installed Value
• TraiuportatJon Included 3 • Limit All-Risk Form •
' Storage included S Lim�
City �lust Be A Named Insured. Copy ef Pollcy Will Be Aequired . .
Other
S .
S '
X The Certif'�cate of Insurance must show 'The Cityr oi La�go� elected ofticials and empbyees' as an additiona(
fnsured.
X_ Cert�icated must give to the City ot Lar90 30 days' prior written notica of cancellation, non-�enewal, er adverse
change.
X Certif'�cates must identity bid number and bid title.
Statement of 8ldder.
We understand the requl ments requested and sgree to comply fulty.
Michael Cannon, Vice President
Bidder -
A complets copy af this form wlth ori In�l signatun must accompany bid.
Azurix North America Underground Infrastructure, Inc.
109 AppleWOOd Drive, Longwood, FL 32750 .
407-260-9668
i_
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City of Largo, Florida
Post Office Box 296, Largo, Florida 33779-0?96
Public Works Departrnent
Chris A. Kubala, Pubtic Works Director
Michael J. Stattopoulas, P.E., CIty Engineer
Public Worlcs Administration: (72� 586-7418
Engineering Services Division: (72� 587-6713
Enginaering Services FAX: (72� 586-7413
SAIVTTARY SEWER AND STORMWATER INVERSION LINING
Bm NO. 02-B-871
City of Largo, Florida
Summarv of Work
This project provides for the reconstruccion of pipelines and conduits (8 , 10, 12, 15, 18, 24 and
30 in., and laterals) by the installation of a resin-impregnated, fleacible tube which is inverted into
the existing conduit by use of a hydrostatic head or air pressure, also refecred to as cured in place
pipe (CIl'P). The resin is cured by circulating hot water or introducing controlled steam within the
tube. When cured, the fuushed pipe will be continuous and tight-fitting. This reconstruction
process can be used in a variety of gravity and pressure applications such as sanitary sewecs and
storm sewers. Pipelines for reconstruction on this project consist of primarily vitrified clay pipe,
with some ductile iron pipe, reinforced concrete pipe and corrugated metal pipe.
The work shall be perforrned by annual bid, with an estimated minimum footage of three
thousand (3,000) lineal feet of sewer line and stormwater pipe to be inversion lined on an annual
basis. The tecm of this bid will be from the date of award through September 30, 2003. The City
of Largo reserves the right to extend the contractor for two additional one-year extensions with
the approval of the contcactor. The estimated footages identified in the Schedule of Bid Prices
are for comparison only. The locations to be invecsion lined will be as directed by the City of
Largo designated representative. The City of Largo will issue task orders to the contractor in
minimum increments of $20,000. The Contractor shall be required to be on the job site and
perfotining services within twenty-one (21) days of notification of each sezvice request.
No dig inversion lining is required. The Contractor will be responsible for sewage flow control
during all hours of installation. Night installarions may be required in some sewer lines due to
sewage and/or traff c flow conditions. Coordination of the flow control and rehabilitation is the
responsibility of the Contractor. �
The indecnnification pmvision contained in the General Conditions is incorporated herein, and
made a part hereof, as if fully set forth herein.
77te conlroctor shall submi� for the purposes of bidding, a co�npleted Schedule of Bid Pricts
and �xecut�d General Conditions. Failr�re to provide both documtnts shall result in an
unrespo�rsive bid
.SAFETY
1. Contractor wil] report any condition to the City of Largo which may pose a threat to the health and
welfare of employees of the City, Contractor, or the general public.
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2. Concractor will use employees that are properly trained and who are aware of possible work,
materials, and job-site related hazards.
3. Contractor will ensure that waste material is properly disposed in accordance with applicable
regulations and safety precautions.
4. Contractor shall comply with all local, state and federal safety requirements, including but not limited
to OSHA. -
Table of Contents
General Conditions
Schedule of Bid Prices
Technical Specifications
Section 01010 — Summary of Work
Section 01025 — Measurement and Payment
Secrion 01530 — Barriers
Section 01570 — Traffic Control
Secrion 02702 — Fipe Lining By Inversion
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5�+�*+�ry of Work
Secticn 01010
SECTION 01010
SUMMARY OF WORK
PART 1- GENER.AL
1.01 WORK COVERED BY CONTRACT DOCUMENTS
A. The work covered by these specifications comprises, in general, the fumishing of all labor, equipment, materials.
The work shall include the perforaung of all operations to construct road impro�•ements, as well as, water, sewer,
and drainage improvements for the City of Largo as desa�ed and specified further in the Technical
Specifications, and as shown on the Contract Drawings.
B. Except as speafically noted, the Contractor shall provide and pay for:
1. Labor, materials, tools, construction equipment, and machinery.
2. Water and utilities required for construction.
3. Other facilities and services necessary for proper execution and completion of the work.
4. Testing lab services.
C. The Contractor shall comply with all codes, ordinances, rules, regulations, orders and other legal requirements
of the City of Largo.
D. Roadway restoration/reconstruction for any individual street shall be completed Hrithin 30 calendar days
subsequent to substantial completion of underground utility construction on a street by street basis. The
submitted construction schedule shall indicate this construction sequence.
1.02 �ROSION A�.ND SEDIMFNT CONTROL
The Contractor shall implement erosion and sediment control practices that will prevent the introduction
of pollutants izito the storm water system. Erosion and sedirnent controls shall include both stabilization
practices and structural practices.
The Contractor shall take adequate precautions to prevent siltation and bank erosion in discharging well
point systems or during other construction activities. This includes the placement of erosion control
devices, such as silt barriers or settling basiris, when necessary to prevent silt from entering the drainage
system. Whenever traffic will be leaving a construction sifie and moves directly onto a public road or other
paved area, a temporary gravel construction entrance, per City of Largo Standards, shall be installed to
reduce the amount of sediment transported onto public roads by motor vehicles or runoff. The entrance
shall be maintained in a condition that will prevent tracking or IIow of sed'unents onfio public rights-of way.
All materials spilled, dropped, washed, or tracked from vehides onto roadways or into storm drains must
be removed immediately. The road or paved area must be swept daily for sediments and stones.
All erosion and sediment control devices shall be checked daily or immediately after a storm event and
shall be cleaned out and/or repaired as required. All erosion and sediment control rnethods shall be in
accordance with F.D.O.T. Index No.102 and shall comply with all state and local water quality standards.
The City Engineer or the appointed City personnel has the right to enforce immediate cleanup and
maintenance of any and all sedi.ments on or off site.
Page 1 of 3
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Sumaury of Work
Seccon 01010
� '1.03 HOUSEKEEPING BMP'S
A construction site management plan shall be developed by the Contractor to prevent pollutants from
entering the storm water system. Pollutants include but are not limited to oils, grease, paints, gasoline,
concrete truck washdown, solvents, litter, debris and sanitary �vaste.
The construction site management plan shall designate azeas for equipment maintenance and repair; shall
provide waste receptades at com*enient locations and shall pro�Zde reg-ular collection of wastes; shall locate
equipment washdo�vn areas on site and shall provide appropriate con�ol of washwaters; shall provide
protected storage azeas for chemicals, paints, solvents fertilizers and other potentially toxic materials; and
shall provide adequately maintained sanitary facilities
1.04 STORAGE OF MATERIALS
The Contractor shall furnish suitable storage facilities. All materiaLs, supplies and equipment intended for
use in the work shall be suitably stored by the Contractor to prevent damage from exposure, admixture
with foreign substances, or vandalism or other cause. The Engineer will refuse to accept, or sample for
testing, materials, supplies or equipment that have been improperly stored, as determined by the Engineer.
MateriaLs found unfit for use shall not be incorporated in the work and shall immediately be removed from
the construction or storage site. Delivered materiaLs shall be stored in a mazuler acceptable to the Engineer
before any payment for same will be made. MateriaLs strung out along the line of construction will not be
allowed unless the materials will be installed within one week from the time of unloading and stringing
out.
1.05 PRESERVATION OF PROPERTY
The Contractor shall preserve from damage all property along the line of the work, or which is in the
vicinity of or is in any way aEfected by the work, the removal or destruction of which is not called for by
the plans. Wherever such properiy is damaged due to the activities of the Contractor, it shall be
immediately restored to its original condition by the Contractor at no cost to the Owner.
In case of failure on the part of the Contractor to restore such properiy, or to make good such damage for
injury, the Owner may, after 48 hours notice to the Contractor, proceed to repair, rebuild or otherwise
restore such property as may be deemed necessary, and the cost thereof will be deducted from any monies
due, or which may become due, the Contractor under this contract.
1.06 CLEAN UP
The Contractor shall keep the construction site free of rubbish and other materials and restore to their
original conditions those portions of the site not designated for the alteration by the Contract Documents.
Qean up and restoration shall be accomplished on a continuing basis throughout the contract period and
in such a manner as to maintain a aunimum of nuisance and interference to the general public and residents
in the vicinity of the work.
The Contractor shall aLso remove, when no longer needed, all temporary struchues and equipment used
in his operation. It is the intent of this specification that the construction areas and those other areas not
designated for alteration by the Contract Documents shall be immediately restored to original condition
as upon completion of the project
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Summary of Work
s�cm, oloio
-1.07 PUBLIC SAFETY AND CONVENIENCE
The Contractor shall at all tirnes so conduct his work as to ensure the least possible obstruction to tratfic,
or inconvenience to the general public and residents in the vicuuty of the work. No road or street shall be
closed to the public, except with the permission of the Engineer and other jurisdictional governmental
authority, if any. Fire hydrants on or adjacent to the work shall be kept accessible. Provisions shall be made
by the Contractor to ensure public access to sidewalks, public telephones, and the proper functioning of
all gutters, sewer uilets, drainage ditches, and irrigation d.itches. No open excavation shall be left overnight
except during road closing. All open excavation within the roadway shall be backfilled and a temporary
asphalt patch applied prior to darkness each day. A cold asphalt patch is acceptable.
1.08 SAFETY AND OSHA COi�iPLIANCE
The Contractor shall compl}' in a11 respects with all Federal, State and Local safety and health regulations.
Copies of the Federal regulations may be obtained from the U.S. Department of Labor, Occupation Safety
and Health Administration (OSI-iA), Washington, DC 20210 or their regional offices.
The Contractor shall comply in all respects with the applicable Workman's Compensation Law.
1.09 CONTRAC'TOR'5 USE OF PREMISES
A. Coordinate the use of premises under direction of Engineer.
B. Assume full responsibility for the protection and saEekeeping of equipment and materials stored on the site.
C. Move any stored Products, under Contracto�'s control, which interfere with operations of the Owner or separate
Cantractor.
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STANDARD
GENERAL CONDITIONS
OF TSE
CONSTRUCTION CONTRACT
FOR
: THE CTTY OF LARGO
FLORIDA
iTaii: iiNV
0
TABLE OF CONTENTS OF GENER.AL CONDITIONS
ARTTCLE TITLE
1. DEFINTTIONS
2. PRELIMINA.RY MATTERS
Delivery of Documents
Copies of Docurnents
Commencement of Contract
Time;
Notice to Proceed �
Starting the Project
Before Starting Construction
Pre-cons�uction Conference
Finalizing Schedules
3. COIVTRACT DOCi1MEIVTS
Intent
Amending and Supplementing
Contract Documents
Reuse of Documents
4. AVAILABILTTY OF LANDS:
PH1'SIG9L CONDITIONS:
REFERENCE POINTS
Availability of Lands
Physical Conditions
Physical Conditions�—
Underground Facilities
Reference Poir►ts
5. BONDS AND INS(IRANCE
Bonds
Cantractor's Insurance
PAGE ARTICLE TTTLE
GC-1 Substitut�es or "Or-Equal" Item
Conceming Subcontractors,
GC-3 Suppliers and Others
�-3 ' Patent Fees and Royalties
GC-3 p��
Laws and Reg�ilations
Taxes
GC-3 Use of Prernises
GC-3 Record Documents
GC-3 Safety and Protection
GC-4 Emerge:naes and Precautions
GC-4 During Adverse Weather
Shop Drawings and Samples
�-4 Continuing the Work
GC-� Indemnification
PAGE
GC-12
GC-13
GG13
GC-14
GC-14
GC-14
GC-14
GC-15
GC-15
GC-16
GC-16
GC-17
GC-17
GC-5 7. OTHER WORK GC-18
GC-5 Related Work at Site GC-18
Coordination GC-18
8. THE CITY'S RESPONSIBILTTIES GC-18
GC-5
GC-5
GC-6
GC-7
GC-S
GC-8
GC-8
GC-9
6. CONTRACTOR'S
RESPONSIBIIITTES GC-11
�� �' Supervision and
Superintende�uce GC-11
Labor, MateriaLs and Equipment;
Hours of Work GC•11
Adjusting Progress Schedule GG12
9. ENGINEER'S STATLIS
DLIRFNG CONSTRLICI70N
City's Representative
Visits to Site
Proje�t Representation
Clarifications and
Interpretahons
Authorized Variations of Work
Rejecting Defective Work
Shop Drawings. Change Orders
and Payments
Det�erminatian for Unit Prices
Decisions on Disputes
L.iatitatians on Engineer's
. Responsibilities
10. CFIANGES IN THE WORK
GC-19
GC-19
GC-19
GC-19
GG21
GC-22
GG22
GC-22
GC-22
GC-22
GC-22
GC-23
TABLE OF CONTENTS OF GENER.A,L CONDITIONS
ARTICLE TITLE
11. CHANGE OF CONTRACI' PRICE
Cost of the Work
Contractor's Fee
Cash Allowances
Unit Price Work
Omitted Work
PAGE ARTICLE T1TLE
GC-24
GC-24
GG26
GC-26
GC-27
GC-27
12 CHANGE DF CONTRACT TIME GC-27
13. WA�ZRANTY AND GllfARANI'EE:
TEST AND INSPECTIONS:
CORRECTION, REMOVAL
OR ACCEPTANCE OF DEFECT7VE
WORK
Warranty and Guarantee
Access to Work
Tests and Inspections
Uncovering Work
City May Stap the Work
Correction or Removal of
Defective Work
One Yeaz Correction Period
City May Coirect Defecti.ve
V'lork
14. PAYMENTS TO CONTRACTOR
AND COMPLETTON
' Schedule of Values
Application for Progress
Payments
Contracto�s Warranty of Tide
Review of Applications for
Progress Payme�t
Substantial Completion
Paztial Utilizado�
Final Inspectirnn
Final Appliration for Payment
F'mal Payment and Acceptance
Contractor's Continuing
ObligatiQn
GC-28
GC-28
GC-28
GC-28
GG29
GC-29
GC-29
GC-29
C��7
GC-30
GC-30
GC-30
GC-31
GC-31
GC-31
GC 31
GC-32
GC-32
GC-32
GC-33
PAGE
15. SLISPENSION OF WORK
AND TEKMINATION GC-33
City May Susgend Work GC-33
City May Terminate GC-33
Contractor May Stop Work or
Terminafie GC-35
16. MISCELLA�NEOIIS GC-35
Giving Notice GC-35
Computation of Time GC-35
No Limitation of Rights and
Remedies GC-35
Acddent and Prevention GC-36
Florida Products and Labor GC-36
Employees GC-36
Non-Discriutination GC-36
Assignment GC-36
Venue GC37
Asbestos GC-37
Right to Audit GC-37
Contract Time; Liquidated Damages
GC-3?
Payment Procedures GC-37
Contractor's Representations GC-38
CONTRACTOR SIGNATURE, DATE dc
CORPORATE SFAi.
GENERAL CONDITTONS
ARTICLE I — DEF�tI'ITONS
Wherever used in these General Conditions or in the
other Conaact Documents the following terms ha�•e the
meanings indicated which are applicable to both the
singular and plural thereof:
ADDENDA - Written or. graphic instruments,
ezplanations, interpretations, changes, correcaons,
additions, deletions or modificatioas of the con�act
documents issued prior to the opening of Bids which
clarify, corrcct or change the bidding documents or the
Con�act Documents.
AGREEMEN't - The written agreement between the
CTIY and CONTRACTOR covering the Work to be
performed; when other Con�act Documents are
auached to the Agneement, they become a part of the
con�act The Agrecment is also refcazd to as the Con-
tracL
APPLICATION FOR PAYMENT - The form acceptad
by ENGINEER wiuch is to be used by CONTRACTOR
in rcquesting progress or final payments and whicb is to
include such supporting documentation as is required
by the Con�act Documents.
BID - The offer or proposal of the bidder submitted on
the Qcrscn'bed form setting forth the prices for tbe Work
to bc performed, properly signed or guaranteed.
BONDS - Bid, Performance and Payment bonds and
other ins�vments which protect against loss due to
inability, failun or refusal of the CONTRACTOR to
perform the woric spccified in the con�act docttments.
CALENDAR DAY - A calendar day of 24 hours
measuatd from midnight tn the neu midnigf�t, including
Saturdays, Sundays aad holidays and rogardless of the
weather.
CHANGE ORDER - A document recommended by
ENGINEER which is signed by the COMRACTOR
and tbe CTTY which auchorius an addidon, deledon. or
nvision in the work, or an adjustment in che Conoract
Pricx or Contract Time, issuod on or after the execution
of the Agreement
GC-1
CITY - The Ciry of Largo, Florida, a Florida municipal
corporation, iu authorized and legal representatives, the
public entity aith whom the Contractor has entered into
the a�eement and for whom the work is to be provided
CONSTRUCTION SUPERINTENDENT - 'I'he
consuucdon superintendent shall be in attendance at the
project site dtu-ing performance of the Work and shall
regresent the CONTRI�CTOR Communicadons given
to the coastruction superintendent or decisions made by
the coastrucdon superintendent shall be as binding as if
given to or made by the CONTRACTOR Important
communications or decisions shall be confirmed in
writing. Other communications ar decisions shall be
similarly confirmed by written request in each case.
CONTRACT DOCLTMENTS - The Inviwtion to Bid,
Ins�uctions to Bidders, Proposal, Bid Bond,
Agreement, Payment Bond� Performance Bond,
Certificate of Insurance, Nodce of Tentative Award,
Notice to Proceed, Certificate of Substantial
Completion, Warranty of Tide, Fnal Receipt - Releaze
of Lien, General Conditions, Supplemental General
Conditions, Tcchnical Specifications, Contract
Drawings, Addenda and Change Ocders executed
pursuant to the Con�act Documents.
CONTRACI' PRICE - The total monies payable by the
CI'I'Y to the CONTRACTOR under the terms and
conditioas of the Contract Documents. '
CON'I'RACT TII1�iE - The number of successive
calendar days stated in the Contract Documents for the
comple[ion of the Work
CONTRACTOR - The person, finn. or coiporation
with whom the CTTY has executed the Agreement to
fiunish the Woric call� for in the Coatract Documents.
DEFECT'IVE WORK - Work that is unsatisfactory,
faulry� or deficient; or that does aot conform to the
Coatract Documents; or that does not meet che
requirements of any, inspection, czfennce standard, test,
or approval refeaed w in the Convact Documents; or
Wor1c that has been dannnaged prior to the QdGIIVEERS
recommendation of final paymen�
ARAWINGS - The drawings, plans, maps, profiles,
diagrdms, and ott�tr graphic repnsentations which show
character, locadon. nature, exteat and scope of the
Work, which have beea prepared or approved hy
ENGII�IEER and which are considered pazt of the
COA�3CL DOCU�CDtS.
EFFECTIVE DATE OF 'I'i� AGREEMENT - The
dato indicated in the A�eement, but if no such dnte is
indicated it means the date on which the Agreement is
signed by the last of the two parties to sign tbe
AgreemenL
ENGINEER(Sl - City of Largo Public Works
Deparament, Engineering Division or its authoriud
agents� inspectors or representadves acting within the
scope of dudes enwsted to thcm by ;he CITY.
FIEI.D ORDER - A written order by the ENGINEER
that does not unpact the cost or dme of performance of
the Work.
GENERAL REQUIItEMENTS - Division 1 of the
Technical Specifications.
LAWS ANT� REGULATTONS: LAWS OR
REGULATIONS - Iaws, rules. codes, reguladons,
ordinances and/or orders promulgated by a lawfully
constituted body authorizcd to issue such Laws and
Regulations.
NOTICE OF AWARD -'Ibe official written notice by
the CTTY to the apparent successful bidder stating that
upon compliance by the apparent successful bidder with
the conditions precedent onumerated therein within the
time speciSed, the CI'I'Y may enter into aa Agreement
�10TTCE TO PROCEED - The wriaea nodcx issua! by
the CIT'Y� or it's agents, to the CONTR.ACTOR
authorizing the CONTRACTOR to proceed with the
Woric and establishing the date of commencement of
the Conoract Timo.
PARTIAL LTTILIIATION - Placing a portion of the
Worit in service for the purpose for which it is intendcd
(or a related purpose) befote naching 5ubstantial
Com�leuon for all the Work.
PRO GT - The entire contuvction to be performed a�s
provided in the Contract Documents.
RFSIDENf PROJECT REPRESENTATIVE (RPR) -
The resident project representarive, shall be in
attendance at the project sioe dia�ing perfoimaace of tbe
Work and s6a11 repnsent the CTTY direcdy or through
the ENGIIVFER. Respoasibilitics of the RPR are
furtt�er defin�d in Paragraph 93 of these General
Conditions.
�HOP DRAWWGS - All drawings. diagraau,
illustrations, .schedules, and other data wfiich are
spec�i5cally prepazed by or for the CONTRACTOR to
illasuate some portion of the Work, and all illastra�oas,
brochures, standard schedules, pccformance charts,
GC-2
instructions, diagrams and other ir�formation propared
by a supplier and submitted by the CONTRACTOR to
ill�strate material or equipment for some portion of [he
Work.
SPECIFICATIONS -(Same definition as for Technical
Specifications hereinaher).
SUBCONTRACI'OR - An individual, firm, or
corporation having a direct contract cvith [he
CONIRACTOR or with any other Subcontractor for
the performance of a part of the Work at the Site.
SUBSTANTIAL COMPLE'ITON - The Work (or a
specified part thereo� has progressed to the point
where, in the opinion of ENGIIVEER as evidenced by
ENGINF.ER'S definidve certificate of Substantial
Completion, it is sufficiendy complete, in accordance
with the Contract Documents. so that the Work (or
speci5ed part) caa be utilized for the purposrs for
which it is intended. The terms "substantially
complete" and "substantially completed" as applied to
any Work tefer to Substantial Completion thercof.
When the eatire Project is considered to be
Substaatially Complete, this does not constitute Final
Acceptance or Final Completion of the entire ProjecL
SUPPI.EMENTARY CONDTTIONS - The pazt of the
Contract Documents which amends or supplements
these General Conditioas.
SUPPLIER - A manufacturer, fabricator, supplier,
distiibutor, materialmaa or vendor.
SUR� - Any persoq firm or corporadon which is
bound by bid or coatract bond with and for the
CONTRACTOR
TECFi�CAL SPECIFICATIONS - Those portions of
the Convact Documeat� consisting of the Geaeral
Requirements and written techaical descriptions of
producu and execuaon of thc Work.
L1ND�RGROUND FACII.TIZES - All pipelines.
conduits, ducts� cables, wires, manholes, vaul�s, tanla,
wnnels or other such facilities or attachments, and any
encasements coataining such facilitia which have bezn
installcd underground to furnish any of the following
services or materials: elecuicity, gases, steam, liquid
peorole�m products. telephooe or other
communications, cable television, water supply or
distribution, sewage and drainage removal, a-affic or
otha coatrol systems.
UMT PRICE WORK - Work to be paid for on the
basis of unit pric: s.
WORK - Any and all obligations, duties and
responsibilipes neccssary to the successful completion
of the Project aSSigncd to or undeztakcn by the
CONTRACTOR unde: the Contract Documents,
including all labor, materials, equipment and other
incidentals and the fiuvishing thereof.
WORK DIRECTNE CH.4NGE - A writien direcdve to
CONTRACTOR, issued on or after the Effective Date
of [he Agrcement and signed by the CII'Y and
re�ommendcd by the ENGIIIEER, ordering an addition,
deledon or revision in the Work, or which references an
emergency or unforeseen physical coaditions under
a�hich ti�e Work is to be performed. A a'orlc Direcdve
Change may not chang� the Contract Price or the
Con�act Time, but is evidence that the parties expect
t.hat the change directed or documented by a Work
I3irective Change will be incotporated in a subsequendy
issuui Change Order following negotiarions by the
parrits a.s co ic� offe�c, if any, on the Contract Price or
contracc Time.
V�RTITEN AMEIVDMENT - A written amendment of
the Coatract Documents, signed by the CTI'Y aad
CONTRA.CTOR on or after tbe Effective Date of the
A.greement and nocmally dealing with the non-
engineering or non-technical ratha than strictly Work-
related �specu of the Cona�act Documents.
ARTICLE 2 - PRELIl4IINARY MATTERS
DELIVERY OF DOCUMENTS:
2.1. When the CONTRACTOR delivers the
si�ed Agreements to the CTi�I, the CONTRACTOR
shall also delivet to the CTIY such Bonds and
Insurance Policies, Certificates or other documents az
the CONTRACTOR may be ttiquired to furnish in
accordance with the Contract Documents.
COP�.S OF DOCCm+fENT'S:
2.2. The CITY shall furnish to
CONTRACTOR thm copies (unless otherwise
specified in the Supplementary Conditions) of the
Contract Documents a at an reasonably necr,ssary for
the ezxution of the Woric. Addiaonal copies will be
fiunished, upon tequest, at the cost of reproduction.
GC-3
CO:�i;1�fENCEtifE,'vT OF CONTRACT TIlVIE;
NOTICE TO PROCEED:
2.3. The Contract Time will commence to
run on the day indicated in any Notice to Proceed. A
Nodce to Proccr,d may be given at any time within sixty
days after the Effective Date of the Agrecmen�
STARTING THE PROJECT:
2.4. CONTRACTOR shali start to perform
the Work on the date when the Contract Time
commences to run, but no Work shall be done at the site
prior to the date on wiuch the Conn-act time commences
to run.
BEFORE STARTIl�IG CONSTRUCTIOIV:
2S. Before underta�dng each part of the
Work, CONTR�CTOR shall carefully scudy and
compare the Con�act Documents and check and verify
pertinent figures shown thereon and all applicable field
meas�ements. CONTRACTOR shall prompdy repoR
in wridng to ENGINEE,R any conIIict, error, ambiguity
or discrepancy which CONTRACTOR may discover
and shall obtain a written interprotation or clarificadon
�om ENGINEER before proceediag with any Work
affected thereby; however, CONTRACTOR shall not
be liable to C1TY or ENGINEER for failare to report
any conflict, error, ambiguity or discrepancy in the
Contiact Documents, unless CONTRACTOR knew or
reasonably should have lmown thereof.
2.b. At the pre-construcdon conference,
CONTRACTOR shall submit to ENGINEER for
review:
2.6.1. a proposed progress schedule
indicating the starting and compledon dates of
the various stages of the Work; and, �
2.6.2. a preliminary schedule of
Shop I?tawing submissions and those shop
drawings necessary to begin the work; and.
2.63. a proliminary schedule of
values for all of the Wark which will include
quanddes and prices of items aggregating the
Contract Price aad will subdivide the Work into
component paru in su�icient detail to serve as
the basis for progress payments during
cflnstruction. Such prices will include an
agp�opriate amount of overhead and profit
a�plicable to Gach item of Work wtuch will be
confumed in writing by CONTR.ACTOR at the
time of submission ;and,
2.6.4. Pre-construction video tapes if
required by [he technical specificacions
2.7. The CONTRACI'OR shall not
comtnence construction operations until the
construction progress schedule, schedule of values and
the shop drawing submission schedule described above
have been reviewed by the ENGIIVFER for general
conforniance with the Contract docurnents. After
review of the schedules, no deviation shall be made
without prior written acceptance by the CTI'Y for
general conformance with the Coatract Documents.
PRECONSTRUCTION CONFERENCE:
2.8. After the Effective Date of the
Agreement, but before CONTRACTOR staits Work at
the siu, a conference attended by CONTRACTOR,
ENGINEER and others as deemed appropriate by the
CI'TY, ENGINEER, or COIV'IRACTOR will be held to
discuss the schedules referred to in paragraph 2.6, to
discuss procedures for handling Shop Drawings and
other submittals and for processing Applications for
Payment, and to establish a worldng understanding
among the parties as to the Work. Nething hertin shall
relieve the CONTRACTOR 5rom the responsibiliry of
contacting local utilities and any othec necessary
agencies.
FINALIZIIVG SCHEDULES:
2.9. At le�st ten days before submission of
the first Application for Payment a confereace atteaded
by COIV'TRAGTOR, CITY, ENGIIVEF.R and others a�
appropriate will be held to finaliu the schedulcs
submitted in accordance with paragraph 2.6. T'he
finalized progress scbedule will be acceptable to the
CITY as providing an orderiy progression of the Work
to cvmpletion within the Contract Time, but such
acceptance a+ill neither impose on the CITY
responsibility for the progress or scheduling of che
Work nor nlieve CONTRACTOR �om full
responsibility therefor. 'Ibe fmalized schedule of Shop
L?rawing submissions will be acixptable to the C[TY as
providing a woricable arraagement for pcocessing the
subaussions. Ti�e finsilized schedule of values will be
acceptable to the CTI'Y �s to form and substance.
ARTICiE 3 - CONTRACT DOCUMENTS:
Q'VTENT, AMENDIIVG, REUSE
GC-4
INTENT:
3.1. The Contract Documents comprise the
entire aereement between the CTTY and
CONI'R�4CTOR concerning the Work. T'he Con�act
Documenu are complementary: what is called for by
oae is as binding as if called for by all. Tho Contract
Documents will be construed in accordance with the
laws of the State of Florida with venue in Pinellas
Counry, Florida.
3.2. It is the intent of the Contract Document�
to describe a functionally complete Project (or part
thereto) to be consuucted in accordance with the
Contract Documents. Any Work, materials or
equipment that may teasonably be inferred hom the
Con�act Documents as being required to produce the
intended result shall be supplied whether or aot
specifically called for. When words which have a well-
known technical or �ade meaaing are used to describe
Work, materials or equipment such words shall be
interpreted in accordance with that meaning. Reference
to standard specifications, manuals or codes of any
technical society, organization or �sociatioa� or to the
Laws or Regulations of any governmental authority,
whether such nference be specific or by implicadon,
shall mean the latest standard specificadon, manual,
code or Laws or Reguladons in effect at the ame of
opening of Bids, ezcept as may be , otherwise
specifically stai�d. However, no provision of any refer-
eaced standard specification, manual or code (whether
or not specifically incorporated by nference in the
Con�act Documents) shall be effective to change the
duties or responsibilidcs of tt�e CTIY, CONTRACTOR
or ENGINEER or any of their consultants, agents or
employees from those set forth in the Contract
Documents, nor sball it be effective to assign to
ENGINEERS, agents or employees, any duty or
authority to supervis� or direct the furnishing or
performance of the Work or any duty or authoriry to
undertake responsibility contmry to the provisions of
paragraph 9.15 or 9.16. Clarificadons and
iaterpretations of the Contract Documents shalt be
issuod by the ENGII�IF�R as provided in paragraph 9.4.
3.3. If, during the performance of the Woric,
CONTRACTOR finds a conflict, error or discrepancy
in the Contract Documents, CONTRACTOR shall so
nodfy the FNGINEER in writing, at once and befon
proceeding with the Woric affectcd thcreby shall obtain
a writtea interprotadon or clarificadon. In rosolving
conflicts resulting h�om euors or discrepancies in any of
th� Contract Documents, the order of precedence shall
be as foUovvs:
1. Change Order
2. Addenda
3. Agreement
4. Proposal
5. Supplemeatal General Conditions
6. Invitadon to Bid
7. Ins�uctions to Bidders
8. General Conditions
9. Technical Specifications
10. Contract Drawings
a. Dimensions
b. Full Siu Details
c. Full Siu Drawings
The captions or subtides of the several articles and
divisions of these Contract Documents consdtute no
part of the coatezt and hereof, but are only labels to
assist in locating and reading the provisions henof.
AMENDING AND SUPPLEhiENTING
CONTRACT DOCUMENTS:
3.4. The Conaact Documents may be amended
to provide for addidons, deletions and nvisions in the
Woric or to modify the terms and conditions thereof in
one or more of the following ways:
3.4.1. a focmal Written Amendment
3.4.2. a Change Order (pursuant to
paragraph 10.4), or
3.4.3. a Work Directive Change
(pursuant to paragraph 10.1).
As indicated in paragi�aphs 11.2 and 12.1, Coaoract
Price and Contract Time may only be chaaged by a
Change Order or by a Writien AmendmeaL
3.5. In addidon, the requirements of the
Contract Documents may be supplemeated, aad minor
variations and deviarioas in the Wodc may be
authoriud, in one or more of the foqowing ways:
3.5.1. a Feld Order (Qursuaut to
paragraph 9.5)
35.2. ENGIIdEERS approval of a
Shop Draaing or sauipk (piasuant to paiagraphs
6.26 and 62�, or
3.5.3. ENGINFERS written
interpretation or clarification (pursuant w
P��Ph 9.4).
REUSE OF DOCUMEN'TS:
�r��
3.6. Neither CONTRACTOR nor any
Subcontractor or Supplier or other person or
organization performing or furnishing any of the Work
under a dirzct or indirect con�-act with the CITY shall
hav� or acquire any tide to or owaership rights in any of
the Con�act Documents, drawings, technical
specifications or other documents used oa the work;
and, they shall not reuse any of them on extensions of
the Project or any other project without prior written
consent of the CITY and ENGIl�IFER
ARTICLE 4- AVAILABILTTY OF LANDS;
PHYSICAL CONDTTIONS; REFERENCE
POINTS
AVAILABILTTY OF LANDS:
4.1. The CITY shall fiirnish, as indicated in
the Conoract Documents, the lands upoa which the
Work is to be performed, rights-of-way and easements
for access thereto and such other lands which are
designated for the use of CONI'R�ACTOR Fasements
for permaneat suvctures or permaneat changes in
exisdng facilides will be obtained and paid for by the
CITY, unless otherwise provided in th�� Coatract
Documents. If CONTRAGTOR believes that any dalay
in the CTI'Y5 furnishing these lands. rights-of-way or
easements entides CONTR.AG'TOR to an cxteasion of
the Contract Time, CONTRAG'TOR may make a claim
therefor as provided in Article 12. CON'TRAGTOR
shall provide for all addidonal laads and access theroto
that may be r�quired for temporary cons�ucdon
facilities or storage of materials and equipmea�
4.1.1. Occupying Private Land: 'The
Coa�actor shall not (except aftez wriuen consent
from the proper parties) enter or occupy with
mea, tools� equipment or materials, any land
outside the rights-of-way or propaty of the Ciry.
A copy of the wriatn consent shall be given to
the CTTY.
4.1.2. Work in State, County and
City Rights-of-Way and Easements: When the
Wark involves the installation of sanicary
sewecs� storm sewers� drains, water mains�
manholes. undergtouad structures, or otbec
disturbances of eusting feanires in or across
sueet, rights-of-way� easoments. or other
prope:ty, the CONTRAC'TOR shall (as the Work
progresses) prompdy bacic-fill, compact, grade
and othetwise restoce the distiubed atea co a
basic condidon which will peraut resumpdon of
pedestrian or vehicular traffic and any other
critical activity or function consistent with the
original use of the land. Unsighdy mounds of
earth, lazge stones, boulders, and debris shall be
removed so that the site presents a neat
appearance.
4.1.3. Work Adjacent to Telephone,
Power, Cable TV and Gas Company Structurzs:
In all cazes where Work is to be performcd near
telephone, power, water, sewer, drainage, cable
TV, or gas company facilities, the Con�actor
shall provide writun notification to the
tespective compazues of the areas of which
Work is to be perfornled, prior to the actual
perforrnance of any Work in these azeas.
4.1.4. Use of Public Saeets: The uso
of public streets and alleys shall be suc6 as to
provide a minimum of inconvenieace to the
public and to other vehicular and non-vehiculaz
traff"ic. Any earth or ezcavated material spilled
�om trucks shall be removed by the
CONTRACTOR and tbe streots cleaned to the
satisfaction of the CTTY, the ENGINEER, the
Florida Department of Transportadon, or oti�er
agency or governmental entity having
jurisdiction. as applicable.
PHYSICAL CONDITIONS:
4.2.1. Explorations and Repocts:
Where applicable, teference is made in the
technical specificadoas, for identificatioa� of
those ceparts of explorations aad tests of
subsurface condidons at the site that have becn
ualiud by FNGII�IEF.R in pr�eparation of the
Coavact Documents. CONTRACTOR accepts
the site and any uaforeseen condidons in
accotdauce witA paragraph 4.4 of the
Instrucdoas co Bidders, and may nly upon the
accuracy of the technical data contained in such
reports. but not upoa aon-tecbnical dara.
intetpretadons„ or opinions contained therein or
for the wmpleteness for CONTRACTORS
Purposes, including, but not limited to, aay
aspects of the means. methods, techniques.
sequences and procedures of construction to be
employed by COIV'TRACTOR and safety
pncautions and programt incident thereto.
F�ccept u indicated 'w the ia�nnediuely P��B
seatence and in paragraph 4.2.6.
CONTRAGTOR shall have full cesponsibility
with respcct to subsurface conditions az the site.
GC-6
4.2.2. Ezisdng S�uctures: Where
applicable, reference is tnade to the technical
specificadons, for idcntification of those
drawings of physical conditioas in or celadng to
ezis�nng surface and subsurface strucnues
(except Underground Facilities referred to in
paragraph 4.3.1) which aze at or contiguous to
the siu that have bean utiliud by ENGINF.ER in
preparaaon of the Cona act Documents.
CONTR.AGTOR may rely upon the general
accuracy of the tcchnical data contained in such
drawings, but not for the completeness thereof
for CONTRACTORS purposes including, but
not limited to, any �spects of the means,
methods, techniques, sequences and procedtues
of construcdon to be employed by
CONTR�CTOR and safety precautions and
programs incident theroto. Except as indicated
in the immadiately preceding sentence and in
paragraph 4.2.6� CONI'RACI'OR shall have ful!
responsibility with respect to physical condidons
in or relating to such soructures. However,
where the dimensions and locadons of existing
struccures are of cridcal importaace in the
installation or conn�tion of new wurlc� tt�e
CONTRACTOR shall verify such dimecuions
and locations in tfie field before tha fabricatioa
of any materials or equipment whic6 is
dependent on the correctness of such
information There shall be no addidonal cost to
the CTTY for CQNTRAGTORS failure W vcrify
such dimensions and locadons, or for inaccurate
verifications by CONTRAGTOR
4.2.3. Report � of Differing
Condidoas: If CONTRACTOR beGeves tha�
42.3.1. Any technical data
on whic6 CONTRACTOR is endded to
rely as provided in paragraphs 4.2.1 and
4.2.2 is inaccurate. or
4.2.3.2. Any physical
conditioa uncovered or rovealed at the
sitt differs materially from that
indic.�tcd, reflexted or nfemd to in the
Contract Documents. CONTRACTOR
shall, Pcoa�gdy after becoming aware
tl�of aad before paforming aay Wodc
in coaaecdoa therewith (except in an
emerg�ocy as permiaed bY P�B�Pb
6.22.1)� aotify the CITY and the
FNGIl�IEER in wridng about th+e
inaccuracy or difference.
4.2.4. ENGINEER'S Review:
ENGIIVEER will prompdy review the pertinent
condicions, determine the necessiry of obtaining
additional exploradons or tests with respect
lhereto and advise the CITY in writing (wi[h a
copy to the CONTRACTOR) of ENGIIVEFR'S
findings and conclusions.
4.2.5. Possible Document Change:
If ENGINEER concludes that there is a maierial
error in the Contract Documents or that because
of newly discovered conditions a change in the
Contract Documents is cequired, a Work
Direc[ive Change or a Change Order will be
issued as provided in Article 10 to reflect and
document the consequences of the inaccuracy or
difference.
4.2.6. Possible Price and Time
Adjustmenu: In each such case, an increase or
decrease in the Con�act Price or an extension or
shortening of the Contract Time, or any
combinadon thenof. will be allowable to the
extent that thcy are attributable to any such
iaaccuracy or difference. If the CTI'Y aad
CONTRACTOR are unable to agre;e as to the
amount or length thereof, a claim'may be made
therefore as provided in Article 11 and I2.
PHYSICAL CONDITIONS - UNDERGROUND
FACII,IT7ES:
4.3.1. The informarion and data
shown or indicated in the Co�trxt Documents
with respect to existing Underground Facilities
at or condguous W the site is based on
information and data fiu'nished to the CITY or
ENGII�IEER by the owners of such Underground
Facilides or by others. "
4.3.1.1. T'he CITY and
ENGII�IEER shali not be responsible for
the accuracy or completeness of any
such information or data; and,
4.3.1.2. CONI'RACI'OR
shall have full responsibility for
nviewing and checldng all such
infocTnadon and data. Further, the
CONTRACTOR shall be respons�ble for
locating all Undergtound Facilities
whether or not shown or indicated in tl�e
Contract Documents, for coordinadon of
the Work with the owners of such
GC-7
Underground Facilities during
construction, for the safety and
protecdoa thereof as provided in
paragraph 6.20, and repairing any
damage thereto resulting fivm the Work,
the cost of all of which will be
considered as having been included in
the Contract Price,
4.3.1.3. All water pipes,
sa.nitary sewers, storm drains� force
mains, gas mains, or other pipe,
telephone or power cables or conduirs,
pipe or conduit casings, curbs.
sidewalks, service lines and all other
obstructions, whether or not shown,
shall be temporarily removed �om or
supported across utiliry line excavations.
Where it is necessary to temporarily
interrupt services, the CONTRACTOR
shall notify the owner or occupant of
such facilities both beforo the
interrupaon and again immediately
before service is resumed. Before
disconnecting any pipes or cables, the
CONTRACTOR shall obtaia permission
from their owner, or shaIl make suitable
arrangements for their disconnection by
their owner. The CONTRACTOR shall
be responsible for any damage to any
such pipes, conduits or cables, and shall
restore tfiem to service prompdy as soon
as the Work has progressed past the
point invoived. Approximau locations
of known water, sanitary, drainage,
natural gas, power, telephone and cable
TV installadons aloag the route of new
pipelines or in the vicinity of aew work
aze shown, but aze to be verified in the
field by the Contractor prior to
performing the work The
CONTRACTOR shall uncover these
pipes, ducts, cables, etc., carefully, by
hand prior to installing his Wortc. Any
discrcpancies or differences found shall
be immediately brought to the attentioa
of the ENGINEER in order that
necessary changes may be made to
permit installation of the Work.
4.3.2. If an Underground Facility is
uncovered or revealed at or conriguous to the
sitt which was not shown. nor located by the
facilities owner and which CONTRACT�R
could not nasonabiy have been ezpected to be
aware of, COIv'TRACTOR shall, promptly after
becoming aware thcreof and before perforcning
any Work affected thereby (excep[ in an
emergency as permitted by paragraph 6.22.1),
identify the ow�ner of such Underground Facility
and give written norice thereof to that owner and
to the CITY and the ENGIIdEER The
FNGINEER will prompdy review the
Underground Faciliry to determine the extent to
which the Contract Documents should be
modified to reflect and document the
consequences of the existence of the
Underground Facility, and the Contract
Documents will be amended or supplemented to
the extent necessary. During such time,
CONTRACTOR shall be responsible for [he
safery and protection of such Underground
Faciliry as provided in paragraph 6.20.
4.3.3. CONTRACI'OR shall only be
allowed an incre�se in the Conti-act Price or an
extensioa of the Contract Time, or both, to the
extent that they are aaributable to the eustence
of any such Undcrground Facility
CONTRACI'OR could not reasonably have bxn
expe�ted to have been aware of. If the parties
are unable to agree as to che amount or length
thereof, CONTRAC'TOR may make a claim
therefor �s provided in Articles 11 and 12.
REFERENCE POINTS:
4.4. 'Ibe CTTY shall provide engineering
surveys to establish reference points for conswetion
which in ENGIIIEERS judgment are aecessary to
enable CONTRACTOR to proceed with the Work�
CONTiLACTOR shall be respoasible for laying out the
Work (unless othetwise specified in the General
Requirements). shall protect and preserve the
established refaence points and shall make ao changes
or relocations without the prior writun approval of the
CI'IY. 'Ii�e CONTRACTOR s6a11 report to the
ENGINEER wheaever any teference point is lost or
destroyed or requires nlocatioa because of nccessary
changes in grades a locations, and shall be responsible
for the accurate replacemeat or rolocation of such
reference point� by professionally qualified persoanel.
ARTICLE 5- BONDS AND INSURANCE
BONDS:
GC-8
5.1. COi�tTRACTOR shall upon delivery of
the executed Agreement to the CITY furnish
Perfo�iance and Payment Bonds, each in an amount at
least equal to the Contract Price as security for the
faithfui performance and payment of all
CONTRACTORS obligations under the Con�act
Documents. 'I�►ese Bonds shall remain in effect at least
until one year after the date when final payment
becomes due, ezcept as otherwise provided by Law or
Regulation or by the Contract Documents.
CON'I'R.ACTOR shall also furnish such other Bonds az
are requir�eci by the Supplementary Conditions The form
and conditions of the Bonds and the Surery shall be
acceptable and sadsfactory to the CTI'Y and Surety
shall be a nationally recognized Surery Company
acceptable to the CIT'Y, listed on the current list of
"Companies Holding Certificates of Authority az
Acceptable Suredes on Federal Bonds and Acceptable
Reinsuring Companies" as published in Circular 570
(amended) by the Audit Staff. Bureau of Government
Financial Operations, V.S. Treasury Depat�ent, for
projects not exceeding (5500,000) five hundred
thousand dollars and meet the other requirements of
Florida Stamtes Section 287.d935 (1989). For projects
excx�ding five hundred ti�ousand dollars, all bonds shall
be pIaced with suredes with a Best Rating of no less
than A-IX. Bonds shall be exccuted and issued by a
msident agent, liceased and having an office ia Florida,
represenang such corporate suraties. If the
CONTRAGTOR is a partrurship, the Bond should be
signed by each of the individuals who are paruiers; if a
corporation, the Bond should be signed in the comect
corporate name by duly authoriud officer, agent or
attorney-in-fact There should be execnted an
appropriate aumber of counterparts of the bond
corresponding to the number of counterparts in the
Contract Each executai bond should be accompanied
by (a) appropriate aclaiowledgmeat of the respective
P�a: (b) aPP�Pnate duly certified copy of Power-of-
Attorney or other certiScation of authoriry where bond
is executed by agent, officer or other npresentative of
Con�ctor or Surery; (c) duly certified ex�act ftom by-
law5 or resoludons of Surery under which Power-of-
Attorney, or other certi5cate of Authority of its agent,
officer or representative was issued.
5.2. If the surery on any Bond fiunished by
CON'I'itAGTOR is decL�red baal�upt or becomes
insolvent or its right to do business is terminsiit�d in the
state of �orida or it aases W meet the requirements of
paragraph 5.1., CONI'RACI'OR shall within five days
thereafter substitute another Bond and Sur�ry, both of
whic6 must be in conformance with para�h 5.1.
CONTRAC'TOR'S INSURANCE:
5.3. General: CONTRAC'TOR shall
purchase and maintain such comprehensive general
liability and other insurance az is appropriate for the
Work being performed and fumished and as will
provide protecdon from claims set forth below which
may arise out of or result from CONTRACTOR'S
performance and furnishing of the Work and
CONTRACTORS other obligations under the Contract
Documents, whether it is to be performeti or furnished
by CONTRACTOR, by any Subcontractor, by anyone
direcdy or indirectly employed by any of them to
perform or furnish any of che Work. or by anyone for
whose acts any of them may be liable. Before starting
and during the term of this Contract, the
CONTR.ACTOR shall procure and maintain insurance
of the types and to the timiu specified in paragraph 5.4,
incl�sive below.
5.4. Coverage: Except as otherwise stated,
the amounts and types of ins�ance shall conform w the
following minimum requirements:
5.4.1. Workers' Compensation.
Coverage to apply for all employees for
Statutory L'units in compliance with the
appGcable State and Federal law�.
CONTRAGTOR shall require all subcontractocs
to maintain workers compensadon during the
term of the agreemeat and up to the date of final
acceptance. CONTRAC'TOR shall defend,
indemnify and save the CTTY and ENGINEER
darmless from any damage nsulang t� them for
failure of either CONTRAGTOR or any
subcontractor to take out or maintain such
insurance.
5.4.1.1. Employers'
Liabiliry with Statutory Limits of
S 100.000/5500,000/S 100�000.
5.4.1.2. Nodce of
Cancellation and/or Restriction. 'Ii�e
policy must be endorsed to provide the
City with thirty (30) days' writton nodce
of cancellation and/a restrictioa
5.4.1.3. If any operations
are to be undertakea on or about
navigable waters� coverage must be
included for tbe U.S. Longshoremea and
Har�or Workaz Act and/or Jones Act if
applicable.
GC-9
5.4.2. Comprehensive Genecal
Liability or Comrnercial General Liability
Coverage must be afforded on a form no more
restrictive than the latest edition of the
Comprehensive General Liabiliry Policy or
Commercial General Liability filed by the
Insurance Sen�ces Office, and must include:
S.d.2.1. Minimum Limits of
total coverage shall be 51,000,000.00
ger occurrence combined sir�gle limit for
Bodily Injury Liability and Properry
Damage Liabiliry, the basic policy to b�
in said form with any excess coverage
(and the carrier) to meet S 1,000.000.00
minimum to be acceptable to the CITY.
5.4.2.2. Premises and/or
Operations.
5.4.2.3. Independent
Contractor.
5.4.2.4. Products and/or
Complet�d Operations.
CON'TR�CTOR shall maintaia in force
until az least three (3) years afur
compledon of all services reguired
under the Contract, covetage for
products and completed operaaons,
including Broad Form Property Daa�age.
5.4.25. XCU Coverages.
5.4.2.6. Broad Form
Properry L)amage including Completing
Operations.
5.4.2.7. Broad Form
Contractual Coverage applicable to this
speci5c Convact� includ.ing any hold
harmless and/or indemnificadon
agreenteaL
5.4.2.8. Petsonal Injury
coverage with employees and
contractual exclusions nmovcd.
5.4.2.9. AddidoaalInsurad.
The CITY is to be specifically iacluded
as an additional insured (including
products).
5.4.2.10. Noace of
Cancellation and/or Restriction. 'I�e
policy miut b� endorsed to provide the
Ciry with thirty (30) days' wricun notice
of cancellatioa and/or restricoon.
5.4.2.11. The
CONTRAGTOR shall either require
each subcon�actor to procure and
maintain, during the life of the
subcon�act, insurance of the rype and in
the same auioun[s specified herein or
insure the ac4vities of subcoaa�actors in
his own insurance policy.
5.4.3. Business Auto Policy.
Coverage must be afforded on a fotm no moro
cestrictive than the latest edition of the Business
Auto Policy filed by the Insurance Service
Office and must include:
5.4.3.1. Minimum limit of
S 1,000,000.00 per occurrence combined
single liaut for Bodily In}ucy Liabiliry
and Property Damage Liability.
5.4.3.2. Owned Vehicles.
5.4.3.3. Hired and Non-
Owaed Vehicles
5.4.3.4. Employee Non-
Ownership
5.4.35. Notice of
Canctllation andlor Restriction. The
policy must be endorsed w provide the
Ciry with thirty (30) days' written notice
of canceUation aad/or restriction.
5.4.4. All Risk Ptoperty Instnance -
When Applicable. Coverage must inclvde neal
and persomt property and in aa aa�ount oqual to
the repl�eement cost of all nal aad pasonal
pcvperty of the GTIYS for afiich the
CONTRAC'I'OR is responsible and over wtuch
he exercises coatrol. Builders Risk insurance
must be provided to cover Property uader
conswctioa aad an Installadoa Float,er must
cova ail macbit�►. vessels, air conditioaers ot
electric generatocs w be insta!led. 'This
insurance shaIl include a aaiver of subrogatioa
� �o � Errcnv��, m� crrY, ��
CONTRACTOR, aad their respective offiars.
agents, employces, and subcontractocs.
GC-10
5.4.4.1. Covecage to be
provided on a full replacement cost
basis.
5.4.4.2. Losses in excess of
ten thousand dollars (S 10,000) shall be
joindy payable to the CON'TR.ACTOR
and the CIT'Y.
5.4.4.3. Waiver of
occupancy clause or warranty. Policy
must be specifically endors�d to
eliminate any "Occapancy Clause" or
similar warranty or representation that
the building(s). addition(s) or
structure(s) will aot be occupied by the
CTI'Y.
5.4.4.4. Maximum
Deductible - 55,000 each claim.
5.4.4.5. Copy of Policy. A
certi5ed copy of the policy must be
provided to the CITY prior W the
commencement of work.
5.4.4.6. Named Insured.
The CTTY must be included as a named
insured.
5.4.4.7. Notice of
Cancellation and/or Res�iction. Ttie
policy must be endorsed to provide the
Ciry with thirty (30) d.ays writttn nodce
of cancelladon and/or res�icaon.
5.4.4.8. Flood Insurance.
VYhen the buildings a structures are
located within aa identified spocial flood
haz.ard ares. Qood insurance protecoing
the interest of the CONTRACTOR and
the CiTY must be affordai fot tbe lesser
of the total insurable value of such
buildings a sttuct�aes, a, the maximum
amount of flood insurance coverage
available unda the National F]ood
Program.
5.4.5. A Best Ratin� of no tess tha�a
w - vm � ��a f� ,�y �;� �ha�a
caverage required uader tfie terms of tius
Contract Failure to comply with the insu�ance
roquicemeats as hercin pmvide� shall constiwte
defasilt of tt�is Agr�ement Neitber
CON'I'RACPOR or any subcontractor shall
coaunence work under the Contract uncil they
have all insurance required under this Section
and have supplied the CITY with evidence of
sucb coverage in the form of cenified copies of
policies (where required) and certificates of
inc�,m�nCt, and such policies and cerd5cates have
been approved by the CTIY. CONTRACI'OR
shall be responsible for and shall obtain and file
insurance certificates on behalf of its
subcontractors. All certified copies of policies
and certificates of insurance shall be filed with
the CI'I'Y.
ARTICLE 6 - CONTR�►CTOR'S
RESPONSIBILITIES
SUPERVISION AND SUPERINTENDENCE:
6.1. The CONTRACTOR has the obligation
to deliver to the CTTY the completed job in a good and
worlananlike condidon. CONTRACTOR shall
supervise and direct the Work complecely and
efficiendy, devoting such attendon thereto and applying
such skills and ezpertise as may be necessary to
perform the Work in accordance with the Contract
Documents. CONTRAC'TOR shall be solely
responsible for the means, methods, techniques,
sequen�es and procedures of construction, but
CONTRACTOR shall not be responsible for the
negligence of others in the design or selection of a
specific means, method, techaique, sequence or
procedure of coaswcdon which is required by the
Contract Documents. CONTRACTOR shaU be
responsible to see that the finishcd Work complies
accurately with the Coatract Documents. The
CONTRAGTOR shatl bear all losses resuldng on
account of the weather, fire, the elements. or other
causes of every Idnd or nature prior to �nal
Acceptance. The supervision of the execution of this
contract is vested wholly ia the CON'TRt�CTOR
6.2. The superintendent will be
CONTRACTORS ropreseatadve at the site and shall
have authariry to act on behalf of CONTRACTOR All
communications given to tfie superintendent shall be 3s
binding as if given to CONTRACTOR
LABOR, MATERIAIS AND EQiJIPMENT;
HOURS OF WORK:
6.3. COIVI'RACTOR shall providc
competeat, suitably qualified peraonnel to survey and
lay out the Work and perfocm construcdon as required
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by the Contract Documents. CONTRACTOR shall at
all times maintain good discipline and order at the site.
Except in connection with the safery or protection of
persons or the Work or property at the site or adjacent
thereto, and except as otherwise indicatcd in the
Contract Documen�s, all Work at the site shall be
performed during regular working hours, and
CONTR4CTOR will �ot permit overtime work or the
performance of Work on Saturday, Sunday or any legal
holiday without [he CITY'S written consent (which
shall not be unreasonably withheld) given after prior
writtea notice to E'�i 1GINEER The CONTRACTOR is
hereby informed, and understands that unless otherwise
approved by the City, the City restricts the work
between the hours of 5:00 p.m. and 8:Q0 a.m., unless
emergency conditions exist that are endangering life or
property as may be determined by the CTI'Y. If the
CONTRACTOR is authorized to operate equipment
twenty-four (24) hours per day, the engines shall be
provided with residcntial rype silencers approved by the
CTI'Y.
6.3.1 The CONTRACI'OR shall
rer,Eive no additional compensation for overtime
work. However, additional compensation will
be paid to the CONTRAGTOR for overtime
work only in the event extra worlc is ordered by
the ENGINF_ER and the change order
specifically authorizes the use of overtime work
and then only to such extent as overtime wages
acz regularly being paid by the CONTRt�CTOR
for overtime work of a similar nature in the same
locality.
6.3.2 All costs of inspection and
testing performed by the CITY during overtime
work by the CONTRACTOR which is allowed
solely for the convenience of the
CONTRAGTOR shall be borne by the
CONTRACI'OR 'Ii�e CTIY shall 6ave the
authociry to deduct the cost of all such inspection
and testing �om any partial paymenu otherwise
due to the CON'TRACTOR. For all work
performed on 6olidays and weekends a fee of
S250 per day will be charged to the
CONI'RACTOR, to cover the cost of Largo
Engineering Inspectors. Notice must be
submitted at least two whole working days prior
to subsequent holiday and/or weekend.
6.4. Unless otherwise specified in the
General Requirements, COI�I'IR�CTOR shall furnish
and assume full responsibility for all materials,
equipment, labor. trsnsportation, conswction
equipment and machinery, tools, appliances� fuel,
power, light, heat, telephone, water, sanitary facilitics, CONTRACTORS achievement of Substantial
temporary facilities and a11 o[her faeilities and Completion on time, whether or not acceptance
incidentals necessary for the fiunishing, perforcnance, of che substitute for use in the Work will require
tescing, start-up and final completion of the work. a change in any of the Conuact Documents (or in
the provisions of any other direct con�act with
6S. All u�aterials and equipment shall be of the CTIY for work on the Project) to adapt [he
good quality and new, except as otherwise provided in design to the proposed substitute and whether or
the Con�-act Documents. If required by ENGINEER, not incorporation or use of the subsritute in
COIJ'TRACTOR shall furnish sadsfactory evideace connectioa with [he Work is sub}ect to payment
(including r�ports of required tests) as to the ldnd and of any license fee or royalty. All variations of
quality of materials and equipmen� All materials and the proposed substitute from that specified will
equipment shall be applied, installed, connected, be identified in the application and available
erected, used, cleaned and condidoned in accordance maintenance, repair and replacement service will
with the instrucdons of the applicable Supplier except be indicated. The application will also contain
as otherwise provided in the Contract Documents; but an itemized estimate of all costs that will result
no provision of any such instructions will be effective directly or indireccly from acceptance of such
to assign to the CITY, ENGINEER, or any of the subsdtute, including costs of redesign and claims
CITYS or ENGII�IEERS consultancs, agents or of other contractors affected by the resulting
emp(oyees, any dury or authoriry to superviso or direct change, all of which shall be coasiderod by
the furnishing or perfonnance of the V1�ork or any duty ENGINEER in evaluating the proposed
or authority to undertake responsibiliry concrary to the subscitute. ENGINEEFZ may require
provisions of paragraph 9.15 or 9.16. CONTRACI'OR to furnish at CONTRACTORS
ezpense additiona] data about the proposed
ADJUSTII�IG PROGRESS SCHEDULE: substitute.
6.6. CONTRACTOR shall submit to
ENGINEER for review and comment (to the eztent
indicated in paragraph 2.9) adjustments in the progress
schedule to reflect the impact thercon of new
developments; these will conform generally to the
progress schedule then in cffect and additionally will
comply with any provisions of the General
Requirements applicable thereto.
SUBSTTTUTF.S OR "OR-EQUAL" TTEMS:
6.7.1. The technical specifications
shall govern the use of substitute or "or-equal"
items. 'Iiu procedure for czview by ENGINE.ER
will include the following as suppletnented in the
technical specifications. Requests for nview of
substitute items of material and equipment will
not be accepted by FNGINEER from anyone
other than CONI'RACTOR If CON'I'RACTOR
wis6es to furnish or use a substitute item of
material or equipment, CONTRACTOR shall
make written application to ENGII�IEER for
acceptance thereof, certifying that the propo�cd
substitute will perfotm equally or better the
functions and achieve the rosults called for by
the geaeral design, be sunilar and of cqual
substance to tlwt specified and be suited to the
same use 3s that specified. The applicadon will
state that the evaluadon and acceptance of the
proposed substitvte will not prejudice
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6.7.2. If a specific means, method,
technique, sequence ot proced�e of construction
is indicated in or required by the Conttact
Documents, COIVTR.ACI'OR may fumish or
utilize a substitute means, mtthod, sequence,
tec�quc or procedure of construction
acceptable to ENGIIIEER, if CONTRACTOR
submits sufficieat information to allow
ENGIl�IEER to determinc that the substiruu
proposed is equivaleat to that indicated or
requirr.� by the Contract Documnents. The
procedure for review by ENGIIIEER wiA be
similar to that provided in paragraph 6.7.1 as
applicd by ENGINEER and as may be
supplemented in the Technical Specifications.
6.7.3. ENGINEER will be allowed a
reasonable rime within wtuch to evaluate each
• proposed substitute. ENGINEER will be the
sole judge of acceptability, and no substitute will
be ordered, installed or utilizcd without
FNGIIVEERS prior wriaen acceptance which
will be evidenced by either a Change Orda ar aa
approvcd Shop Drawing. The CTTY may
requirz the CONTRACTOR to furnish ac
CONTREICTORS expense a spccial
performance guarantee or other surety with
respect to any substimte.
CONCERNING SUBCONTR�CTORS,
SUPPLIERS AND OTHERS:
6.8.1. CONTR�CI'OR shall not
employ any Subconu-actor, Supplier or other
person or organization (including those
acceptable to the CITY and the ENGL'r�ER as
indicated in paragraph 6.8.2), wi}ether inidally or
as a substitute, against whom the CITY or che
ENGINEER may have re�sonable objection.
CONTRACTOR shall not be required to employ
any Subcon�ac[or, Supplier or other person or
organization to furnish or perform any oF the
Work against whom C0�1'I'RACTOR has
reasonable objecdon.
6.8.2. If the Technical Speci.ncations
or Contract Documea�s require the identity of
certain Subconoractors, Suppliers � other
persons or organizations (including those who
are to fiunish the principal items of matrials and
equipment) shall be submitted to the C1TY for
acceptance by the CITY and ENGIIVEER, and if
CONTRACTOR has submittcd a list thaeof, the
CITY or ENGINEERS acceptance (eicher in
writing or by failing to make writtcn objection
thereto by the date indicated for acceptance or
objection in the bidding document� or the
Con�act Documents) of any such Subcontraccor,
Supplier or other person or orgaaizarion so
identificd may be revoked on the basis of
reasonable objection after due investigadon, in
which case CONTRACTOR shall submit an
acceptable substitute. If after bid openi.ng and
prior to the award of the contract, the CTI'Y
objects w certain su�pliers or subcon�actrns, ttie
CTTY may permit CON'IRACTOR to submit an
acceptab)e substitute so long as there is no
change in the con�ct price or contract time. If
the contract price or contract time is increaxd.
the CTI'Y may rennu the bid bond and award the
contract to the next quali5ed, competent bidder.
If after the award of the contract, the CTTY
objxts to certain su�pliers or subconnacton, the
CITY shall permit CONTRACTOR to make an
appropriate and acceptable subsritudon which is
also acceptable to the CTI'Y. No acceptance by
the CITY or the ENGINEER of any such
Subcontractor, supplier or ott�er per�on or
organizadon shall constitutt a waivu of any
right of the CITY or FNGIIVEER to reject
defective Work.
6.9. CONTRACTOR shall be fully
responsible to the CITY and ENGIIJEER for all acts
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and omissions of the Subcoa�actors, Suppliers and
other persons and organizations performing or
fiunishing any of the Work under a direct or indirect
conuact wlth CONI'RACTOR just as CONIRACTOR
is responsible for CONTRACfQR'S own acts and
ornissions. Nothing i❑ the Contract Docwmenu shall
create any con�actual relatioaship between the CTIY or
the ENGINEER and any such Subconoractor. Supplier
or other person or organization, nor shall it create any
obligadon on the part of the CITY or ENGINEER to
pay or to see to the payment of any moneys due any
such Subcontractor, Supplier or o[her person or
organizadon except as may otherwise be required by
Laws and Regulaaons.
6.10. The divisions and sections of the
Technical Specifications and the identifications of any
Drawings shall not con[rol CONTRACTOR in dividing
the V4'ark among Subcontractors or Suppliers or
delineating the Work to be performed by any specific
trade.
6.11. All Work pedormed for
CONTRACTOR by a Subconvactor will be pursuant to
an appropriate agrcement between COM'RACTOR and
the Subcontractor which specificalty binds the
Subcontractor to the applicable ternu and conditions of
the Conti-act Documsnrs for the benefit of the CTI'Y and
the ENGINEER
PATENT FEES AND ROYALTIE.S:
6.12. CONTRACTOR sha11 pay all license
fees and royalties and assume all cosu incident to the
use in the perfocmance of Work or the incorporadon in
the Work of any invencion. design, process, product or
device which is the subject of patent rights or
copyrights held by others. If a paRicular invention,
design, process. product or device is specified in the
Contract Documents for use in the performance of the
Work and if to the actual knowledge of the CTIY or
ENGINEER its use is subject to patent rights or
copyrights calling for the payment of any Gcense fee or
royalty to other, the existeace of such rights shall be
disclosed by the CITY in the Conti--act Documents.
CONTRAGTOR shall indemnify, defend and hold
hazuiless the CITY and anyone direcdy or indireccly
employed by the CITY from and against all claims,
damages, losses and expeases (including attornoy's fees
and court cosu) arising out of any claims of an
ic�ingement of patent rights. copyrights, trade marks
trade secreu or proprietary information incident to the
uu in the perfocmance of the Worlc or resulting �m
the incorgoradon in the Work of any invendon, design.
process, product or de�ice not specificd in thc Con�act
Documents, and shall defend all such claims in
connecdon with any alleged infiingcment of such rights.
This indemnification provision shall survive che
terminatioa of this agreemen�
PER�tiLI'I'S:
6.13. CONTRACI'OR shall obtain and pay for
all conswcaon permits and licenses. T�e CITY shall
assist CONT'R4CT'OR, when necessary, in obtaining
such permits and licenses. CONTRACTOR shall pay
all governmental charges and inspection fees necessary
for prosecution of the Work, which are applicable at the
dme of opening of Bids. There w111 be no cost for
permits issued by the CTI'Y. CONTRACTOR shall pay
all charges of utiliry for connections to the Work, and
the CTIY shall pay all charges of such utility owners for
capital cosu telated thereto such 3s plant invesmnent
fees.
I.AWS AND REGULATIONS:
6.14.1. CONTRACTOR shall give aIl
notices and comply with all laws, ordinances,
niles and regulations applicable to furnishing
and performance of the Work. Except where
otherwise expressly required by applicable laws,
ordinances, rules and teguladons, neither the
CTTY nor the ENGINEER shall be responsible
for monitoring CONTRAGTOR'S compliance
with any Laws, ordinances� rules or regulations.
6.14.2. If CONTRACTOR observes
that the Specifications or Drawings are at
variance with any laws. ordinances, rules or
rogulations, CONTRACTOR shall give CTTY
and ENGIl�IEER prompt, written notice thereof,
and any necessary changes will be authoriud by
one of the methods indicated in Paragraph 3.4.
If CONI'RACTOR pedo�ms any Woric
knowing or having nason to know that it is
contrary to such laws, ordinances, rules or
regulations, and wichouc such noace co chc CTI'Y
and ENGII�IEEEER, CON'IRACTOR shall bear ail
costs arising therefrom; however, it shall not be
CON'TRACTORS primary respoasibility to
make cettain that the. Specifications and
Drawings are in accordance with such laws,
ordinances. rules and regulations.
TAXFS:
6.15. CONTRACI'OR shall pay all sales,
consumer. use and other similar taxes required to be
paid by CONTRACTOR in accordance with che laws,
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ordinances and regulations of the place of the Project
w•hich are applicable during the pecformance of the
Work.
USE OF PREl�1ISES:
6.16. CONTRACTOR shall confine
cons�uction equipment, che storage of materials and
equipment and [he operations of workers to the project
site and land and are3s identified in and permitted by
the Contrac[ Documents and other land and areas
permitted by laws, ordinances, and regulations, rights-
of-way, permiu and easements, and shall not re�onably
encumber the premises with construction equipment or
other materials or equipmen� CONTRACTOR shall
asstune full responsibiliry for any damage to any such
land or area, or to the owner or occupant thereof or of
any land or areas contiguous thereto. resulting from the
perfoc�mance of the Work. Should any claim be made
against the CTI'Y or IIJGINEER by any such owner or
occupant because of the performance of the Work,
CONTRAGTOR shall prompdy attempt to settle with
such other party by agreement or otherwise resolve the
claim. CONTRACTOR shall, to the fullest extent
permiued by laws and regula[ions, indemnify, defend
and hold th� CTIY and ENGIIIEER harmless frorn and
against all claims, damages. losses and expenscs
(including, but not limited to. fees of engineers.
architects, attorneys and other professionals and court
cos[s) arising dir�cdy, indirectly or consequentially out
of any acdon, legal or equitable, brought by any such
other parry against the CTI'Y or ENGII�IF.ER to the
extent based on a claim arising out of
CONTRACTORS performance of the Work. This
indemnification provision shall survive the termination
of this agreemen�
6.17. During the progress of the Work,
CONTRACTOR shall keep the premises free from
accumulations of wasfe materials, rubbish and other
debris resulting from the Work At the completion of
the Work CONTRACTOR shall nmove all waste
materials. rubbish and debris fi-om and about the
promises as well az all tools. appliances, conswction
equipment and machinery, and surplus materials, and
shall lcave the site clean and ready for occupancy by the
CITY. CONI'RACTOR s6all restoce to original
condition all property not designated for alteration by
the Contract Documeats.
6.18. CONTRACTOR shall not load nor
permit any part of any swcture to be loaded in any
manner that will endanger the structure, nor shall
CONTRAGTOR subject any part of the Work or
adjacent property to s�esses or pressures that will
endangeri�
RECORD DOCUMENTS:
6.19. CONTRACTOR shall maintain in
accordance with the Technical Specificadons ia a safe
place at the site one record copy of all Drawings,
Specifications, Addenda, Written Amendments, Change
Ordecs, Work Directive Changes, Field Orders, and
written interpretaaons and clarifications (issued
pursuant to paragraph 9.4) in good order and annotated
to show all changes made during consttuction. The
record documents together wi[h all approved samples
and a counterpart of all approved Shop Drawings will
be available to the ENGIIIEER for reference. Upon
completion of the Work, these record documents,
samples, and Shop Drawings will be delivered to
ENGINEER for the CITY.
SAFETY AND PROTECTION:
6.20. CONTRACI'OR shall be responnble for
inidating, main[aining and supervising all safety
precaudons and programs in coanecdon with the Work
CONTRACTOR shall talte all necessary precaudons
for the safety of, and shall provide t6e neccssary
protection to prevent damage, injury or loss to:
6.20.1. all employees oa the Work
and other persons and organizations who may be
affected thereby;
6.20.2. all the Wotk and materials and
equipment to be incorporatcd therein, whethcr in
storage on or off the site; and
6.20.3. other property at the site or
adjacent therew, including orees, shrubs, lawns,
walkS, pavements� roadways. structures. utilides
and Uaderground Facilities not designated for
removal, relocation a replacement in the cou�e
of conswcoion. CONTRAGTOR shall cocnply
with al! applicable laws, ordinances� cules and
regulations � of any public body having
jurisdiction for t6e safery of persons. or properry
or to protect them from dau�age, injury or loss on
or off the Work and shall erect and maintain all
necessary safeguards for such saf�ry and
protcctioa COIVTRACTOR s6all nodfy ownecs
of adjacent ptoperty and of Underground
Facilides and utility owners when prosocution of
the Work may affect them, and shall cooperate .
with them in the protection. removal, relocation
and replacement of their property. All damage.
GC-15
injury or loss to any properry referred to in
paragraph 6.20.2 or 6.20.3 caused, direcdy or
indirecdy, in whole or in part, by
CONTRACTOR, any Subcon�actor, Supplier or
any other person or organization dirccdy or
indirectly employed by any of them to perform
or furnish any of the Work for anyone for whose
acts any of them may be liable, shall be
remedied by CONTRACTOR (except damage or
loss anributable to the fauit of Drawings or
Specifications or to the acts or ornissions of the
CTTY or the FNGINEER or anyone employed
by either of them or anyone for whose acts either
of them may be liable, and not attributable,
direcdy or indirectly, in whole or in part, to the
fault or negligence of CONTRACTOR).
CONI'RAGTOR'S duties and responsibilities for
the safety and prouction of the Work shall
continue unal such oime as all th� Work is
complcted and FNGINEER has issued a nodce
to the CTTY and CONTRACTOR in accordance
with paragraph 14.13 that the Work is acceptable
(except as otherwise expressly provided in
conne�tion with Substantial Completion).
The safety provisions of applicable laws and
building and construction codes shall be
observed and the Contractor s6all take or cause
to be takea such additional safery and hcalth
measures as the I.ocal Public Agency. involved
may determine to be nasonably necessary.
Machinery, equipment and aIl hazards shall be
guarded in accordance with the safery provisioas
of the "Manual of Accident Prevenaon in
Coaswction" as published by the Associated
General Coatractors of America, Inc., to the
eztent that such provisions are not in conflict
with applicable laws.
The Conaactor shall maintain an accurate record
of all cases of death, occupational disease, or
injury requiring medical auenoon or caasing loss
of time from woric� atising out of an and in the
course of employmcnt on Work under tt�e
Cona�acL The Contractor shall prompdy fianish
the Local Public Agency with reports concerning
these mauers.
6.21. CONTRACTOR shall designate a
responsible representative at the sitt whose duty shall
be the prevention of accideats. 'Ihis person shall be
CON'I'RACTORS superintendent unless otherwise
designattd in writing by CONTRACTOR to the CITY.
E1�fERGENCIES AND PRECAUTIONS DURING
ADVERSE WE�iTHER:
6.22.1. In emergencies affecting the
safety or protection of persons or the Work or
property at the site or adjacent thereto.
CONTRACTOR, without special instrucdon or
authorizadon from ENGINEER or thc CTI'Y, is
obligated to act to prevent threatened daznage,
injury or loss. CONTRACTOR shall give
ENGINEER prompt written nouce if
CONTRACTOR believes that any significant
changes in the Work or variadons from the
Contract Documenu have been caused thereby.
Lf ENGIIIEER determines that a change in the
Con�act Documents u required because of the
acUon taken in response to an emergency, a
Work Directive Change Order or Change Order
will be issued to document the consequences of
the changes or variations.
6.22.2. During adverse wcathcr, and
against the possibiliry thereof, the
CONTRACTOR shall take all necessary
precaudons to ensure that� the Work shall be
donc in a good and woriananlike condition and
is satisfactory in all respects. When�required,
protecdon shall be provided by the use of
tarpaulins, wood and building paper shelters, or
other acceptable means. The CONTRAGTOR
shall be responsible for all changes caused by
adverse weather, including unusually high winds
and water levels and he shall take such
precautions and procure such additional
insurance as he dams prudent� The
ENGINEER may suspend construction
operarions at any time when, in his judgment, the
conditions aze unsuitable or the proper
precautions ace noc being taken. whatever the
weather or water level conditions may be, in any
season.
SHOP DRAWIlVGS AND SAMPLFS:
6.23. Aftcr checldng aad verifying all field
measurement� and after complying with applicable
procedures specified in the General Requirements,
CONTRACTOR shall submit to ENGIIVEER for
review in accordance with the accepte� schcdule of
Shop Drawing submissions (see paragraph 2.9),
ordinances, rules and all Shop Drawings w6ic6 will
bear the stamp thai CONTRACTOR haz sadsfied
COM'RACTORS nspoasibilities unda tbe Coa�act
Documents with respect to the review uf the
submission. All subanissioas will be identified as
GC-16
ENGINEER may require. The data shown on the Shop
Drawings will be complete with respect to quantities,
dimensions, specified performance aad design criteria,
materials and similar data to enable FNGINEER to
review the infocznation as required.
6.24. CONTRACTOR shall also submit to
ENGINEER for rcview and approval with such
prompmess as to cause no delay in VVork, all samples
required by the Conu-act Documents. All samples will
have been checked by and accompanied by a specific
written indication that CON'I'RACI'OR has satisfied
CONTRACTORS responsibilities under the Contract
Documents with respect to the review of the submission
and will be identified clearly as to material, Supplier,
pertinent data such as catalog numbers and the use for
which intended.
6.25.1. Before submission of each
Shop Drawing or sample CON'I'RACI'OR shall
have determined and vcrified all quantiQes,
dimensions, spec�ed performance criteria,
installation requirements, materials, catalog
numbers and similaz data with nspect thereto
and reviewed or coordinated each Shop Lhawing
or sarnple with other Shop Drawings and
samples and with the requirements of the Work
and the Con�-act Documents.
6.25.2. At the time of each
submission, CONTRACTOR shall give
ENGII�tEER specific writun notice of each
variation that the Shop I?rawings or samples may
have from the requirements of the Convact
Documents, and, in addition shall cause a
speci5c notation to be made on each Shop
Drawing submittad to ENGINEER for roview of
each such variatioa
6.26. ENGINEER will review within ten days
of receipt thereof, Shop Drawiags aad samples but
ENGINEERS ceview will be only for conformance
with the design concept of the Project and for
coenpliance with the information given in the Contract
Documents and shall not eatend to means, methods,
techniques, sequences or procedures of construction
(except wt�eiz a specific means, method, technique,
sequence or procedure of construction is indicated in or
required by the Contract Documents) or to safety
pncaudons or programs incident thenw. The nview
of a separate item as such will not indicaue review of ttu
assembly in which the item functions. CONTRACTOR
shall make cotrections required by ENGIIdEER, and
shaU retum the required number of corrccted copies of
Shop Drawings and submit �s required new samples for
review. CONTRACI'OR shall d'uxt specific attention
in wriang to revisions ocher than the correcaons called
for by ENGIIv'EER on pre�ious subauttals.
FNGINEER will re��ew one (1) resubmittal for each
shop dmwing or product data. All cosu of reviewing
addi[ional submittals shall be at the CONTR�CTORS
expense.
6.27. ENGINEER'S review of Shop Drawings
or samples shall not relieve CONTRACTOR �om
responsibility for any variation from the requirements
of the Contr-act Documents uriless CONTRACTOR has
in writing called ENGIl�tEERS attention to each such
variation at the time of submission as required by
pazagraph 6.25.2 and ENGINEER has given written
approval of each such variation by a specific written
notation thereof incorporated in or accompanying the
Shop Drawing or sample approval; nor will any review
by FNGIIVFER relieve CONTRACTOR from
responsibiliry for errors or omissions in the Shop
Drawings or from responsibility for having complied
with the provisions of paragraph 6.25.1.
6.28. When a Shop Drawing or sample is
required by the SpeciScadons, aay related Work
performed prior to ENGII�JEER'S review and
acceptance of the pertinent submission will be the sole
ezpense and responsibility of CONTRAGTOR
CONITNUIIVG TSE WORK:
6.29. CONI'RACI"OR shall caay on the Woric
and adhere to the progress schedule during all disputes
or disagr�ements with the CITY. No Work shall be
delayed or postpoaed pending rrsolution of any
disputes or disagreements� except as permitted� by
paragraph ISS or as CONTRAGTOR and the CITY
may othenvise agru in writing.
II�DEMNIFICATION:
6.30. The parties recogniu that the
Contractor is an independent contractor. The
Contra�tor agrxs w assume liab�iry for aad indeumify,
hold harmless, and defend tbe City, its commissioners�
mayor, officen, employees, agents, and attoraeys of,
from, and against alI liabiliry and expense, including
reasonable attomey's fees, in coanection with any and
all claims, demands, damages, actioas, causes of action,
and suit� in equity of whatever iand or nana�e,. including
claims for personal injury, property damage, equitable
relief. or loss of use. to the extent caused by the
negligence, rccklessness, or intendonally wrongful
conduct of the Con�actor, its agents, officers,
contracton, subcontractors, employees, or anyone else
GC-17
utilized by the Contractor in the performance of this
Agreemen� The Contr-actoi's liability hereunder shall
include all attomey's fees and cosu incurred by the City
in the enforcement of this indemnificadon provision.
This includes claims made by the employees of the
Contractor against the Ciry and the Contractor hereby
waives its entidement, if any, to immunity under
Section 440.11, Florida Statutes. Such obligations
contained in this provision shall sunZVe terminadon of
this Agreement and shall not be limited by the amount
of any insurance required to be obtained or maintained
under this Agreemen[.
Subject to the limitadons set forth in this Section,
Convactor shall assume control of the defense of any
claim asserted by a third party against the City and, in
connecdon with such defease, shall appoint lead
counsel, in each c.3se at the Contractor's ezpense. The
Ciry shall have the right, at its option, eo participate in
the defease of any third puty claim. without relieving
Con�actor of any of its obligadons hereunder. If the
Con�actor assumes control of the defense of any third
party claim in accordance with this paragraph, the
Contractor shall obtain the prior written consent of the
Ciry before entering into any seulement of such claim.
Notwithstanding anything to the con�ary in this
Section, the Coatractor shall not assume or maintain
Gontrol of the defease of any third parry claim, but shall
pay the fees of counsel retained by the City and all
eapenses, including experts' fees� if (i) an adverse
determinadon with respect to the third parry claim
would, in the good faith judgment of the Ciry, be
deorimeatal in aay material respect to the City's
reputarion; (ii) the third parry claim seela an injunction
or equitable relief against the Ciry; or (iii) the
Contractor h�s failad or is failing to pros�cute or defend
vigorovsly the third party claim. Each pazty shall
cooperate, and cause its agents to cooperate, in the
defense or prosecudon of any third party claim and
'shall finnish or cause to be furnished such iecords and
information, and attend such confereaces, discovery
proceedings, hearings, trials, or appeals, as may be
reasonably requesttd in connection therewith. It is
fiuther the speci5c intent and agrcement of said parties
that all the Conttact Documeats on this Project are
hereby amended to include the foregoing
indemaificarioa CONTRACTOR ez�rzssly agnrs that
it will not claim. and waives any claim. that this article
violates Section 725.06, F7orida Statutes or are
unenforceable pu�suant to Section 725.06, Florida
StaNtes.
ARTICLE 7 - OTHER tii'ORK
x��� woRx AT srrE:
7.1. The CITY may perform o[her work
rrlated to the Project at [he site by the CITYS own
forces, let o[her direct contracts therefor which shall
contain General Condicions similar to these. If the fact
ctiat such other work is to be performed wss not noted
in the Con�act Documents, written notice thercof will
be given to CONTRACTOR prior to starting any such
other work; and, if CONTRACTOR betieves that such
Ferformance will involve addidonal cime and the pazties
are unable to agree as to the extent thereof,
CON'TR�'�CTOR may make a claim therefor as
provided in Articles 11 and 12. If the performance of
additional Work by other Contractor or the CITY is
noted in the Contract Documents, no additional
adjustment of time or compensation shall be
considered.
7.2. CONI'RACfOR shall afford each Udlity
owner and other conti-actors who aro a party to such a
direct conoract (or the CITY, if the C1T'Y is performing
the additional wocic with the CTIYS employees) proper
and safe ac.crss to the site and a reasonable opportuniry
for the in�oduc[ioo and storage of materiaLs and
equipment and the execution of such work, and shall
properly coanect and coordinate tbe work with theirs.
CONTRACTOR shall do all cuarng, fitting and
patching of the Work that may be requircd to make its
several parts come together properly and integrate with
such other work CONTRACTOR shall not endanger
any work of otbers by cutting, ezcavacing or otherwise
altering their work and will only cut or alter their work
wich the written conseat of the CTIY awd ENGII�IEER
and the others whose work will be affected. 'Iiu duties
and responsibilities of CONTRACTOR under this
paragraph are for the benefit of th� CTI'Y and other
convactors to the extent that there are comparable
provisioas for the beae5t of CONTRACTOR in said
direct contracts betwezn the CTI'Y and otiier
contractors.
7.3. If any part of CONTRAGTORS Work
depends for proper execution or results upon the work
of any such other coatractor (or the CITY),
CONTRACTOR shall inspect and prompdy report to
ENGINEER in writing any delays, defects or defi-
ciencies in such other wotk that render it unavailable or
unsuitable for such proper execution and results of
CONIRACTORS wotk CONTRACTORS failure tu
report will constitute an xceptance of the other work as
fit and proper for integration wich CONTRACTOR'S
GC-18
�i'ork czcept for latcnt defecu and deficiencies in the
other work
COORDINATION:
7.4. If the CI'I'Y conuacu with others for the
performance of other work on the Project at the site, the
person or organization who will have authoriry and
responsibility for coordination of the activities among
the various prime contractors will be identified in the
Technical Specif�cations and the specific matters to be
co�•ered by such authoriry and responsibility will be
itemized, and the eztent of such authoriry and
responsibilities w111 be provided in the Technical
Specificatioas. Unless otherwise provided in the
Technical Specificadons, neither the CI'I'Y nor the
ENGLNEER shall have any authoriry or responsibiliry
in respect of such coordination.
ARTICLE 8- THE CTTY'S RESPONSIBILTTIFS
8.1. The CITY shall issue all
communications to CONTRACT'OR through
ENGINEER.
8.2. In case of termination of the employmeat
of ENGINEER, the CITY shall appoint a consultant
whose status under the Contract Documents shall be
that of the former ENGINEER
8.3. 'Ii�e CTTY shall furnish the data required
of the CTI'Y under the Contract Documents prompdy
and shall malce payments to CONIRACTOR prompdy
after they are due as provided in paragraptu 14.4 and
14.13.
8.4. The CTTYS duties in respect of
pro��ding lands and eazemeats and providing
engi.neering surveys to establish refaznce points are set
forth in paragraphs 4.1 and 4.4. Paragraphs 4.2.1 and
4.2.2 refer to the CITYS identifying and making
available to CONTRACTOR copies of all reports of
ezploradons and tests of subsurface condidons at the
site and in existing structures which have been utilized
by ENGIl�IEER ia preparing the Drawings and
Specificativns.
8.5. The CITY is obligated to ezecute
Change Orders as indicated ia paragraph 10.4.
8.6. In connection with the CIT'Y'S right to
stop Work or suspend Work s� p�&�aPh 13.10 and
15.1. Paragraph I5.2 deats wich the C1TY'S right to
tertninate services of CONTRACTOR.
ARTICLE 9- ENGINEERS STATUS DURING
CONSTRUCTION
C1T1"S REPRFSENTATIVE:
9.1. The ENGINF.ER wiu be the CI1YS
representative dcuing the construcdon period. The
dutirs and responsibilities and the limitaaons of
authority of ENGWEER and the CITYS representadve
during construction are set forth in the Contract
Documencs and shall not be extended without written
consent of the CTTY and ENGINEER.
VISITS TO SITE:
9?. A.fter written nodce to proceed with the
work, thc ENGIIYEER shall make visits to thc site at
intervals appropriate to the various stages of
consuvction to observe the progress and quality of thc
executed Wor1c and to determine, in general, if the
Work is proceeding in accordance with the Coatract
Docnments; he will not be responsible for the con-
swction. means. methods� procedures, teehniques and
sequences of consuvctioa �nd he will not be
responsible for the CONTRACI'OR'S failure to
perform the coastruction Work in accordanee with the
Contract Documents; he will not be responsible for
safety precautions and procedures in eonnection with
the Work; and during such visits and on tha basis of his
on-site observadons, as an experienced and qualified
design professionat, he will kap the CTTY infocmed of
the progtess of the wock, will endeavor to gua�rd the
CTIY against defects and deficiencies in the Work of
the Con�actor aad may roject Wor1c as failing to
conform to the Contract Docum�nts.
PROJECT REPRESENTATION:
9.3. A Resident Projexi Representarive may
be assigned m assist ENGINEER ia curying out his
responsibilities to GI'I'Y u the sitt. Resident Project
Representative is FNGIIVEF.R'S agent at site, will act as
d'uected by and under the supervision of ENGINEER,
and will confer with ENGIl�IF.ER regarding Rasident
Representadve's acdons. Resident Project
Regresentative's dealiag in matters pertaining to the on-
siue work shall itt gcaeral be with ENGINEER and
CONIRACTOR keeping the C1TY advised as
necessary. Resident Projcct Repr�sentative's dealings
with subconoractors shall only be through or with the
GC-19
full knowledge and approval of CONTRACTOR
Resident Project Representadve shall generally
communicate with the Ciry with che k.nowlcdge of and
under the d'uecdon of ENGII�IEER
9.3.1, Resident Project
Representacive shall where applicable:
9.3.1.1. Re��ew che
progress schedule, schedule of Shop
Drawzng submittals and schcdule of
values prepared by C�N'TRACTOR and
consult with ENGINEER conccrning its
general acceptability.
9.3.1.2. Attend meetings
w�th CONTRACI'OR, such as pre-
construction conferences, progress
mecdngs, job confcrences and other
project-related meetings, and prepaze
and cir�ulate copies of minvtes theroof.
9.3.1.3. Woridng principal]y
through CONTRACTOR'S
su�erintendent, assist ENGINEER in
serving as the CITYS Gaison w�th
CONTRACT'OR, when
CONTRACI'OR5 operations affect tho
CITYS on-site operadons.
9.3. I.4. Assist in obtaining
from the CI'IY additional details or
informa.tion. when required for proper
execution of tbe Woric.
9.3.1 S. Rccotd date of
receipt of Shop Drawings and samples.
9.3.1.6. Receive samples
which are fitrnished at the site by
CONT'RAGTOR and notify the
ENGINEER vf availability of samplcs
for examination.
9.3.1.7. Advise the
ENGII�iEER and CONIRACfOR of tt�e
commencement of any Work requiring a
Shop Drawing if the submitta! has not
been approved by the ENGII+IEER
9.3.1.8. Conduct on-site
observations of the Worr in progress to
assist the ENGINfiER ut determining if
che Work is. in general, proceeding in
accordance with the Con[ract
Documents.
9.3.1.9. Report to the
ENGINEER whenever Residential
Project Representative believes that any
Work is unsatisfactory, faulty or
defective or does not conform to the
Con�act Documents, or has been
damaged, or does not meet the
requirement� of any inspection, test or
approval roquued to be made; and
advise the ENGINEER of Work that
Resident Project Representative believcs
should be uncovered for observation, or
requires special testing, inspecdon or
approval. Nothing herein shall relieve
the CONT'R,r�►CTOR or thc ENGIlVEEI2
from the duties imposed by contract
9.3.1.10. Verify that tesu,
equipment and systems sta�rtups, and
opecating and maintenance training are
conducud in the presence of appropriate
personnel, and that CONTRACTOR
maintains adequate records thereof; and
observe. record and report to the
ENGINEER appropriate detaiLs relative
to the test procedures and startups
9.3.1.11. Accompany visiring
inspectors representing public or other
agencies having jurisdicdon over the
Project, record the results of these
inspecrions and nport to the
ENGII�IEER
9.3.1.12. Report to
ENGINEER when clarifications and
intecpntations of the Contract
Documents are needed and transmit to
COIVT'RAGTOR clarifications and
interpretadons as issued by the
ENGIIVEER
93.1.13. Coasider and
evaluate CONTRACTORS suggestions
for modifications in Drawiags or
SpeciScations and nport aith�Resident
Projcct Representative§
recommendatioas to the ENGII�IEER
Traasmit to CONTRACTOR decisions
as issued by the ENGII�IEER.
GC-20
9.3.1.14. Maintain at the job
site orderly files for correspondence,
reports of job conferences, Shop
Drawings and samples, reproducdons of
original Contract Documenu including
all Work Direcdve Changes, Addeada,
Change Orders, Field Orders, additional
Drawings issued subsequent to che
execution of the Con�act, ENGIIIEE.RS
clarifications and interpretations of che
Cona-act Documents, progress reports,
and other Project related documents.
9.3.1.15. Keep a diary or log
book, recording CONTRACI'OR hours
on the job site, weather condidons, data
relative to questions of Work Directive
Changes, Change Orders or changed
conditions, list of job site visito�, daily
activities, decisions, observations ia
general, and specific observadons in
more detail as in the case of observing
test procedures; and send copies to the
ENGINEER.
9.3.1.16. Record all names,
addresses and telephone numbers of [he
CONTR.ACTOR, all subcoatractors and
major suppliers of material and
equipmen� �
9.3.1.17. Futnish the
ENGIlVEER periodic rzpotts as r«�uir�d
of progress of the Work of the
CONTRACTORS compliance with the
prognss schcdule and schedule of Shop
Drawing and sample submittals.
9.3.1.18. Consult with the
ENGINEER in advance of schedule
major tests, inspections or st.ut of
important phazes of the Work.
9.3.1.19. Draft proposed
Change Orders and Work Directive
Changes, obtaining backup material
from CONTRACTOR and recommend
to the ENGII�IEER, Change Orders,
Woric Directive Changes, and Field
Orders.
9.3.1.20. Report immediately
to the ENGINL-ER s�nd the CTI'Y upon
the occurrence of any acciden�
9.3.1.21. Reviea applicadons
for payment with CONTR�CTOR for
compliance with the established
procedure for their submission and
forwazd with recommendadons to the
ENGINEER, noting particularly the
relationship of the payment requested to
the schedule of values, WorY completad
and materiaLs and equipment delivered
at the site but not incorponted ia the
Work
9.3.1.22. During the course
of the work, verify that certificates,
maintenance and operation manuals and
otber data required to be assembled and
furnished by CONTRACTOR are
applicable to the items actually iastalled
and in accordance with the Contract
Documents, and have this material
delivered to the ENGIlVEER for review
and forwarding to CITY prior to final
payment for the Work.
9.3.1.23. Before the
ENGIIVEER issues a Certificate of
Substaaaal Comptetion, submit to
CONTRACTOR a list of obsaved items
requiring compledon or corrxdon.
9.3.1.24. Conduct finai
inspection in the compacry of the
ENGINEER, the CITY and the
CONT'RACTOR and ptzpare a fiaal iist
of itea�s to be completed or cacnet�d.
9.3.1.25. Observe that all
items on final list have been completed
or coatcted and malae t+ecommendadons
to the ENGIIIEER coacxrning
acceptance..
9.3.2. 'Iiie Resident Project
Repr�sentative shall not
9.3.2.1. Authoriu any
deviation from tbe Coatract Documents
or :ubstitimoa of mater�iaLs or
equipmenL
9.3.2.2. Facceed limitadons
of the ENGIIJEERS authority as set
forth in the Cona�act Documents.
GC-21
9.3.2.3. Undertake any of
the respoasibilicies of COIVTRACfOR.
subcontractors, or COMI2ACT'OR'S
superintendenL
9.3.2.4. Advise on, issue
d'uections reladve to or assume con�ol
over any aspxt of the means, methods�
techniques, sequences or procedures of
construcaon unless such advice or
direcdons are specifically requircd by
the Contract Documents.
9.3.25. Advise on, issue
directions regazding or assume control
over safery precaudons and programs in
connectioa with the work.
9.3.2.6. Accept S6op
Drawing or sample submittals from
anyone other thaa CONTRACTOR
9.3.2.7. Authoriu the City
to occupy the Project in whole or in paut
9.32.8. Paticipate in
specialized field or laboratory tests or
inspecdons conducted by others except
as specifically authorized. by the
ENGIl�IEER. .
CLARIFICATIONS AND IN'I�RPRETATIONS:
9.4. The ENGII�IF.ER will issue with
reasonable prompmess such wriuen clarifications or
interprotadons of the nquirements of the Contract
Documents (in the form of Drawings or otherwise) az
the ENGII�IEER may dettrmine necessary, which shall
be consistent with or reasonably inferable from the
overall intent of the Con�act Documents. If
CONfRACTOR believes that a wriuen clarificadoa of
interpretation justifies an increase in the Contract Pria
or an exteasion of the Contract Time and the parties are
unable •to agree to the amouat or eaunt thereof,
CONTRACTOR may malce a claim thenfor as
provided in Aiticle 11 or Article 12.
AUTSORIZED VARIATIONS OF WORK:
9S. ENGINEER may authorize minor
variations ia the Work from the requirements of the
Contract Documents which do not iavolve an
adjastiment in the Contract Prica or the Contract T'ime
and are coasisteat widi the overaIl intent of tl�e Contract
Documents. T6ese may be accomplishad by a 6eld
Order and will be binding on the CITY, and also on
CONTRACTOR who shall perform the Work in�•olved
prompdy. If CONTR.AGTOR believes that a Field
Order justifies an increase in the Con�act Price or an
extension of the Contract Time and the parties are
unable to agree as to the amount or extent thereof,
CONTRACTOR may make a claim therefor as
provided in Article 11 and 12. The ENGTNEER is not
authorized to waive any requirements of this con�act or
to agree to any increase in the con�-act price or contract
time.
RE.TECTING DEFECTIYE �i'ORK:
9.6. The ENGINEER will have authoriry to
disapprove or reject Work which ENGINEER believes
to be defective or believes to be in nonconformance
with the intent of the contract documents, and will also
have authoriry to require special inspecdoa or testing of
the Work a� provided in paragraph 13.9, whether or not
the Work is fabricated, installed or completed.
SAOP DRAWIlVGS, CFiANGE ORDERS AND
PA�'MF,NTS:
9.7. In connecdon with ENGIl�IEERS
nsponsibiliry for Shop Drawings and samples, see
paragraphs 6.23 through 6.28 inclusive.
9.8. In connection with ENGINEERS
responsibilides as to Change Orders, sez Article 10, 11,
and 12.
9.9. In connecdon with ENGIIdEEERs
responsibilities in nspect of Applicauons for Payment,
etc., ue Article 14.
DETERMINATIONS FOR UNTT PRICES:
9.10. ENGINEER will determine the actual
quantities aad classifications of Unit Price Work
petformed by CONT'RACTOR ENGINEER will
review with CONTRACI'OR FNGII�iEERS
pnliminary determinadons on such matters before
rendering a written decision thereon (by
recommendatiou of an Applicaiion for Payment or
othcrwise). ENGINEERS wriuen decisions theraon
will be final and binding upon the CTTY or
CONIRAC'TOR unless, within ten days after the date
of any such decision, either ti�e CTTY or
CONTRACTOR delivers to the other pazty to the
Agreement and to II�IGINFER written aotice of
inteation w appeal from such a decisioa
DECLSIONS ON DISPUTE.S:
GC-22
9.11. The ENGINEER will be the initial
interpreter of the requirements of the Contract
Documents and judge of the acceptability of the Work
thereunder. Claims. disputes and other matters ralacing
to the accepcability of the Work or the interpretadon of
the re�uiremen�s of the Con�act Documents pertaining
to the performanc� and furnishing of the Work and
claims under Article 11 and 12 in respect of changes in
the Contract Price or Con�act Time will be reforred
initially to ENGINEER in writing with a request for a
formal decision in accordance wich this paragraph,
which ENGINEER will render in writing within a
reasonable dme. Written notice of each such claim,
dispute and other matter will be delivered by the
claimant to ENGINEER and the other parry to the
Agreement prompdy (but in no event later than ten (10)
days) after the occurrence of the event giving rise
thereto, and wriuen supporting data will be submitted to
ENGINEER and thc other parry within thirty (30) days
after such occurrence unless ENGINEER allows an
additional period of tim� to ascertain more accurate
data in support of th� claim.
9.12. When functioning �s interpreter and
judge underparagraphs 9.I0 and 9.11, ENGINEER will
not show partiality to the CI'TY or CONTRACTOR
The rendering of a decision by FNGIl�JEER pursuant to
paragraphs 9.10 aed 9.11 with respect to any such
claim, dispute or other matter will be a condition
precedent to any exercise by the CI'TY or the
CONTRACI'OR of such rights or remedies az either
may otherwise have under the Contract Documents or
by Laws or Regulations in respect of any such ctaim.
dispute or other matter.
LIMTTATIONS ON ENGINEERS
RESPONSIBILTTIF.S:
9.13. Neither ENGIIIEERS authority to act
under this Article 9 or elsewhere in the Contract
Documents nor any decision made by ENGINEER
either to exercise or not exercise such authority shall
give rise to any duty or rrsponsibility of ENGII�IFER or
CONTRACTOR, any Subcontractor, any Supplier, or
any other person or organizadon performing any of the
Work, or to any surety for any of them
9.14. Whenever in the Contract Documents the
�Cim ~�S OI�CIC�~� �'dS �1T�fL�~� ��S CC�lll[Cd�� �a5
allowed", "�s approved" or terms of like effect or
impoR aze �ued, or the adjectives 'ceasonable",
�SLL1�IC�� "acceptable", "�OpCI~� OI "sarisfactory� Of
adjectives of the like effcct or import are used to
describe a requirement, directioa, review or judgment
of ENGINEER az to th� Work, it is intended that such
requiremen� direction, review or judgnent will be
solely to evaluate [he Work for compliance with the
Contract Documents (unless [here is a specific
statement indicating othenvise). The use of any such
tetm or adjective shall not be effective to assign to
ENGIIIEER any dury or authoriry to supervise or direct
the furnishing or performance of the Work or any dury
or authoriry to undertake responsibility contrary to the
provisions of paragraph 9.15 or 9.16.
9.15. ENGINEER w1ll not be responsible for
CONI'R.ACTORS means, methods, techniques,
sequences or procedures of construcdon, or the safery
precaudons and programs incident thereto, and
ENGINEER will not be responsible to CONTI2E�CTOR
for CONTRACTORS failure to perform or furnish the
Work in accordance with the Contract Documents.
9.16. ENGII�IEER wzll not be responsible for
the acts or omissions of CONTR.ACI'OR or of any
Subconu�actor, any Supplier, or of any other person or
organization performing or fiunishing any of the Work
ART'ICLE 10 - CHANGFS IN T'HE WORK
10.1. Without invalidaring the Agreement and
�lthout noticc to any surety, the CITY may, az any time
or frotn time to time� order additions, deledoas or
revisions in the Work; these will be authorized by a
Written Amendment, a Change Order, or a Work
Direcdve Change. Upon rueipt of any such document,
COPTI'RAGTOR shall promptty proceed witti the Work
involved which will be performed under the a�plicable
conditions of the Contract Documents (except as
otherwise sp�cifically provided).
10.2. If the CTIY and CONTRAG?OR are
unable to agnt as to the exten4 if any. of an increase or
decrease in the Contract Price or an extension or
shortening of the Con�act Time that should be allowed
as a nsult of a Woric Directive Change, a claim may be
made therefore az provided in Article 11 or Article 12.
1Q.3. CONTRACTOR shall not be endded to
an incrcau in the Conhact Price a an extension of tbe
Contract Time with respoct to aay �Vork paformed that
i� not required by the Contract Documents as amended,
modified and supplementcd as provided in paragraphs
3.4 and 3.5, cxcopt in the case of an cmergency az
provided in paragra�6 622.1 aud except in the case of
uncovering Work as provided in paragraph 13.9.
GC-23
10.4. The CITY and CONTRF.CI'OR shall
execute appropriate Change Ordcrs (or Written
Amendments) covering:
10.4.1. Changes in the woric which are
ordered by the CITY pursuant to paragraph 10.1,
are required because of acceptance of defecdve
Work under paragraph 13.13 or cocTecung
defective Work under paragraph 13.14, or are
agreed to by the parties.
10.4.2. Changes in the Con�act Price
or Contract Time which are agreed to by the
parties; �
10.�.3. Changes in the Contract Price
or Contract Tune which embody the substance of
any written decision rendered by ENGIIIEER
pursuant to pasagraph 9.11; provided that, in lieu
of ezecuring any such Change Order, an appeal
may be taken from any such decision in
accordance with the provision of the Contract
Documents and applicable Lavvs and
Regulations, but during any such appeal,
CONTRACTOR shall carry on the Work and
adhere to [he progress schedule as provided in
paragraph 6.29.
lOS. It is distincdy agreed and understood
that any changes made in the Contract Documents for
this Work (whether such changes iacrease or decrease
the amount thereo� or any change in the manner or
time of payments or time of perfocmance made by the
CTTY to the CONTRACI'OR shall ia no way annul,
release or affect the liability and surety oa the Bonds
given by the CONTRACTOR If notice of any change
�i%ctiag the general scope of the Work or the
provisions of the Con�act Documeats (including� but
not limited w, Contract Price or Contract Time) is
r�quiizd by the provisioas of any bond to be given to a
surety, the giving of any such notice will be
CONTRAC"TOR'3 responsibility, and the amount of
each appGcable Bond will be adjusted accordingly.
10.6. Notwithstanding, anything to the
contrary contained within the contract documents, all
change orders involving addiaonal cost or extensions of
time, shall be govemed by the ordinances of the City of
Largo.
ARTTCLE 11- CHANGE OF CONTR.ACT PRICE
11.1. The Contract Price constitutes the total
compensacion (subject to authorized adjustmencs)
payable to CONTRACTOR for performing the Wor1.
P.11 duties, responsibilities and obligations assigned to
or undertaken by CONTRACTOR shall be at his
ezpense without change in the Con�act Price.
11.2. The Contract Price znay only be changed
by a Change Order or by a Written Amendmen� Any
claim for an incre3se or decrease in the Contract Price
shall be based on writtcn nodce delivered by th� party
making the clairn to the other party and to ENGINEER
promptly (but in no event later than ten (10) days) after
the occurzence oF the event giving rise to the claim and
stating the general nature of the claim. Nodce of the
amount of the claim wich supporting data sha11 be
delivered within thirty (30) days after such occurrence
(uriless ENGINEER allows an addidonal period of ti�
to ascertain more accur��te data in support of the claim)
and shall be accompanied by claimant's written
statement that [he amaunt claimed covers ail {rnown
amounts (direct, indirect and consequendal) to which
[he claimant is entitled as a result of the occurrence of
said. cven� All claims for udjustment in the Conoract
Pricx shall be determined by ENGIl�IEER in accordance
with paragraph 9.11 if the CITY and CON'TR.ACI'OR
cannot otherwiso agree on the amount involved, No
claim for an adjustment in the Contract Price will be
valid if not submitud in accordance with this paragra�h
11.2.
11.3. The value of any Work covered by a
Change Order or of any claim for an increase or
decrease in the Contract Price shall be determined in
one of the following ways:
11.3.1. Wherz the Work utvolved 'u
covered by unit prices contained in the Coatract
Documents, by application of unit prices to the
quantities of the items involved (subject to the
provisions of para�hs 11.9.1. through 11.9.3.
inclusive).
11.3.2. By mutual acceptance of a
lump sum (which shall include an allowance for
ovenc�ad and profit in accordancc with
para�h 11.6.2.1).
11.3.3. On the basis of ttie Cost of the
Work (determined az provided in paragraphs
11.4 and 11 S) plus a CON'I'RACTORS Fee for
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ovenc�ad and profit (determined as provided in
parag-aphs 11.6 and 11.7).
COST OF 'T� WORK:
11.4. The term Cost of the Work means the
sum �f all cos�s necessary incurred and paid by
CONTRACTOR in the proper performance of the
Work Except �s otherv�1se may be agrced to in writing
by the CITY, such cosu shall be in amoun� no higher
than those prevailing in the locality of the Project, shall
include only the following items and shall not include
any of the costs itenuzed in paragraph 11.5:
11.4.1. PayT011 costs for employees in
the dircct empioy of CONTRACTOR in the
performance of the Work under schedules of job
classification agreed upon by the CITY and
COI�3TR�CTOR Payroll costs for employees
not employed full time on thc Work shall be
apportioned on the basis of their time spent on
the Work Payroll cosu shall include, but not be
limited to, salaries and wages plus the cost of
fringe beneftts which shall include social
securiry contributions, unemployment, excise
and parT011 taxes, workers' or workmen's
compensation, health and retirement beaefits,
sick leave, vacation and holiday pay applicable
thereco. Such employees shall include
superincendents and foremen at the site. Tbe •
expenses of performing Work after regulaz
worlcing hours, on Saturday, Sunday or legal
holidays, shall be included in the above to the
extent authorized by the CTI'Y.
11.4.2. Cost of all materials and
equipment furnished and incorporated in the
Work, including cosu of transportation and
storage tfiereof, and Suppliers' field services
required in connection therewith All cash
disco� shall accive to CONTRACTOR un3ess
the CITY deposits funds with CONTRACTOR
with wtuch to make payments, in which case the
cash discounts shall accrue to the CITY. All
trade discounts, rebates and refunds and all
returns from sale of surplus materials and
cquipment shall accrue to the CITY. and
CONTRACTOR shall make provisions so that
they may be obtained.
11.4.3. Payments made by
CON'I'RACTOR to the Subcontractors for Work
performad by Subcontcactocs. If required by the
CrTY, CONTRACTOR shall obtain comperitive
bids from 5ubconuactors acceptable to
COI�TIRACTOR and shall delivc: such bids to
the CITY who will then determine, wzth the
advice of the ENGINEER, which bids will be
accepted. If a subcona-ac[ pr��ides that the
Subcontractor is to be paid on the basis of Cost
of the Wor+� Plus a Fee, the Subcontractor's Cost
of the Work shall be determined in the same
manner as CON'I'R1+�CTORS Cost of R'ork. All
subcontracu shall be subject to the other
provisions of the Con�act Documents insofar as
applicable.
11.4.4. Cosu of speci�l consultants
(including . but not limited to engineers,
architects, testing laboratories, surveyors,
attorneys and accountants) employe� for services
specifically related to the Work
11.4.5. Supplcmental costs include
the following:
11.4.5.1. Cost, including
transportadon and mainteaance, of all
materials, supplie.s, equipment,
machinery, appliances, of5ce and
tempotary facilides at the siu and tools
not owned by the workers, wtuch aze
consumed in the performance of Work,
and cost less market value of such itemt
used but not consumed which temain the
property of COIV'I'RACTOR
11.4.5.2. RentaLs of all
construction equipment and machinery
and the parts thereof wtiether rented
from CONTR.ACTOR ar others in
accordance with nntal agreements
approved by the CI'I'Y witb the advice
of ENGII�IEER, and t�e costs of
transportatioa. loading, unloading,
installation, dismantling and cemoval
thereof-all in accotdance �with terms of
said rental agreements. 'Ibe rental of
any such equipmen� machinery or parts
shall cease when the use tfienof is no
longa aecessary for the Wor�. For
special equipment and machinery such
as powa driven pum�s, coocrcte mi�ccrs,
aucks, front end loaders, backhoes, and
tractors. or other equipment, requiied for
the cc�nomical performance of the
authorized Work che CONI'RAGTOR
shall receive payment based on the
wakly cate divid�d by 40 to azrive at an
no�ty �osL �� ��y � 5t�u �
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from the latest edidon of the Rental Rate
blue book for Construction Equipment.
published by Equipment Guide Book
Co., re�uced by 25 percen� Equipment
cost shall be calculated based upon the
actual time [he equipment is used in the
Work If said Work required the use of
machinery not on the Work or not to be
used on the Work, the cost of
�ansportation, not exceeding a distance
of one hundred (100) miles, of such
machinory to and from the Work shall
be added to the fair rental rate; provided,
however, that this shall not apply to
machinery or equipment already
required to be furnished uader thc tercns
of the ContracG
11.4.5.3. Sales, consumer,
use or similar tazes related to the work
and for which CONTRACTOR is liable,
imposed by laws and cegulations.
11.4.5.4. Royalty payments
and fees for permits and licenses.
11.4.5.5. 'Iiie site costs of
utilities, fuel and sanitary facilities.
11.4.5.6. Cost of premiums
for additional bonds and insurance
required because of c6anges in the
Work
115. The term Cost of the Work shall not
include any of the following:
11.5.1. Payroll cosu and other
compensation of CONTRACTORS officers,
ezecutives, ptincipals (of partnarship and sole
proprietorships), general managers� engineers,
architects, estunators, atiorneys, auditors,
accountants, purchasing and conaacting agents,
expeditors. timekeepers, clerks and other
personnel . employed by CONTRACTOR
whether at the site or in CONTRACTORS
principal or a branch o�ce for gencral �
administration of the Work aad not specifically
included in the agreed upoa schedule of job
classificacions referred to in paragraph 11.4.1 or
specifically coverzd by paragraph 11.4.4 — all of
cvhich are to be considered adminis�ative costs
covcnd by the CONTRACTORS Fee.
115.2. Expenses of
CONIRACTOR'S principal and branch offices
other than CONTRACTORS office at the site.
115.3. Any part of CONTFtACTORs
capital expenses. including interest on
CONTRAGTORS capital employed for the
Work and chazges against CONTR.AC'TOR for
delinquent paymen[s.
11.5.4. Cost of premiums for all
Bonds and for all Iruurance whether or not
CONTRACTOR is required by the Contract
Document� to pureh�se and maintain the same
(except for the cost of premiums covered by
subparagraph 11.4.5.6 above).
115.5. Costs due to the negligence or
intendonaf acts of the CONTRACTOR. any
Subcona�actor, or anyone whose accs any of them
may be liable, including but not limited to, the
correction of defective Work, disposal of
materiaLs or equipment wrongty supplied and
making good any damage to property.
115.6. Other ovethead or general
expense costs of any kind and the coscs of any
item not specifically and �xpressly included ia
paragraph 11.4.
CONTRACTORS FEE:
11.6. The CONTRACTOR'S Fee allowed to '
CON'!'R.ACTOR for overt�ead and profits shall be
detumined as follows:
11.6.1. A mutually acceptable fued
fee; or if none can be agreed upon�
11.6.2. A fee based on the following
percentages of the various portions of the Cost
of the Work:
11.6.2.1. The cost allowance
for overhead and profit shall not exceed
fiheea percent (1596) of the net cost If
the work is done by a Subcontractor� he
may add ten percent (lOR6) of his net
cost for overhead and profit and the
Contractnr may add five penent (596) of
the net cost for overhead and profi� If
all the work is done by the Conaactor,
he may add fifteen percent (1590) of the
net cost for overiiead and pro5t;
GC-26
11.6.2.2. See Article
11.6.2.1;
11.6.2.3. No fee shall be
payable on the basis of costs itemized
under paragraptLS 11.4.4, 11.45 and
11.5;
11.6.2.4. The amouat of
credit to be allowed by CONTRACTOR
to the CITY for any such change which
results in a net decrease in cost wiU be
the amount of the actual net dectease
plus a deduction in CONTR.ACTOR'S
Fee by an amount equal w ten percent of
the net dccrease; and
11.6.25. When both
addidons and cre�its are involved in any
one change. the adjas�ent in
CONTRACTORS Fee shall be
com�uted on the bazis of the net change
in accordance with paragraphs 11.6.2.1
through 11.6.2.4, inclusive.
11.7. Whenever the cost of any Work is to be
determined pursuant to paragraph 11.4 or 11.5,
CONTRACTOR will submit in form acceptable to
ENGIIIF.ER an itemized cost breakdnwa together with
supporting data.
casa �owArrcE.s:
11.8. It is understood that CONTRACTOR
has included in the Contract Price all allowances so
named in the Convact Documents and shall cause the
Work so covered to be done by such Subcon�actors or
Suppliers and for suc6 sums within the limit of the
allovvauces as may be acceptable to the ENGINEER.
CONI'RACTOR agrees that
11.8.1. The allowances include the
cost to CONTRAC'TOR (less any appGcable
trade discouncs) of materials and equipment
required by the allowances to be delivered at the
site, and all applicable taxes; and
11.8.2. CONTRACTORS costs for
unloading and handling on the site. labor.
installation costs� overhead, pro5t and other
expenses contemplated for tbe allowances have
beea included in the Conoract Price and not in
the allowances. No demand for addirioaal
payment on account of aay tfiaeof will be valid.
Prior t4 final payment, an appropriate
Change order will be issued as recommended by
ENGINF.ER to reflcct actual amounts due
COIv'T'RACTOR on account of Work covered by
allowances, and the Coatr�act Price shall be
correspondiagly adjusted.
UNIT PRICE WORK:
11.9.1. Where the Con�act
Documents provide [hat �11 or part af the Work
is to be Unit Price `Vork initially the Conti-act
Price will be dcemcd to include for all Unit Price
Work an amount equal to the sum of the
established unit prices for each separately
idencified item of Unit Price Work times the
estimated quandty of each item as indicaud in
the Agreemen� The estimated quanciries of
iteuu of Unit Price Work are not guarantred and
are solely for the purpose of comparison of Bids
and determining an inida! Contract Price.
Determinations of the actual quantiries and
classificatioas of Unit Price Work performad by
CONIRACTOR will be made by FNGII�IEER in
accordance with Paragraph 9.10.
11.9.2. Each unit price will be
deemed to include an arnount coasidered by
CONTRAGTOR to be adequate to cover
CONTRACI'ORS overhead and profit for each
separately identi5ed item
11.9.3. Where the quantiry of any
item of Unit Prica Work performcd by
CONTR.ACTOR differs macerially and
significandy from the estimatcd quantity of such
item indicated in the Agreement and there is no
correspoading adjust�nent wich respect to any
other item of Woric and if CONTRACTOR
believes that CONTRACTOR has incurred
additional ex�ense as a result ttiereof,
CONTRACTOR may malce a claim for an
incrr.�u w the Conaact Price in accordance with
Article i l if the parties are unable to agree as to
the amo�mc of any such incrcase.
on-rr�-rEn woxx:
11.10. 'Ii�e City may at any time, by writun
ordet, without Notice to the Sureties, require omission
of such con�act work az it may find necessary or
desirable. An orda for omissioa of work shall be valid
only by an ezecutable change orda. All aroric so
ordered must be omiue� by tt�e CONTRACTOR Ti�e
GC-27
amount by which the contract price shall be reduced
shall be decermined as follows:
11.10.1. By such applicable unit prices,
vr rates for worI� of a similaz natiue or characur
as set forth in the contract; or,
11.10.2. By the appropriate lump sum
price set forth in the Con�act; or,
11.10.3. By the reasonable and fair
estimated cost of such omitted work as
decermined by the CONTR4CTOR and the
ENGII�iEER, and approved by the CITY.
ARTICLE 12 - CH.4.HGE OF CONTRACT T�fE
12.1. Ti�e Contract Tune may only be changed
by a Cfiange Qrder or a Written A.mendmenL �1ny
claim for an extension or shortening of the Contract
time shall be b�sed on written notice delivered by tt�e
party maldng the claim to the other party and to
ENGINEER prompdy (but in no event later than ten
days) afttr tt�e occurrence of tfie event giving rise to the
claim and stating the general nature of the claim.
Notice of the extent of the clai.m with suppotting data
shall be delivered ;�vithin thirty days aft,er such
occurrence (unless ENGII�IEER allows an additional
period of dme to ascertain more accurate data in
support of the claim) and shall be accompanied by the
claimant�s ariuea statement that the adjus�ent claim�d
is the entirz adjus�nent to which the claimant has
reason to believe it is entided az a result of the
occurrence of said eveat All claims for adjustment of
the Contract Time shall be det�rmin�d by ENGII�IEER
in accordance with paragraph 9.11 if ttie CTTY and
COIVT'RACTOR caanot otherwise agiu. No claim for
an adjustment in tfie Contract Time will be valid if not
submitted in accotdance with the nquirements of this
paragraph 12.1.
'12.2. The Contract Time will be extended in
an amount equal w time lost due to delays caused by
events beyond the control of CON'I'RAC?OR if a claim
is made thereof as provided in paragraph 12.1. Such
evcnu shaIl include, but aot be limi0�d to acts or neglat
by the CTI'Y or othen performing additional work az
contemplattd by Article 7, or to fires. floods, labor
disputes, epidernics, abnormal weather coaditions or
acts of God. If abnormal weather conditioos ace the
basis for a Claim for additional time, such Claim shall
be submiu�d within 30 days of occurrcnce and shall be
documented by data substantiating that weather
conditions were abnormal for the period of time
requimd for completion of the Work and could not have
been reasonably andcipated and that weather conditions
had an adverse effect on the scheduled cons�uction.
12.3. All dme Iimits stated in the Conttact
Documeats are of the essence of the
AgreemenL The provisions of this
Article 12 shall not exclude recovery for
damages (including but aot limited to
fees and charges of engineers, architects,
attomeys and other professionals and
court costs) for delay by either parry.
12.4. The CONI'RACTOR shall not be
entided to any claim for damages on
account of hindrances or delays in
. conswction 5rom any cause whatsoever
but if occasioned by any act of God, or
by any act or omission on the pazt of the
CTI'Y, such act, hindrance or delay may
entide the CONTRACTOR to an
extecssion of time in which to com{�lete
the work providcd that thc
CONTRAC'TOR gives notice in writing
of the cause of such act, hindrance or
delay within ten days after its occucrence
to the CIT'Y. This pazagraph shall
include but not be limited to any actions
which result in delays in scheduling,
substantial changes in scope or wok or
substaadal increases in the cost of
performing the work uader the Contract
Documents
ARTICLE 13 • WA�FLRANTY AND GUARANTEE:
TESTS AND INSPECTIONS, CORRECTTON,
REMOVAL OR ACCEPTANCE OF DEFECTIVE
WORK
WARRAN'I'Y AND GUARANTEE:
13.1. COIVTRACTOR warrants and
guarantees to tba QT'Y and ENGINEER tbat aU Work
will be constructed in accordaace with the Contract
Documents. Prompt aodce of all defxts shall be given
w COMRAC'TOR All defective Work, whethet a
not in plue. m�y be njected, comected or accepted as
provided in Article 13. 'Ibe guarantee shall nmain in
effect for oae yeac from the date of 5nal scceptance
unless a longa period is specified. The CTIY shall
give notice af observ�d defects with reasonable
GC-28
promptness. Unremedied defects identified for
correcdon during [he guarantee period but remaining
after ia expiration shall be considered as part of the
obligadoas of the guarantee. DefecLs in material,
worlananship or equipment which aze remedied as a
rosult of obligations of the guarancee shall subject the
remedied portion of the work to an e�ctended guarantee
period of one year after the defect has been remedied.
The Surery shall be bound with and for the Con�actor
in the Contractor's faithful obscrvance of the guarantee.
ACCESS TO WORK:
13.2. ENGINEERS and ENGINEERS
representatives, other npresentadves of the CTI'Y,
testing agencies and governmenta! agencies with
jurisdictional interests will have access to the Work at
reatonable times for their observatioa, inspecdng and
testing. COIVTRACTOR shall provide proper and safe
conditions for such access.
TESTS AND INSPECT'IONS:
13.3. CON'I'RACTOR shall give FNGINEER
timely notice of readiness of the Work for aU nquired
inspecdons, tests oc approvals.
13.4. If Laws or Regulations af any public
body having jurisdiction require any Work (or part
thereo� w spocifically be iaspected, tested or approved.
CONTRIIGTOR shall assume full respoasibIIity
therefor, pay all costs in counection therewith and
fwnish FNGII�iEER the required cetificat�s of
inspection, testing or approval. CONTRACTOR shall
also be nspoasible for and shall pay all costs in
connectioa with any inspectioa or testing required in
coanection with the CTTYS or ENGIIVEFRS
acceptance of a Supplier of materials or aquipment
proposed to be incorporated in the , Work. or of
maceriaLs or equipment submitted foc approval pria w
CONTRACTORS purchase thereof for iacocporation
in the Work. The cost of ap inspectioas. tests. and
approvals ia addition to the above which are required
by the Con�act Dacumeats shail be paid az spocii"ia! in
the Contract Documents.
135. All iaspcctions� tesu or approvals other
than those requirod by Laws or Reguladoas of any
public body 6aving jurisdiction shall be performed by
organizaeions acceptable w the CTTY (or by
ENGIl�IF.ER if w specifit�).
13.6. If aay Worlc (including the wotk .of
others) that is w be inspected, tested or approved 'u
covend without wriven concucnnca of ENGIIVEER, it
must, if requested by F.NGIIdEER be tmcovered for
observacion. Such uncovering s6all be at
CONiRACTORS expcnse uriless CON�RACTOR h3s
given ENGINEER timely notice of CONTRACTOR'S
intention to cover che same and ENGIVi EER has not
acted with reasonable promprness in response to such
notice.
13.7. Neither observa�ons 6y ENG�tEER nor
inspections, tests or approvais by others shall relieve
CONTRACTOR from CONTRACTORS obligation's
to perform the Work in accordance with the Contract
Documents.
UNCOYERING WORK:
13.8. If any Work u covered con�ary to the
request of ENGINF�R, it must, if requested by
FNGINEER, be tincovered f�r ENGINEER'S
observation and replaced, at CON'TF�CT�R'S
expense.
13.9. If ENGINEER considers it necessary or
advisable that covercd Work be observed by
ENGIl�IEER or inspected or tested by otbers,
CONTRAGTOR, at ENGINEER'S request shall
uncovcr, eapose or otherwise make availablo for
observation, inspection or testing as ENGINEER 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, CONTRACTOR
sttaIl bear all direct, indirect and conscquentia! costs of
such uncoveri.ng� ezposure, obseivatioa. inspection and
testing and of satisfactory recocu�uc�oa, ('mcluding but
aot iimited to fees and charges of engineers, architecu,
attomeys and othcr professionals), and the CTI'Y shall
be eaaded to an a�propriaee decreau in the Contract
Price� and, if the paraes are unable to agrec as w tbe
amount therco� may make a claim therefor as providai
in Article 11. If. 6owever� such Work is not found to
be defective. CONTl2ACT'OR shall be allowed an
iacrease in the Contract Price or an exteruioa of the
Contract time, or both, dirxdy atuibutable to such
uncovering, ezposure. observation. inspection, usdng
aad reconstivcdoa; and if the parties azz unable to agree
as to the amount or exteat thereof. COIVT'RACTOR
may make a claim thercfor as provided in Article I1
and 12.
CTTY MA►Y STOP THE WURK:
13.10. If the Work is defective, or
CONTRACTOR fails to suppiy sufficient skilled
workcrs or suitable maierials or eqttipment, or fails to
furnish or perform the Work in such a vway that the
complcud Work will conform to the Coatract
Documeats, the CITY may order CON'TR�CTOR to
GC-29
stop the Work, or any portion thereof, until the cause
for such order has been eliminated; however, this right
of the CITY to stop the Work shall not give rise co any
duty on the parc of che CITY to exercise this right for
the benefit of C(�NTRACTOR or any other party.
COR.RECTION OR RE�IOVAI, OF DEFECTIVE
WORK:
13.11. If required by ENGINEER,
CONTRACTOR shall prompt]y, as directed, either
correct all defective Work, whcther or not fabricated,
installed or completed, or. if the Work has been
rejected by ENGINEER, remove it from the site and
replace it with non-defective Work. CONTRACTOR
shall bear all direct, indirect, and consequendal costs of
such correccion or removal(incIuding but not limited to
fees and charges of engineers, architects, attorneys and
othcr professionals) made necessary thereby.
ONE YEAR CORRECTION PERIOD:
13.12. If within one year after the dat� of
Substandal Completion or such longer period of time as
may be prescribed by Laws or Regulatioeu or by the
ttrms of any applicable special guarantae required by
tho Conoract Documents or by any spcci5c provision of
the Contract Documents, any Work is found to be
defeccive, CON"i'RACTOR shall proa�dy, without cost
to thc CTIY and in accordancc with the CTI'YS writtea
instructions, either correct such defective Work, or, if
it has been rejcctcd by the CTI'Y, remove it from tbc
site and replace it with non-defe�rive Work. If
CONTRACTOR does not prom�dy comply with the
ternu of such inswctions or in an emergeQCy whece
delay would cause serious risk of loss or damage, the
CTTY may hav� the defixtive Work corrected or the
rejected Woric removai and nplaced, and all direct,
indirect and consequential costs of such nmoval and
replacement (including but not lunited ta fees and
charges of engineers, architects, attorneys and oth�r
professionals) wili be paid by CONIRACTOR. In
special cinumstances wher� a particulat ittm of
equipment is placed in continuous service before
Substancial Completioa of all thc Work, tho coaection
periai for tfiat item may start to run from an aarliet date
if so provided ia the 5pecifications or by Written
Amendmcnt, Nothing hecein shall be deemed a waiver
of the stat�tc of limitations as provided in Florida Law.
13.13. If instead of requiring correction or
remova! and replacxment of defeetive Wotic, the CITY
(and prior to ENGINEERS r�commendaaoa of final
paymont) profers to accept i� the CI"TY may do so.
CONI'RACTOR sha11 bcar alt direct. indirect and
consequential costs attributable to the CITY'S
evaluadon of and determina[ion to accept such
deiective Work (such costs to be approved by
ENGIl�]EER as to reasonable�ess and to include but not
be limited to fees and charges of engineers, architects,
attorneys and other professionals). If any such
acceptance occurs prior to ENGINEERS
re�ommendation of final payment, a Change Order will
be issued incorporating the necessary revisions in the
Cona-act Documents with respect to [he Work; and the
CITY shal! be entitled to an appropriato decrease in the
Con�act Price, and, if the pardes are ur able co agree as
to the amount thereof, the CITY may make a claim
therefor as provided in Article 11. If the acceptance
occurs after such recommendadon, an appropriate
amount wili be paid by CONTR.AGTOR to the CI'IY.
CTTY MAY CORREGT DEFECTIVE WORK:
13.14. If CONTRACI'OR fails within thirty
days (30) after written notice of ENGIIVF.ER w procced
to cocrect and to corcect defecdve Work or to remove
and replace rejected Work az required by ENGINEER
in accordance with paragraph 13.11� or if
CONTRACTOR fails to perform the Work in
accordance with. the Contract Documen�s, or if
CONTRAC'I'OR fails to comply with any other
provision of the Contract Documents, tt�e CI'TY may.
after seven days writtea nodce to CONT'RACI'OR,
correct and remedy any such deficiency. In exercising
the rights and remedies under this paragraph the CTTY
shall proceed ezpeditiously. To the exteat necessary to
complete corrective and remedial action. the CTTY may
ezclude CONTRACI'OR from all or part of the site.
take possession of all or part of the Work. and suspend
CONIRAGTORS services related thcreto, take
possessioa of CONTRAGTORS tools, appliances.
construction equipment aad machinery at the site and
incomplete in the Work all materials and equipment
stond at the site or for which the CITY hai paid
CONTRACTOR but which are stored elsewhere.
CON'I'RACTOR shall allow the CTI'Y, the CTI'YS
representadve, agents and em�loyees such access to the
site a� may be axessary w enable the CTIY to exercise
the rights aad remodies under this paragrap6. All
direct, indirect and consequeadal costs of the CTTY in
exercising such rights and remedies will be charged
against CONTRACTOR in an amount approved az to
reasonableness by ENGIIVEER, and a Change Order
will be issued incocporating the nxessary revisions in
the Contract Documents with respect to the WorIG and
the CTTY shall be entitled to an a�progriate decrease in
the Con�act Price, and, if the parties are unable to
agree as to the amount thereof. the CTI'Y may make a
claim therefor �s provided in Article 11. Such direct,
GC-30
indirect and consequendal costs will include but not be
limited [o fees and charges of engineers, architecu,
attorneys and other professionals, all court costs and all
costs of repair and replacement of work of other
descroyed or damaged by cotrection, temoval or
replacement of CONTRACTORS defective Work
CONTRACTOR shall not be allowed an extension of
the Contract Time becatise of any delay in performance
of the Work attributable to the exercise by the C1TY of
the CITYS rights and remedies hereunder.
ARTICLE 14 - PAYMENTS TO CONTRACTOR
AND COMPLETION
SC�IEDULE OF VAI.UES:
14.1. The schedule of values established as
provided in pazagraph 2.9 will serve as the basis for
progress payments and will be incorporated into a form
of AppIication for Payment accepcable to INGINEER
Progress payments on account of Unit Price Work will
be based on the number of anits compleud.
APPLICATION FOR PROGRESS PAYII�NTS:
14.2. Unless otherwise presctibed by law, at
the end of each moath, the COIV'TRACTOR shall
submit to th� Engineer for review, an Application for
Progctss Payment filled out and signed by the
CONTRAGTOR covering the Work com�leted as of
the date of the Application and accomplished by sucb
supporting documentatioa as is r�u�d by the Conuact
Documcnts. If payment is cequested an the basis of
materials and equipment not incorporated in the Wor�
but delivered and suitably stared at the site or at another
location agreed to in writing. the Application fa
Progress Payment shall also be accompanied by a Bill
of Sale, paid invoice, or other documentation
wazrandng that the CONTRACTOR 6as nceived the
materials and equipment frte and clear of all Gcns,
chazges, security interest�, aad encumbrances (w6ich
are hereinafter in thest General Conditions roferred to
as "Liens") and evidence that the materials and
equipment are coveted by appropriate properry
insurance and other arrangements to prottct the CITYS
interest therein, all of which shall be satisfactory to the
CTTY. The amount of retainage with respect to
progress payments will be as stipulatcd in the
Agrcemen�
COiVTR�CTOR'S W�R.R�.NTY OF TITLE:
14.3. CONTRACTOR wartants and
guarantees that dde to all Wor}c� materials and
equipment covered by any Application for Payment,
whether incorporated in the Project or not, will pass to
the CITY no later than the [ime of payment free and
clear of Liens.
RE�W OF APPLICATIONS FOR PROGRESS
P:�YI-fENT:
14.4. FNGINEER will, within ten days after
receipt of each Application for Payment, either indicate
in wri[ing a tecommendation of payment and present
the Applic3tion to the CI'I'Y, or nturn the Application
to COM'RACI'OR indicating in writing ENGINEERS
re3sons for refusing to recommend paymen� In the
latter case, CONTRACTOR may make necessary
corrections and resubmit thc Application. Thirty days
after receipt of the Application for Payment by the City
with ENGIIVEERS recommendation. the amount
recommended will (subjert to the provisions of the last
sentence of paragta�h 14.� become due and when due
will bc paid by the CTI'Y co CON'TRAGTOR.
14.5. ENGII�TEERS recommendadon of any
,payment requested in the A�plication for Payment shall
not prohibit :he Ciry from withholding payment or
prohibit the City from paying additionally s�tmc
regarding other matzers or issues betweea the partics.
14.6. ENGII�IEERS r�commendadon of final
payment will coasdtute an additional representation by
ENGINEER to the CITY that the condicions precedent
to CON'I'R.AC'TORS being entided to final payment as
set forth in paragraph 14.13 tiave been fulfillod.
14.7. ENGIIdEFR may refiLSe to r�commead
the whole oc any part of aay payment if, in
ENGINEERS opinion, it would be incorrect to make
such rcpresentations to the CTI'Y. 'The ENGII�IEER
may also nfuse to recommead any suc6 paymen4 or,
because of subsequently discovered evideace or the
results of subseyuent inspections or tests, nuUify any
suc6 payment ptevioasty recomaunded, to such extent
as may be aecessa¢y in ENGINEFRS opinion to protert
the CITY from loss, including but not limited to:
14.7.1. 'Ibe Work is defective, ot
completed Work has been damaged nquiring
correction or replacement
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14.7.2. The Contract Price has been
rcduced by Written Amendment or Change
Ordec.
14.7.3. The CTI'Y has been required
to correct defecdve Work or complete Work in
accordance with paragraph 13.14, or
14.7.4. Of ENGINEER'S accual
knowledge of the occurrence of any of the events
enumecated in paragraphs IS.2.1 through 15.2.9
inclusive.
The CITY may refuse to make payment of the
full amount recommended by the ENGINEER because
claims have been made against the CITY on account of
CONTRACTORS pctformance or furnishing of the
Work, or there are othcr items entitling the CITY to
credit against the amount recommended, but the CITY
must give CONTRACTOR written notice (with a copy
to ENGIIVEER) stadng che reasons for such acaon.
SUBSTANTIAL CObiPLETION:
14.8. When the CONTRAGTOR considers the
entire Work ready for its intended use, the
CONTRACTOR shall notify the CTIY and the
ENGINEER in writing that the Work u substantially
complete and request that the ENGINEER prepare a
Certificate of Substantial Compledoa, Within a
teasonable cime thereafter, [he CITY, the ENGINEER
a.nd the CONTRACTOR shall make an inspection of
the Work co determine the status of completion. ff the
ENGIIVEER does not consider the Work subscantially
complete� (it is not ready for its intended use) the
ENGII�IF�R shall norify the CONTRACTOR in writing
giving the reasons therefor. If the ENGII�IEER
considers the Work to be substandally complete, the
ENGIlVEER will p�epare and deGva to the C1TY for ics
execution and recordation the Certifirate of Substandal
Completion signed by the ENGINEER and
CONTRACTOR, which sball fix the Date of
Substandal Completion.
14.9. The CITY shall have the right to exclude
CONTRACTOR from the Work after the date of
Substandal Completioa, but the CITY shall allow
CONTRACTOR reasonable access to complete or
correct items on the "punch list".
PARTIAL UTII.,IZATION:
14.10. Use by the CITY of any finished part of
the Work, ��hich has speci5cally been identificd in the
Con�act Documents, or w�ich the CI'IY, ENGINEER
and CONTRACTOR agree consdtutes a separately
functioning and useable part of the Work that can be
used by the CIT1' without significant interference with
COIVTRACTORS performance of the remainder of the
Work, may be accornplished prior to Substancial
Completion of all Work subject to the following:
14.10.1. The CTI'Y at any time may
request CONTR.ACTOR in writing to perm.it the
CITY to use any such part of the Work which
the CITY belicves to be ready for its intended
use and substandally complete. If
CONTRACTOR agrees, CONTRACI'OR will
cettify to the CITY and ENGINEER that said
part of the Work is substantially complete and
request ENGINEER to issue a certificate of
Substandal Completion for that part of the
Work. CONTRAGTOR at any timc may notify
the CTI'Y and ENGINEER in wridng that
CONTRACT'OR considers any such part of the
Work ready for iu intendcd use and substandally
complete and request ENGINEER to issue a
cerdficate of Substantial Completion for that pazt
of the Work. Within a reasonable time after
eithcr such request, the CTIY, COIVT'RACTOR
and INGIIVEFR shall make an inspection of that
part of VJork to determine iu status of
completion. If ENGINFER does not consider
that part of the Work to be substancially
coa�lete, ENGIIVEER will notify tbe CITY and
CONT'RAGTOR in writing giving the reasoas
thenfor. If ENGII�JEER considers that part of
the Wark to bo subscantially complete, the
provisions of paragraphs 14.8 and 14.9 will
apply with nspect to ce�rtificadon of Substandal
Completion of that part of the Work and the
division of nsponsibiliry in respect thereof and
access thereto.
14.10.2. Tt�e CTTY may at any time
request CONTRAGTOR in writing to permit the
CTIY to take over operation of any such part of
the Work although it is not substantially
complete. A copy of such requrst will be sent to
ENGINEER and within a reasonable time
thereafter the CITY, CONTRACTOR and
ENGINEER shall make an inspection of that
Qart of the Worlc to determine its status of
compleaon and will prepare a list of items
remaining to be completed or corrected thereon
before final payrnent If CONrRAC'TOR does
not object in writing to the CTTY and
ENGINEER thai such part of the Work is not
roady for separate operadon by the CTIY,
ENGII�IEER will 5nalize the list of items to be
GC-32
completed or cotrected and will deliver such list
to the CITY and CON'I'RACTOR togecher wzth
a written recommendation as to the division of
responsibili[ies pending fina! judgment becween
the CITY and CONIRACTOR with respect to
securiry, operation, safety, maintenance, utilides,
insurance, wartandes and guarancees for that part
of the Work which will become binding upon the
CITY and CONT'RACTOR at the tinne when the
CITY takes over such operation (unless they
shall have otherwise agreed in writing and so
informed ENGINEER). During such operation
and prior to Substantial Completion of such part
of thc Work, the CITY shall allow
CONTR.ACTOR reasonabic access to complete
or correct items on said list and to complete
other related Work
FIN.�L INSPECTION:
14.11. Upon written notice from
CONTRACI'OR that the entire Work or an agreed
porti�n tf�ereof is complete, FNGINEER will make a
final inspeccion with the CITY and CONTRACTOR
and will notify CON'I'R.ACTOR in writing of all
particulars in which this inspection rcveals that the
Work is incomplete, defective, or not i.n accordance
with the Contract Dceumenu. CONTRAC'TOR shall
immediately take such measures as are necessary to
remedy such deficiencies.
FINAL APPLICATION FOR PAYMENT:
14.12. Afur CONTRACTOR has completed in
wriang all such comctions to the satisfacaon of
ENGINEER and delivered all maintenance and
operating instrucdons, schedules, guarantees, Bonds,
certificates of inspection. marked-up ncord dceuments
(as provided in parag�raph 6.19) and other documents all
as required by the Contract Documenu, and afta
ENGIIVEER has indicatod in wridng that the Work is
acceptable and has been completed in conformance
with the drawings and specifications and any approved
changes thereto, CONTRACTOR may make
application for final payment fo{lowing the procedure
fvr Qrogress payuients. The final Application fo�
Payment shall be accompanied by all documentation
called for in the Contract Document�.
FIIVAL PAYMENT AND ACCEPTANCE:
14.13. Upon receipt of written nodce from the
CONTR.ACTOR that the Woric haz beea completed in
conformity with the Drawings and Specificadons and
any approved changes then[o, and receipt of the Fnal
Application for Payment and accompanying
documentation, the ENGINEER shall prompely
exatnine che Work and, making such tesu as he may
deem proper and using all of the care and judgment
normally exercised in the ezamination of completed
Work by a properly qualified and experienced
Professional ENGINEER, shall saasfy himself that the
CON'I'R.ACI'ORS statement appears to be correct and
the CONI'RACTOR'S other obligations under the
Contract Documents have been fulfilled. He shall then
inform the CITY in writing that he has ezaznined the
Work and that it appears, to the best of his knowledge
and belief, to conform to the Con�act Drawings,
Specifications and any approved Change Orders, that
the CONTRACTORS other obligations under the
Contract Documents have been fulfilled, and that he
therefore recoaunends acceptance of the Work for
ownership and Final Paymeat to the CONTRACI'OR.
Howaver, it is agreed by the CITY and the
CONTRACTOR that such statement by the
ENGINEER does not in any way relieve the
CONTRACTOR from his responsibility to deliver a
fully completed job in a g�od and worlm�anlike
condidon, and does not tender the ENGINEER or the
CITY liable for any faulty Work done or defective
maurials or equipment used by the CONTRACTOR.
Upon final compledon and acceptance of the
Wor1c in accordance with Paragtaph 14.13 of the
Gcneral Conditions, the CTI'Y shall pay the remainder
of the contiact price �s recommended by ENGII�fEER
az provided in said paragraph 14.13. Prior to final
payment, the CONTRAGTOR must provide the CITY
with waivers of any and all claims and liens from the
CONTR.ACTOR and any and all subconoractors, sub-
subcontractors, laborers, or. These waivers are
condidons precedent to final paymen� The CTTY may
withhold amounts it deems necessar}► to cover any
claims of ahich it has been aotified of subconcractors,
sub-subcontractors, �aterialmen. suppliers or othec�
from final payment to the COIVTRACTOR
The ENGINEER wiIl then malce a final esrimatc
of the vaJue of all Wor1c done and will doduct thetehom
all previous payments which have been made. 'Iiie
ENGIIVEER will report such estimate to the CITY
together with his recommendarion as to the acceptance
vf the Worfc or � his findings as to any de5ciencies •
thenin. After ceceipt and acceptance by the CITY of
thc properly exccuted Final Wazraaty of Tide and after
approval of tbe ENGIIJF.ERS esdmate and
recommendatioa to the CTI'Y, the Q'TY will make final
payment tv tt�e CONTRAGTOR of the Amount
r�maining aher deducting all prior payments and all
amounts to be kept or retained under the provisions of
GC-33
the Contract Documencs, including, but not limited to,
Liquidated Damages, as applicable.
All prior estimates are subject to corcecaon in
the final estimate. Thirry days after approval by the
CITY of the application for final payment, the atnounc
recommeaded by ENGINEER shall become due and
will be paid to Contractor.
CONTRACTOR'S CONTIN[JING OBLIGATION:
14.14. CONTRACT'ORS obligation to perform
and complete the Work in accordance with the Conti-act
Documents shall be absolute. Neither recommendation
of any progress or final payment by ENGINEER, nor
the issuance of a Certificate of Substantial Completion,
nor any payment by the CIT'Y to CONTRACTOR
under the Contract Documents, nor any use or
occupancy of the Work or any part thereof by the
CITY, nor any act of acceptance by the CITY nor any
failure to do so, nor any review and approvai of a Shop
Drawing or sample subaussion, nor the issuance of a
notice of acceptability by ENGINEER pursuant to
paragraph 14.13, nor any corrcction of defective Work
by the CTI'Y will constitute an acceptance of Work not
in accordancx with the Contract Documents or a czlease
af CONTRAGTORS obligadon to perfocm the Wotfc in
accordance with the Contract Documents.
ARTICLE 15 - SUSPENSION OF WORK AND
TERMINATION
CTTY MAY SUSPEND WORK:
15.1. Thc CITY may, at any rime and without
cause, suspend the Work or any portion thereof for a
period of not more than ninery days by notice in writing
to CONITt�1CTOR and ENGIIVF.ER which will fix the
date on which Work will be raumed. CONTRACTOR
shall resume the Work on the date so fixed. CON-
TRACTOR shall be allowed an increase it� the Contract
price or an extension of the Contract Time, or both,
direcdy attributable to any suspension if
CONTRACTOR makes an approved claim therefor �s
provided in Articles 1 I and 12.
CITY MAY TERMINATE
15.2. Upon the occarrcnce of any one or more
of the following events:
15.2.1. If CONTRACTOR
coaunences a voluntary c�e under any chapter
of the Banlavptcy Code (Tide 11, United Scates
Code), as now or hereafter in effect, or if
CONTRACI'OR takes any equivalent or similar
action by filing a petidon or otherwise under any
other fcderal or state law in effect at such timing
relating to the banlmiptcy or insolveacy;
15.2.2. If a petition is filed against
CONTRACTOR under any chapter of the
Banlavptcy Code as now or hereaftEr in effect ai
the time of filing, or if a petition is filed seolcing
any such equivalent or similar relief against
CONTRACT4R under any other federal or state
law in effect at the ame relacing to banla�uptcy or
insoivency;
15.2.3. If CONTRAC'TOR malces a
general assignment for the benefit of creditors;
15.2.4. If a trustu, receivcr, custodian
or agent of COIVTRACTOR is appointed under
applicable law or under conu,act, whose
appointment oc authoriry to take charge of
property of CONTRACTOR is for the purpose
of enforcing a Lien agaicut such properry or for
the purpose of general administration of such
property for the benefit of CONTRACTORS
creditors;
15.2.5. • If CONTRACTOR admits in
writing an inability to pay its debts generally as
they become due;
15.2.6. If CONTRAGTOR fails to
perform the Work in accordance with the
Contract Documentt (including, but not limiced
to, failiae w supply sufficieat sldlled woricrrs or
suitable materials or equipment or failure to
adhere to the progress schedule established
under pazagraph 2.9 u nviscd fr�om time to
time); �
15.2.7. If CONTRACTOR disregazds
Laws or Regulations of 3ny public body having
jurisdiction;
15.2.8. ff COIVTRAGTOR disegards
the authoriry of ENGIZV'EER; or
15.2.9. If CONTRACTOR otberwise
violates any provisions of the Contract
Documcnts;
The CTIY may, after giving CONTR�ICTOR
and Surery seven days written nodce of any default and
GC-34
to the extent permitted by Laws and Rewlations,
terrninate the services of CONTRACI'OR, exclude
COti"TRAC'TOR from the site and take possession of
the Work and of all CONTRACTOR� tools,
appliances, consuvction equipment and machinery at
the site and tue the samo to the full extent they could bc
used by CONTRACTOR (without liabiliry to
CO�vTRACTOR for trespass or conversion), .
incorporate in the Work all materials and equipment
stored at the site or for which the CITY h� paid
CONTRACTOR but which are stored elsewhere, and
finish the Work as the CITY may deem expedienc In
such case CONTRACTOR shall not be entit[ed to
receive any fiuther payment until the Work is finished.
If the unpaid balance of the Contract Price exceeds the
expense of completing the work including
compensation for additional managerial and
adminisuative services, plus the CITYS disect, ind'a�ct
and consequential losses, damages and cosu bec�use of
the CONTRAGTORS default (including but aot limited
to fers and charges of engineers, architects, attorneys,
and other professionals and court costs) such ezcess
will be paid to CONTRACTOR If such expenses and
costs plus the QI'YS losses and datnages exceed such
unpaid balance, CONTRACTOR shall pay the
difference to the CITY prompdy on demand. Such
costs incurred by the CITY will be approved as to
reasonableness by Q1GIl�EER and incorporaud in a
Chaage Or�ier, but when exercising any rights or
remedies under this para�raph the GTI'Y shall not be
required to obtai.n the lowest price for the work
performed.
15.3. Wtiere CONTRACTORS services have
been so terminated by the CTTY, the termination will
not aff�ct any right� or r�medies of the CTTY against
CONTRACTOR t6en ezisting or which may thereafter
accrue. Any ntention or payment of moneys due
CONTRACTOR by the CI'IY will not releaze
CONTRAGTOR 5rom liability.
15.4. The CITY may terminate this ConC�act
without cause by giving seven (7) days prior written
notice to the Coneractor, and in such event, the CTI'Y
will pay the COriIRACTOR for that portion of the
Coanraet Sum, less tfie aggregate of previo�u payments.
allocable to tbe Work completed as of the Date of
Terminadon, plus reasonable ferminadon expenses.
The CtTY also w�l reimbarse the CON'I'RACTOR for
all costs necessarily iacurred for organizing and
carrying out the siopgage of the Work and paid direcdy
by the CONTRACTUR, not including overhead,
geaeral expeases ar pro6� The CfTY will not be
respoasible to reimburse the CONTRACTOR for any
conanuing coutractual commitments to subcontractocs
or material men or for penaldes or damages for
canceling such contractual commitmen�, (with the
exceprion that the CITY shall reimburse the
CONTRACI'OR for major materials or �quipment
purchased before termination if the CONTRACTOR
can show proof of said purchases prior to nodce of
termination) inasmuch as the CONTRACTOR shall
make all subcontracts and other commitments subject to
this provision. In the event of temunation by the CTTY,
the CITY may require the CONTR.ACTOR gromptly to
azsign to it all or some subcontracts, coaswcdon, plant,
materials, tools, equipment, appliances, rental
agreements, and other commimxnts which the CTIY, in
its sole discretion, chooses to take by assignment, and
in such event the CONTRACTOR shall promptly
execute and deliver to the CITY written �signments of
the same.
CONTRACTOR AiAY STOP WORK OR
TERMINAT'E:
IS.S. If, through no act or fault of
CONTRACI'OR, the Work is siupended for a period of
more than ninety (90) days by the CTI'Y or under an
order of court or other public authoriry, or ENGINEER
faiLs to act on any Application for Payment within thirty
(30) days after it is submitted, or the CITY fails for
sixty (60) days to pay CONI'RACTOR any sum finally
determined w be due, then CONTRACTOR may, upon
seven (7) days svritten notice to the CTTY and
ENGINEER. terminate the Agreement and the CITY
will pay the CONTRACTOR for that poction of the
Con�act Sum. less the aggregate of previous payments,
allocable to the work co'mpleted as of the Date of
Terminadon pl�u reasonable termination expenses. The
CI'TY will not be respoasible to reimburx the
CONTRACTOR for any continuing contcactual
commimaents for canceling such contractual
commiwents inasmuch as the CONTRACTOR shall
mzke all subcoatracts and ather commimxnts subject to
this provisioa Tt�e CITY may require the
CONTRACTOR prompdy to assign to it all or some
subcontracts. conswction, plant, macerials, tooLs,
cquipment, appliances, rental agr�ements, and any ottzer
commitments which the CI'TY. in its sole discredon,
chooses to cake by assignment, and in such event the
CONTRACTOR shall prompdy execuGe and deliver to
the CITY written assignmeats of the same. In addition
and in lieu of terminating the Agreement, if
ENGINEER has failed to act on an Application for
Payment or the CIT'Y has failed to make any payment
as aforesaid, CONTR.ACTOR may upon sevea (� days
written notice to the CITY and INGIIVEER stop the
Work until payment of all aznounts then due. 'l�e
provisions of this paragraph shall not relieve
GC-35
CONTRACTOR of che obligations und�r paragraph
6.29 ro carry on the Work in accordance with the
progress schedule and wlthout delay du.-ing disputes
and disagreements with the CTI'Y.
ARTICLE 16 - MISCELLANEOUS
GI�'IIVG NOTICE:
16.1. �Vhenever any provision of the.Contract
Doc,uments requires the giving of written nocice, it wil]
be deemed to have been validly given if delivered in
person to the ind.ividual or to a member of the firrn or to
an officer of the corporadon for whom it is intended, or
if delivered at or sent by regisured or certified mail,
postage prepaid, to the last business addr�ss known to
the giver of the notice.
COMPUTATION OF TIIViE:
16.2. When any period of time is referted to in
the Contract Documents by days, it will be computed to
exclude the fust and include the last day of such period.
If the last day of any such period falls on a Sanirday or
Sunday or on a day made a legal holiday by the law of
the applicable jurisdiction, such day will be oinitted
from the comQutaaon.
NO LIMTTATION OF RIGHTS AND REMEDIES:
16.3. 'I'he duties and obligadons imposed by
these General Conditions and the rights and remedies
available hereunder to the parties hertto, and in
particulaz bui without limitation� the wazranties,
guarantees and � obligatioas imposed upon
CONTRAC'TOR by paragraphs 6.30, 13.1. 13.12�
13.14, 14.3 and 15.2 and all of the rights and remedies
available to t}ie C'TI'Y and ENGINEER thereunder, are
in addidon to , and are not to be construed in any way
as a limitation of, any rights and remedies available to
any or all of them which are otherwise imposed or
available by Laws or Regulations, by special wananry
or guazantee or by other provisions of the Coatract
Documents, and the provisions of this paragaph will be
as effective us if npeatod speci5cally in the Contract
Documents in connection with each particular duty
obligation, right and remedy to wtuch they a�ply. All
representadons warranties and guaraatees made in the
Conu-act Documents will survive final payment and
tcr:nination or completion of ti�e Agreement
ACCIDE�T �'�1D PREV�ENTION:
16.4. The safet}• provisioas of applicable lavvs
and building and consavction codes shall be observed
by CONTRACTOR and the Contractor shall take or
cause to be taken such addidonal safery and health
measures az che Local Public Agency involved may
determine to be roasonably necessary. Machinery,
equipment and all hazards shall be guarded in
accordance w�th the safery provisions of the "Manual of
Accident Prevendon in Cons�uction" as published by
the Associate.d General Conoractors of America, Inc. to
the extent that such provisions are aot in conflict w�th
applicable laws. TEie Con[ractor shall maintain an
accurate record of all cases of death, occupational
d'�ase, or injury requiring medical attendon or ca�sing
loss of time from woric, arising out of and in the course
of employment on Work under the Conorac� 'Ihe
Contractor shall prompdy fumish the Local Public
Agency with repotts concerning these matters.
16.5. In the event the CTI'Y is prevented from
proceeding witt� any or all of this Work as stated in this
Contract, due to a declaration of war, or national
emrrgeacy, by the United Stai�s govemment, whereas
the construcdoa of the rype conaacted for herein is
specifically prohibit«i by s�tatute oc governmental edict,
or due to the stoppage of construction caused by any
governmental agency, State, City, Town. or County
tcgulations, orders, restricrions, or due to circumstancrs
beyond the GTIYS convol� then the CTI'Y herein
resuves the rig�t to either suspend the Work to be done
for an indefinite period of time or to cancel this
Agreement outright by giving notice by registered mail
of such intention to the CONTRACTOR haein. In the
event of any conditioas above mentioned occurring
after the Work herein 6as already been commenccd,
thea the CI'TY herein shall be liable for only the
cancellation oc suspeasion without the addiaon of
prospecdve profits or other changes whatsoever.
FLORIDA PRODUCTS AND LABOR
16.6. T'be COMRACTORS attrntion is
called to Section 255.04, Florida Statutts, which
roquires that on public building contracts, Florida
products and labor shall be usui wherever price and
quality are equal.
EMPLOYEES:
16.7. All labor described in these
spec�cations or indicated on the Drawings and the
Woric specified or indicated shall be ezecuted in a
GC-36
thoroughly substantial and workmanlikc manner by
mechanics sldlled in the applicable �ades.
16.8. Any person employed on the Work who
fails, refuses or neglects to obey [he ins�vctions of the
CONTRACTOR in anything relating to this Work or
who appears to the CIT'Y to be disorderly, intoxicated,
iruubordinate, or incompetent, shall upon the order of
the CTI'Y, be at once discharged and not again
employed in any part of the Work Any interference
aith, or abuse or threatening conduct toward the CITY,
�1GINEER or their inspectors by the CONTRACfOR
or his employees or agents, shall be authoriry for the
CITY to annul the Contract and re•let the Work. No
intozicacing substance shall be allowed on the Work
site.
NON-DLS CR.I�IINATION:
16.9. The CONTRAC'TOR shall not
discriminate against employees or applicants for
employment because of race, creed, color, teligion, sex,
age, handicapped stattis, disabilides, or aational origin.
The CONTRI�CTOR will endeavor to ensure that
applicants are employed and that employees are treaced
during employment, without regard to their race, creed,
color, religion, sex, age, handica�pai status, or national
origin. Such acdon shall include but not be limited to
the following: emgloyment, upgrading, demodon, or
transfer, recnutment advertising; layoff or termination;
rates of pay or other forms of compensation; and
selection for training including apprendceship. Th�
CONTRACTOR ag.rees to post in conspicuous places,
available to employees and applicants for employment,
notices setting forth the provisions of this
nondisizi*n���ioa clause. These provisions apply to all
subcontractors aad it is the responsibiliry of the
ASSIGNMENT:
16.10. This Agreement, nor any monies due
hereunder, or any part thercof. shall not be assigned, or
transfecred, by CONTRAGTOR, nor shall tbe CITY be
liable to any azsignee or transferee� without the writtcn
consent of the CTTY, to the assignmeat, or transfer.
The CTI'Y shall not release or discharge
CONTRACTOR from any obligation hereunder. The
CITY shall not a�provo an azsignment or �ansfer
unleu the Surety on the Contract Performanc� a�d
Payment Bonds has informed the CITY in writing that
it consents to the assignment or transfer.
vEIY[JE:
16.11. This Agreement shall be govemed by the
laws of the State of Florida as aow and hereafter in
force. The venue for acdons arising out of this
Agreement is fixed in Pinellas County, �lorida.
ASBFSTOS:
16.12. If the COIVTRACTOR during the co�rse
of the Work observes the existence of asbestos in any
s�uctiue, building or facility, the CONTRACTOR shall
prompdy noafy the CTTY and the FNGINEER The
CITY shall consult with the ENGIlVF.ER regarding
removal or encapsulation of the asbestos material and
the CONTRACTOR shall not perform any Work
pertinent to the �sbestos maceria] prior to receipt of
special instructions from the CITY through the
ENGINEER
RIGIiT TO AUDTT:
16.13 If the CONTRACTOR submits a claim
to t6e CITY for additional compensadon, the CTI'Y
shal! have the right, as a condidon to consideting the
claim, and as a basis for evaluation of the claim, and
uncil the claim has been settled, to audit the
C�IV'IRACTOR'S books to the extent tfiey azz relevant
This right shall include the right to ezamine books,
records, documents, and other evidence and accounting
procedures and pmctices, sufficient to discover and
verify all direct and indirect costs of whatever nature
claimed to have been incu:red or andcipated to be
incurred and for which claim has been submitted. The
right to audit shall include the right to inspect the
CONT'RACTORS plants, or such parts ther�of, as may
be or 6ave been eagaged in the performance of the
Work. The CONTRACTOR further agrees that the
rigbt to audit encompazses all subconoracts and is
binding upon all subcoaaacton. Tbe rights to examine
and inspact herein provided for shall be eaercisable
through such cepresentatives as the CIT'Y deems
desirable d�uiag the CON'TRAC'TORS nocmal biuiness
hours at the o�ce of the CONTRACTOR The
accounting records and documents, and other financial
data, and upoa cequest, shall submit true copies of
requested records to the CTTY.
CONTRACT TIl1�E; LIQUIDATED DAMAGES:
16.14 The work will be substandally
completed within calendar from the date when the
Coatract Time commencu to run as provided in
paragraph 23 of the General Conditions, and completed
and ready for final payment in accordance with
GC-37
paragraph 14.13 of the General Conditions within che
stated caleodar days fi-om the date of Substanual
Completion.
16.14.1 Liquidated Damages. The
CTIY and COIvTRACTOR recognize that
tune is of the essence of this Agreement and
chat the CITY will suffer financial loss if the
Work is not completed within the times
specified in Contract Time above, plus any
eztensions thereof allowed in accordance with
Article 12 of the General Conditions.
The CTIY and CONTRACTOR recogniie,
aeree and acknowledge that it would be
iinpracrical and eztremely diff cul[ to ascertain
and fu the actual damages that the CTI'Y
would suffer in the event CONTRACTOR
neglects. refuses, or otherwise fails to
complete the wotic within the time specified.
Accordingly, insuad of requiring any such
proof, the CTI'Y and CONTR.ACTOR agree
that as liquidated damages for delay (but not
as a penalry) CONTRACTOR shall pay the
CITY five hundred dollars (5500.00) for each
day that ezpires after the ti.me specified in
para�rraphs 3.1 for substancial compledon undl
the Work is substantially complete. After
Substandal Completion, if CONTRACTOR
shall neglect, refuse or fail w complete the
romaining Work within the Contract Time or
any proper exteasion thereof granted by the
CITY, CONI'RAGTOR shall pay CITY five
hundred dollars (S500.00) for each day that
expires after the time specified in paragraph
3.1 for compledon and readiness for final
paymen�
PAYMENT PROCEDURES:
16.15 Conuactor shall submit Applications
for Payment in accordance with Article 14 of the
Genera! Conditions. Applicacions for Payment will be
processed by ENGII�IEER as provided in the General
Conditions.
16.15.1 Progress Paytnents. The
CITY shall make progress payments on
account of the Contract Price on the basis of
CONTRACTOR'S Applicatioas for Paymcnt
as recommended by ENGIl�IEF.R, on or about
the first day of each month during conswction
as providai below. All progness payments will
be on the basis of the progress of the Work
me�sured by the schedule of values
established in Paragraph 2.6.3 of the Geneca]
Coadirions and in the case of Unit Price GVork
based on the number of units completed or, in
the event there is no schedule of values, as
provided in the General Requirements.
Con�actors shall submit a Progress Payment.
affidavit and partial release of lien to the
CITY on forms wtuch the CI'TZ' may provide,
indication that all subcontractors, sub-
subcon[ractors, laborers, materialmen, and
suppliers have been paid for [he improvements
completed
16.15.1.1 Prior to Substantial
Completion progress payments will be made
in an amount equal to 90�Io of the work
completed, but, in each case� less the
aggregate of payments previously made and
less such amounts as ENGINEER shall
determine, or the CITY may withhold, in
accordance with paragraph 14.7 of the General
Conditions.
16.15.1.2 Prior to Substanrial
Completion, progress payments for materials
and equipment not incorporated in the Work
but delivercd and suitably stored and
accompanied by documentacion sadsfactory
to d�e CI'TY, as provided in paragraph 14.2 of
the General Conditions, will be made in an
amount equal to 0�'o as established by the
schedule of values.
16.15.2 Final Payment Upon fi.nal
completion aad accepcance of the Work in
accordance with paragiaph 14.13 of the
General Conditions, the CTTY shall pay the
nmainder of the Contract Price as
recoma�ended by ENGIl�IEEER as Qrovided in
said paragraph 14.13. Prior to fiaal payment,
the Contractor mt�st provide the Ciry with
waivers of any and all cLzims and liens form
the Contractor and any subcontractors. sub-
subcoatractors, labonrs, suppliers of
materialmen. Tiiese waivers are condidons
precedeat to final paymen� The Ciry may
withhold amounts it deems necessary to cover
any claims of whicb it has been notified of
subcontractors, sub-subcontractors, laborers,
suppliers of materialmen or others from fiaal
payment to the Conoractor.
CONTRACTOR'S REPRESENTATIONS:
16.16 In ordcr to induce the CTIY
GC-38
to cnter into this Agreemcnt COIvTRACTOR
mal�es the followzng
representations:
16.16.1 CONi'RACTOR has
familiarized iuelf with the nature and extent of
[he Con�act Documents, Work, site, localiry,
and all local conditions and Laws and
Regulations that in any manner may affect
cost, progress, performance or furnishing of
the Work
16.16.2 CONTRACTOR has
obtained at hislher own expense and carefully
studied, or assumes responsibility for
obtaining and carefully studying, soil
invesdgadons, explorations, and cest reports
which pertain to the subsurface conditions at
or contiguous to the site or otherwi�e may
affect the cost, progress, performance or
futnishing of the Work as CONTRACTOR
considers necessary for the performance or
furnishiag of the Work at the Contract Price.
within the Conttact Price, within the Contract
Time and in accordance with the other terms
and condi[ioas of the Contract Documents,
including specifically the provisions of
pazagraph 4.2 of the General Conditions and
paragraph 4.4 of the Instructions w Bidden;
and no additioaal examinadons�
invesrigadons, explorations, cests, reports,
studies or similar inforu�ation or data are or
will be required by CONTRACTOR for suc6
P�Poses.
16.16.3 CONTRACTOR has
reviewe� ar�d checked all information and data
shown or indicated on the Contract
Documents with respect to exisring
Underground Facilities at or contiguous to the
site and assumes responsibiliry for the
accurate location of said Underground
Facilities. No additional examinations,
investigadons, explorations� tests, cepoRs,
studies or similar information or data in
respect of said Underground Facilides are or
will be required by CONTRACTOR in ordec
to perform and furnish the Woric at the
Contract Price, within ehe Con�act Time and
in accordance with the other terms and
conditions of the Con�act Documents,
including specifically the pmvisions of
Paragraph 4.3 of the General Conditions
16.16.4 CONTRACI'OR h3s
correlated the results of all such observations�
examinadons, investigaaons. explorations,
tests. cepocts and saidies with the terms and
cond.idoas of the Conaact Documents.
16.165 CONTRACTOR has givea
written notice of all conflicu, errors or
discnpancies that he has discovere3 in the
Con�act Documents and the written resoluaon
tbereof by ENGINEEFt is acceptable to
CONTRACTOR
Azurix Notth America
Company:_ Underqround Infrastructure, Inc.
109 AppleWOOd Drive, Longwood, FL 32750
407-260-9668
Date: Auqust 21, 2002
1
Signahaei
(Authoriud C rate Officer)
Michael Cannon
' Vice President
(COR.�ORATE SEAL)
GC-39
�
Bidda rr:.; cnmpletc the Work for the followin,v prices:
Bid
Number
i
z
3
4
5
6
�
8
9
io
11
12
13
14
15
16
17
18
19
m
SCHEDULE OF BiD PRICES
Bid Item
t:ne Cleaning - Li�t
[:tie Ueaning - Spedalty
8" invenion Lining - 6 mm Thichness
10' Inversion lining - 6 mm 'Ihic]mess
1G' Inversian lirdng - 7S mm Thiclatess
L [nverion Lining - 6 mm 'Ihiclat�,s
lr rm�ersion tinii,g - 7s mm ihicl�ss
1S Inversion Lining - 6 mm 'Ihiclmess
IS Inversion Lining - 75 mm Thiclatess
IS Inversion Lining - 9 mm Thic3mess
1S' Invession Lining - 6 mm Thiclmess
18' Imenion [.ining - 7S mrn Thic3atess
1S' InversionI.ining-9 mat'Iitiiclatess
ls- tmersion tining- los ma, Thicla,ess
Sezvice iatetals - Standard Retvnnection
12' Iavessivn Liriing (Stormrvater. 6 mm. +/-15 atim)
1S L�sversion Lining (Starmwader, 75 ma+. +/- IS mm)
18' Im�sion Liaing (Stormwabez. 9 mm, +/-1S mai)
24' Invasion Liaing (Sta�cmwater, lOS ma�, +/-15 mm)
30- Imenion uning (5totatwaoer,l2 mm. ��- ls n,a,)
Unit Unit Cost
Z000 tF � G. �� � /, DOC. CC
soo t,F ��% 0 � � �.`> CO.00
�ooa t.� ��� co ,:,z.9 �Ga. c�
500 LF ��/. 06 �.35 : J t%��. O 0
,
soo t,F �` 33, ov `� /G, �SOD, co
i oo t.� '` 3>, 50 � 3, .r5"v, na
ioo �`� 310, 50 � _3; (o / O. o0
loo I.F ���v ':S�O � � lv •SO• CC
�oo � -��c.�o � G, c.�;o�co
ioo �'� G�f � o �' G, �J.so- o0
ioo r,.F �G/. 5'0 �" G, ���o, o�
ioo tF '� �-3. 7 D � (., .3 T�. GG
ioo tF �`/c.�.�� � �, .5-�n• Ga
ioo t,.F �!o?�G � � l, 7�G•GG
soo Ep � I� DO � .ij�pp. 00
100 I.F � ��%Jf�� � .��; '�IQ. � tJ
100 LF � �4.i �.� '� re.o�..'z �• dr)
�.�
ioo �� l>':� 0� t; 7�0• O a
100 LF � •.!J Q � ���l? r O G
ioo rF �`/.�3• 5l� � 1.�2, 3 5C�• �o
7ah1 Evaluated Did For.
Bid No. 02-B-8?1
Project : Sanitary Sewes md Soormwata Iave:sim [lning
Number� � /JC�j ='�G'C%�• C Q
wo� G,v� ,�r�,v��'r G"i�7"�/-six 'ff-Gr�5�3'�� lulo l�'uN`�L` �����/�� �-' ���u7-s
zurix or merica Underground
�mp�+Y Inf rast uc u
sigsue,ur cAuthoriud corporate off aat} �
ichael Can n� Vice President
109 Applew od Drive
, Longwood, FL 32750
407-260-9668
1leuurement and Payment
5ection 01025
SECTION 01025
MEASUREMENT AND PAYMENT
PART 1- GENERAL
1.01 EXPLANATION AND DEFINITIONS
The following explanation of the Measurement and Payment for the bid form items is made for information and
guidance. The omission of reference to any item in this description shall not, ho«�ever, alter the intent of the bid form
or relieve the Contractor of the necessity of fumishing such as part of the Contract.
1.02 PAYMENT
A. Payment shall be made for the items listed on the Bid Form on the basis of the work actually performed and
completed. Such work shall include, but is not limited to, the fumishing of all necessary labor, materials,
equipment, transportation, clean up, and all other appurtenances to complete the construction and installation
of the work, to the configurahon and extent as shown on the drawings, and descnbed in the speciEications.
B. It is intended that all mobilization, maintenance of traffic, sediment and erosion control, testing, insurance, bond,
license and other miscellaneous administrative costs, and all other costs to the Contractor not specifically
identified in the following item description be distn7�uted among and induded in the unit prices stated. No
additional payment shall be made for transportation, communications, office maintenance, project signs,
maintenance of traffic, barriers, and other incidental work or services, and no further payment shall be made for
remobilization unless all of the work is suspended by the Engineer for a period in excess of three months and
through no fault to the Contractor.
C. All required manufacturer testing and certification should be included in the unit prices shown in the Proposal
and Contract Density testing required for compacted backf'illing, and concrete strength and materials testing
. required at the time of construction shall be perfozmed and paid for by the contrador.
PART 2 - MATERIALS
Not Used
PART 3 - EXECUTION
3.01 LINE CLFANING - Bid Item Nos. l d= 2
A. This item provides for all labor, equipme�t, material, bypass pumping, mobilization, restoration, traffic control,
barriers, and removal, handling and disposal of materials associated with line cleaning. The quantity to be
measured for payment under this item will be the actual number of lineal feet of line deaned as measured from
wall of manhole inlet to wall of manhole inlet, regardless of pipe diameter.
B. Payment for line cleaning shall be made for light cleaning and specialty cleaning. Light cleaning is defined as
the removal of material and/or debris from a section of pipe (less than 20% of the pipe diameter). Specialty
rleaning is defined as the removal of material and/or debris (greater than 20% of the pipe diameter), or the
presence of grease, roots, pre-existing liner system, or tuberculation The unit price for specialty cleanin� shall
be indusive of any additional equipment or resources necessary for the removal and disposal of such material,
and shall be paid for the aetual lineal feet cleaned. Payment shaIl be made only after provision of disposal tickets
for disposed materi�l.
Psge 1 of 3
m/»/oz ii:ia �
hiei.+urea�ent and P�yment
Section OlOS
3.02 8" L'VVERSION LINING - Bid Item I�io. 3
A. This ite.m provides for all labor, equipment, material, mobilization, traffic control, barriers, setup, initial and final
televising, all bypass pumping, and installation of 8" inversion lining for sanitary sewer lines. The quantity to
be measured for payment under this pay item will be the actual number of feet inversion lined measured hom
wall of manhole inlet to wall of manhole inlet.
B. Payment for im�ersion lining shall be made for the actual number of feet inversion lined.. Unit pricing shall be
based on a liner thic�mess of 6 mm.
3.03 10" INVERSION LIIVING - Bid Items No. 4& 5
A. This item provides for all labor, equipment, material, mobilization, h�aEfic control, barriers, setup, initial and Einal
televising, all bypass pumping, and installation of 10" inversion lining for sanitary sewer lines. The quantity to
be measured for payment under this pay item will be the actual number of feet inversion lined measured from
wall of manhole inlet to �vall of manhole inlet.
B. Payment for inversion lining shall be made for the actual number of feet inversion lined.. Unit pricing shall be
based on a liner thiclmess of 6 rnm or 7.5 mm. Variations in liner thickness shall be addressed by the respective
Bid Item.
3.04 12" IIWERSION LINING - Bid Items No. 6 dz 7
A. This item provides for all labor, equipment, material, mobilization, traffic control, barriers, setup, initial and final
televising, all bypass pumping, and installation of 12" inversion lining for sanitary sewer lines. The quan�ty to
be measured for payment under this pay item �vill be the actual number of feet inversion lined measured from
wall of manhole inlet to wall of manhole inlet.
B. Payment for inversion lining shall be made for the actual number of feet inversion lined.. Unit pricing shall be
based on a liner thickness of 6 mm or 7.5 mm. Variations in liner thiclmess shall be addressed by the respective
Bid Item.
3.05 15" INVERSION LINING - Bid Items No. 8, 9 dc 10
A. This item provides for all labor, equipment, material, mobilization, traEfic control, barriers, setup, initial and 6na1
televising, all bypass pumping, and installatio�n of 15" inversion lining for sanitary sewer lines. "I'he quantity to
be measured for payment under this pay item will be the actual number of feet inversion lined measured from
wall of manhole irilet to wall of manhole inle�
B. Payment for inversion lining shall be made for the actual number of feet inversion lined.. Unit pricing shall be
based on a liner thiclrness of 6 mm, 7S mm, or 9 mm. Variations in liner thiclmess shall be addressed by the
respective Bid Item.
3.06 18^ INVERSION LINING - Bid Items No.11,12,13 dc 14
A. This item provides for all labor, equipment, material, mobilization, trafSc control, bazriers, setup, initial and final
televising, all bypass pumping, and installation of 18" invetsion lining for sanitary sewer lines. The quantity to
be measured for paymesit under this pay item will be the actual number of feet inversion lined measured from
wall of manhole inlet to wall of manhole inlet.
B. Payment for inversion lining shall be made for the actual number of feet inversion lined.. Unit pricing shall be
based on a liner thickness of 6 mm, 7S mm, 9 mm, or 10.5 mm. Variations in liner thickness shall be addressed
by the respective Bid Item.
Pagt 2 0( 3
m�i�iaQ ii:ie n.�1
Mevurcment and Payment
Section 01025
3.07 SERVICE LATERALS — STANDARD RECONNECTION - Bid Item No.15
A. This item pro��des for all labor, equipment, material, mobilization, traffic control, barriers, setup, initial and final
televising, all bypass pumping, and reconnection of service lateraLs. The quantity to be measured for payment
under this pay item will be the actual number of service lateraLs reconnected.
B. Payment for service lateral reconnection shall be made for the actual number of service laterals reconr►ected. Unit
pricing shall not �•ary between service lateral or sewer line sizes.
3.08 12" INVERSION LINING (STORMWATER, 6MM +/-1.5M1V� - Bid Item No.16
A. This item provides for all labor, equipment, material, mobilization, traffic control, barriers, setup, initial and final
televising, all bypass pumping, and installation of 12" inversion lining for stormwater lines. The quantity to be
measured for payment under this pay item will be the actual nurnber of feet inversion lined measured frorn wall
of manhole inlet to wall of manhole inlet.
B. Payment for inversion lining shall be made for the actual number of feet inversion lined.. Unit pricing shall be
based on a nominal liner thiclmess of 6 mm, and be paid for any variations of up to +/-1.Smm.
3.09 15" INVERSION LINING (STORM�NATER, 7.5MM +/-1.5MNn - Bid Itern No. 17
A. This iten► provides for all labor, equipment, material, mobilizadon, traffic control, barriers, setup, initial and final
televising, all bypass pumping, and installation of 15" inversion lining for stormwater lines. The quantity to be
measured for payment under this pay item will be the actual number of feet inversion lined measured from wall
of manhole inlet to wall of manhole inlet.
B. Payment for invession lining shall be made for the actual number of feet inversion lined.. Unit pricing shall be
based on a nominal liner thiclmess of 7.5 mm, and be paid for any variations of up to +/-1.5mm.
3.10 18" II�TVERSION LIIVING (STORMWATER, 9MM +/-1.5MM) - Bid Item No.18
A. This item provides for all labor, equipment, material, mobitization, traEfic control, barriers, setup, initial and final
televising, all bypass pumping, and installation of 18" inversion lining Eor stormwater lines. The quantity to be
measured for payment under this pay item will be the actual number of feet inversion lined measured from wall
of manhole inlet to wall of manhole inleG
B. Payment for inversion lining shall be mnde for the actual number of feet inversion lined.. Unit pricing shall be
based on a nominal liner thidaless of 9 mm, and be paid for any variations of up to +/-1.Smm.
3.11 24" INVERSION LINING (STORMWATER,10.5M1�I +/-1.5MNn - Bid Item No.19
A. This item provides for all labor, equipment, material, mobilization, traf5c control, bazriers, setup, initial and final
televising, all bypass pumping, and installadon of 24" inversion lining for stormwater lines. The quantity to be
measured for payment under this pay item will be�the actual number oE feet inversion lined mea.sured from wall
of manhole inlet to wall of manhole inle�
B. Payment for inversion lining shall be made for the actual number of feet inversion lined.. Unit pricing shall be
based on a nominal liner thiclmess of 10.5 mm, and be paid for any variations of up to +/-1Smm.
3.12 30" IIVVERSION LINING (STORMWATER,I2MM +/- LSMM) - Bid Item No. 20
A. This item provides for all labor, equipment, material, mobilization, traEfic control, barriers, setup, initial and final
televising, all bypass pumping, and installation of 30" inversion lining for stormwater lines. 'Iiie quantity to be
measured for payment under this pay item will be the actual number of feet inversion lined measured from wall
Page 3 0( 3
�
Measureairnt and Piymrnt
Sectios� 01025
of manhole inlet to wall of manhole inlet.
B. Payment Eor inversion lining shall be made for the actual number of feet inversion lined.. Unit priring shall be
based on a nominal liner thickness of 12 mm, and be paid for any variations of up to +/-1.Smm.
END OF SECTION
Page 4 of 3
o��v�aQ i�:u w�t
SECTION 01530
BARRIERS
PART 1- GCNCRAL
1.01 REQUIRCMCNT5INCLUDED
B�rriers
Section 01530
Furnish, inetnll nnd mnintain suitable barriers as required to prevent public entry, and to protect the Work, existing
Eacilittes, tree� nnd �Innt� (rom construction operations; remove when no longer needed, or at completion of Work.
1.02 RELATCD RCQUInCMENTS
A. Section 0101U; Sunun�ry of �Vork.
B. Section O150Q; C�mntructian I�aciUties and Temporary controls.
0
PART 2 - PRODUCTS
201 MATERIALS, GENCRAL
Materials mny be new or ua�d, euitnblc far thc intended purpose, but must not violate requirements of applicable
codes and standards,
zoz �vcnvc
A. Minimum fence hcight aGc fcet.
B. Open-Mesh Fence:
1. No il gauge, two Irtich mesh, ?2 inches high galvanized chain link fabric, with extension atms and three
strands of galvaluzed barbed wire. �
Z. Galvanized steel posts; l-1 /2 inch line posts and two inch corner posts.
203 BARRIERS
MateriaLs are Contractor's option, as appropriate to serve required purpose.
PART 3 - EXECUTION.
3.01 GEI�TERAL
A. Install facilities oE a neat and reasonably uniform appearance, structurally adequate for the required purposes.
B. Maintain barriers during entire construction period.
C. Relocate barriers as required by the progress of construction
Page 1 of 2
07/]2/OZ 237 PM
r.� a.i....j_�� .
Barrien
Sectien 01530
3.02 FENCES
A. Provide and maintain fences necessary to assure security of the site during construction to keep unauthorized
people and ani.mals form the site when construcrion is not in progress.
B. Gates shall have locks; and keys shall be furnished to the Owner.
C. Provide additional security measures as deemed necessary and approved by the Engineer.
3.03 TREE AND PLANT PROTECTION
A. Preserve and protect e�isting trees and plants at site wluch are designated to remain, and those adjacent to site.
B. Consult with the Engineer, and remove agreed-on roots and branches which interfere with construction.
1. Ernploy qualiEied tree surgeon to remove branches and treat cuts.
C. Provide temporary barriers to a height of six feet, around each, or around each group, of �ees and plants.
D. Protect root zones of trees and plants:
1. Do not allow vehicular traffic or parking.
2. Do not store materiaLs or products.
3. Prevent dumping of refuse or chernically injurious materiaLs or liquids.
4. Prevent puddling or continuous nutning water.
E. Carefully supervise excavating, grading and filling, and other construction operations, to prevent damage.
F. Replace, or suitably regair, trees and plants designated to remain which are damaged or destroyed due to
construction operations.
3.04 REMOVAL
A. Completely remove barricades, omit, when construction has progressed to the point that they aze no longer
needed and when approved by Engineer.
B. Repair damage caused by construction. Fill and grade areas of the site to the required evaluations, and clean up
the area.
Page2of2
07/12/Q2 2•37 PM
_.� e�.�.....:..,.\ �..�.. TLJ.�r\ 1 f1I� . t� n/ Mn1\ MC1A O.
SECTION 01570
TRAFFIC CONTROL
PART 1- GENER.AL
1.01 REQUIREMENTS INCLUDED
Tnffic Control
Section o1570
A. Provide, operate and maintain equipment, services and personnel, wid� traEEic control and protective devices,
as required to expedite vehicular traffic flow around the construcdon area.
B. Remove temporary equipment and facilities when no longer required, restore grounds to original, or to specified
conditions.
1.02 REFERENCES
Traffic regulation shall be in accordance with F.D.O.T. Roadvvay and Traffic Design Standards, Manual on
Uniforrn Traffic Control Devices, and FDOT Standard Specifications, latest EdiHons.
1.03 TRAFFIC CONTROL PLAN
A. The Contractor is to prepare a traffic control plan and/or policy statement for each phase of construction. This
plan is to be presented to the City Engineer at or before the pre-construction meeting.
B. All proposed traffic control plans and policy statements shall be complete and in compliance with Section 1.02
1.04 TRAFFIC SIGNALS AND S�GNS
A. Provide and operate traffic control and directional signals required to direct and maintain an orderly Elow of
traffic in all areas under Contractor's control, or affected by Contractor's operations.
B. Pravide traffic control and direction signs, post mounted, at all areas required by Section 1.02
C Traffic 5ignals - Construction requiring traffic signal modification shall be reported to the City Fngineer at least
72 hours prior to the commencement of such activities. All excavadon work within 30 feet of any traffic signal
shall be reported to the City Engineer at least 7Z hours prior to its commencement.
D. All existing traffic signs shall remain visible throughout construction activities unless superseded by required
construction signing.
1.05 FLAGMEN
Provide qualified and suitably equipped IIagmen when construction operations encroach on traffic lanes,
as required for regulation of traffic (See Section 1.02).
Page 1 of 2
0�/12/02 2i37 PM
TnEfic Control
Sec�on O1S0
� 1.06 FLARES AND LIGHTS
A. Provide lights as required by Section 1.02.
1. To clearly delineate traffic lanes and to guide traEnc as required in Section 1.02
2. For use by flagmen in directing traffic.
B. Provide illumination of cridcal traffic and parking areas as required in Section 1.02.
1.07 CUNSTRUCTION PARKING CONTROL
A. Control vehiculaz parking to preclude interference with public traffic or parking, access by ernergency vehicles,
Owner's operations, or construction operabons.
B. Monitor pazking of construction personnel's private vehicles.
1. Maintain free vehiculaz access to and through parking areas and driveways.
2. Prohibit parldng on or adjacent to access roads, or in non-designated areas.
1.08 CONSTRUCTION VEHICLES
A. All slow moving construction vehicles shall have a slow moving sign visible from the rear of the vehide.
B. All vehides used for construction activities shall have audible back-up waming devices.
1.09 ROAD CLOSURES
A. Nv road shall be closed prior to receiving approval from the City Engineer.
B. At least seven days prior to a proposed road closure, the contractor shall submit to the City Engineer a complete
traffic control plan This plan shall include the following minimum information:
1. Sketch of work site and all area roads, streets and mark driveways.
2 Proposed detour route.
3. All necessary traffic control devices to be used.�
4. Emergency contractor contact person name and phone to be available 24 houzs a day.
5. Estimated times/dates of road dosure.
G The City Engineer shall have the authority to approve an emergency road closure.
PART 2 - PRODUCTS --
A, All traffic control devices shall meet or exceed FDOT certification standards.
B. All traffic signs shall have high intensity face matCildL
PART 3 - EXECUTION
A. Upon not'�f'ication by the owner either verbally or in writing, the contractor shall correct any noted defiaencies
within one hour.
B. Inspection of all traffic control items shall be accomplished at least twice per day. One of these inspections shall
be at the end of the work day or at nigh�
Page 2 of 2
m�u�oz � A►c
1.01
SECTION 02i01
PIPE LINING BY INVERSION
PART 1- GENERAL
SCOPE
Pipe Lining by Inversion
Secnon OJ'DI
This practice descnbes the procedures for the reconstruction oE pipelines and conduits (8 , 10, 12,15, and 18 in., and
laterals) by the installation of a resin-impregnated, flexible tube which is in�•erted into the existing conduitby use of
a hydrostatic head or air pressure. The resin is cvred by cireulating hot water or introducing controlled steam withir►
the tube. When cured, the finished pipe will be continuous and tight-fitting. This reconstruction process can be used
in a variety of gravity and pressure applications such as sanitary se�ti�ers and storm sewers. Pipelines for
reconstruction on this project consist of prunarily ductile iron pipe, with some reinforced concrete pip� and vitrified
clay pipe.
The work is to be performed by annual bid, with an estimated minimum footage of two thousand five hundred (2500)
lineal feet of sewer line to be inversion lined on an arutual basis. The term of this bid will be from the date of award
through September 30, 2003. The City of Largo reserves the right to extend the contractor for two addidonal one-year
extensions with the approval of the contractor. The estimated footages identified in the Schedule of Bid Prices are for
comparison only. The locations to be inversion lined will be as d'uected by the City of Largo designated
representative. The City of Largo will issue task orders to the contractor in minimum increments of a25,000 or more.
The Contractor shall be required to be on the job site and performing services within twenty-one (21) days of
notiEication of each service request.
No dig inversion lining is required. The Contractor will be responsible for sewage Elow control during all hours of
installation Night installations may be required in some sewer lines due to sewage and/or traffic flow conditions.
Coordination of the IIow control and rehabilitation is the respons�ility oE the Contractor.
The indemnification provision contained in the General Cond.itions is incorporated herein, and made a part hereof,
as if fully set forth herein.
SAFET'Y
1. Contractor will report any condition to the City of Largo which may pose a threat to the health and welfaze of
employees of the City, Contractor, or the general public.
2. Contractor will use employees that are properly trained and who are a�vare of possible work, materials, and job-
site related hazards.
3. Contractor will ensure that waste material is properly disposed in accordance with applicable reguladons and
safety precautions.
4. Contractor shall comply with all local, state and federal safety requirements, including but not lunited to OSHA.
: � : �. � �.�.� ��,i�.r�.�
ASTM Standards:
D543
D638
D790
D883
D903
D1600
D3839
F412
P�ge 1 of 6
07/ 16/02 8:06 AM
Test Method for Resistance of Plastics to Chemical Reagents
Test Method for Tensile Properties of Plastics
Test Methods for Flexural Properties of Unreinforced and Reinforced Plastics and Electrical Insulating
Materials
Definitions of Terms Relating to Plastics
Test Method for Peel or Stripping Strength of Adhesive Bonds
Terntinology Relating to Abbreviations, Acronyms and Codes for Tezms Relating to Plastics
Practice for Underground Installation of Fiberglass (Glass Fiber Reinforced Thermosetting Resin) Pipe
Terminology Relating to Plastic Piping Systems
h
Pipe Lining by lnvenion
Secdon 0:701
F1216 Standard Practice for Rehabilitation of Exishng Pipelines and Conduits by the Inversion and curing of a Resin-
Impregnated Tube
F1743 Standard Practice for Rehabilitahon of Existing Pipelines and Conduits by Pulled-in-Place Installation oE
Cured-in-Place Thermosetting Resin Pipe (CII'P)
AWWA Standard:
Manual on Cleaning and L'uung Water Mains, M28
NASSCO Standard:
Recommended Specifications for Sewer Collection System Rehabilitation
TERMII�IOLOGY
A. Descriptions of Terms Specific to This Standard:
1. cured-in-place pipe (CIPP) - a hollow cylinder containing a non-woven or a woven material, or a
combination of non-woven and woven material surrounded by a cured thermosetting resin. Plastic
� coatings may be induded. This pipe is formed within an existing pipe. Therefore, it takes the shape of
and fits tightly to the existing pipe.
2 inversion - the process of turning the resin-impregnated tube inside out by the use of water pressure or
air pressure.
3. lift - a portion of the CII'P that has cured in a position such that it has pulled away from the existing pipe
wall.
REQIJIItED CONTRACTOR FXPERIENCE
The contractor performing lining services shall submit documentation in support of the following requirements:
A. Contractor providing the inversion lining service must be Florida based, or have Florida offices established
for a mirumum of five (5) years;
B. Contractor must have a mi.nimum three (3) yeazs experience with the liner system being proposed;
C. Inversion lining system shall have a minimi�m 100,000 lineal feet of installation within the U.S., and 50,000
lineal feet of installation within Florida.
D. Contractor and liner system must provide a non-prorated, one-year guarantee on the liner installed. The liner
must protu`bit root intrusion, protect the existing sewer line from further deterioration, and provide a surface
coating resistant to sewer gases and chemicals.
E. Contractor and manilole sealing system must provide a non-prorated, five-year guarantee on material and
worlmtanship for rnanhole sealing and annulaz space sealing. The manholes, along with aztnular spaces at
pipe to manhole and lateral to pipe connections, shall be free from irtfiltration for a period of five-years.
PART 2 - PItODUCTS
MATERIAIS
A. Structural Properties
Page 2 of 6
v�/�biaz a� wt�t
r. �"
The installed CIPP shall meet the following minimum structural properties:
Tensile Strength (A.STM D638)
Flexural Strength (ASTM D790)
3,000 psi
4,040 psi
t
Pipe Lining by Inve:sion
�ecaon e"ot
Flerural Modulus of Elasricity (ASTM D790) 300,000 psi
Retention of Properties to Account for Long Term Effects 50%
B. Tube - Tubes shall be manufactured in accordance w�ith ASTM F1216 or ASTM 1743.
C. Resin - A general purpose, unsaturated, styrene based thermoset resin and catalyst system or an epoxy resin
and hardener that is compatible with the inversion process should be used. The resin must be able to cure
in the presence of water and the initiation temperature for cure should be bet-rveen 1�0 and 200 deg-rees
Fahrenheit.
PAftT 3 - EXECUTION
DESIGN CONSIDERATION5
A. General Guidelines - The design thiclrness of the CIPP is largely a function of the condition of the existing
pipe. Prior to the commencement of design activities, concurrency must be provided by the o�ti�ner as to the
pipe length, condition, soil cover, anticipated loading, waste�vater characteristics, and other conditions
integral in the design of each sewer segmen� All inversion lining designs shall be based upon a system life
span of fifty (50) years.
B. The contractor shall submit designs to the owner for each manhole to manhole section of pipe prior to the
start of construction acti�rities. Designs will be made in accordance with ASTM F1216. Designs will include,
at a minimum, assumptions, calculated liner design truc�mess by se�ver segment, and recommended dry tube
thiclrness for each sewer segment. Finished dry tube thiclaless shall exceed calrulated design thiclmess for
all cases. Cut sheets of the resin to be used shall also be provided.
C. Cantractar shall submit technical information from the tube manufacturer on the rr.aximum allowable tensile
stress for the tube with design calculations prinr to the start of construction
INSTALLATION
General
The work to be performed under this contract shall be performed Monday through Friday, 7:00 a.m. through 6:00 p.m.
The City aclmowledges that the work to be performed may require performance of work outside of this time frame.
All work performed outside of the stipulated time Erame must be requested and approved by the City of Largo a
minimum of 24 hours in advance of performing such work
A. Cleaning and Inspection
1. Prior to entering access areas such as manholes, and performing inspection or cleaning operations, an
evaluation of the atmosphere to determu�e the presence of toxic or flammable vapors or lack of oxygen
must be undertaken in accordance with local, state, or federal safety regulations.
2 Geaning of Pipeline - All intemal debris shall be removed and disposed of from the original pipeline.
Gravity pipes should be cleaned wi.th hydraulically-gowered equipment, high-velocity jet cleaners, or
mechanically-powered equipment (see NASSCO Recommended SpeciEications for Sewer Collection
System Rehabilitadon).
Inspection of Pipelines - Inspection of pipelines shall be performed by experienced personnel trained in
locating breaks, obstacles, and service cannections by closed circuit television The interior of the pipeline
shall be cazefully inspected to determine the location of any conditions that may prevent proper
installation of the impregnated tube, such as protrud.ing service taps, collapsed or crushed pipe, and
reductions in the cross-sectional area of more than 40°0. These conditions should be noted so that they
can be corrected.
Page 3 of 6
m/i6�a� a� �t�t
CACw..tw��i.� �-�1.� H�I���� R/� � N. n/ nMTI.�.��J�� 1
Pipe [�ning by Invenion
SecCOn OZ,'Ol
�. Line Obstructions - The original pipeline shall be clear of obstructions such as solids, dropped joints,
protruding service connections, crushed or collapsed pipe, and reductions in the cross-sectional area
of more than 40% that will prevent the insertion of the resin-impregnated tube. If inspecHon reveaLs
an obstruction that cannot be removed by conventional sewer cleaning equipment, then a point repair
excavation shall be made to uncover and remove or repair the obstruction. Point repairs shall be
performed by the City.
5. Resin Impregnadon - The tube should be vacuum-impregnated with resin (wet-out) under controlled
conditions. The volume of resin used should be suffident to fill all voids in the tube material at nominal
thickness and diameter.
6. Bypassing- Bypassing shall be used for this project. Whenbypassing of the flow is required around the
sections of pipe designated for reconstruction, the bypass shall be made by plugging the line at a point
upstream of the pipe to be reconstructed and pumping the flotiv to a dorvnstream goint or adjacent
system, as approved by the City. The pump and bypass lines shall be oE adequate capacity and size to
handle the flow. Services with this reach will be temporarily out of service.
?. Public advisory services will be required to notify all parties whose service laterals will be out of
commission and to advise against water usage until the mainline is back in service.
B. Inversion:
1. Using Hydrostatic Head - The wet-out tube shall be inserted through an existing manhole or other
approved access by means of an inversion process and the application of a hydrostatic head suEficient
to fully extend it to the next designated manhole or termination point. An altemative method of
installation is a top inversion. In this case, the tube is attached to a top ring and is inverted to form a
standpipe from the tube itself. Other methods shall be used only upon acceptance by the engineer.
2 Using Air Pressure - The wet-out tube shall be inserted through an existing manhole or other approved
access by means of an inversion process and the application of air pressure sufficient to fully extend it
to the next designated manhole or termination point.
3. Required Pressures - Required pressures for inversion shall be in accordance with tube manufacturer's
recommendations. Should the pressure deviate from manufacturer's acceptable pressure range at any
point of the tube installation, the tube shali be removed from the existing conduit
C. Lubricant - The use of a lubricant during inversion is allowed to reduce friction during inversion Lubricants
aze to be poured into the inversion water in the down-tube or applied directly to the tube. Lubricants shall
be a nontoxic, oil-based product that has no detrimental effects on the tube, will not support the growth of
bacteria, and will not adversely affect the fluid to be transported.
D. Curing:
1. Using Circulating Heated Water - After inversion is completed, a suitable heat source and water re-
dreulation equipment are required to dmilabe heated water throughout the pipe. The equipment should
be capable of delivering hot water throughout the section to uniforally raise the water tem�eracure above
the temperature required to effect a cure of the resin. Water temperature in the line during the cure
period should be as recommended by the resin manufacturer. �
a The heat source should be fitted with suitable monitors to gage the temperature of the incoming and
outgoing water supply. Another such gage should be placed between the impregnated tube and the
pipe invert at the termination to determule the temperahues during cure.
Page 4 0! 6
O7/16/02 6A6 AM
�
Pipe Lining by Inversion
Section D27D7
b Initial cure will occur during temperature heat-up and is completed when exposed portions of the
new pipe appear to be hard and sovnd and the remote temperature sensor indicates that the
temperature is of a znagni:ude to realize an exotherm or cure in the resin. After initial aue is
reached, the temperature should be raised to the post cure temperature recommended by the resin
manufacturer, during which time the re-dreulation of the water and cycling of the boiler to mair►kain
the temperature conhnues. The curing of the QPP must take into account the existing pipe material,
the resin rystem, and ground conditions (temperatvre, moishue level, and thermal conductivity of
. soil).
2 Using Steam - AEter inversion is completed, suitable steam generating equipment is required to distnbute
steam throughout the pipe. The equipment should be rapable of delivering steam throughout the section
to uniformly raise the temperature with the pipe above the temperature required to effect a cure of the
resin. The temperature in the line during the cure period should be as recommended by the resin
manufacriuer. �
c The stean► generating equipment should be fitted �7th a suitable monitor to gage the temperature
of the outgoing steam. The temperature of the resin being cured should be monitored by placing
gauges between the impregnated tube and existing pipe at both ends to determine the temperatvse
during cure.
d Initial cure will occur during ternperature heat-up and is completed when exposed portions of the
new pipe appeaz to be hard and sound and khe remote temperature sensor indicates that the
temperature is of a magnitude to realize an e�cotherm or cure in the resin. After initial cure is
reached, the temperature should be raised to post-cure temperatures recommended by the resin
manufacturer. The post-cure temperature should be held for a period as recomanended by �e resin
manufacturer, during which time the distnbution and control af steam to maintain the tempzrature
continues. The curing of the C�P must take into account the exi�ting pipe material, the resin system
and ground conditions (temperaturn, moisture level and them�al conductivity of soil).
3. Req�uir�.d Pressures - Before ttue curing begins, the pressure required to hold the flexible tube tight against
the existing conduit shall be provided by the tube manufachuer. Once the cure has started and d'unpling
for laterals is completed, the required pressure shall be maintained until the cure has been completed.
Should the pressure deviate more than 1 psi (23 ft of water) from the required pressure, the installed
tube shall be removed from the existing conduit If required by the owr�er, a continuous log of pressure
durir�g cure s�hall be maintained.
E. Cool-Down:
1. Using Cool Water After Heated Water Cure - T'he new pipe should be cooled to a temperature below 100
degrees F(38 degrees C� before relieving the static head in the inversion s�tandpipe, Cool-down may be
accomplished by the irmtroduction of cool water into the inversion standpipe to replace water being
drained from a small hole made in t�e downstream end. Care shov]d be tak� in the release of the static
head so that a vacuum will not be developed t�at could damage the newly installed pipe.
2 Us�r►g Cool Water After Steaan Cure - The new pipe should be cooled to a temperature below 113 deg�ees
F(45 degrees C� before relieving the intemal pressure within the section Cool-down may be
accomplished by d�e introduction of cool water nnto the section to replace the auxture of air and steam
being drained from a small hole made in the downstream end Care should be taken in the release oE the
a.ir pressure so that a vacuum will not be developed that could damage the newly uutalled pipe.
F. Worl�anship -'Ihe 6nished pipe should be continuou�s over the entire length of an inveision rwn and be free
of dry spots, lifts, and delaminations. If these condihons are present, remove and replace the CIPP in these
areas.
�ge 5 of 6
/ia�oi e,� �r►�
ICw..I..�.L.,�ra.' n.��"".....
�
Testing
Pipe [.iring by Is�rezsion
Section 02701
1. Ii the QPP dc�es not fit tightly against the original pipe at its termination point(s), the space between the
pipes should be sealed by filling with a resin mixture compa�ble with the CIPP.
G. Liner Sealing - After the new pipe has been cured in place, the liner shall be sealed at each manhole. The
annular space betcveen the inversion liner and manhole wall shall be sealed watertight, such that
groundwater intrusion between the existing line and inversion liner cannot enter either termulus manhole.
SeaLant shall be as recomnnended by the lining system manufacturer, and as installed by the contractor.
Sealant shall be warranted as the liner system.
H. Sert�ice Connections - A.fter the new pipe has been cured in place, the existing active service connections
should be reconnected. This should generally be done withaut excavation; sesvice connections shall be made
by use of a tele�zsion camera and a remote control cutting device in the case of non-man entry pipes.
A. The preparation of hvo QPP samples for each inversion length shall be provided (one from each of the
Eollow�ing two methods) if requested by the City:
1. The sample should be cut from a section oE cured CIPP at an intermediate manhole or at the termination
poirit that has been inverted through a like diameber pipe which has been held in place by a s�itable heat
sink, such as sandbags.
2 The sample should be fabricated from material taken from the tube and the resin/catalyst rystem used
and cured 'm a clamped mold placed in the downhibe when circulating heated water is used and in the
silencer when : team is used.
3. 'Ihe samples for 1. And 2 Above should be large enough to provide a minimum of three specimens and
a recommended five specimens for flexural testing and also for tensile testing, if applicable. The
following test procedures should be followed after tr�e sample is cured and removed.
a Short-Term Flexural (Bending) Properties - The initial tangent IIexural modulus of elasticity and
IIexur�l stress should be measvrnd for gravity and pressure pipe applicatians in accordance with Test
Methods D?9Q and should meet the requirements of Secton 201. •
b Tertisile Properties - The tensile strength should be measured for pressure pipe applications in
accordance with Test Method D 638 and must meet the requirements of Section 201.
B. Delamination Test - If required by the owner in the contract documents or purchase order, a delamination
test shall be perforrned on each inversion length speci6ed. 'Iiie purcitasP� may designate �e dissimilar layers
between which the delamination best will be conducted. The peel or stripping strerigth between any non-
homog�eous layers of t�►e QPP laminate should be a minimum of lO lb/in. (178.60 g/mm) of width for
typical CII'P applications.
G IrLSpection and Acceptance - The installation ahall be inspected by closed-circuit television. Variations Erom
tzue line and grade may be inherent because of the conditions of the original piping. No infiltration of
groundwater s�wuld be obs�erved. All service entrances should be accounted for and be unobstructed. 1n the
event in6ltration is observed from laMrals during inspection, the contractor shall repair the infiltration hy
grouting at no additional cost to the City.
Photographs and �deo
A For each line segment inversion lined, the cantractor is required to perform a video inspeCtion, both pre-and post
inversion lining, pezforncted by closed-circuit television for acceptance. The video of all line segments shall be
suirmitted to the City of Largo on Digital �deo Uisc (DVD). The format used shall be such that the DVD is
P�ge 6 of 6
��ii�oz e� .�t�t
s
�P� �+n8 bY Invasian
Section Qrr01
" playable on any commerdally available consvmer DVD player. The following technical requirements shall aLso
� apply:
1• I?igital format shall be a minimum of Motion Picture Experts Group (MI'EG) Leve12.
2 All line segments shall be chapter indexed by starting nlanhole number.
3. Two (2) sets oE DVDs shall be subautted to the City.
END OF SECTION
Pa6e 7 ot i
�/li/O2 tAi Mt
�iSE���� ro . �Vorksession Item #: f��.� i
��•�y�_ ` C'lear���ater City C01111111SS1011 �
Final A enda Item #
99K"�4iEA�`��� /�°�iIC�Z ��0�'t',l' �'��11101'ZI1dUill 9
Meeting Date: 5/15/03
SUBJECT/RECOMMENDATION: Approve a work order to TBE Group, Inc. (EOR) in the amount of
S112,205 for utility relocation design services being performed in conjunction with the Florida
Department of Transportation's (FDOT) S.R. 55/US 19 (North of Sunset Pt. Rd. to South of
Countryside Blvd.) roadway improvement project,
� and that the appropriate officials be authorized to execute same.
SUMMARY:
• The Florida Department of Transportation (FDOT) has designed the roadway improvements of S.R.
55/US 19 from North of Sunset Pt. Rd. to South of Countryside Blvd. The improvements will
include constructing an overpass at the intersection of Enterprise Rd. This roadway improvement
project will necessitate the relocation or adjustment of the City's water and sanitary sewer mains
and appurtenances within the project limits.
• The final design phase is anticipated to be compfete in February 2005, and construction is
tentatively scheduled to begin in August 2008.
• The funding code breakdown is as follows for this project:
Capital Proiect: Expense Code: Amount:
Water Line Relocation: 343-96742-561300-533-000 $92,959.00
Sanitary„Utility Relocation: 343-96634-561300-535-000 $19,246.00
Total: $112,205.00
• Sufficient budget and revenue for this agreement are available in each of the project codes
specified.
• A copy of the work order is available for review in the Official Records and Legislative Services
Office.
Reviewed by:
Legal -,, � �
; J .I ,��
Budget ---
Purchasing � ,
Risk Mgmt � NIA
Submittod by:
City Manager � • •
j� IO
In(o Srvc N/A
Public Works ��
DCM/ACM�� ,
Other NIA
Originating Dept: �y�
Public Works (L. Murri
User Dept.
Attachmonts
� None
printecl pn rocycled paper US 19 (Sunsot Pt. to Countrysida Blvd.) Utillties Design
Costs
Total $112,205.00
Funding
Source:
Current FY 5112,205.00 CI X
OP
Olher _
Appropriation Codes:
343•96742-561300•533-000 (592,959.00)
343-96634-561�00-535-000 (E19,246.00)
Rev. 2/98
'�p4/22/2003 14:2fl 7275624755
DATE:
FROM:
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PUBLIC WORKS ADN�IIS�rRATION
SENT�ING FAX NO, ; (727) 562-4755
OFFICE PHONE NO, ; (727) 562-4747
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NUM�3ER OF PAGES 'iH1S MESSAG� (WCLUDING THIS COVER PAGC) S�
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nn n , n n � ���a PAUE t�^
'Ei4/.:�l.:C7E13 1»: �� 7,.756_1755
Date: Marctt 24, 2003
�
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3.
4.
City of Clearwater
Engineering Department
TBE Work Order Iuitiation Form
PROJECT '�'�TLE;
SC�PE OF WORht
TBE Project I�'umher:
City Project No. UT-032603
North oiSunset Point Road
to South ox Countryside k3oulevard
Utility Accommodation Scrvices
T6E will p�ovide services necessary �o accomplish ihe follo�ving:
.
.
.
.
►
Attend Phase II, III and N utility mectings witli the Florida lleparm�e��t of
Transpoctation (FDOT)
Prepaze Pha.sc I�i��rkups and subm�t to FDOT ,
Prepare Phase lI plans using FDOT color code and submit to FUOT �
Prep�►re design plans on Phase TI.[ electronic drawings supplied by FDOT ,
Pr�pare relocation schedule, technical special provisions and cost estimat�s
Prepare and submit FDOT utiliry permit applicstion i
Submtt final JPA package to FDOT �
5ubmit Pinellas County Health llepartrncnt permit application for wate'r system
improvetnents. �
G�AL.S:
�,
To provide uiility rclocation plans for the City ofClcarwatei's watet and tvastewater tacilities
to accarnmodate thc FDOT planned widening of US 19 from north of Sunset Point�toad to
south of Countryside $oulevard. ;
��
I3UDGET: �.
i
A maximum fee of $112,205 has been escablished for this assignment broken down as
follows:
Water $89,509
Wastewater �15,79E
SLTE Se�vices (if required) 5 6,900
1:�OC•A�PubWks.pro�Clnvn�EOR�WONoSunse�.da Page I of 4
•oa!22/?Ofl3 14:^0 7^7562a755 EhJG
PAuE 03
S. SCiiEDULE:
Services to be rendered will commence upon written notice-to-proceed from the City.
Phase 1 Submittal
Phasc Il Subcnictai
Phase � Submittal
Phase N JpA Package
To be completed approximatcly 30 days follo�vin� receipt of
Phase � roadway plans fTOm the FDOT.
To he completed appro�cimately 90 days fallowmg receipt of
Phase II road�vay plans irom the FT)OT.
To be completed approximately 90 days following receipt of
Phase III roadway plans from the FDOT.
To be campleted approximately 60 days £ollowin� receipt of
1 d0 percent roadway plans £rom FDQT.
6. TBE STA�F'F ASSIGIVMENT5:
Title-Name
Principal-in-Charge, Robcrt G. Brown, PE
Airector, Dorian Modjeski, PE
�roject Manager, I�on McCullers
7.
8.
9.
Phone anci Exteasion NuRiber
COR.RESPOIVD�NCE/REPOR'X'ING PROCEbUR�S:
727I531-3505, Ext 1540
727/53t-350S, Ext 1542
727/531-3505, Ext 1�46
I
�
Conespondence shall be sent to Lisa M�urin, P�, Uti lities �nginecring Manager, with copies
to Todd Petrie, PE, Assistant Public Utilities Director.
INVOICiNG/FUNDING �ROCEDURES:
Invoicing will be at the end of the month in which work vn the pmject has been c-rformed.
Invoiciug will be based on actual time and direct rezmbursable cost cxpended. Invoicing
Method A(cost times multiplier) shall be used. Invoices are to be mail�d to the attention
of Mazty Pages, Administrativc Analyst, City of Cleai,vater Publ�c Wozks �
Admia�istration, �O Box 4748, Clearrvater, FL 33758-d748.
;
City Invaicing Gode {Water): 3�3-96742-561300-533-000 S42.s5� oUi
Citylnvoicing Codc (Wastcwatcr): 343-96634-5613(?0-535•000 $ �9,246.00�
SP�CIAL CO1VSIpERA.TIONS:
The maxirn�im fee as shown, is based upan the currenc FDO"i' schcdule, wtiich imdic �tes that
cheu 100 percent plans sue to be complcted by July 2005. This Wark Order is base� an the
�
).�DOC-A�PubWks.pro�Clrvrtr�OR�WONoSunset.doc Page 2 oC4
• pq�?�/?��3 14: ^� 72'S624755 EPha
PAGE 04
10.
FD4T �hase I plans dated Decembez 2002. Funds fbr SUE services, i�required, �aze for �p ta
three days of SUE work.
Design drawings will be in MicroStation to meet the FDOT, JPA requirements!
Secvices to be provideci by the City aze:
► Payment of permit apptication fees, as may be required. '
► Perfor� acquisition o£property and easements as required. ��
► Provide all available information relevant to thc project, such as existing as-built
drawings, reports, documents, plans and other information on other projects in the
arca, copies of easements, etc. '
QAIQC:
I hereby certify as a licensed professional Engineer, registered in accordance with Florida
Statue 471 (481) tiiat the above project's site and/or construction plans, to the tiest o!'my
k,z�owledge, information and belief, will meet appiacable design eriteria specified by City
municipal ordinance, State and Federal established standards. I undersiand that it is rny
rosporisibility as the project's Professional Engineer to perform a quality assuranc�review of
these submitted plans,
P�tEP,��tED BY:
.�--
T��J r'
Richazd T. Doyle, AICP, PE
Senior Vice President
ACCEPT�D BX:
i�%`� n / �
CXTY: ���X r
Michael D. Quillen, PE
Director of Engincering
)��pQC-A1Pub�'Vkc.pro�ClnvhlEOR\WONoSunut doc
Page 3 of 4
Date: ~� �� � � ��
� — � � -` �.�
bate: _ _ _ - - -
-Da/22i^��3 1a:2� 7�'562a;;5 Erb;
PAGE �5
CITY OF C�EARWATER
ENCINEERING DEPARTMENT
TAMPA BAY ENGlNEERlNG WORK INtTiATiON FORM
A'i�TACHMENT 1
DELIVERABLES
The design plans shall be produced on stable-based myfar or veilum material, 2�l" x
36" at a scale �f 1" =?_0' unless approved othervvise. Upon request, the consultant sha11
deliver al! drawing files in digital format with ail project data in Land Developmenf Desktop
(LDD) R1 or R2 format, including all associated dependenl fites. When LdD is not
available, upon approvai by the Gity Of Clearwater Project Manager, a standard ASCII file
can be del+vered with all associated drawiny and dependent files. Th� ASGI l file Shall be a
camma or space delimited containing cade, point number, northing, easting, elevation and
description fnr each data point. Exarriple below space delimited ASCII file:
POINT # NOFtTH{NG EASTING
284 1361003.838 264Z86.635
or comma delimited ASCII file:
ELEV DESC ;
28.0o BCV ,
26d,1361003.838,264286.635,25,00, 8CV (PNEZD)
An A�toCAD Release 2000 drawing ar later drawing file shall be submitteb.
NOTE� If approved deviation trom Clearwater or Pinellas County CAD standards are
used the consultant shall include all necessary information to aid in manipulating�the
drawings including either PCP, CTB file or pen schedule for plotting, The drawirrg file
shall include only authorized fants, shapes, line types or other attributes
contained in the standard AutoDesk, lnc. release. All block references and
references contalned withln the drawing �rle shal/ 6e included. Please address any
questions regarding format to Mr. 7om Mahony, at (727) 562-4762 or email add�ess
tmahonvCa�clearvvate�-fl.com
I:tDOC-A�PuhWks.pra�Clrv��NEOR\�VO'Jo3unect.doc Pagt 4 of A
�..•�
' �9"rw iil
.� <
Cleanvaier City Commission
A�cnd�l C,'�ver MciTiorandiim
Work session Item #: " C.l� 5
Final Agenda Item # t �
Meeting Date: OS/15/03
SUBJECT/RECOMMENDATION: Award a contract to Rockdale Pipeline, Inc. of Temple Terrace,
Florida, for the Harbor Oaks Reclaimed Water Distribution System (01-0054-UT) construction
contract in the amount of �3,488,357.40, which is the lowest responsible bid received in
accordance with plans and specifications,
� and that the apprcpriate offlcials be autl�orized to execute same
SUMMARY:
• This item is a continuation of the development of a reclaimed water transmission and distribution system in
the City of Clearwater. The purpose of this contract is to construct a reclaimed water system expansion in
the Harbor Oaks area to serve the residents and businesses with reclaimed water for non-potable use. The
project consists of approximately 7,900 linear feet of 16" and 12° transmission pipeline, and approximately
27,300 linear feet of 8", 6" and 4" distribution pipeline. The construction contract time is 300 days.
• Construction is expected to start in June of 2003 and be complete by May of 2004.
• The scope of work requires the contractor to replace potable water service lines throughout a portion of the
projects limits of construction. This work would have been performed as a portion of the 2003 Water
Service Line Replacement Project. Combining this work in the reclaimed water project will save the City
from paying for restoration costs under two separate contracts.
• Resolution 02-23 was passed on November 21, 2002, establishing the City's intent to reimburse
certain project costs incurred with future tax-exempt financing. The projects identified with 2004
revenue bonds as a funding source were included in the project list associated with Resolution 02-
23.
• This project is being funded in part by a grant from the Southwest Florida Water Management District
(SWFWMD). The Cooperative Funding Agreement between the City and the SWFWMD includes
reimbursement of 50°/a of the cost of transmission & distribution facilities up to a maximum of
$1,297,630.00. The City is funding the balance of project costs of $2,190,727.40. Sufficient budget and
funding are available Capital Improvement Program projects 315-96739, Reclaimed Water Distribution
System, in the amount of $1,297,630.00 of water or sewer revenues and 343-9G752, Water Service Lines,
in the amount of $186,179.40 of 99 Water & Sewer Bond proceeds. Sufficient budget for 04 Water &
Sewer Revenue Bond proceed is available in 356-96739, Reclaimed Water Distribution System in the
amount of $1,919,606.00 and 356-96695, Lateral Repairs, in the amount of $84,942.00 The final
Engineer's estimate of construction on this project was $3,480,000.00.
Reviewed by: ', +> �
legal � �.i.
Budget "
Purchasing , t,`
Risk Mgmt N�A
Submitted by:
City Manager
�.�
Info Sn�c N/A
Public Works `
DC��1/ACM ,�-'�� --
�
Finance IA
Printed on recycled paper
Originating Dept���
PW Admin (RSFahey)
User Dept.
Attachments
Narh�r Oaks Reclam�ed Water.doc
Costs:
Total $3,488,357.40
Current FY
Funding Source:
CIP X
OP
Olher
Appropriation Code:
356-96739-562800-533-000 51,919,606,00
315-96i39-562800-533-000 S1,297,630.00
343-96752-562800-533-000 5186,179.40
356-96695-562800-533-000 S 84,942.00
Rev. 2198
• The distribution pipeline construction on this project will primarily be installed by the directional drill
technique. This is being done to minimize the impact of construction on the residents in the project area.
• This project is consistent with the City of Clearwater's Updated Reclaimed Water Master Plan.
• McKim & Creed, the engineering design consultant for this project and an Engineer-of-Record for the City of
Clearwater, has provided written recommendation to award the construction contract to Rockdale Pipeline.
• A copy of the contract is available for review in the Office of Official Records and Legislative Services.
ADDENDUM #1
FOR
HARBOR OAKS RECLAIMED WATER SYSTEM
CONTRACT NO. 01-0054-UT
CLEARWATER, FLORIDA
DATE: April 7, 2003
�' �� ( �'
�i; ` , ,, ..
L L
SUBJECT: Addendum to Plans and Specifications for Harbor Oaks Reclaimed Water
System, City Contract 01-0054-UT, Clearwater, Florida
TO: Prospective Bidders and Others Concerned
The Plans and Specifications for the subject project shall be supplemented and/or amended as
follows:
CLARIFICATIONS
1. Construction within the FDOT right-of-way (i.e. Alt. U.S. 19) will not be allowed until
after January 1, 2004.
SPECIFICATIONS
1. General Conditions, Paraqraph 5, Bonds and Insurance
Paragraph 5.2: Add the attached "Insurance Requirements" for the two CSX railroad
crossings by Bore and Jack.
2. Proposal, Paqe 114, Bid Items
Bid Item Nos. 12 and 13, Bore and Jack Crossings: Flagmen are usually not required
by the CSX Railroad at the bore and jack crossings. However, if flagmen are required,
the CSX Railroad will bill the City directly for their services.
3. Supplementary General Conditions
Page SGC-2, Paragraph 4.2, Investigations and Reports: Geotechnical reports for this
project are available from McKim 8� Creed, P.A. at a cost of S20.00 per report copy.
4. Section 02071 — Directional Boring
Item 2.1 Paragraph A
DRAWINGS
Add "10-inch."
1. Drawinq D01 — Miscellaneous Details — The "Underdrain Detail at Back of Curb" is
provided in case an underdrain is damaged during construction and must be restored.
2. Drawinq D03 — Typical Street Section — Pavement materials and thickness, and base
materials for tliis detail are shown in "City Street and Driveway Replacement" detail on
Drawing D04.
The foregoing change shall be incorporated into the Plans and Specifications for the
HARBOR OAKS RECLAIMED WATER SYSTEM.
Insurance Requirements
The following list represents the insurance that wiil be required in the license agreement. You wiil be required
to provide proof of insurance when you sign the license agreement.
Prior to commencement of surveys, installation or occupation of premises pursuant to the utility occupation,
Licensee shali procure and shall maintain during the continuance of the utility Agreement, at its sole cost
and expense, a policy of Commercial General Liability Insurance (CGL), naming Licensor (CSXT and/or
NYC LLC) as additional insured and covering liability assumed by Licensee under this Agreement. A
coverage limit of not less than THREE MILLION AND 00/100 U.S. DOLLARS (S3,000,000.00} Combined
Single Limit per occurrence for bodily injury liability and property damage liability is currently required as a
prudent limit to protect Licensee's assumed obligations. if Licensee's existing CGL policy(ies) do(es) not
automatically cover Licensee's contractual liability during periods of survey, installation, maintenance and
continued occupation, a specific endorsement adding such coverage shall be purchased by Licensee. If
said CGL poficy is written on a"claims made" basis instead of a"per occurrence" basis, Licensee shall
arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole risk.
In addition to the above-described CGL insurance, in the event Licensee finds it necessary to perform
construction or demolition operations within fifty feet (50') of any operated railroad track(s) or affecting any
railroad bridge, trestle, tunnel, track(s), roadbed, overpass or underpass, Licensee shall, or require its
contractor(s) performing such operations, to procure and maintain during the period of construction or
demolition operations, at no cost to Licensor, Railroad Protective Liabilitv (RPL) Insurance, naming Licensor
as Named Insured, written on the current ISO/RIMA Form (ISO Form No. CG 00 35 01 96) with limits of
TWO MILLION AND 00/100 U.S. DOLLARS (�2,000,000.00) per occurrence for bodily injury and property
damage, with at least SIX MILLION AND 00/100 U.S. DOLLARS ($6,000,000.00) aggregate limit per annual
policy period, with Pollution Exclusion Amendment (ISO CG 28 31 11 85) if an older ISO Form CG 00 35 is
used. The original of such RPL policy shall be sent to and approved by Licensor prior to commencement of
such construction or demolition. Licensor reserves the right to demand higher limits.
As an alternative to Licensee purchasing its own RPL policy, CSXT may offer Licensee the choice of
paying to Licensor a premium, to cover the cost of adding the utility occupancy to Licensor's Railroad
Protective Liabilitv (RPL) Policv for the period of actual construction. The fee(s) shown below represent the
current premium (effective 10/1/02):
Standard' Wire/cabie crossings:
Overhead:
Underground:
Standard" Pipe crossings:
Up to 30" in diameter
30" to 45" in diameter
45" to 75" in diameter
75" to 100" in diameter
100" to 120" in diameter
Premium Per Proiect
$ 700
$ 1,000
$ 750
$ 1,500
$ 3,000
$ 6,000
$12,000
Note: This is a partial list of available options. For longittidinat proposals, open-cut projects, or any
proposals not sl�own above, please call For additional infornlation. Tliese tces are based on ach�al
premium cost and zre subject to periodic review and adjustment.
*"Standard" is a judgement made by Railroad, for purposes of the RPL insurance. For example, pipe
bridges and attachments to bridge structures are not "standard," for RPL purposes.
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SUBJECT/RECOMMENDATION:
Clear�vater Cit�� Commi,si�n
:���IlCja CO�'C1'.�1t;i110f�111CjU111
Work Session Item #: 1" L� 1
Final Agenda item # _�_
b4eeting Date: 5/15/03
Approve the Grant Award Agreement between the Florida Communities Trust and the City of Clearwater
for the Kapok Wetland and Floodplain Restoration Project for management of the property,
� and that the appropriate officials be authorized to execute same.
SUMMARY:
• The City Commission accepted funding in the arnount of S3,500,000 and approved the Conceptual
Approval Agreement between the Florida Communities Trust and the City of Clearwater for the Kapok
Wetland and Floodplain Restoration Project on January 24, 2002.
• On June 20; 2002, the City Commission approved Addendum 1 to the Agreement to change the
acquisition of the Friendly Village of Kapok to fit the "preacquired" process, and on November 21,
2002 also approved Addendum 2 for a time extension to May 30, 2003 in order to allow sufficient time
to relocate all of the residents.
• This Grant Award Agreement stipulates conditions for the development and management of the
property as proposed in the Management Plan for the Kapok Restoration Project (June 2002)
prepared by the City and approved by Florida Communities Trust.
• The City will be required to perform an archaeological survey on the site prior to any construction.
• The City must ensure that the future land use designation assigned to the site is designated to open
space, conservation, or outdoor recreation uses which will require a land use amendment.
• The City will also be required to submit an annual stewardship report describing activities on the site
that further the commitments in the Management Plan; including the status of the actual construction
of the facility and upon completion of construction the installation of a permanent recognition sign,
interpretive signage and educational classes.
• A copy of the Agreement is available for review in the Office of Official Records and Legislative
Services for review.
Reviewed by:
legal �;���r�.
✓'
Budget N/A
Purchasing N/A
Risk Mgmt N/A
Submitted by:
City Manager
Printed on recycled paper
Info Srvc N/A
Public Works �
DCMIACM ��
Other
Originating Dept: (T. Fincf�j
Pubiic Works Administration
I,Jse� Dept.
Attachments
O None
Costs
Total 0
Current FY
Appropriation Code:
Funding Source:
CIP _
OP �
Other
FCT Kapok Grant Aqreement
T'his document prepared by:
C. Erica White
Florida Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399
�� . I �
FLORIDA COI��VIiJN1TIES TRUST
FF1 AWAR.D #OI-OIS-FFl
FCT Contract#
GRANT AWARD AGREEMENT
THIS AGREEMENT is entered into this _ day of , 2003, by and between the
FLORIDA COMMUNITIES TRUST ("FCT"), a nonregulatory agency within the State of Florida
Department of Community Affairs, and the CITY OF CLEARWATER, a political subdivision of the
State of Florida ("Recipient"), in order to impose terms, conditions, and restrictions on the use of the
proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds and as
described in Exhibit "A" attached hereto and made a part hereof ("Project Site"), as shall be necessary
to ensure compliance with applicable Florida Law and federal income tax law and to otherwise
implement provisions of Chapters 259.105, 259.1051, and 380, Florida Statutes.
WHEREAS, Part III Chapter 380, Florida Statutes, the Florida Communities Trust Act,
creates a nonregulatory agency within the Department of Community Affairs, which will assist local
governments in bringing into compliance and implementing the conservation, recreation and open
space, and coastal elements of their comprehensive plans or in conserving natural resources and
resolving land use conflicts by providing financial assistance to local governments and nonprofit
environmental orsanizations to carry out projects and activities authorized by the Florida
Communities Trust Act;
WHEREAS, Section 259.105(3)(c), F.S., of the Florida Forever Act provides for the
distribution of twenty- two percent (22%) less certain reductions of the net Florida Forever RevenUe
Bond proceeds to the Department to provide land acquisition grants to local governments and
nonprofit environmental organizations through the FCT for acquisition of community-based psojects,
urban open spaces, natural resource conservation areas, parks, greenways and outdoor recreation
areas to implement local comprehensive plans;
WiiEREAS, the Bonds were issued as tax-exempt bonds, meaning that the interest on the
donds is excluded from the gross income of Bondholders for federal income tax purposes;
GAA\O l-O l 5-FF 1
4/25/03
WHEREAS, Rule Chapter 9K-?, Florida Administrative Code (F.A.C.), authorizes FCT to
impose conditions for funding on those FCT applicants whose projects have been selected for funding
in accordance with Rule Chapter 9K-7, F.A.C.;
W�REAS, the FCT has approved the terms under which the Project Site is acquired and the
deed whereby the Recipient acquires title to the Project Site shall contain such covenants and
restrictions as are suffrcient to ensure that the use of the Project Site at all times complies with
Section 375.OS l, Florida Statutes and Section 9, Article XII of the State Constitution and shall
contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of
the Internal Improvement Trust Fund upon the failure of the Recipient to use the Project Site
acquired thereby for such purposes; and
WHEREAS, such covenants and restrictions shall be imposed by an agreement which shall
describe with particularity the real property which is subject to the agreement and shall be recorded in
the county in which the real property is located; and
WHEREAS, the purpose of this Agreement is to set forth the covenants and restrictions that
are imposed on the Project Site subsequent to its acquisition using funds from the Florida Forever
Trust Fund award.
NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth
herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, FCT and Recipient do hereby contract and agree as follows:
I. GENERAL CONDITIONS.
1. Upon execution and delivery by the parties hereto, the Recipient shall cause this
Agreement to be recorded and filed in the official public records of Pinellas County, Florida, and in
such manner and in such other places as FCT may reasonably request, and shall pay all fees and
charges incurred in connection therewith.
2. The Recipient and FCT agree that the State of Florida Department ofEnvironmental
Protection will forward this Agreement to Department of Environmental Protection Bond Counsel for
review. In the event Bond Counsel opines that an arnendmcnt is required to this Asreement so that
thc tax exempt status of the Florida Forever Bonds is not jeopardized, FCT and Recipient shall amend
the Agreemenl accordinbly.
3. 'i'his Agreement may be amended at any time. Any amendment must be set forth in a
written instrument and agreed to by both the Recipient and FCT.
GAA\01-015-FF 1
a/25/03
2
4. This Agreement and the covenants and restrictions contained herein shall run with the
Property herein described and shall bind, and the benefits shall inure to, respectively, the FCT and the
Recipient and their respective successors and assigns.
5. This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida, with respect to both substantive rights and with respect to procedures and remedies.
6. Any notice required to be given hereunder shall be given by personal delivery, by
registered mail or by registered expedited service at the addresses specified below or at such other
addresses as may be specified in writing by the parties hereto, and any such notice shall be deemed
received on the date of delivery if by personal delivery or expedited delivery service, or upon actual
receipt if sent by registered mail.
FCT: Florida Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
ATTN: Executive Director
Recipient:
ATTN:
7. If any provision of the Agreement shall be invalid, iilegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
D. PROJECT SITE REQUIREMENTS IMPOSED BY CAAPTER 259, CHAPTER 375,
AND CHAPTER 380, PART ID, FLORIDA STATUTES.
l. If any essential term or condition of this grant agreement is violated by the Recipient
or by some third party with the knowledge of the Recipient and the Recipient does not correct the
violation within 30 days of notice of the violation, fee simple title to all interest in the Project Site
shali be conveyed to the Board of Trustees of the Internal Improvement Trust Fund. The FCT shall
treat such property in accordance with Section 380.508(4)(e), Florida Statutes.
2. Any transfer of 1he Project Site shall be subject to the approval of FCT and FCT shall
enter into a new agreement with the transferee, containing such covenants, clauses, ar other
restrictions as are sufficient to protect the interest of the people of Florida.
GAA\O 1-O 15-FF 1
4/25/03
3.
3. The interest, if any, acquired by the Recipient in the Project Site will not serve as
security for any debt of the Recipient unless FCT approves the transaction.
4. If the existence of the Recipient terminates for any reason, title to all interest in real
property it has acquired with the FCT award shafl be conveyed to the Board of Trustees of the
lnternal Improvement Trust Fund, unless FCT negotiates an agreement with another local
government or nonprofit organization which agrees to accept titie to all interest in and to manage the
Project Site.
5. In the event that the Project Site is damaged or destroyed or title to the Project Site,
or any part thereof, is taken by any governmental body through the execcise or the threat of the
exercise of the power of eminent domain, the Recipient shall deposit with the FCT any insurance
proceeds or any condemnation award, and shall prornptly commence to rebuild, repiace, repair or
restore the Project Site in such manner as is consistent with the Agreement. The FCT shall make any
such insurance proceeds or condemnation award moneys available to provide funds for such
restoration work, ln the event that the Recipient fails to commence ar to complete the rebuilding,
repair, replacement or restoration of the Project Site afier notice from the FCT, the FCT shall have
the right, in addition to any other remedies at law or in equity, to repair, restore, rebuild or replace the
Project Site so as to prevent the occurrence of a default hereunder.
Notwithstanding any of the foregoing, FCT will have the right to seek specific performance of
any of the covenants and restcictions of this Agreement concerning the construciion and operation of
the Project Site.
]Il. PROJECT SITE OBLIGATIONS IMPOSED BY FCT ON THE RECIPIENT.
l. The Project Site shali be managed only for the conservation, protection and
enhancement of natural and historical resources and for passive, natural resource-based public
outdoor recreation which is compatible with the conservation, protection and enhancement of the
Project Site, atong with other related uses necessary for the accomplishment of this purpose. The
proposed uses for the Project Site are specificaliy designated in the Project Plan as approved by FCT.
2. The Recipient shall prepare and submit to FCT an annual stewardship report as
rcyuired by Rule 9K-?.O13, F.A.C.
3. The Recipient shali ensure that the future land use designation assigned to the Project
Site is for a category dedicated to open space, conservation, or outdoor recreation uses as
appropriate. If an amendment to the Recipient's comprehensive plan is required to comply with this
paragraph, the amendment shall be praposed at the next comprehensive plan amendment cycie
available to the Recipient.
GAA\O l -015-FF 1
4/25/03
4
4. Recipient shall ensure, and provide evidence thereof to FCT, that all activities under
this Agreement comply with all applicable local, state, regional and federal laws and regulations,
including zoning ordinances and the adopted and approved comprehensive plan for the jurisdiction as
applicable. Evidence shall be provided to FCT that all required licenses and permits have been
obtained prior to the commencement of any construction.
5. The Recipient shall, through its agents and employees, prevent the unauthorized use of
the Project Site or any use thereof not in confornUt�� with the FCT approved project plan.
6. FCT staff or its duly authorized representatives shall have the right at any time to
inspect the Project Site and the operations of the Recipient at the Project Site.
7. All buildings, structures, improvements, and signs shall require the prior written
approval of FCT as to purpose. Further, tree removal, other than non-native species, and/or major
land alterations shall require the written approval of FCT. The approvals required from FCT shall not
be unreasonably with-held by FCT upon sufficient demonstration that the proposed structures,
buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the
natural resources of the Project Site. The approval by FCT of the Recipient's management plan
addressing the items mentioned herein shall be considered written approval from FCT.
8. If archaeological and historic sites are located on the Project Site, the Recipient shall
comply with Chapter 267, Florida Statutes. The collection of artifacts from the Project Site or the
disturbance of archaeological and historic sites on the Project Site will be prohibited unless prior
written authorization has been ebtained from the Department of State, Division of Nistorical
Resources.
9. The Recipient shall ensure that the Project Site is identified as being publicly owned
and operated as a passive, natural resource-based public outdoor recreational site in all sibns,
literature and advertising regarding the Project Site. The Recipient shall erect a sign(s) identifying the
Project Site as being open to the public and as having been purchased with funds from FCT and
Recipient.
IV. OBLIGATIONS INCURRED BY RECIPIENT AS A RESULT OF I30ND
PROCEEDS BEING UTa.IZED TO PURCAASE THE PROJECT SITE.
1. lf the Project Site is to remain subject, after its acquisition by the State and the
Recipient, to any of the below listed activities or interests, the Recipient shall provide at least 60 days
written notice of any such activity or interest to FCT prior to the activity taking place, and shall
provide to FCT such information with respect thereto as FCT reasonably requests in order to evaluate
the lebal and tax con-sequences of such activity or interest:
GAA\01-0 I 5-FF 1
4/25/03
5
a. any lease of any interest in the Project Site to a non-governmental person or
organization;
b, the operation of any concession on the Project Site to a non-govemmental
person or organization;
c. any sales contract or option to buy things attached to the Project Site to be
severed from the Project Site, with a non-governmental person or organization;
d. any use of the Project Site by non-governmental persons other than in such
person's capacity as a member of the general public;
e. a management contract of the Project Site with a non-governmental person or
organization; and
f. such other activity or interest as may be specified from time to time in writing
by FCT to the Recipient.
2. Recipient agrees and acknowledges that the following transaction, events, and
circumstances may not be permitted on the Project Site as they may have negative legal and tax
consequences under Florida law and federal income tax law:
a, a sale of the Project Site or a lease of the Project Site to a non-governmental
person or organization;
b. the operation of a concession on the Project Site by a non-governmental
person or orgaruzat�on;
c. a sale of things attached to the Project Site to be severed from the Project Site
to a non-governmental person or organization;
d. any change in the character or use of the Project Site from that use expected at
the date of the issuance of any series of bonds from which the disbursement is to be made;
e. any use of the Project Site by non-governmental persons other than in such
person's capacity as a member of the general public;
f. a management contract of the Project Site with a non-governmental person or
organization; and
g, such other activity or interest as may be specified from time to time in writinb
by FCT to the Recipient.
GAA\O l -O 15-FF 1
4/25/03
2
DEI,EGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN Ti-� RECIPIENTAND
OTHLR GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON
GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SI1"E W1LL
1N NO WAY RELIEVE THE RECIPIENTt OF T�-�E RESPONSIBILITY TO ENSURE THAT
THE C�NDITIONS IMPOSED HEREIN ON THE PROTECT SITE AS A RESLTLT OF
UTILIZING BOND AROCEEDS TO ACQUIRE THE PR4JECT SITE ARE FULLY COMPLIED
WITH BY THE CONTRACTING PARTY.
V. CONDITIONS THAT ARE PARTICULAR TO THE PROJEGT SITE AS A RESULT
OF THE FCT APPROVED MANAGEMENT PLAN.
1. Two or more resource-based outdoor recreational facilities includin6 nature trails and wildlife
observation decks shall be provided. The facilities shall be designed and located with minimal impact
to naturaf resaurces on the Project Site.
2. A permanent recognition sign shatl be maintained in the entrance area of the Project Site. The
sign shall acknowledge that the Project Site is open to the public and was purchased with funds from
the Florida Communities Trust and the City of Clearwater.
3. Interpretive signage shall be provided to educate visitors about the natural environment ofthe
Project Site.
4. At least 24 enviranmental education classes or programs shall be conducted annually at the
Project Site by trained educators or resource professionals.
5. The water quality of Alligator Creek shaU be enhanced through the implementation of a
probram to restore the creek and wetlands to a more natural function and shall include the
meandering of the creek and cceation of an extensive wetland littoral zone. The development of 1he
restoration pian shal) be coordinated with the Southwest Florida Water Management District.
6. Any proposed storn�water facility for the Project Site shall be designed to provide recreational
open space or wildlife habitat.
7. Ti�e area adjacent to the railroad right-of-way shall be landscaped with native plant species to
provide wildlife habitat and enhance the function and appearance of the Project Site.
8. The degraded wetland communities along the shoreline of Alligator Creek shall be restored in
terms of biological composition and ecological function.
GAA\01-015-FF 1
4J25/03
7
9. An ongoing monitoring and control program for invasive vegetation including exotic (non-
native) and nuisance native plant species shall be implemented at the Project Site. The objective of
the control program shall be the elimination of invasive exotic plant species and the maintenance of a
diverse association of native vegetation. The management plan shall reference the Exotic Pest Plant
Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on tl�e Project
Site.
10. A feral animal removal program shall be developed and implemented for the Project Sitc.
11. Management of the Project Site shall be coordinated with the land managers of the adjacent
conservation lands lying to the east and west of the Project 5ite.
12. An archaeological survey shall be preformed for any area within the Project Site proposed for
development pcior to the commencement of proposed development activities in that azea. All planned
activities involving known archaeological sites or identified site areas shall be closely coordinated with
the Department of State, Division of Historic Resources in order to prevent the disturbance of
significant sites.
13. Pedestrian and bicycle access to the Project Site shall be promoted through the provision of
pedestrian oriented walkways and bicycle facilities that link the Aroject Site with adjacent residential
neighborhoods. Bike parking stands shall be installed at the Project Site to provide an alternative to
automobile transportation to the Project Site.
14. The Project Site shall be managed as part of the Pinellas County recreational trail system.
Proposed trail system improvements s}�all include the extension of the multi purpose trail network and
trailhead facilities.
l5. The Aroject Site shail be protected and managed as part of linked conservation lands and
wildlife comdor.
16. Proposed site improvements shall be designed and located to minimize or eliminate the 1on�
term risk of storm damage or flooding in conjunetion with appropriate hazard mitigation agencies or
experts.
l7. T}�e requirements imposed by other grant program funds that may be sougtit for activities
associated with the Project Site shall not conflict with the terms and conditions of this award.
This Agrcement including Lxhibit "A" e�Tibodies the entire agreement between tt�e parties.
GAA\O 1-O 1.5-FF 1
4/25/03
0
0
I\' �VITNESS ��'I-IEREOF, the partics herctu have duly exccuted this A`TTtGllClll.
CI'1'Y OF CLEAR�I't�"fLR, PLOR(DA
Countcrsi�ncd:
Brian .i. Aungst
Mayor-Conunissioncr
Approvcd as to forn�:
. ----� ---�� _.—, .
/� ` +;� ;
;. ; �
' ' - - �=� ,='._---�
�� � Bryan�D. Ruff '�
Assistant City Attorncy
CI'1'Y OF CLCAR�VA'I'ER, FI_ORIDA
[3y:
Williail� B. f-�ornc, l[
City �-1ana�cr
tlttest:
Cynthia E. Goudcau
City Clcrk
STATE OF FLORIDA
COUNTI' OF
The foregoin� instrument was acknowledgcd before me this
2003, by , as
kno�t�n to mc.
Witncss:
Print Name:
Print Name:
G:�A\O l-O l �-FF 1
.��?4i113
q
day of
_ancl who is personally
��oca�y �ubl��
Print Numr:
COIl1i111SSlOri N0. ^
tity Commision Expires:
FLORIDA CONiMUNITIES TRUST
�:
Janice Bro�ti�ninb
Exccutive Dircc{or
Datc:
Appro��ed as to Forn� and Legality:
I3y:
Print I�iamc:
STATE OF FLORIDA
COUNTY OF LEON
The foregcing instrument was acknowledged before me this day of ,
2003, by , as and who is personally
kno�vn to me.
Notary Public
Print Namc:
Commission No.
My Commission Expires:
GAA\0 ] -0 l 5-FF 1
4/25/03
10
E11�ISIT "A„
'1'hat part o f tl,e Nortl�eatit 1/4 of tl�e ��ut}�east 1/4 of 5crtion 8, 'I'ownsl�iP 29 South, IZangc 16 R:ist,
Pinc)la� Ci �unly�, Florida, lyin� Suuth ancl F.ast c�l'the T:,mra and (JUIfC'oast Railri,scl Ri�l�t-of •way,
Less the followinb descrihed Parcel:
l�rom tlie Tfortheatit cc�rner c�f the Sc�uthea.tit 1/4 c�f said Section !3 run South 00° 14'2(l" West :�lon�
thc sc:c�ion linc 3G3.0 fcct for a Point of I3cginning; thcncc continuc: alcmb the scction linc 23�.f.� teet;
thcncc Nor:l� 8�° 2Q'32" Wcst 2R3.� fcet; tl�ence North 27° 17' 14" Last 257.28 1cct; Ihence South �39°
2d'32" E;is': 16G feet to tl�e 1'oint of L3e�innuig, bein� 1'urthcr cicacribec� �Lti:
'l�at Part a�the Nur�hc�.tit l/4 of the N��r�}�east 1/4 c�f ti�e Southeast 1!4 of Section 8, Tc��vnship 29
SOIlI�), Ran;c ] G I;ast, lyin� �outl� and l;ast oftlic S./1.1.. Railro.�c1 an�l li�rlher cieticribed �s follows;
i3e�in 1t tl��: Nortl�e:�tit c:c�rner n('thc Soutl�east 1/4 of Secti�n S,'1'ownship 29 South, Ran�e ],(i �•��,
run thcncc: �outh OU" 14'2U" Wcst alonF thc scction linc 363.0 Icct; thcncc Nc�rth 89" 2U'32" Wcst
16G.0 feet; :l�enu: Se�ulh 27° 17'14" Wcst 257.28 feet; thence S�uth R9" 2U'32" 1;.�st 283.0 fc;c;t t� the
scction linc:; tlience �c�uth 00° 14'2�" West al�ng the Section line 741.7U 2cet; �.hcnce N�rtli K�)"
35'S8" Wcs t along thc 4U acrc linc 13b4.74 fcct; thcncc Nurth 00° 50'31 " F.:�st 1 �43.83 fi;ct to thc
tioutl�erly tighl-ol=vv��y linc ol' thc S.A.L. Railrc�ad; thence al�ng a curve to thc Ic`fl al�n�; tlie
Southerly ribht-�f-way of saicl S.J�.L. Railroad, wh�se ch�rd hears No►th 72° 44'22" Fust, nc��rd
943.i6 fcct, arc )G9.�1 feet and raditis 1 1�G.2R feet to the Last-Wcst ccntcrlinc ul'said Secti��e� 8;
thcnce Sou:h 89" 33'16" L:.�st alon� ttic li;�st-Wcst cc,�tcrlinc ot's:►id S��r,tic�n R A73.�U fcct t�� thc
Point Uf Reginnin�;.
Rcinb mor� particularly dcscribcd as follows:
'I�hat part o�'tt�c N�rtheast 1/4 of tl�e Northeast 1/4 of tt�e Soutl�c�st 1/4 of Sccliun 8, Tc��v►Z�l�ip 2�)
5�uth, R�m�;c 16 East, lyin� South ai�d L•'ast ol�thc 5.�1.L. R�ulroaci an�i fitrther dcSCClbecl ;�s foll�aw�:
I3esin zt thc Northea:�t cc�rner cif ihr S��uth���tit �/4 ��f Sec;tie�n 4, Trnvntihip Z�� South, Rart�;c l 61:a�t,
run lhcncc ��outh UU" 1:�'4S" Wc�t :►lon� the scction li»c 3G2.�)7 fcct; ihcnc� Nurth A9° 2�'OR" `Ncst
1 G(i.U9 f�ct: thcitcc SouUt 27° 17'20" W��t 257.33 ('vct; l}�cncc Sc�uth F9° 2�'22" I�ast 2ti�i.U61��t to
thc section .ine; thence South Q�° 1�'21" We`t alon�; the sectioiti line 741.67 fcet; th�n�c N��rth R9"
3S'SR" Wcst along thc 40 ;�crc linc, 13SS.h7 tcct; thcncc Norlh 00° 54'2S" R;�.tit 14a9.20 fcct t�> thc
Soutttcrly rigl�t-of-way line c�f thc S.A.1,. Railrc�ad; tI1Ct1CC �IOT1b 1 CUCVC i0 tlt� 1�t't .ilim�; the
S�>uthcrly r�ht-oi=way of s�id S./1.L. Itailroad, whosc chord bcars N��rth 72° 4C�'�1" F.a.tit, c!�ord
943.Z5 fect. arc 9G9.SS feet �nd raclius 1 19(.2R (eet to the l;ast-Wcst centerlinc ol�saiel Scctie�n R;
iIlCI1CC S��ulh 89° 34'14" L�st �lot�s tlt� L�st-���cst ccnt�rlinc ol� ��icl Sc�tiun R 473.90 f'eet tc� tlt�
1'oint o (' Rc,;inninb.
t;t1A\O 1-O l�-1� F 1
4/?5/03
W
��SEAIM• r
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a
q '=`_ h
q��p��,o
Cleai•«•ater Cit�' COlI11l11SS1011
A�enda Cover Memoi'�IIIC�WII
a�
Final Agenda Item # L-'� �
Meeting Date: 5/15/03
SUBJECT/RECOMMENDATION: Authorize the City Attorney to allocate up to an additional
$50,000 in the defense of the City and James Wood in the case of Palisano v. City, for a total
amount of $175,000.
and that the appropriate officials be aulhorized to execute same.
SUMMARY:
• The City of Clearwater was served with a lawsuit alleging that Ms. Palisano's civil rights were
violated.
• The City Attorney has assigned defense of this lawsuit as it pertains to the City and James
Wood to the law firm of Thompson Sizemore & Gonzalez. The initial budget was estimated at
�40,000 for defense of this case. Additional allocations of $40,000 were approved in
November 2002 and February 2003.
• The Plaintiff's attorney has conducted extremely extensive discovery, including a large number
of witness depositions in this case, which has resulted in more expenses incurred than
originally anticipated.
• It is estimated that an additional �50,000 is necessary for the ongoing defense of this case as
it pertains to the City and James Wood.
• The funding of $50,000 will come out of the City Attorney's professional services budget.
Reviewed by:
Legal �
Budget ��_y.�
Purchasing �
Risk Mgmt Nq
Submitted by:
Citv Manacser
Info Tech NA
Public Works NA
DCM/ACM
Other NA
Originating Dept:
Legal '
User Dept.
Legal
Attachments
O None
Costs $170,000.00
(estf matQd)
Total
Fundinc� Source
l,AOdci I���prOVO�tlOrtl
c,,era��r,p
Glhe�
x
50,000
Current Fiscal Year
Appropriation Code:
010-09600-530100•514-000
Printed on rocyclod paper Rov. 2I98
r�.� ES "� �;�
� �., .
� Q9 --�- 4
9.��ITEP��.
SUBJECTIRECOMMENDATION:
����'�11'\�'�liCl' ��II� L OIlllllltitil(lil
;1z��i�cia C'c�����r \1��m��r�lllCIl1111
� � �•
F��1al Age+�da !tem # _ � 1
Meet�r,g Date: �� -+ �� • �, �
Authorize settlement of Neiswander v. Citv of Clearwater, a due process case involving a demolition
under the Unsafe Building Abatement Code, in the amount of �25,000.00.
and that the appropnale o(ticials be authorized to exec�rte same
SUMMARY:
This case involves demolition by the City of a structure on t}�e property located at 703 Pennsylvania
Avenue North. Mr, and Mrs. Neiswander hoid two mor�tgages on tlie property totaling 533,500.00.
Plaintiffs claimed that because they did not receive notice of tiie proposed demolition. their
constitutionai due process rights were violated, Tiie Code provides for such notice, but also provides
that failure to send notice to other than tfie record owner sfial! not invalidate the demolitian
proceedings.
The Circuit Court denied the City's Motion for Summary Judgment and granted Plaintiffs' Motion for
Summary Judgment on the issue of liability, finding that Plaintiffs were deprived of due process. If
settlement did not occur, the case would be set for jury or non-jury trial. Total damages claimed by
Plaintiffs run in the $80,000.00 range.
To resolve this issue, the court ordered mediation to be held on April 23, 2003. Attending for tf�e City
were Assistant City Attarney Leslie Dougall-Sides, As�istant City Manager Ralph Stone, and Cliief
Building Ufficial Kevin Garriott. Representatives of the parties agreed Upon settlement as follows:
City to pay Plaintiffs $25,000.00 contingent upon any necessary City approvals; payment to occur
within thirty days of approvals; Plaintiffs to dismiss their lawsuit with prejudice; City to cancel
demolition and lot clearing liens [these liens are not enforceable against Plaintiffs since tiiey postdate
the mortgagesJ. Staff recom��ends approval of this settlement.
Reviewed by:
� �' .
Legal �f/f �
Budget �,�,
Purchasing �
Risk Mymt
.' ,�
In(o Tech NA
Public Works NA
DCM/ACM
Other
���
Originating Dept: City Attorney
Legal x ,(.r-.�
J��
User Dept. Development
Services _ D` ,
Costs
S25,000.00
Tota1
Fundiny Source:
- Capdai I��;xc.e.•.�nl
Attachmen s on�������a
Circuit Court Stipulation
Submitted by: � ❑ None
City Manager
�� Printed on recycled paper
2/98
o,�,�,
Appropriation Code:
590-07000-545900-515�-000
Current Fiscal Year
RCv
�iV i'H� GlRCU�T CC�UR7 OF TNE SIXTH .�UD{GfAL CIRCl,1fi'
Qi� �'NE STATE �JF �LORIDA tN ARlC� FOR l�fN�LLAS C4U�1TY
CfRCUIT �lViL NO. �t /-- ',3�c�'— �..� � U 2-��
��%�J ,� ,J �� ��1 �z��w'%��1 E E'
/
. f '�f
L j�ty C/�r 1-!�/n �r-�
�
/
STIPULATfC?N OF_THE PARTIES
`� J,��- ' 7_-a-p
P�usuant to the Mediation Conterence held ihe Z�_ ay of .--�%��?�-_ ---__.___. __.,---._ _. ___.____ .,�
Ihe aarties h�ve ayreed to aUide by the foi owing:
� � ---�`—� 'v-'—_%-2'_ ..__�'�►,� ��Gt�,—�,, ������
-- �_ r_. . ��..- T � .. _ , i7� �7�.�'� ".�.J`_ . � ..�
Tt-IIS �TIPULATION SHALL BE FILED WHEN REt�UlRED BY LAW OR 4VITH "fF1E PAR'iIES' CONSEN7, i('- THF
AGRf=�M�NT !S NOT FIL�D, A JOINT NOTICE OF DISMISSAL S}-iALL BE i=1LEn.
i;-115 S�CIPULATION BECOfviES BINDING UPON THE PARTIES BY THEIR EX
COUI`aSE�. THIS Sl'IPULATION, IF FILED, SHALL BE ENTERED AS A JUDG��','�jN,�-
SHAI_L RETAIN JURISDICTION �i'O Ef�J7ER f�INAL JUDGM��1i' OR FN,TEF,�1�viJ�r
.. ���-�--�,--�`'---�----_ _�
�;��.�
i ,
; � _������.�.�.
�� ..�
`_'F't�infift''�, '' r�c. ,�i�c� LL�-�L_,�,Lc' ��
1
PlainiifYs t �ol
;K7N �1ND Tf-IAT OF THEIR
HE COURT, OR TI-IE COURi'
DISMISSING THE CAl15E.
r,n��i�,tn1 ' � �
< '�� / — ---. _.__.,___---
� `�-' � `=� �'�-
��______,___
�o�ci}d„�
J . ') ' �"7
C.if".'cG—`?'�, _ � •���' • � ___._�_____._
�,��! �
e�endant's Counsel ��
(:tOt1r,45^.:4�M.\.h)4.; n,SY.:
.�-�SE�I r✓l'.L�
RV J, R
LT -�� O
44
�`�9�AT Ea �'�'
Cle�ll'���Zi�t' Cliy COI11I111��1011
f�ti�11C��i ��OV�1' �'��II101'allt�lllll
!�Vorksession item #:
Final Agenda Item f
P (� I
� �
Meeting Date: �� . j c, _L3
SUBJECT/RECOMMENDATION: Provide direction to the staff for fina{ design elements for Gien
Oaks Storm water Management Project,
0 and that the approqriate o(ficials be authorized to execute same.
SUMMARY:
• This project is the highest ranked capital project for the Stevenson Creek Watershed Plan.
• A public meeting was held at the Glen Oaks Goif Course on August 29, 2002. Approximately
30 citizens attended and expressed their opinions. Some of the concerns were regarding
multi-purpose field lights and possibly noise from the soccer activity on the multi-purpose
fields.
• At the October 2, 2002 City Commission meeting, approval was received authorizing Parson
Engineering Services, Inc., to provide engineering design and perrnitting services for the Glen
Oaks Storm Water Management Project.
• The Commission further instructed staff to hold an additional public meeting when 30%
drawings were completed to better illustrate the recreation elements of the project.
• On March 5, 2003 a public rneeting was held at St. Cecilia's School to display the 30%
construction drawings. This meeting was attended by approximately 50 citizens. Resident
concerns continued to deal with the multi-purpose fields. including noise, lights, traffic/offsite
parking, undesirable activity generated from the soccer use and whether any a�ditional multi-
purpose fields were needed to service the residents of the City of Clearwater.
• Per Outdoor Recreation in Florida - 2000, which is the statewide comprehensive outdoor
recreation plan, the median population guidelines for user-oriented outdoor recreation
activities is one multi-purpose field for every 6,000 residents. Based on the City of Clearwater
population figures, 18 multi-purpose fields are required to meet this statewide standard. The
City currently has 17 multi-purpose fields. Compfetion of this project will bring the City to the
minimum standard.
• Based upon the input received at the three public meetings staff would recommend the
following changes/conditions to the recreation elements of this project moving forward:
o Curfew for multi-purpose field lighting to be 9:00 PM. Most other City facilities are
11:00 PM.
o Provide parking for 170 cars. Typical parking standards for athletic fields are 60 cars
per field.
� Relocate restroom and playground by the parking area to help mitigate the need to
Reviewed by:
Legal N�A Info Srvc
Budget N/A Public Works
Purchasinc� NIA DCM/ACM
Risk PAymt NIA Other
Submitted by: � .,�
City Manager �4,Qi�
�------ _---
��' Printed nn recycled paper
Originating Dept:
N/A ) Parks 8 RecrQation Dept.
�,� / Kevin Dunbar, Director �
� .Nser Dept. � ,,��-
Parks 8� RacrQation De�
AttachmQnts:
L� None
Costs
Total N!A
Current FY N/A
Funding Sourco:
CI
OP
Other
Ap�ropriation Code; Nono
Rev. 21�J8
park on the street.
o The east most field could be relocated further to the west. It would require the removal
of several mature oak trees.
• If one or more multi-purpose fields were removed from the plan, staff would recommend
removing all recreation elements from the project site for the following reasons:
o Removal of the east most field would only leave one field. That is currently what exists
at the David Martin Field site, which was renovated a little more than one year ago at a
cost of approximately $100,000 and still maintains the existing inventory of multi-
purpose fields.
o Reducing the active play elements of the park (removing the multi-purpose fields),
creates an environment consistent with Crest Lake Park before the recent renovations
occurred. This type of facility would attract undesirable, illegal and possibly immoral
activity. Active elements bring citizens into the park, which is one of the best
deterrents against inappropriate behavior.
o Utilize the recreation element budget for other recreation needs in the City.
Brumback, Garry � 2 Z
From: Arasteh, Mahshid
Sent: Thursday, May 15, 2003 3:42 PM
To: Carrier, AI; Manni, Diane; Dunbar, Kevin E.; Brumback, Garry; Goudeau, Cyndie
Cc: Quillen, Michael
Subject: RE: RE: Comm. Jonson Question at W.S.
Garry, this information was provided to Commissioner Jonson during a conversation with Kevin:
7he trees that will be removed with alternative two site plan, moving the soccer fields together in the middle of the
G.O. property, are 469 t�unk diamete� inches of oaks and sweetgum trees ranked 5.
-----Original Message-----
From: Carrier, AI
Sent: Monday, May 12, 2003 3:51 PM
To: Manni, Diane
Cc: Qui{len, Michael; Arasteh, Mahshid
Subjed: RE: Comm. Jonson Question at W.S.
The City's arborist ranking for trees range from one to six. One being the lowest of quality, five being superb
and six being a specimen. AI Carrier
[�°,uil• O�aE
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May l�t, 3003
The I-ion. Brian :lungst, ;�4ayor
Office of the Mayor
Offices of the City Conunission
P.O. Box -37-18
Clearwatcr, FL 337�5--17-iS
Dear Mr. rlungst,
Ron Lancc, Presi�lcnt
1'he Internati��nal Oak S<�ciety
Chimnc�� Ro�k Park
Y.O. t3ux �9
Chimne�� Rc>.:k, NC 257�0
�� �-.
I would like to introducc mysclf, being President of the International Oak Society, and appeal to your
judgmcnt on a matter relating to oak trees on the Glen Oaks Golf Course. As background information, The
International Oak Society is composed of over �00 members, spread throughout the ���orld in over 25
countries. We are scientists, foresters, horticulwrists, plant hobbyists, and all other categorics af pcoplc
who place value in the aesthetics, utility, and management of all of thc; -1�0 + kinds of oaks in the world.
There has been some currespondenre forwarded to me by residents of the Clearwater ar�a, concerning thc
potential destruction of old gro�vth trees on the G►en Oaks Golf Course. I understand that a public meeting
is to be held May 15 about the Glen Oaks project, so this letter is prepared and sent �vith expediency. I
hope you will consider carefully all opinions and ��alues, and convey the same to all Commissioners
attending this meeting.
The tree known as the Clearwater Oak is, I'�n told, estimated to be over 250 years of age, and is only one of
14 old live oaks of the Glen Oaks locatian that ha��e been recognized and sponsored b�� area residents. As I
understand it, a proposed water retention pond and socrer fields are slated to be built on land formerly used
as thc golf course. Although aver GO live oahs may be found at this site, the placement of the soccer fields
is the primary threat to the most valuable, oldest tree.
Conservation of ancient oak trees ���ithin the bounds ofdevcloping municipalitic;s is a cummonplace
challenge, and one that members of the Oak Society either deal with, or hear of, very frequently. I implore
you to consider the value of old trees in the greenscape of present and futurc pub{ic areas under your own
controL Very old trees of g��od health are the type ot' natural landmark that can oftcn be incorporated inta
responsible urban planning, and with genuine rewards afterwards. Old li�•e oaks improve the aesthetics ot'
many southern towns and strcets, and have tra�itionally been worth the cost to save them.
On behalf of many Oak Socicty membcrs, I extend thanks to ��ou for the time and aucntion to rcad is�y
appeal for this old oak, and possibly for other signiticant tre;es threatened by placement af the succer tields.
1 hope you will look into this matter personally, consider all options, and act in ways that wiU benefit thc
majority of users of the tract, now and in the future.
Sincercly,
12on Lance, Nresidcnt
The Intcrnational Oak Socicty
� � Page 1 of 1
Brink, Carolyn
To: Commission
Cc: Akin, Pam; Goudeau, Cyndie; Reporter
Subject: FW: Glen Oaks Golf Course development
-----Originai Message-----
From: Ron Lance [mailto:ronl@chimneyrockpark,com]
Sent: Wednesday, May 14, 2003 3:43 PM
To: citycomm@clearwater-fl.com
Subject: Glen Oaks Golf Course development
To Commissioners Frank Hibbard, Hoyt Hamiiton, Whitney Gray, Biil Johnson:
Greetings to you. i am President of the International Oak Society, and am contacting you regarding the Glen
Oaks Golf Course project, for which a public meeting is scheduled for May 15. Please find attached to this
message a letter I've drafted for the mayor, expressing support for avoidance of damage to some valuable old live
oaks connected to this construction effort.
Thanks for your considerations.
Ron Lance
The International Oak Society Business Ofiice
Chimney Rock Park
P.O. Box 39
Chimney Rock, NC 28720
5/ 14/2003
S�
� �✓�`� Worksession Item #: �— jJ 2
� ,��!�-_ o Clear�vater City COI11l1l1SS101I �
9��;"` ��,44 A�ei�da Cover Memorandui» Final Agenda Item #�
�+rEa.
Meeting Date: May r.�i�tu03
SUBJECT/RECOMMENDATION: Adopt Resolution 03-23 regarding lien releases for Sand Key
special assessment payaffs received from October 1, 2000 through March 31, 2003.
� and that the appropriate o�cials be authorized io execute same.
SUMMARY:
• The City Commission of the City of Clearwater has heretofore established the City of
Clearwater Special Assessment District No. 95-01 (the "DistricY') and levied such special
assessments (the "Assessments") by Resolution No. 95-70 dated September 7, 1995, and
recorded in the Public Records of Pinellas County, in Official Record Book 9193, Pages 1717
thru 1767.
• The City of C{earwater has collected payment for those assessments more particularly
described in Exhibit A, and desires to satisfy and release said assessments described in
Exhibit A.
• The City Commission of the City of Clearwater directs the City Clerk to provide copies of this
resolution to the property appraiser, tax collector, and the Florida Department of Revenue.
Reviewed by: Originating Oept.: Costs
Legal �U=�- Info Srvc NIA Finance • Total -0-
6udgei N/A Public Works NIA User Dept.. Funding Source:
Purchasing N/A DCM/ACM "��nance Current CI
FY
Risk Mgmt N/A Other N!A Attachments OP
Res. 03-23 Other
Submitted by: i� , AA /�
City Manager ���Y ` ❑ None
�r+vN A ro riation Code:
RESOLUTION NO. 03-23
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, DECLARING THOSE NON-AD VALOREM
ASSESSMENTS ESTABLISHED BY RESOLUTION NO. 95-
70 AND AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT A ATTACHED HERETO AS SATISFIED AND
RELEASED; PROVIDING FOR A COPY OF THIS
RESOLUTION TO BE FORWARDED TO THE PROPERTY
APPRAISER, TAX COLLECTOR, AND THE FLORIDA
DEPARTMENT OF REVENUE IN ACCORDANCE WITH
SECTION 197.3632(3)(a�, FLORIDA STATUTES;
PROVIDING FOR CONFLICTS, PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Clearwater has heretofore
established the City of Clearwater Special Assessment District No. 95-01 (the "District")
and levied such special assessments (the "Assessments") by Resolution No. 95-70
dated September 7, 1995, and recorded in the Public Records of Pinellas County, in
Official Record Book 9193, Pages 1717 thru 1767; and
WHEREAS, the City of Clearwater has collected payment for those assessments
more particularly described in Exhibit A, and desires to satisfy and release said
assessments described in Exhibit A; and
WHEREAS, the City Commission of the City of Clearwater directs the City Clerk
to provide copies of this resolution to the property appraiser, tax collector, and the
Florida Department of Revenue; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORiDA:
Section 1. The City Commission of tl�e City of Clearwater hereby refeases as
satisfied said assessments for those properties more particularly described in Exhibit A
attached hereto and made a part hereof.
RETURN TO:
City Clerk Dept.
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758-4748
Resolution No.03-23
Section 2. The City Commission of the City of Clearwater hereby directs the
City Clerk to provide copies of this Resolution to the property appraiser, tax collector,
and the Florida Department of Revenue.
Section 3. All resolutions or parts of this resolution in conflict herewith are
hereby repealed to the extent of such conflict.
Section 4. If any clause, section, or other part of the application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
Section 5. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of , 2003.
Approved as to form:
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Pamela K. Akin
City Attorney
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Brian Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Resolution No.03-23
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Official Record Book #9193 / Pages 1717 thru 1767
Fuliy Released Liens
City of Clearwater
Sand Key Power Line Burial / Resolution 95-70
Lien Release / Payments Received October 1, 2000 thru March 31, 2003
Parcel N�mber
19 J 29 / 15 / 12936 / 002 / 1603
19 / 29 / 15 / 16526 / 000 / 0205
19 / 29 1 15 / 16526 / 000 / 0301
19 / 29 / 15 / 16526 / 000 / 0306
19 / 29 / 15 / 16526 / 000 / 0507
19 ! 29 / 15 / 16526 / 000 / 0608
19 I 29 / 151 16526 / 000 / 1210
19 / 29 t 15 ! 18791 / 000 / 0601
19 / 29 / 15 / 18791 / 000 / 0605
19/29/ 15/ 18793/000/0303
19 / 29 / 15 / 18793 / 000 / 0707
19129 / 15 / 18793 / 000 / 0905
19 / 29 1 15 / 18793 / OOU / 1003
19 / 29 ! 15 ! 18793 / 000 / 1204
19 ; 29 / 15 / 18793 / 000 / 2005
19 / 29 �' 15 / 3G699 / 002 / 3020
19 /29 / 15 /51762 /000 /0404
19 / 29 i 15 / 51762 1 000 / 1506
19 /29 / 15 /51762 /000 / 1905
1 9 /29 / 15 /55303lOOQ(0150
19 / 29 ;' 15 / 55303 / 000 1 0730
1 9 / 29 1 15 / 78630 / 000 / 0609
19 / 29 / 15 / 78637 / 000 / 0103
19/29 I i 5 I 78638 i 000 / 4060
19 / 29 / 15 / 78638 f 000 / 7030
1 9 / 29 / 15 / 78639 / 000 / 6080
19 / 29 / 15 / 93390 / 000 / 1 101
19 / 29 / 15 / 93391 / 000 / 2002
19 / 29 1 15 / 93391 / 000 / 2304
20 J 29 / 15 / 36700 ! Od0 i 0704
20 / 29 / 15 / 36700 / 000 / 1 108
20 / 29 / 15 / 49851 / 000 / 1702
20 / 29 ! 15 / 49851 / 000 / 2007
20 / 29 / 15 / 49852 / 000 / 0603
30 �` 29 I 1 G/ 20262 i 000 ! 041 1
30 /29 / 15 / 20262 J 000 ! 0517
30 / 29 ! 15 / 20262 / OOU / 0601
30 / 29 / 15 / 20262 / 000 / 0602
30 / 29 / 15 / 20262 / 000 / 0712
30 / 29 ! 15 / 35630 i 000 / 0850
30 i 29 / 15 { 35632 / 000 / 2310
30 / 29 / t 5! 35632 i 000 ! 2470
30 f 29 ;" 15 i 43515 : 000 i O 10�
30i29� 15/Q3515/000/09G5
Property Owner Name
Yeagley, Linda �N
Magoline, Alfred J& Julia K
Borda, Jvseph R 2t pi Marco, John
Kehoe, JoseE�h � Bernico
Gipe, Robort E Tre
ti1c Carthy, Susan R Barbara J
Kantzler, George �N & Elizabeih H
Gib{in, Car) J R ti1arcecios S
Aziz, Fekri R & Nadia
Varma. Chelikani V 8 C, V.
Barnes, Alan R& Angela L
Fidaieo, Ralph R Margaret A
Kersusan, Pierre H& Collet-Kersusan, Annick
Wi!{iams, Johi� F& Norma J
Johansson, Hakan & Gabriela
Johnson, 5tuart C& Kathleen A
Labib, Nabil & Nahed
Valente, Vincent � Rosamary
Chambers, Thornas G, & Linda S.
Mazur, Gail A Tre
Donahue, Viryinia M
Mc �liece, Judith K
Shaw, hlillon F Sr R Milton F Jr
Moussa, Sam Tre � Lydia L Tre
Reyes, Car{os J
Mucho�vski, Patrice M
Ficara, Anthony J� Kazuko N
lyunni, V A& Dha��ran, Iqb�l K
Hurley, G John S� h�lauroon J
O'Rourke, EiJward H Jr R Karen C
Arrowhead Dev Co
Lipari, Louis J& Caroi D
Hatley, Raymond & Joann E
Cap�iello, Goorge J & Susan
French, 1Nd�iam J R Niedcrer, Bruno J
Fyto, Aiis(air & Anyela
Mc Gnth, Ed�nund J
Bretfschneidor, V�'ilhelm
Talangbayan, Reuel
Avery, A Parko R Rho�os, E Leeon
Locas, Lucio
Dariotss. John & Hefen
Remun�i, Richar�i R ?. M��r���ret
Viltoi, RcE�or� J& h.S Jayne
7CLP
Exhibit A
Assessment
Lien Amounf
S 398.2A
249.71
415.82
330.79
375, 64
382, A5
88G.89
955.06
608.12
385.68
880.07
678.80
403.26
688,49
717.91
326.13
303.16
453.49
324.33
662.30
640.05
404,70
436.63
366.31
374.92
367.03
9A7.88
1,051.57
1,303.07
292, 40
376.71
372.4 f
383.17
445.9G
687.05
595.57
530.63
499,41
669.12
345.1 A
355.19
355.19
334.74
337.61
.'?,N`.A f30
Balance
Dua
S -
PRELIMINARY AGENDA
Clearwater City Commission Work Session - 1:00 P.M. -(Monday, May 12, 2003)
Service Awards
Convene as Community Redevelopment Agency (CRA):
1 - Cail to Order
2- Approval of Minutes: 04/28/03
3— Authorize issuance of a Request for Proposals and Qualifications (RFP/Q) for the
redevelopment of the Station Square Parking Lot Site on Cleveland Street as an
office/retail/residential infill development
4- Executive Director (Assistant City Manager) Verbal Reports
5 - Other Business
6 - Adjourn
Convene as Pension Trustees:
1 - Call to Order
2- Approval of Minutes: 04/14/03
3- Request for acceptance into membership: Timothy Murch, Micah Maxwell, Sergo
Alexandre, Michael Dellavolpe, Mark Eggers, Mark Henry, Gregory Record, John Savage,
Christian Schuele, Adam Siegel, Steve Wilensky, Michele Williams, Floyd Thurman,
Christopher Jenkins, Clifford Fisher, Bryan Be�ry, Michael Reynolds, and Ronald Gideon.
4- Regular Pension(s) to be granted: Fred Aust, Howard Wister, Joseph Colbert, Kenneth
Fairchild and Samuel Garrett.
5- Approve a legal services agreement between Klausner 8� Kaufman and the Board of
Trustees of the City of Cleanivater Employees' Pension Plan for legal services to be
provided to the Board and to the Pension Advisory Committe�, and authorize payments to
Klausner & Kaufman in an amount not to exceed $60,000 for the period 5/12/03 through
9/30/04.
6- Accept the Actuary's Report for the Employees' Pension Plan for the plan year beginning
1 / 1 /2003.
7 - Investment Performance Presentation
8— Authorize the termination of Sirach Capital Management fixed income money manager,
transferring $40 million of the assets to the "Daily Aggregate Bond Index Fund" upon
approval of a contract for this fund with Northern Trust by the pension plan's attorneys and
transfer the �emaining approximately $19 million equally to the vaious domestric equity
managers.
9 - Other Business
10- Adjourn
Reconvene Work Session
PRESENTATIONS
1. FY 2002 Comprehensive Annual Financial Report (CAFR) Presentation
PUR PURCHASING
1. Apqroval of Purchases qer Purchasing Memo:
1. Sper Chemical, Cfearwater, FL - copper corrosion control during period 7/14/03 thru
7/31/06, including equipment and supplies for $500,000. (PU/Water)
Work Session Agenda Shel� Masler
Rev. 01-05/12/03
2. American Water Services Underground Infrastructure, Clearwater, FL - storm pipe
rehabilitation at Franklin St. and Garden Ave, for $63,356.25. (PW/Eng)
ED/HSG ECONOMIC DEVELOPMENT/HOUSING
1. Approve the program to the FY02-03 Consolidated Action Plan to reprogram $269,600 in
Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME)
program funds to activities that conform to the City's Five-Year Consolidated Planning
Document. (Consent)
FN FINANCE
1. Approve concepts regarding travel reimbursement and direct staff to prepare ordinance and
policy including these concepts. (Consent)
2. Adopt Res. No. 03-23 regarding lien releases for Sand Key special assessment payoffs
received from October 1, 2000 through March 31, 2003.
PR PARKS AND RECREATION
1. Provide direction to the staff for final design elements for Glen Oaks Storm water
Management Project.
2. Approve agreement between the Pinellas County School Board and the City of Clearwater for
a term from 6/11/03 through 6/10/04 for the City to utilize Pinellas County school buses at a
cost of $.90 cents per mile plus $18.20 per hour, for a total estimated cost of �30,000.
(Consent)
PD POLICE
1. Approve a donation to Clearwater Homeless Intervention Project, Inc. (CHIP) for funding of
operations in the amount of $100,000. (Consent)
PC PUBLIC COMMUNICATIONS
1. Public Hearing and First Reading - Ord. # 7118-03, amending the public, education, and
government access support payments from Verizon Media Ventures, Inc., cable television
franchise originally granted under Ord. # 6046-96.
PW PUBLIC WORKS
1. Award a contract to The Bobcat Company of West Fargo, ND, for the purchase of one New
328D Mini Excavator, at a cost of $24,626, in accordance with section 2.564 (1)(d), Code of
Ordinances — DLA Federal Contract #SP0500-01-D-0086, and authorize lease purchase
under the City's Master Lease Purchase agreement. (Consent)
2. Establish a Capital Improvement Program (CIP) project for Bio-Solids Treatment, to be
funded through budget savings in other projects and approve the Parsons Engineering
Science Work Order for Preliminary Engineering Senrices in the amount of $101,297.
(Consent)
3. Award a contract to American Water Services Underground Infrastructure, Inc, in the amount
of $533,030.52 for sanitary sewer line rehabilitation at various locations throughout the City
of Clearwater, using the City of Largo Agreement For Sanitary Sewer and Stormwater
Inversion Lining Contract dated October 1, 2002 in accordance with Section 2.564 (1)(d),
Code of Ordinances. (Consent)
Work Session Agenda Shell hlaster 2 Rev. 01-05/12/03
4. Approve a work order to TBE Group, Inc. (EOR) in the amount of $112,205 for utility
relocation design services being performed in conjunction with the Florida Department of
Transpo�tation's (FDOT) S.R. 55/US 19 (North of Sunset Point Rd. to South of Countryside
Blvd.) roadway improvement project. (Consent)
5. Award a contract to Rockdale Pipeline, Inc. of Temple Terrace, Florida, for the Harbor Oaks
Reclaimed Water Distribution System (01-0054-UT) construction contract in the amount of
$3,488,357.40, which is the lowest responsible bid received in accordance with plans and
specifications. (Consent)
6. Public Hearing & First Reading — Ord. # 7139-03 — Approve the applicant's request to vacate
the east 5 ft of the 10 ft drainage and utility easement lying along the west property line of
Lot 76, Countryside Tract 5, (A.K.A. 3278 Pine Haven Dr.), less and except the south 5 ft
thereof.
7. Approve the Grant Award Agreement between the Florida Communities Trust and the City of
Clearwater for the Kapok Wetland and Floodplain Restoration Project for management of the
property. (Consent)
CA LEGAL DEPARTMENT
1. Authorize the City Attorney to allocate up to an additional $50,000 in the defense of the City
and James Wood in the case of Palisano v. City, for a total amount of $175,000. (Consent)
2. Authorize settlement of Neiswander v. City of Cleannrater, a due process case involving a
demolition under the Unsafe Building Abatement Code, in the amount of $25,000. (Consent)
Other City Attorney Items
City Manager Verbal Reports
Commission Discussion Items
1. 5 Cent Local Option Gas Tax (LOGT)
Presentation(s) for Thursday Night
1. Neighborhood awards for Qua�ter. (DS)
2. Neighborhood certificates for Clearwater Neighborhoods Day. (DS)
Other Commission Action
Adjourn
Work Session Agenda Shell Master 3 Rev. 01-05/12/03
TO:
FROM:
n � 1
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Interoffice Correspondence Sheet
I�� 1`. 1, ` '',��4.,.
A�Iayoi• and City Commission
l�Iargie Simmons, Fiiiance Directoi• '-� f',�r. <<��_��
,
COPIES: Bill Horne, City Manager; Garry Brumback, Assistant City
Nlanager; Ralph St�ne, Assistant City 1Vlanager; Pam Alcin, City
Attorney; Cyndie Goudeau, City Clerk
SUBJECT:
DATE:
Fiscal Year 2002 Comprehensive Annual Financial Report
April 9, 2003
Attached please find a copy of the City's comprehensive annual financial report
(CAFR) for the year ended September 30, 2002.
The repoi•t includes a`'clean" unqualified opinion on the financial statements fi•om
the City's external auditor, Grant Thoi•nton LLP, beginning on page 1 of the report.
This CAFR reflects the current year implementation of a new govei•nmental
reporting model, commonly referred to as `'GASB 34". The new reporting model
includes several new components. Included within the financial section, on page 3
of the report, is "Man¢gente�tt's Disctcssio�a and A�aalysis" (MD&A). The MD&A
provides a narrative overview and analysis of the City's financial activities for the
fiscal yeai• ended September 30, 2002. In addition the new format includes
"consolidated" government-wide statements: the Stateme�at of Net Assets is included
on page 18 �vhile the Statement ofActiuities is on page 19.
Also included in the report is the Management Letter associated with the City's
financial audit foi• the fiscal yeai• ended Septembei• 30, 2002 (pages 159 tht•ough
168). This letter contains the auditor's recommendations foi• impi•ovements in the
City's system of internal controls. City staff believes that we have addressed and
responded appropriately to all recommendations and audit findings.
We have also provided you with a copy of the Uovernment Finance Officers
Associ�tion publication titled Aiz Elected Of�cial's Gtiide to tlte Netu Gouer�anzeit,tal
Fi�tanci.al Reporting Moclel, that you m�y find usefiil as a reference.
Our external auditor, Grant Thornton LLP, will be represented at the Commission
work session on Monday, May 12`�, at which time the CAFR will be of�icially
presented to you. �
I arn available to discuss the report �it your convenience.
• • •
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D�scriotbn of Proflrom
1 Onporip Opereuon d hkuxenarKe Costs Fa E.ntnp Systom
2 Vaon 2070 Propram (Gu�I 8r.4 Prqect 8 Ol'ers}
3 Rooseves Expressway llssatance to State DOT
4 Metlpert Transportatan System (RS) Propram
wrth Operetrq 3 frhrttenxice Expenses
5 Mena�Ca�ecta RoaQway tnprovement Proqram lktundod Pro�eccs
6 Pavemert Preservatan, Res�rfacriq Re��ab4tx.�m Propram
(Fnt Year Estmate0 NeeC 52.836,OOD)
7. Brdpe Replacoment/RehaodRacan Progran
(Fxlwes UMurWed Port�on d Be�lear Causa.va� Brr3�e Prqect)
8 txersact,on Ynprovernetxs 8eyorW Year 2010
9 MerwUCotiecla Road SVeet Liphtnp Propram
10 S�aa Proprem 8eymtl Year 2010
11. Pnelas Tred Extensbns Propram
TOTAL FOFi ABOVE PROGRAh6
��i
� • •
E�timat�
5239,600,000
530,000.000
536.800.000
575,100,000
589�300.000
� 556�700.000
5124,000,000
515,000.000
553.100,OOD
579,800,000
S7B,500,000
Notes: See Oi6, Slide 1
1. Sources of Projections: Pinellas County Higl�way Department, Pinellas
County Engineering Department, Pinellas Couiity Planning Department,
Florida Department of Transportation, and Public Works Financial
Management Department.
2. Intelligent Transportation System Program dollars reflect County's �0% share
for initial installation only. 50% matching funds are anticipated from
Congestion Mitigation Air Qualit}� federal funding.
3. The Pavement Preservation/Resurfacing Program estimate was based on the
County's current lane mileage of 2,836 at a cost of $10,000 per lane
mile with future year's cost inflated by 4% per year to account for adding new
lane miles to inventory and inflationary costs.
4. Prepared by Pinellas County Public Works - Revised April 07, 2003
�
Page 1 of 2
Norman, Lois
F�om: Goudeau, Cyndie
Sent: Thursday, May 08, 2003 11:18 AM
To: Norman, Lois
Subject: FW: Local Option Gas Tax (LOGT) Information
-----Original Message-----
From: Horne, Bill
Sent: Thursday, May 08, 2003 10:28 AM
To: Goudeau, Cyndie
Cc: Commission
Subject: FW: Local Option Gas Tax (LOGT) Information
Cvndic,
I�Yalll lllt' CO111I111SS1011 i0 CIISCUSS lll� COUlliy's interest in approvinc a �cent LOGT at the
«�orkscssion undei' CO1111111SS1011 DISCUSS1011. "l'he I30CC �nd County Administrator would
like to k»o��� it�lllC CQi111111SSi011 IS Il1CIlllt'(:� l0 SU�)�OI'[ SUC}l �lll IlliillilVt'. My und�i•standin��
is the f30CC will not support the �cent LOG�I' if'the cities do i�ot support it.
E3i11 I-lorne
-----Original Message-----
Frorn: Horne, Bill
Sent: Tuesday, April 29, 2003 11:15 PM
To: Commission
Cc: Wilson, Tina; Brumback, Garry
Subject: FW: Local Option Gas Tax (LOGT) Information
Commissioners,
Attached is information about the Local Option Gas Tax the Cou»ty Ill�iy consid�r adoptin�
in June. Steve Spratt acivised the BOCC is not likely to sup�ort the LOG�' �vithout support
from the cities. Please review the information and expect to discuss at a later d��te. Thanks.
E3i11 Hocne
-----Original Message-----
From: Della Winoker [mailto:dwinoker@co,pinellas.fl.us]
Sent: Tuesday, April 29, 2003 9:45 AM
To: �iee@ci.gulfport.fl.us; tbrobeil@ci.indian-rocks-beach.fl.us; jmadden@ci.madeira-beach.fl.us;
bhaddock@ci.oldsmar.fl.us; fedmunds@ci.seminole.fl.us; jstaley@ci.tarpon-springs.fl.us; cityhall@ci.treasure-
istand.fl.us; wlogan@cityofsafetyharbor.com; Whorne@clearwater-fl.com; ya1e1968@dunedinfl.net;
sstanton@largo.com; mgustafson@pinellas-park.com; citymanager@st.petebeach.org; tish.eiston@stpete.org;
tmanager@tampabay.rr.com
Cc: Mark Woodard; Stephen Spratt
Subject: Fwd: Local Option Gas Tax (LOGT) Information
P� Stephen M. Spratt, County Administrator, please find the attached information you requested.
R�pectfully,
5/~ti!2003
Page 2 of 2
Della Winoker
Executive Assistant for
Stephen M. Spratt, County Administrator
D. Gay Lancaster, Chief Assistant County Administrator
dwinoker a c�inellas�fl.us
(727)464-3485
(727)464-4384 Fax
All mail sent to and from Pinellas County Government
is subject to the Public Records Law of Florida.
S/�r?003