Loading...
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 I I � _ �J L�. �— _ W > � 0 0 � Q C� � Q � „A„ E�DERBERRY � — DRIVE —� ,� , � 0 � W � Q Z W � � 6` �. �L �� � 6F TY OF CLEARWATER, FIORIDA IBLIC WORKS ADMINISTRATION ENGINEERING Moresh °"6 "0 VAC2003-07 VACATION REOUEST �rtr Lot 76 2 0� 6 rccr-r+�-� Ccantryside Troct 5 �g_q8e-16e �B� PB i� Pg 57 & 58 �°��`y'� o� ..,,��Illliilllllllt��,,.. • � .- � Loc �tion 1��lap . � lll'[.'.ti'%I . 3?. �5' Pin c� f/.�� �- c�i� I�ri i-c� I CITY OF CLEARWATER, FLORiDA PUBLIC WORKS ADMINISTRATION ENGINEERING °""' ^ Moresh °° "° S.K. VAC2003-07 xo�r VACATION RE(7UEST Kn S.D. Lot 76 � � 6 W�f ffC(•1'�V-A4 ./0�/01 Countryside Troct 5 �9-QB�-t6e �sae PB 78 Pg 57 h 58 �i 9 0� cn �r� ,i � � e. � 6 �9�"�1 TE9�.E`� SUBJECTlRECOMMENDATiON: C'lear�vater City C.Oi11i111SS1011 :1f�.7,CIlCji1 �.10�`tf' MCIIIOI'�i11C�U111 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 0 n O � c i � 0 M E E U � u E � c O E � c N t � 7 a �_, ��d �b � C C v - E �, w� � `9a� W u c � � z a� a� m � c > Q c � � g � N '� N � � c � Y � � a u�. N l'7 m � �i o rn a O^ �W eTi M � � c�v7 N � �lj p c� � r a ��MQQ � N N � 4 �� v r�i c� �N C m � �- � ?N � a E �co zm S �4 � p� m � m U tD c�i U cQi Y g � 3 �� a' a' 8 N � � �� � M N �g >. „ �_ � � � � g� .� �� �R � a � � �� � .� a g$ R� � � z z � .�� �_� �� � � �� � � � � �� � � � N � � � � � w Qi « � �O N N � 7 � g � E � h � rn � �` U a� � c �i 7 � c � .� � a� rn m 8 N � � � � � .� � � � � � > B � � � LL � 0 d v � m � 3 � , � c � a � � a �' � a iS��+�lj . ,:,, o �' o� 9�'�I TEI�-E�. 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 O Nonc COS f 5 Fundinb Sourcc: Ca�U�I Inqno�rmi•nt � �p.,ac�n� ( �l1�aY G9,G00 Tc�tal CD[3G & 1-10�1E 1fi1-99Gi11, ltil-99Gs2 & Gfi3 Funci Re�. 2 9(t C � a � C � O � Q C d 'O � r Q � C N •� c E o � U � M � Q O � N a O} li. 0 0 0 0 0 0 W O O O � O O O _ � l!� l�C) t!> C�3 Efl O O O O O O m O O C�D U c�v � ai c� cfl c� 0 0 0 0 0 0 0 0 0 0 0 0 J O O O O O O O O O O O O a O O O O O CO � N � t� � � M 1� Cf� 69 t/� tfl tfl Cfl � � � � � � � � o � � � U � � � � � � � � � pp � Z C r" � U.I N C (� (0 2 E � E..�.._.Q a o-o��= � o ' � a�a`ww o0 °� o00a- � ��__ °'E _ � � � O .c ���.o 0 o s U U= W � �, � � � � U.1 � �- N N N , � o 0 0 0 .-a�o�'-�.'- o rn a o 0 0 �}���r ������ 0 0 0 0 0 0 ti �i �i �i �i �i 0 0 0 O O N �P� �- O O O O � � � � � 0 0 O O CG oi � N � I° 0 0 w � � O = t.C) � Ef3 O O O O O O m O O CO U N � M cfl cfl cf? 0 0 0 0 0 0 0 0 J O O O O O O O O Q O O O CO � N � � M � Efl t�i K) Efl W m � U � U U �O �O ` �. �- a a � c 0 0 � c c V a� a� � c � � � � c c = '��ncnE � � a a E °'�EEv �o a� o o � a cn== o � .� � � 3 o � � � � o � a�°i a�°i � a cLUUz 0 0 0 O O N N e- � O O O O � � e- � � 0 a 0 O ti� Qi � N L7 I° M 0 0 N � r � '�t �:��v ' ^ o iu o r, r_ ��- .- c e o- o o r. o r. o! � _ �°o� r°°` ° N °o o°o. p o 0 00 00; oa o � S 9 0. �= g t: o ' r =i o, �- �d, c d. ci $, � ..' _ 1.. _ .> �n o c o, o 0 0 :� �t'^i, � o; o, � c i°o rv°o Pi o j c .; �_� -_^ a u a� . o v � I � _. _^ ai o o,°n °o vryi �a n•� o o � m � i S �_ �o • • �- ' �� _ jZ � � n � - �� � o o� o 0 0 � o o n o a o 0 0 0 o v o a c o _ o c o 0 0 0_ o o - o�� � o 0 0 0� a I o ; o; o, o o� o � i � m m � n o� o; ri � I � � F� � �� � i � g o , o ; �, � � �� � �� �o a � ; i , � � � , ; ; , , � , I ' 1•— o o� o ' o-- �a � � i ' i , Y ; � � ; , � �, �, o ' o - o. o; _ � o � � � I o o, � t� o. o.; o.! o � � a m � ' � � o� o ri � I i � n � � � t v�' o� m � I i � � 0 0 0 0 0 0 0 . o 0 0 0� o 0 0 0� o� o' o� o 0 o c o 0 o a, o 0 0 0 0 0 0� ol o , o� o: o o� o 0 � S. 8 � $ " ; , , � ' ' e , i � ; i . o i' ° ^ ° � I . ', , . i , � � j 1 . i i . i � i I I I i o . i i I o � i j � o . o . � i � o . , � , � . � : � i i � i i . i i � . i , , � j . , � � . , I , � � � ' i � pF ' ' ' � I i � ' � ' t � i� g o i � . . ; � � o � � � � . ; o � i i o . . I o ' d � � i : � : � � j ' � , � � � i . � � � � . . i i � . � � , , . I i i ' � � . � � ' ' . � o� o 0 0 � o � � i � ' o ! , o ; o . ��'���`� o e 8� S e i , � � ; . ' I � � I � i � � , i �- ' ; � � g ,n o r� C . r! ' . . � � ; � � i . i =� � � � �A i . ( � i I � . � � i , , � � � � j � j . � . � � °° �� n; S. � i o� n� Qu� v°i' o' o o�i ° ol °I (�..: ° a � °': g� g n� o. o' o oi ry ' c�. o o� m ' .°n� v°� v� �i $: °o ; � �. �. o. A ;���� o�� o,�, a,;� 8 �� ��, � �i �S e,� � s I b �,. � � �,:�. - ��� � ; � � �'� � . i::ln��: ,� �, ., �i� a, ,., � � a � �.� °' , G R .�; I b ; �:;n �_;o�o� � I ; i � ; i i I^; i i I ' , j 'i C�I . F � � + i n � � ; � - i I i i . o . . i I � � I o I � i � o . o� o' ol 5' S� '4 ; A i ' : I v, N o p o� o q;oNl � ' � � � I I , ' . i ' i � � � I . , � I � ;����r��o oi e �,� o. I i � i I I � � ' � ; i � i ie`aIe°vI ' o o ' i � � � � � I o � . i I � i o � o ' I � � ' o r. g o . � . i i . � I I �lof�; �; a N N i , '.;; � I, i � j ;, � i j I � i� ��0r; a� '� •. I ` j � � I � � 1 � i ' ; �, i o� i_. rt; g � � � ; i � � , I , i � � : �:oi�l.._ b � i � i I i , � �' Uf DILLi � . �� O� n � '(� en�f� �'; ��! C�i; `�: fYi S�� O� O� O N � i O �: S. S O' . i N ' q, � � i . � I I I � (� C� �V i O ' N O�. N . �O' �(tl �D� Yf! 7' �O' N O i•t. W O:.l �� W! � i O .�' � �p � . i i fi. f1 ? `t: f'f [� . I�-I . 1.�, �- I : . CJ� � �O I � ; , B � , , I I I ' ^j ! i j � � . i � . i � . , � . , i I 1 i �: A; � ' N o; � I 3 0°� e�' �n� oj o: �� y! o°) o� I°� o � I '^ ,i; g� m� ol . i � 1 oi I � . I � 1 � o � � �� �! p ' nj ' p'� �^. N, �i � � r�, ni .=! o.. N; r,, tv n g, oI �� c. n � °' o� ^i -�ii ; � I o . ' � i ' � r� N: �� i I i r - p p p p p o ii � E � O� + O I ! n: b� S� O� Sj N S� 4�1� S Y�II �I R� p p � � S C�� � OI �� N� O' �i O � Oi O� O pO � :�� NI O' S 6� „ I O o � m. v� o,� �n o, c� o� mf o rv,l .-� .- o m . . o I ' v+� � �ri � w � n vi. mi o� ol o v+ oi vi �ci: ro o c ml o� ci� o ri� �o � ci; o o i a rvl r� o o� u ' i ! �� � o� 1 i o I i n' �I �i� r.� �». ^I o rv rvI n �- �^ in� ..� o � rv gi� o u � . � n; � � .-1 m i i o r�. � ri � n rv' r i i � � � � ' . : I 1 � ' i � ' � � � ' I 1 ;_ � ; ► ^, ! , � i ; ,; ; ���� �i' ,: ; ;ii; ;, i i ; i ii i ;;! , ;►i!� � � ( � , � i � � � � � � I � � . , � . � � I I i "e � j ^ . e � i I � I ' a ! � � t n � : o i � � i �, g j!, � � � i g i I i. . j � i f ° � , u � ' $° � ; ; a I ; ' j � j : � ' , , , � � � I � �' � � ` ` + � �, . � i i � � i 1 � . . . � ' I i � u � . � � � u � ! E � j i i � � , , � n I, , � a j � � w I > > � i i E' . ; i = I I i i , : . i i i � i n i , . a V i o� 01 Qi � oi ? i � i i' I , I � . i a a; a! a a� ; i� y � i ';' o � I , o ; � o � 8'� g; g� F� � � ! ! a � ' . . 1 6 ; � I 6 a � �i '�i �! �I � e ; � � i'n I � ! ; i I � m' I � � : � �n' { ( v'� ; : = i s° I i 1 = x° oi ( � i: � � i:; i � �, —, � �,. i �� —i i I � i � i � � I I" � � i' � � � i ; i 1 � � � � �. � I j � .. . . i � � � I c� o� ! � � I I � � � � "- . � I � i ( F . � � j �„ ��� zi �; j.� � _ " I i � e ,� gi � ' �sls i I E��� '; i�'€' ' I I,' f u' '� ' I I ���� ���§ u�I � t o U a f � a� $, , i E ( 1.� g j c� �� �� ! g . .. � Ep I c� 6 W V � I Cj L� � Li. " . fi L'` ���I ! t 2) �; � a1 ( 8 8� i =. �I �_ ! i ! c., �� EI ii I i' 9 Y Y� C " ��� `� � P e. K� f �"i � i 1 Q � �' �� I � ° �i� � c! �� 2� � i� � � . �. Z� c a i � � �.' (�i �� p.� , � �� � Y w ' �� �' �i a � l . e� E� a i cn �' t I �i Ji. i , � � �i . i Mrn i � � � � i i �, `� Q �S� �� � , Z� g� � �i � o �I '�� a.ti 1 � j ` r �i : i ' i �� r. � �,� _� E E i ��� �i °� ; � ��; e '� Lo �: � ' ' E� a � ° �; � F; �� E S � . � �' Z. � R� g � ` � $' o' � � �i �i �`� � o�f F p p E�: $ �i �� � u; I Z Y� p fi; u� g � ` �' _� b �+ R iI ',�, p �`��'"�. -� � i' a5i a' �61 O' Ep.�i � ' �C 'i zp Z" F 4.� °��' iS� S 3. �� s'i i'� �i `t . °' ��' U; '" e Vl� I U� o U. U� `; � L� `/1 � 3� 6 $� LL� �') �� U� O. ( oI � � C i c e: i ' i � 4 cn � L� b, c E e e c� c: '+ `, d E`-�•, E, e � e _ � o� op a , W `.��� [ E�. �[I ` � O.fl a C C 0 �� � N U • Cl � !' a. O � � Yj. .�1 � J f p \J I LL. 0. �' LL� � � :� c i g o o y S � a �C � V �? LL� p E � I � ' � �i' � � �? ^ � > �- �; a� i }`�. u v � �.i � ' ��. � r � i t � W � e s i t I L � C: � U: ' �' ' � 8. C 5 p� 6 ' r �: `i ' LL. t y 5 � � G i� �``�� u: =: m� F ol� � c� j i; � � n a 1 B�� 3*' I .'? �`fJ'' . i u �4 u r � c LL LL -' j u f E �=" � i �. »� � � ,. E � . .. a S Y g . c � =r € € r o o :. i a :. _ � � � = � i s� � � g! _ € �_ € I U � 0(3 .Z �i i� n O ` r. a �� �z ,` ��. ! .� a. i e .i ,4 A Y! h�a� � 75� �� � - I n u' n d u S c� i•.� u� iS i'- o a n o 0 0 0 0 �= o � o 0 0p 0 0 0 0 0 � c o-� o; o 0 0 0 �- . o o i N ! l y� cl o � C n O O t.:. D ^ J 1' �?' O � ^ �J b 1�0 � 1 � f� � O � O^ l � O� G I f. � �, � J f. � ID n �^ 1 � ^ I i '- A � ^ I ` , I • • � ! _ v o 0 0 o ci. p o I c . o 0 0 0 0 0 0.. o ' o�. o 0 o c. o 0 0 0 0 0 ; p ' � I p i p i �� � , K � � i, ' � O � O . O I � . . . . O ' O � p � n I IO Z Op � N . ' ' � j � , ' � N i E ' ' O � . O i O O � � O ' O i O . � � � � ; '� i '' � i I ' � ' ^ � . I O I ' O O O i � � ' O O I O I � i f , ,' i I I� . I ' I Q i 1 � p:J O� O �. U U l�. O U O ' p� O I � � O� . t� O O � C O O O� O: O O C� O ' O O O ,� � � C ' � , A � ' ' �i . ' i YN f.' N' O I� 7i I c'�.' . �O � � � �� � � . I � � , ' � � { I o � o . o o � , . o ' o io 'i y I ! � � ' � � ; .' . � : i i i I � � � • � � . � � � i ' � � i i � i I � j � ! � � � i : I � o � o a , �' � g °o'' . I � , � n i ; o � Qu' �ii n . , o , I I � . � � . � � � g � N` � I I ° ! ^ �i � � � i M i i I i ti I i — . � . � . � � p ' . i o � , � � o : ' o � � 0 1 ' ° eo,o . � 1f � � � ' � ! � � ( � � • m . . I � � . � ' I � j � ( ' � ' ' . � � ' ^ O �i Q O, O O� O� O' 1. O O O: �, O� . :� O $ � �. $ �: O� O� g. (�%',�. 4 N I Si1 � N Np . :� t�l O� ; O i , i , . n . � a] Op � O O i �.-� Ni � � fa. O. ca� O J� �D N . �� , c � n I � , b ; f�l N � �� tl 4'' I �.- (J � I�� 1. 7 � , ; �' � . ' � I ! � � I � � N C� ; � ol � � � ; ^ � o � � � o � . o ! I ^� i ; ' I I � � .n' � F n. v,� v� ' a;o� a �; � i i � e � ; � � �: ! a � i ' d m°;eN'�! � � j � ' � i � ' f � ; � p v o ' i I � I i �! i � : � a I f V�.. . � � ; I i � . O i � O 1 :� 4 �„ 1 , O . . .. O . � O N ; N O b 9• I � '�! � i � I � I ' �i K � � � � �� � . � . �'u� i �D o i v '° >°� �i �Y I i : ; � ( ' � . ' I °' ;R � i ! � i ` I '" � � ^ � o �I rt � I ' �'o;�� � g � I � ' � I ` � � i ! ' � v �-- U C'�I � J�f! 1 � I i � i i O I � � O I ; oi . p � . y ' '�ni bi vi� 7 I ' o O OI:L � p p.� I ' o ` ! � I V i i � C . � M� ; , t h I � � ( � t � 0} . O ` I N. i � �' p'. � N I N � ' i I ' � i � � � � i ( � i c+ ;^ n I i o �; B t� ��II �� � �� 1 4�; << � • - . � . o i I o � � o � � o . � i . � � ;�� � �; � � ��; Q ��; ° � ° � � i i � � � .,��;�� ����� ,,� i i��; N�� �,�! N � �oi �a o � o' o �a �o � � o �o ` �� � ' � o ; o � ;�— ; 8;p q 8 0 ! ; s. � o i si o? � o p i p �; � 0 O� � O t, � � � . �. g� � 0 � i vi o � y. � c� I 7 i i g I ` o I o u o I ! ` � o� o ; o I � a� o I ,,n. . I vi ` c { •f � . r�i� o : o �t r�� m�. i.-1 � n. �v � �n � a � ! �i 3 , i i , rv ; � ' � } ; `vl •'� I ' i . I ' �., I � 1 ! �o i;; � i��� � � i ,; , � �; I; �` � I I i I , � � ; i : ; � N� ( � � I, . i i' I�' 1 y�: $ f I 1 � � ' � I � � n; , I � �` �� � 1 i I n { I ' ' ` � I � 1 ! I � . �q i � I �� � � �� � ; � f � �� , i �� m e` e. �I i � I . Y � � ' I I ' S � 1 CT � `" I I` �` � I � I ' , b , i , � � ' I � 3 � � � � �' i � t�. � E � { { _ � ; � � , 2 0 0� s� o � �i . I i I ` � � ; ! i o i i . , 1 ¢ j � a i 1 g .� ; � � �'-� �: � ; � j � - { n � ' • � � o�o'o�o, U � � � 4� � . i ' i ' �I ; ; � I � � � �; I i a � i � � I .�; � : � a� � o f4 �� � c; a a a� a a� � � a� � ; � ° i }�, �' i � �! . a � ' ' � � 5; �; ` � * ! a°) a° a°I a°j a°I a°i a a° c°.� d , I 't bi �f :< ��i . - i �� �� i� �. � � � � I�; F' g'� g' F' £�1 � ��' � =_ ^ � 9 f r o°� .. u u u u 9 ; s t � i ! 9 �� I 9 � � e' ° I o f � I -° ��. Bi a l'iS� a: 8 I 0 � � � �, � �� �� � � � � �: � ( I � o. o 0 0� o o� o 0 0' � �� � ii c� �° � o � 1 � r' c� yj r � � � i I , z. x x xl x xi x x x: 03 I� a� m I�� �i i ai � i�� � ( ', �' � c31 c�l �3, c3� vi cn � . � I � � ( + t , � � i � � • I I � , � � ` i i ;� �q ' �� � i i � , �� a� � 1I 1 � , I � II � �t � �5 '.ai � � _j4 , I ! 4 'c�=�a i 1 , � � . . I � I i � iS : c� ' �"i :i . I . S, cn: o s I i i � � I $i � ` i �� � S �I i � I i' � � E� �� �� � I � � I I � a i � o + j u, , L; � I �� � �; , �,I � �j �i ; j i • a � � : �i q o� _ �� � ` -1 � o = �, � �I ; �a� 1 e e', a. a) ; � 1 i Jx�� �y 3' � � �!� ` t 2� �� B� ,�' � 4'-1 � x uZi �S. ° � E; �oy� � �j f v,;� a a°? a°i a o u' 21 � mI � I I � � �.; I �� V o. '��� {�1; `1 0 � .4�' E� E, E' S E e o e: K� � � V � f � E' S ' E ���" �; . o�� '�"� a �� . �' g� . .��i E e, �. �, e o� ol o; o� . i � �': 8 3� o� � z'l o� � °�'� g, �' , ii; � o; . � �i ' I Q; � � �' � � �I � � i) � � r � I q� �` �' a EE� up I � O• AI E' , ��' i�., `s e i �`c l e, i� e u j � � IU � � g p� � S) b� �; o� 8' S' !� Z � �' �+ o. (.. �.. . o c`o: � o c; e� E I� � . .e � ei B. v: L� z� x ,� E �r t u �. w �$, ��� a� � � t � �i � � a �' �' e� lS! S� C�. �' c, o [ ` ( ��, ` i 'i -" i HC, i i i if i� �i �. � �1 a � 4 Zf [L"i N. V7` p� � � ' A� c ` �� �� � y� � U:J' U� U� U, U U 6` � :J � -`�� � �� a; X°; S. e� � a¢, e E � Z E � c ?s 3 E; 2S� ��' 3 ; . I 4 � � i' o� G. c. o. �i ��' C' �� o ( �� U � � �' 2� � � .^ � � 2� 2� � �� � /- � a 5� � e a' �.- u� iS� 5 u�- �d �� ! u�° ° � i a i c3 u' Q: t3 i� �3 �'i °' � � O O Op � O aJ O h � � O O O ^ O ^ C�' O� N C G � N � Op c. O O n� O'� O O O � ^� 0 O� � O O� O O : 9 G O N f+ G. Q� 1: � r1 O fn, .v.� Cl O(. O p I O�i. O J � I O a]. � �tf O' I C � O O O i�.; �� O. n. � :n Vl t�t � O 7 �': f� tJ ��J �1) `i �% r O� ^. tJ C% ' Vt C. ^^ ojl i N . p o f`l .. C� !�; f) .' � : W N� �:. fr � 7 rl f� ^ .. r� N I ' tJ ^ l � � O � '� � i I �_ I •. O O O O c7 C O C O CJ O C� r Cl O O O O OI O� p� O� O C O[J tJ� ('�! L C� c� O � p n � f� C) c>I n h�� ; � o �� � , � � ;� �,.� o , � � o � � -r � � � x ; , ; _ � � � o � ; o; ,� o o ,. v � � � ; � � o � � , � o F I �; ;. ' �I° ~ � ° ° ' ° � i :s � � ; �z � i '�' . � � � rn m i ' o .= o�, n i ' � 9 ' � � m ' I n' o o � � j � ; n � �n o� io � I i $ o 0 0� o. o p � o' o a o 0 0 0� �� o o� o o� o� � I Q e c o� �>� oI o 0 0 o c o o�i o u ol o` 01 o��i � � � ^ I � I g ' I ^ v�i . n ^ i � , ri rJ I � . 1 N � I i 0 N � � ' � . , f I � I � . . . i 1 ( . o � . . . , � o i i o � o . . I " i � , � � � ; A � � � � � � � � � � � � 1 I ' . , ' � � I � Fp � � I � � j E, � ° � ' . ' � j � o I � � ° ' ° � I I � � b � � : � . . � � ( , � , ' , � � , ! i I � L'z �� �I I i,� �'; n ; � i I . 'fl'J n O � c i . � ' . � � Qu , � � , . , o , ' I � � ( i i � o$ , a � : ; � �, � o i j o � � I i , � ,n �n �I �I � � � , ' ' ' I I r: c7 �� . ; I , ry 'I ( I `�i r � 0 0�-' o; o � ' v+' r- , o o-� o� r- o r.. o rv� o 0 o r, r,� o� o 0 0� m ! � o; o' m ' o o� o o� o: C. . °;' � g � g � g� $1 _ r� : u . I m �,�, NI o oI U. I� [� tl �A [� n) p' i0 p O N p 4 b � N N f�' p A � f( !'1 O!•. U Q�., O f1 O O O ' a) ^, V� O I t1 C1 � N�11,i 1� U� O„ t I l� .�: O n 1�4 �p. Y�� •� i V�� •t ��P h O' `T ul O P a) � O � nJ j �0 � J f� f� O Oi M �� �. � .,� , �� .- �, R �. �; R � � � , b �, �c t-' '; r' ' ! � I i - ' ^� E; � i i ^� I I ! � I i I � Q� � �_. . . � . � I o i ! i o • i o �, � o ol o g� $� � n� . io � � ; � I � vi, ° o o� `' �n �, S, a , , v; '' . � : i ; ��ol >, I � � j � I ! v N � o� o� � �' 4 �, � � � � j � � � 'I � O,NI �I . � � . . . � � I I i � � , . � ; �O.'O� � � � � ' � � . N ', y o � o i . , i o � � a � � �� o �� ( f ° A . E . �' c4'i.! � � c � � � � , . : j � I v a. d! �, � v,� . ; , i , ! � ; I � � ' ! � I `o Q�' ; rt Z � ' � i i i , i ' � I 2,'I«. u . � ' � ; ' ; , (� I u �; , , v)i o ' i N r_ i o� V i n: .-1 pi h o' N; o N a O rv ' r� i � 01 ( � Gf � ' 01 � � i la ii.; ��3� o n �, �°I n� o,� i',� 4u, m� gj �. gi, °j: oi � � �6 w� gl o � : c � ii � I oi. � I a:� �`� � cij � � � v� a N ' u v�� .j, � a� o; -i �n R o m� �. �� w j � R i � i � p � � ( ' vi . $ i � j I f I �!� � i ^� ,• � i�i � � � 4� � � ' , , � � , ,N� � - � . � , q . � � 0! ! Y �i � � � ^ �) NI o� � � I : �� v�� i?� o� °o, nl r�l �� g� °o� � rv R ^ �, g; oI ol i � I °� � � �� ! ' R ' � ( � �U, ` u9 �Si O ' ,^I i . �i nj .-i rvi r�� I I �� -� � ro o: �-� o o i � . 1 , � ; J�t ' O . N rvl� O� b! 9, YiI S�O�' O' �' �� C�i Qp �0 Op(V, S�: Oi � O 9� �pII �Y�i�� n I ��] Oi p�f O � '� O N o d l'��I I. � ' E � f.� I I O ; WI YN1.; O� Ul' Q O�I OI �O. (�. f1: .- l:, O OI O eJ' K?: N� O O V1� OI ni O �' O O� OI O 1 � N YfI !� O O � + �i � ^ i i I p ( �J � I NI Ni VI: � i O; O i O' h� � YI Y� p� '1 N Oi ^.-) W O Ot' O� N I O. O� O O I � iJ. N 1� O O� df N f1 � tDi �' N I 1')�I ! A ' f� �� � M II � �I ~� ^I y� ¢ II i � � � � � ^ � ' ( I � ` ' � � i � � 1 I I I � � � � i ( � ` � I � I I ! � � ( � i I � � � ' � � t ` � i � � . � ` I' � I ( � , I' � � � ; y' i � , � f i � �� a� �� � � � � I � i , ; : i i m , ! i ^ , ° i , , � � � � � ; � � � ; ' � � , � � ; � � { I `$ � � ,;�� � i a � , . '� ' _ i i ' � � � � : � � i �. ' � � � ; I , , � ! � i I ( ' a � i � � � , � . � � � = i I . . i I � , I LL . , ; � f a � ' I i U � � o o� O O a � 'a a�a a ai c ' � . , ' � ' ' ! ' , . 1 � � � ; 9 I � � i � s j i c � c °c °c j i i � I i i i I � � � S � `�, � v p 1 � i ° ( � . � , � i � � . � i I j i 1 0; �� �� ol j �'n I � a i I m I ' v� I i=' x x x x ( � , I � . ( ii i 1 �� i ' � 1 � i . � � � �� i `.�� ` I : 'i ' �� ' � ' i �: rj � �' ; b� � j EI i ' � � „ I � � i I � ; i�. in� �-`. ' �: i �) � ; � p) i � j�': 1, ; `�y � i � � Ei� ��� �e� s � � I ,� ;'�' I I!r'"s � a S , i � a�i i I O' � U o� I � + s � a o g �, � �i ��� v ; f I� e a, � I c� �i �! �� � S �� �i �� g I •-' wi c E �i i� W �� � � � e d � E E �� 8 t o� I•� ; �� ' � �� �; ai� o � `c. S; �� B� '��i -°: ��� � Ci E� B � L'� �� � � aI c� ( gi �� ; 3 $ ' I o� � i a� �; E� rn h� u: ��' g€ , �� W; �,� �� e o! N i i I; 4 � ��', `. f � �i �, _' =) S '. 4 N ") RI ��: <. g y �i d. a r� � I a� a � i c� f S! c', e l i` ' y � R .. L' �� � � e�� r, 5 v! s. ���� � B �� v� ��� �� ti i �, L� g� � a� Zi Q�, �i �'. u_: , ,58 c; �-. ,� . � qi , I�. S' Ei Ei � n. �p� �71i • (y� j g'� E I e I R ' a p I _°, U i �' � I r', 0� S' �' `� �i � F� 2 � V u e, s°m V I , . i p �. c, c� , o� �: U� V� Y� p Q� e ti T) e S ' 0 0�: � u°� I "�. E F� d o : u Z:L ;.i� i ry, �' . m �I ,�� ' � ? vr �' Ti � n� �� r: c Q; a'S' t E E E r � o p� . . F o ��'� Di O�C °� 4 S 2; p a' O 2 a o o t1i � . I ' D� u.: E� I E� `e � 4 ` V v, • a cn �; u u Bp g u s, � c 7, r. � � j 4i � t � a c� `s e'� r � 4��� �� fi. o� E, e e c c� U m N c� E � E� � EI � c� �! vs � W � E� �I - � � n o ci o� c� g� �' tn S a n� � c F o o � j� �_ _ �l oi � W� �" o` � � i n� e m g� `I o �._ x� C. <n Ei �� o. u�: [5�. L e�^ �S I �� �+ °, � S. �; oI U'o ° ' � ` c� �� `� �. � lul �I . n n•(L. l� !�' .� t� p � 4 W C N! t k 2l � � � R ^ M I' �� � N! l: � t E 1 ,�� ;� a� �. ..� U C V (i� C: Q N (1 C y�' C � B' P p� LL !n S � C U � 8 a �. �] C t7 ' m � n� Ul , ' � o el � � a C O � � C W LL Q � � a. s Q � a � � o � � u: ° € t �. m � � r 3 € : � " „ « .` 4� : L e �� C e e r O fJI =e. 11 � a C E��. �� � c r � e t z I u c`- D r. t c� - e t � ZI � o o v i � 3 � :'o e .'p 4 �� � I � I o 3 LS t� i: S' u u r�- �°�.` f- a w. i9' u� c�. �i ii S.• � i a a u:. • cL' i5; ��. : v O� t� x � u r o r� o 0 0 0' o a o o � o 0 0 oy o � o 0 o j�-� o 0 0 0 0l o o. �i d c -- m c o ' � o, � c $ o o' $ vi o o� o in v� gi �� S��q n, c°,, n o_ c o, o. � c o. o q- m; o�n 7 , u m ry �O �^+ �21 O O O j C O O N �- oJ i O N OG , t0 �G � f % � a) ^ Ci .. � .'t bi ; � ^ �� N m, ^ OI ^ N f` ' ^ • R I � I y� O � O�J O o O O o o O O O O O OI O O O' O O U; OI oi o O o OI Oi o ' O o� O ; � V I I � O I � ' ' � ' � � � p I � � ' . . . I � . , � � � � '? I � I 1 j ' . i . p I . ' ' O O � O O � I . O I ' O O � 4 �' � � I i ' I . 1 � . I( I� � I' i O I � . � � I � � ' � . � . � I . � { � , i i I . � � � �'� o � � ' � ' o . o ; io , I o . � � � o o 'o YI g i , ' ' ' ; ; ' ' I I I '. a, � � �. � �. �. ' ! , , i o i, i! � � � �� i � o � � o, i o a � � i ; � ' i i I ' i . � � j° �°o; °� °m� o D' o o� oI o m � o: o ; $� o o . o� oi o ; o� o 0 0' o o' o o� o ! o' o� o I� �Jn o r-; . n o, �� I� ' ' i F I Yl . e I I n � i N. N O ' i ' I ; I . : � A �} I � i �� i t�l� ' N� ( iI � b I � ! � v (' � � � � i � 4 1 � N i I � � I ' � ! � � � � . 1 ; ' � ° I � o � lo � I I o , � � � o I � o Io � � ,j� i �I� � � � y� ',�' �; ; ' 4 � F. i.� I � ( �i � i ..�i �' i I ' I � I 1I � i. ���' � I$. I°r�'I, i i � r°m � I ° � , gi � ^ � i � ° � � ° � � � ° � i � i p7 � , R�I � OJ� � � f b ` i ) !i Ni N O ' ; . � ( i � I I A l7� � � I ' I I I � � . I I I � I ' � '�� o j i � ; I ! o i i o � � i o ; I o � � ; I I . . � o I I o N i' I ' I i; ,� �: � ; e �; 'e �i��i l ;1� I� ; '�i` �;' �; � � ; i� � c� ` i o � �i o� o� o o{ o 0 0; n , � ol o 0 0 0 0 �; o ol o I �°� 8 °' °' °' ° g� ' I�i� ol � �n S� : � I , � I . . ' Y� N ' O O � O Yl I O N O � O O C � � I �0 I f�f Qf� O' ; i tV � I i f� N i i O O :, 't �, m_ ' n.. g i!? Q N� 4 b m� � I � 1D [V t'i' � O I I i h � I � 1� C � O I O 1 I Y1I ^ eJ ( f�� O^� O �O 1 1�. N 9 � �o � n I � � i e ' I i � rv }2i � • , I I n v� m o ��_ I E I ! i� � �� I''• i i i ;, i � ;" � i�' ( R I f i o 'j i � i � i i I !' � � � I � i i � rv Q � :.. - i °o ' ^ °o' Ij j ' � ; �- � � ° ; � i ° ' � ° , � � vi j �n 1 � ° in � A lo I I� m ' rv� ci� I } � � � � I' � � I � � � I � ! � I : � b 1 � � � ♦`p, �� N : ( p �° � v � j , ; �o � j ' � ' � ' � � I . . °� � ( �° � 6. O G-- - '� ! I^ I � � I ' � : ' I � I i I � { I . I � � � 16 N� �J F o ', � i y i �� o � O I i � v�i v�i 4 '' ! � ( 1 O � ; ' o I Yi � I N O � 10 1 6� � ( . N IV 1 I � I i i�D� �O �i Z I � � 1 ; � C i � ; � 10I �O � �-o�.i R�g , I�i I I I �,�� � i �, � � �� ^ � o� rt ; � � � �,t._ �; , ' I I; I i � � , I I � � i I � � a i;� `-- �: ' s �;;' o�� �;� �! I o o � o� ' s g S o � I° o DI I � 1 0; ; i I ( o � ; I I o o � i � o, ; u,. v� q � o i M' j � � h � � . o o h �:; o° rv v°o I � N m � $ � I � i � � I i j I i' � � I I r� ,� i- n ` I o Q 1 B i i ! { ? � { � ' ? i 1 ' i { ( � I I � ' � �Y �� O 1 I i ( i I o ` o I ( I o I o ^� I I � ' ° � ° n I I V I� �I � j I � ! 1 � � � i I ��� � i � I I � � i , � � I o a; o : o o i o 0 0 � o o. o � 'g � i , Ig�g (g�g o , ig g o I Igl � ° i I°I 8 � � I � � r; i o. o o i o o � 1 o q � o, ��m + �� °o °o' o o ' ' q�� � o I o o I v� �n, y g ' ! � �.- �i i I i` �� n I{ i��� I�� i � � � `- I I � � i � � I � I � i ! I , ( I � ! ( � i : � ( � i i � � i ..; � � � ' I I i j � � ; � $ � � ( � � ( ; � � �� �� ' � E �, j i "k � ' I � � � ` i g I � ; � � I i � "c� :: "� "cI � � I 6 � � i � ! � e�= .°J c i i � yyy � � ; ` I � ; � } � j ' � � ' � � � `ai � z- E � � � i y � � ' i n , = ( ! � i I S n >� >: °> ° o � r �� g i; 4 I I�� a j o a (s a��;�� � � ' � � � � I I! � � � � I 9 I I g o� o 0 0 � I � d j ; � � ! ' , Q < < � � � Q , { r $: � � i � o I' ? I a°I a°� a°� a°� �aI a�I a� a a a � _ I( b") � " ( � e _ �, i� i i; i _ S � { 3` g'g'��' $;g'2��' 3 j 5 i=�= �` e o ; i u�u:u u o � y i� s ���� ��� ��!� � o I E � �cic s � z b ; ��i a a ts ts � i b I I o o� o 0 0 0 0 0 0 0 •� e � 8 � i � _' > > � x x, x x� x xI s x x o� �. a vi ¢i a o� � a u� i I� c3+ ti, ci 15 �n � �n � � i I 4 � ��:{ (�1 Iill il �' I � I qjl ' V ( ' � � R � ' � � 1 I 1$ = �� � o � � , ( f $ a ��'' �' � I i fi 8 b` � `, t� s ( �l = Iaf �? € = A � ,` � f �) I � �J� E� � s l c I��� � � I W� " , � ! _ �I � � ( �il � 3� a � LL I � e "e e � a; 0 9I I I eI ¢ � I °I 2 e � �i � 4� � I o ' _� � � � e �� g% ° �'c. m�l , , I � =i � a ; N' a R ( a O: lil Q' 0 I � � � m '�j � s� � ��;i �� �! s i�� �.�; E E E N�� o� a a � i I' � }E� � ���Ib�!Z� "°' I';a' ��. �;> eee��'�' o� ! P, I p i �i � o� � LL ; y.. � o� I i �� � c o l �Z� 5�� ig +=. LL.� �� I I a.: a � a d a' a a a � j I G i ' �i �f � oi j p{ .; g e i�' I �; 4 � t�i , { � d �i ,� �I `e� �� a� i o� i�. � ��. � � .�1 � � 6 cl o`o `a� a a e e� i � O � ( � : I I g b u' �' �i bi u� � x � � z t u ^� �i; i ' � �I � � a �. � � � � � fy� �i � T +.� �` o �.a. e 1��'/ � .�' �. � ,.vl a a o o, o c o , �1 �I �� e� 3: n I �� �f. _`r e+ �. oI r D 2� � . � � ei m o i c e • o �'i � � � ; ��i z � t c � � i � K� '' q ! s € � � S' j , � u l i J u u u v U u a� ' : a ., : � a b a,;;�,g�E��. .. ;y o� 2 E: 3!ab�� a aa i�. a ' ;� ; :� 9� `c� c� .'!. Ei E. i�i v i o. . U� E� . c � � � � k i e.. n rl o; o P � o l �' I A a. e, r +� r r. �1 � �s a� o 'i�a�a.�� a.� .-,U t3�9{ u`�_ �zd"c� §' LL.u, a 0!tZ 0 cllt3 t7 �ill3. x�LI i �. 4 � � � ��� � . . „ ,.. ;,,� �.�,�� o+f��� 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.�. . � hJ?,. f'orl f ��Cr-.3: r� ; ,�r � ,.a � :.g<<�.��, � 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. 0 � ��."''''� ... . � i�2 ` �^',; �N� -/�S' ... _ . :. !.. .. .. . � • � .� � J . , J�. r:.,.'0=....1': : 1 ;.�rr� F• . QO1 Intcrest I'��i�its 12c�;;arciiii;; (`Illt' tilic�lt��• Prr��rac�� (����rii 1'�')'1 -\larrli 211C�► ��CI'�►)Il' ��t'1'1'l'Ci: `,` l ; � �ll� II�C'!.i.��'� (.'l�lll�l�� \1'll�! C�;1���I1:11 .l:ll� l�lllti� l�'.:l ;!!'� .`;li�i 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�. cflicici�cv. housc, trailcr. or r�iini?�ii «�ith !iji�i�l��. �IICI'CS5fl1�I\' COI11(IICiC(I i�l'(1t;1•ani: �??";: - lnc.ji��idii: ls Il�at 111��c b�cn iti tit:ihl�� h��u:in`� f,ar 12 ni��nth, or lon�e;�. (l3.�scd ti����i� tlu>>c ��+s►�-W � � �j �G � ( y,h�%, cat� tollo���-uji) � \ot�-Positi�•e nutcornes: :1t1 other uutcomes !isted l�clo�v DICI 110� ClI1C� E[llf)�Oymciit -- 9.S° � Rela{�scd - 9.3"fo No Sho��js (clid not c�me i�i or• cail) -- 1G.::`;��� T)iSliili��u �lU� t0 1'11�L \'10�1tlllllti �- I I.��°(. C�thcr (l�fi for rc��s��»s but had c��i�t.�ct «i�h :.t.�ff�) 4 . S `%`o , , ��� f�n: ni�l'.' :!.:t�: ��nl�, i"Ir:�� �ni�:r� :n; � � _. . ►Zcp�:tt�: !?'.',� - l;��i�� „1u�i',ti u� c.:.�, tii;:; ;�a•� ,_ .t �; 'E���- ,ir,,��r;�nt cithi•r .�s a ��o�ttit c i,r tt«!i-;��_,siti•, c.in�' !��::r;�' t��.t+ 1?�,_'•.. ;;��;i t�, r;��,i�.�� �I�, ��;,,,.•�.:� � � C' � 1}� S%��% Tr�4 l 5�/ o T Co•vs iSi�q.UT C/�C� ��j� t_ � � i � o,t� � -�"�TC7��u� G �ATi9 / S �/ l� h�f� i,qiZ�'� V�'!+f �' C.o,�E-cA- /UuM r3r�2 S? . G;� C.�ti �� lL� �--�'`�-�" l�, r/ , fi" .�... o.c��-� . � ,�.�-�'�''�-�'�G-Q. , / ���-�.P� / s � � � � r l � h U Q rn ¢ w � � � O } d O � � til � N ! c r � N�:1���yi�� �`` **w `�(� �A� W r � � � � � � � 1 � i �i ■� � � O � � O � � y � O ■� � � � � � � � � � � � ■� � � �J ! v' i-- •y 'V '- C: U � � S C r C: '" .7 .. . J C �� Tr 7 G G. � :1 � .0 :t •� �... O `.. Z c �� o s c F c �� .. 'r C � 'J 0. v ��., -.- - _ �•_' _ - .� _ � " �. ' f -- C -r - i = l = y � w ,_ � .0 = _ � . ; r � V C . _ 'L - ` � � C C" t' � J� C,� S r' .. - . � � ' _ � :i � � �- l � � ^ " r :1 ! ,^�� �G :� 1. C ` � � � � � « 'a! ..� :J :J � wJ +. J C R � J � � y� �J" � G V .'^+� � ' C O" r J C.. - o .. � .. u L R .- v v'V O 5 r� U N - .1 �; 61 C � y - C � - O .- "•; ..�.. y,C y� i� y N 1'. � ��,.n�v j.c _'j �cc� . o �,�3 „�c� -; �'�'4yv'yv.:��°�,� .. ^�^ y Qn y¢� L=;j O d U J � = ' u O p � � - �. u � Cl p -�- 7 s �^ ... C`� �„� �:J v � .. � nv�o c �:�o �o c � =� u� c�= u et� c� :' '" � � 5 ;; u � C : � "'c° 3 �- ccai 5 ��` c� 6>.;., � i C.� O� O 7 C'v O�C 6� G - 's s ^ °, `z= �" m � s � - .� o� o oa.,�, _ . ir. C. C O L �u.. 1� p. E yyu�L�GO� ,` •F.- �.' �i.� - `n 3 3 C � ' C .. _ C 40 ���` y_'f � C� G _= � a V y�•� �� R v> N .'.CC a�.�. ti C�� U.... "« 6~J �� iC ��.�'. t9 .v O .'� � C C 6/ C'� � �- y �n w • p � .r �' � u � y �` i� �.�v � c c �� � ,' �� 1�... Y '�'C� �',C�_, c ..: J f0 N �' � F � C�'C'fl•G � _�v a C �� CS '� �. 1.`�. 0� CJ J � � O � 'U fJ 7 = � �7 b. �, .'C• F .c^ .�. a3 �V �, �.3 °>,y.S.S � :J � w PC.0 7 O 0 �D ti y .."� r Z � � �\ � 1 C `'h � 'y ' ' �5`� = - - _. l. �:, L � - _ C r i,.� � - .- u C ... J ^ C � �- K ,t - ' � �.. • J J C.O S" n'� �` O .., i; � N Ci � = " _ t. r, » a in C.[-D L C r r • _ V'O � J tV C � �' � ' _ .�.� ,,, � r � 7 �e ^ . .. ' r y C�''~f" � r, J ?� V' f�N"�'L "'... O C � v � -, C�' C.� ^ tC v .d � � .. ; ( :. � •.,,, "' .� � r, L V 6 6� y � ' r. � C C ... �� y'�"' �" C y'.' f'J y'p •- .. �r, C ' � �. C � t '� � ;^ � � � Q � . - = = : u ^C', � � X � :;'� E c' ' -L.$ °J � u-�u.��c�$' �'�u�F- �0 � � i.l� ��E~^.S � c � r :; c.� E, � c.:: 7 E ro�0�, .:J L�C � v•� ° v j�' .�-". � c a E �r"'�...��L lO v.°p`ci.a�'S"cw.=.��.�, °�.� . - v. G '. '.+� C .J ... .�. ^ C � � � u o: � r�`.� ��3 � ��"e�c � 3� � v,^�,c'_ a .�. o_F ` �� •cc a m � c � a y;� �c � v ,c 3x.� = � o•C..��. � '� � � � �+, ai � �".L �' °°°?c�> 3 °�0'3 � oo� u�^ C � � J � � � C L Y L`�-- v 3 m�� � c.: v >, o� y�• e C " = '+� 0.= 'p N °. =' m'E `c_ 3S�u - .j � w „~v, .�-'�. �' .. L�'.� '.�� � 3 � _� , - � . � 4 y ; y � � � � ` � C ¢ F�.:' � '� � i7 � C C o �+ : o '� v v'D � �o'. ,nr„�'�•�,o � C�.�S V t� C� 4� ry�' U N �- ' L 6! '.�. .S � ^. �s �d� ° a � Z O y .u.. V ��j " .'r.. S .O� �� Y �LL G._ i. � v� - i l x r. ^ •� i. � � C ��C � J � •L7 � % .-. 2 S :t oov,N�..c � �,o � �v.� 5��� c, E ,c : � � t� ,,, F, ; � .. � ',y. N �C C =� •�� > �(� J o � � � C ' � � ` � ua�'i� =v._K _ au.c :vv� E�:... E.. O �-. C 'J O " .� U � C , ; G u �� � z •' _ .. �. 'G ,��, � -; ^ •� � � 6 7 0. � � 0 1. c ^� U � c '^ . n`�. 7 • 7 a^ y V�' u L n r � y � !� L C d a� y C R tC Z � •'1• � � .� �y ,9 .-. O y .L.� L v.� C y 1� N .� W � x� .�. . j ..r'. u tJ C��Q 3.vc `ca.v V � V. :1 G O r U �c r. : t= n `c :. 'C w O"- N.�. ^ O C Y r, CJ ia r � r� 6/ G ?� '•� y w � %n��o �e ` �y�� e .�vcr...mmu a C'�-a�o! r •- �.`.��'aFV�i .�� yvc.;" V ��.'.�s��E y id �� ` E L« C C C �- � d. �v C y R � ` ''' �' ^' ° `' '' e c c ' �.61. a�i j u .= .- � � , � ' �o .. � a v,bA. o v v�;,,c �E w 61 ��� �_v'° si•S E°',�c'° � wa.�N.Gva�a 'u �- r_ c:�n3 oc w.�C a'v o� 4�3«L°�.r� '-'w�o E u v�a% :. L v� � G. y� C u C .. �J � „ci .�`+ i/i ~ C L F•:" .0 t C� j fJ N �vt a •y � �n,� C � = p 1' ' G y�'Z7 �, �)' j� ✓ '="xU jv 'ac r �L�.c w w� r� •b � U••;r��. � v 5 e� �o '� E�� a 5 � .�w� � c vi o u v : >• G ' Q 0 r VI C 1C � C « CJ �. C'... � l ,:._. ��� �5 E° u�� � u�i� c,��o'"„�''�,, i. �.',urtya. r_ 7 u .� °' �c u fn s� -C .. •u r G�O .�+ A.� � .. O 6611.Q p 'O._ry. J y�., u U u ,`U_, C 4.� O C � � O .G � - �.r,-, V 'C v� �: t tO U L � C � .0 ^-+ � « :,; .c O° c c ;; ~ 3 r_ '=.a��'u•°-�°`� N ....e v° v w .. C... 7 � N 0�... 7 � '9 � 61 � y ^ t� • � C � T ,w ��, � ` �n w = �, � .,_ � p �, C C b � w .ro � "' w �' � YO ,p ..N. Q ,v„ V � F c0 C � .0 f C 'O L: � N p � ^ 6J ' :>. L s _ v v ��^ m F -4 E- ... � .5 .. �, '' � ^ � F �a,�: `-". y� ZL � u�I S 5 Z O.O L� `� . � �.� y � o v ¢'E'� o j oC e � c,. v•..4 y o o i�°>• p'z' = v '= C � �'�'.', ° � a F . in'� 3 �'. w ,� y' f � v ... _ j R "' .,J ``J C1 j ul C! L V O� R u W Ol C�, r y 1.�• 7 G� � J •v v a j � � N u� +� 4 L= O� N O� O^� �� p N 4 C� L 6v1 C� E C Uy EJ O� V R y'«..V C � c: L t�'O C4 t.G �u t7 u w tCJ 0. .3.. s QL O�O.G .�.+ O. � �C (i.A'i -...�` �,'r..' r 6J tC tNC 'p^.�C «. ._. �� C 'C O T7 O �_. C,� �. w .. �. 'e7 eC.� b � C :' �: �61 ... � � � 'i, C � .: :�=y�.cnE...�3,°�> �v... �c"j N.. U-.�v�roy�� �, � a�.o�_ �S� � o M�y� S� C�U «� � . N 61 � 10 y N C�V X R7 'LA u 'V r '_ �•C 67 � (n � � �� 6. ; �: 'C1 ' _:�._ N N N�. e; C C C O b �� a.,C C�i i Y � v 3 �n v c c��a to�E . u o�i.�o Cv �y� ,��e ` p oC C W t L'�•�• � C m N C•C•y vi.t'�... �'�+ Q) N 61 �� � 's ^n7 o u'° �,e �°' �,� � v"_ c'� ia �o v•a o� p°,i c .. Y v � c . y y a� �. c� a �y �•C v o n� � u C �� � N�. ��p C C 7 �'�„ 'G c. CJ ... �. 7'17 Vl .� :� v: �. G � r.�;�vwivao�°^0.��«:oroi.-�'�C;�o jy'p^�,G' •c c,�s �.`c mN� .. v a :..7 ro �a.� ..,o ..,.. p ^ � � �c ^ c 'a ro .°1c > � � v .� ;a ,o v � t c i: u '^ � �1° � L '': � i"c� ��o n°_-o v � L$',y y� y mF E c^ o o:° �° ' N, ,�-, i'.' a0 0.�• 'C .c �.c � v� O nGi �r L A� v 1� O 1� +� t�o z iTf. � C U: �,r.;, „}, v��, v.c...� � � a...e��.r �° c e a �°, �� •� � b v C/ !� � G O�1.� L 'tJ w R =�' C C. C m i- 'C N r ~ � � p v x � �C O.�.. 7� � A:K L t7 i-. 'L7 : '-''_.'so�,v_ . ► � � °��p��.�Y3 , t. �, �r. : �.O.SN ) t�' ]Z O v.' � V.� .0 � 'f � L./nj � N 1 f •-•��' � ��' L Y�y ��� Ci .�+ 6~! n, V C �t � . . L � y � c :� V u ,j� .c a; t�. 'T� N - � �.. � .� �.10. n .c � Z °' �, � c . s .� � y � � •�i • � " o �'>.'G 3 W ° 'n oc o i .. - J 0.�p �'.'t�.. � i: ttL.0 G.. y N��.. .! .J �`� p r. � � • y�- y.fl � C C'w = v N 6� i .� S .^�. C .v. � •O y L C � � O � � � � •= R i a = R C a ` C { :t 6j �5� T � V V L : a.&� ro � M ° .�'ve c � i� nli `' 3 ot v - c c � . C C ` •� C L H n 7 U c � J � C,u_ � °�E a. [ ,^'r', � L �n Y C . vy,w� v oc � y � �C � . s . �� :.. G a �.: J � w .D : � :i O J. . v p r' YL �'O ... 's n _ ^ a ; c � E � � 7 Q .�, y v : L n` '`v � u °� � ' �uA°-' .=. ��� = ' a m c ~ �� 7 R � �• ,-.{3•-�5. � � � � y � �.. � G C v. ^ �o.c ; N �Vjx � �� � : � � . o ` ,,: � :; ��.� - U y M :� L 5 ` C - � .� C ,o� 6s,o� .���� ° S�`` l � ,�L i a �� � 9,��'�ITE �`�p 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 /�;1' �, �/ >>���� 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 , � I � �>1 a � 1 �( � �. v � 3 �. ,� � G: C �,.�J�.-�t q�-ewd a�`'� ��'� �`�a.-h'�� a•� C K t(' eK�a,,, f,'�,.,/-F�c.�.�d�N� I Cpti � � � S�` N �eqr (}'14��,- d ��r�,�� rf�'o�err ; MAY � 32�0 ,I. ca.w. a..rk.. ��. T�a�f- �, �.. l I � S � ° �1� '{-�c �� � � i �t�tj_j�c�'�T�r � M +�e , 9T OR c o.v rk.✓� cl c�Q u oi, c r�e. C 4 r- o� � r- �Jl�f' n.rc,� i n., C � � �� �u p 4 �E o,�, p•� .i J J � t� �� n� • . --� -¢. C M l(� T QG ( 1�' �, ��1 1 1 I J N �'t' � ll .i �l �• I C U�w I J'C v� 4 C� J..� �� �� r �Q � I� C4."�1�0.,+ � C � n'1�e. � Y� �/1,o r � 0. n`e.� r �� S -�p r- � � �.--� � �- C �l �. r� q N C� L., � i c�. � a T �� e... ' f- 4(v � e al l.c r-�h � '�. c, � nJ �.lo'�' �t.� C � M 1 ti C Z�] .�- t ti C �1 -c ¢ � �... C, -�-�1` ! J a/ V't' I I rJ ►'Y1 "� J J J ,� � i ,•� r � ,.� , e � � � �. l -f� 4. r, � r J �/ � � d i .r c t,a r� --f k ,.. � i ►.i� `I-� � .1' � r e � � c1' w� e�.% �'h �. 2�.-- c ti� i J J N� i J .3"t'1 �' c�N '�'"� e.�"�ai'� �� � h- � w�+ �e,...� i'�- 1 f i< ►� � w.� 't� a-�' � c't-� 7 j o� �Q 1' ►1 �s. U�C �� r c. o� �� e r.•� �� f 4►- ol .��� j � J- T u c� a G �.,+'t' / p l! �e r 1' � G, I t J J�t �. �, � s 1< � � �,, �-o �f'e� �r � �}-�. e ��-.. b � �` c .'1' � �el f i r��{- e�e s f � Q .. d q,l � J� T'�e �1t�.�.a.-I C ��t�f� a'�' �Lfi��..� -� �' �i-�'.r t-cg,k <,r �' K.�,c� al ��' a.f�' 0.�� s e a. � c�f' G: � a v.. I�� ...� i I u �. i�( �,1 O't' �I'-Q..., p� � lL C�1 l.�.S /Y1 0.iC Q. �I i� dif�f7'c�.clt� i� Puot i.�Passil�le, �o� �o....�„J rta--f-� -� ����orr►� � ��,.� �i ik. te o; ! e v i e�..� ct... r,� � t� o r►. m e�. a� a.�l o..� , ��,.P�.�'� va�u,e.J 1,,, -f-�e c�.ie.�r ol��e�-t.' -f� �e -F'4�; I i fi� (r1 a ��, h e.e►.., nr�c 9 a-ti v-� I� I►�►1 �.c, t e d� � e 1� c e� �..�... h� 1 n...� c�. �c. t�e ,p � 4... ai r r �i �� D cal(s/rcrPJNre.s O.r� e.xcsT.rrue. 4•..0�1 r(ace q►.r i�erdin•�fie, h�t�de� v.-� -f-4x�a� �e�s a.N d C�+.� s�-n.ff ce•,.al fi'm�e.. .� c� r lc � ��, -iv c! u ���,. hon,�ew��(� a��! ck-eck �-�.e � j���eJ y�wr-a.l.r�es. .� havY r,e � i d � d w ; �k �,.� s i � h. -f� u -F -F'k e -�'a.c; ( ,'�- 7 -�4, � � � -e A�-f q.�.. dl � -t- � _ i s n� b+ a r a, f e a rc, a-f-�o w a t k i,.f a� � d cL, k, —T'� ,� ��- c�a,, � r.ae wl�A,t 0.,� e�e-oPeN �ti� e.k����e,���. ;+ t,�.11 b�e.. l H.�'� t-� 0.►� o� ��c � i d�..� t j Q v o i ci o� � i,v � i� u r �,.i c.r 1 �,.. 'i�-�. e a r c o► ,.l. t- i.�• G� b i� gh7'ed A�eA ct,�,d �'h��,r c� daw�h; ll -t'r�etic�. F��M . =AX N0. . Oct. �� 20a2 10:3�='1 P2 � c,._lct��- ;v hE �l�ti:.�o( �f i�-h;3� rvcif�,hai°�i��.:,�(� `�� wt�; c� a. � � 6 � � 6 �t � C ► ;� -� � cx .✓ o( � -4= `-� -c.. �-e r �' s � �. t�� � i �' �^c.��t J � � i c.( � w 4. ( k .t . n,, a� P r fi' � r� q..� c►�, �� rJ o-� 0. 'F e e. I �,. S -� '' _� « �S C o rn M�.t n, i � ! J r 9�.��t'F ic.,j 4-f=-i e cT�coi �� �-f c�� � o�-� c�� r�� � n� 1' . �%-e a� c 1'1 E � �t .1 / � - f� k/,-� J k•r- c �/�. a. i.�.� fi o a n� ,c. w i� i �S w< r �� n-t � i,,, ��e � c w�. i C.4 ..� �,.r �- l cc F�af-a- �� a,.� o( � o t- h..Q G O nJ ��O �'f'v.o� b 7 ��,.., ii �; �:ii l� � J• ol r u�-�k s, c_. r ct c k h� a o( r c�,., d r� I r,'t k�-� �_ ` , � N b c..l r Q. w� d� a•..Y- c�., TVIi .r N�2 ! S�, h Jr' hs � d , �� �.!'� /.r 4...i c�r�c.. � C I't'� n.ic� c�:. ( f 1 �-% � �'� at c w a,.� �' h�.�. t ��t' i �� r� e. �►, � � a.. b!� -f-,� �-�, v.r c i vJ �-' G� r�.J -c [�t � H, � i �-e i n� � s r �/ i� r i f o r' W � �/c �-�c r- �, i..� p� ,� e o� w�'� �. w a�. h�- r i r r►�. ��r e '� �...., � e.�-edo �' �,.� > i-f- i r ��e a���f ��o r- �%i-sl e c,.��, � 4 r-c �1-e � e da ,- /� . �� e� J e l.i ,t c 'f'�. � � c r� � t.t �i �. ... dl 1 'f—� �-}- u i�e �. �r A. � � c�, � ��e, '�'L? � e G�<. G�, n, c/� "��ti a� 4� o./' e a. ���- C �2."� �� nJ -}-��- tti.i o �.. � o� �✓ b-{" Gtd �/�o r r�c..�� 4'i�'c-c.t' ('�e �• �� � c r... i- r e.'?—c . � �t rr� i...i c�� ot i^- � . T�- e. � � m.a � se J J 't� 4 f 0.✓-e "t'Y ��.� � -{—» Y�e' a. ��..1 'i'�. e i � � I v e.r . �h e� �l e r e � v�e -Fo h a v-c c` r, ( a c�. � I; v� - f�:<.�- -�y � w� `t� e� � c� `� a r' -�-�. e� G a� �-e � cc.. h a r- � �-�. e. h.Q a.� i' � r t y�� u r t� �f-<,. rt' --____ ' 0 c � i�e a� N "1� w�� cl ♦ u�(c I' ) i�'1' n. s �,., �, k h 1,' c�v r��� i-f- � a•.. �( � o� S�a �.1 i,. J• 4� c e �t a� c.� a��� �� �... '�'�.• e Sq. ►v� e,f;p �'�'J" � q.., � �:. c�( ru � {� o (,e. i � � e � � r►� i d r �f- . (.J h � l o c �,t��. -�-{, � ( ,• o ,,, � ,.. -t- � e ��J �.1' c1. e � .r � o� � (�� y w i s•� i f" c.v a J .J � m t. �( Y c� e, � r c. �yv J. � i'G n! d�..;, --i- (n.l v r EG e �i i•nJ �"i. e "��t. c� %��'(- � '-� � r �. � M`J �..i'�' �. J a,,, �1 i t w s� l d 1� e �. a� a( ���'c !c c;� � � a �� � � � c 0.-t� �,� . ��� 2 I e c►l �. �� �{+ C � l,. r. cl r�v s. Sr.vG..0 ��-1� , Q�.�- l� � V a� 5 c-. ti I-3 2� (a1 'e r-c e S t: -�' Z � �<_a,,. �n-�-�...� � � -���•� �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 O�' ___.__---- Othr_r � W _. Rev. 2198 .__ --- -. _..w__.._.�.__._ � �__ _ - - . ' ; N r�ERCUtes a ve ; ......................... ....... ... ' .._......: • • � .._..._.._._. ..�__.�....�__ ------•----• --------_.__-.-_..._._•-°-..--- .... - --- ..: ............. ...... q, . i � � ( �, ���� I f �: a i -i--� }i / i u� ��� I � ''� � ��) � `'„ � � { � � `�`': i . . . , . , j : �, �7a � ......._ t .... ` ` . Q,�,� t'}`i s .... ... .' ..................._._.__ ._._�.--- -�- -... + ....._.._. .............._...._. ........ 3h'33 i .�i:M �!N JN,IAM I W �,�,�.{ `�: ! ° �---- -•--• ................................. ...................�____---...... . ..: U 1 � % (�� �� (w � j � 3A Y NMI)1 NS N r I f � �: �C� .11l� � Ca '� � i' �: � � ; r � d� ; �~� � �'� '\ ' �,J. � M` N..,� C".l ' } ,l � -- . --�- �: J � `•� � � i � S Keave � � � r'� .,... ....................... ._. ....... _; ...Q, ...�� -----. ........._....i � � ��'•.. ti xr � ...., �+..'' ..... �i,,,� x �� C w i • .,�, � � «l . . a ...................................... ..........-°�.....�.� `ty _____ �. �_ � : --- "-"--'----- I '. � 3AD' ONYIN�IH N V i� /; � f"Y � � � � y n / � '" •.C.� �; � Q 1 ! ��l (.) �� .���..�.�,��..�..� ..............N KINGS HWY......._ ....._.. .....�.................. ....\ ......... ( � / 1 �� ••L`:. W � r / "+ � �E � 4�� p� • � � H : V C`') r,1,� �„ n��t ►r i,�� ......................:.......... •---.. ._m..,_...._,.. ` � : ___......... i . ............................... ............ ; C..� ���` i�' " °u 1 � . .. � � C,."� �• � � ; I . .. . ... ����u��i�,r vi . ,......................... .................... _�_. .�.. .,, . .. .. .. . ................. , . __�______----. __..._-- � � � , _ _. � �••--...____. W__.___.--•�-------•---- --•--_._.�_ � .__�___._._._!_�_�_ �_'___ � � %_,_- I : ...,� ; • � � ... . : : l��ll/I/Y.1t'I!i�� " � ,. ' ; ; SMYRTLEAVE � ......� .................++1...«....... . . ..._ - 1......_.................,......._................................................. ...t.....:..............-- . 3nV 37L?IAIY N . .a�.jp;N�.,.._, . y; OS/�jypN �......., � � j ( O ; ; : •.. � . . bpy , . 2 { � N �.-._ . 1 ti : 2 �''�-----_—__i _.�.� . .................l...� �.................°.. i -�� � c=i �I �—�°. _ � � ' P�RGEBLVO%"� i i . /I . ' t ` �......_............ _.� • J �--__�, i .. `` _. y � _ _ �' - � � - j�,• � � -- -. 11 . ................_... y3`"/.,;1....... `C, ___..__. � \ ` , � p . .r� 1 C - . ` �AN� way Psy/ � ., � / �T 1 .? ./ ~ j �6�` r � � ��1 ' . � __ •� ISC,ANDWAY .... .. . " : � , f \ I ` i : .�....�. f j`/� � y ' � ` .._....».�.....�.... ........_... i � ` i �- .✓.. . �� � j � � 78�7rjj' «,�Y^ . � F � � � � ..�,, ' ; ., . ; , ;� � ' ... �iV,� p'lb'.... ..... . . / • . . . . . ....._ . _ ., .., . -- .. .. �Hd�1' .. . : � � . -._..... :. '; I : / I ;; IT . ..__ ..�.< , � I . .. - .... . 3nbAV7NQNb'M• ��:..� � � 1 / , ..�7c.4131�1d�.. 5,.. .. ?no , ..................... .............. z ;� � � �� .iyos�ZO � � � Q' -- d � ���:�,..� � � �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 � 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. � 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. 2 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 � 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 f�Zj f ' � -1 \ � �'7 ; �''� t �_� /�/! ! � �^7 , �, �J •\ '�--� t�-� �/ U :..i 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_ �- � � �1 �1 � j1� � �' °�' � `�� �_ � --� I���I.'��/� � 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. P�g� 1 of 2 ,luly t 7. Z002, t o:4a:00 AM - General Conespondence: Erroc! Not a valid link - Enor! Not a valid link.. Julv �2. 2002 _ 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 Pp� 2 012 ,k,�y n, 2ooz. �o:�e:oo,u� . ���������J�J�J... w • . �� � � . ���I�Iwww���»�I.� � �_�� J��..��I�� 01��/�I� l�� 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 09/ 12/0¢ 2:35 PM 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 Page 2 of 3 o��woz �e r�t 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. Page 3 0l3 07/12J0¢ 2:3� PM r � �� J� ..J� �� • 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 GC-11 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 GC-12 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 GC-13 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, GC-14 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 GC-24 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 � GC-25 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 GC-31 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: #-��C�lV��'� � ��-��. '> � ���ri:� `t.�.,� ��.�..} {'1��»�' ¢ • z2' o � ENG PAGE 0? � i � : �j �.. , � o ` � ., � . ��va e� u i 1 PUBLIC WORKS ADN�IIS�rRATION SENT�ING FAX NO, ; (727) 562-4755 OFFICE PHONE NO, ; (727) 562-4747 �'��X 1VIE � SA �E L�s� �v�erc ,,.. LOCATION: %f I ,� r� ,,,L �`�'��--- TO: ��LvE'� i�t�LG.ar/L��_ ,��/� T �,oc�r�oN• G'rT-� f��.c � � FAX NO. MFSSAGE: .?��� Z1 G� --- � , � � � i i i � i i , , � r'�-- i � _ � . , _�._ , } .. . , � � ± NUM�3ER OF PAGES 'iH1S MESSAG� (WCLUDING THIS COVER PAGC) S� �� nn n , n n � ���a PAUE t�^ 'Ei4/.:�l.:C7E13 1»: �� 7,.756_1755 Date: Marctt 24, 2003 � `� 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. F- � � � 0 U ~ � � � � W _ U z 0 w? tn a o� 03 Z a� W w � IJ � � � FL � � J r �U � \ \ r L I I I I I L�� '3/�b' R�f10SSIW 0 � � � � � . �y .. .� .. --- �__... _ ,.� _._t � _ _._.._ . _... :_.._ _: -f%." � d tio.�. o� �o o r . . r; I �,: �,� ,, ,_ � � , r-- _,r•-• --- \ � N W � Q w > � w � 0 � � 0 � � WV a0 6£ 60 ZOOZ/0E/L0 '6Mp• �-Z•6���s6uinne�Q•pg�rp� O1Z6601�S .i5�`l"v�r✓j : �,,�, : ^ `�= Q 9��'�rEa�`'° 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 � of,, i 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 ��'�r .:` °� ' . �: :L:�'� R ., '. :, ,.., � .� ._>.. � -:�,;::; .;,, 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: � l� U� � f � Pamela K. Akin City Attorney � 2 Brian Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Resolution No.03-23 ,�coi� rlo , 2 � a 5 6 s 9 �o ,i iz ,s ta ,F �s ,� �e t9 �u :, 22 �3 2a Z5 .'.E z� za 29 30 �� �z 33 s�s :,�� 36 37 3� 39 ao a, �a s: 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 � i C 5�'�1�tL+I C:1 S ��� a 1 4 � G e�wQ�ef �-�.�-�=-� 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. • • • l lona n or�na lon . . . was rovl e wl 1 s . ltem. . or sesslon Presentations — Item #1 . ee lc�a ecor s . e o s u les . om re enslve nnua . . lnanc 1 a e o or . en ln �� � � '� :- y� c� a � � � � � � � � � � �� � � � � y � � ,� �. �� � � Z I T d'� 0 '� ° °o �� o `E � °o � � � � � W N � � i s °o 0 a°op °o tl') � � o° °o � 0 0 0 °_ o° °o � M 1� � � �j N E� ff� � S. °o °o °o °o °o °o ° °� �°n °? � � E!� � E� � � � � ; � � .� i O � 4 LL Qi , t � Qi (� •O • ; >. � vrn a ; a� ' E rn � n`. v ` i� � � � m ` � ep w ` I— � E � >, ` > L N � � r � � ta � � � cv rn — 3 o E : ; �•. � O a� rn ° m v°�i `-' `�° � � p � .. o E o v� ; � y �s � � �, � � � � � cv ° ; � o N "-' � a v�, � �� o V c`v �- p ! O � p � m ` �. N � � �-% O `+ � � � n- cC } C O �•�. a� n`. � �� � � c�i �°—' � � N E � t� � c �� o cv a� ° a� o rn � � ' �� f� j � m N Q. � N N m �, .J m � aG m m •� N c E N`� �� m N � a E � -�- � � � v c a� � � s ��i � � � c cfl � � t o .«� : �p �n (� � �i 2 � >' O � � Z � � � � m � � � i °iS E 3 c"v C � �� � a m o m c a� � `� �p� �' n�� � E y � � � N uiS 0 N� N C �. Q � w �� � Q1 �. �. .r � � $. w ° :� a W " � ' E g' — ; o °_ � ` `� � °' � °�' ° = F' � o --� � a � o o �c � ; � � c°� a�i m� V a� }a� �� � V � � � 1 .� o r n °' p � � N v, � r n c � � i �� � •N g m = m � � � v : � � � � � O y � c 3 � a� m v c � � a: p; r- c�i ri v ui co r� ao oi ° � F— ; � �`� �� � � � � � 0 N O N � c� � � � � � 0 l._ � � � � Q� W z � o� ._ � � � 0 � � � � � � � � � � � 4-- � � � } � L.L U .� � �, � � O �� � �� a� 4� m � � � � o� � 2 � � � O W � � � � C � C O O , � � ._ . U m �--� �n � a� � � -� L � r 0 � ^ � � X L1. p U W � - �, �� � � � �� ra � � m � L `- � r-- �..,._ z o � � � � O -�-� � � � _ O � � � � � � v � � �v � °' �� O �' � � v� � � -� �, X � ? w � � � o � �- _ � � � Q- � c, � �- �., O U o U �� �� f �� �v � � � � �m► � � � \ � � � � � � � � � ��Np � ��� � � � ' � N ?�a � � � •� �d��� ���� �C .� .� 0��� � � � �i � ~ �I Cv � ���� � � � F� � o � r� � � �� � � � o� � � �� a,� � : �;l':-P:,k"i:,}�s� �i � A`3 �;'��a`��'� •:�"' i' - �1 ;,��,;- ....,..::1 3� - I raS' � � • � �� � � r`A �� E� S '• � {�� �� i r�• �t ^:� ��� ��' ,�� .``;� '� ' �lti�:Y.. �Y'�..t :OYi.;i: �:.'1 ���.� ,- !:s ; � � .i,r,' �>';# �� - �, V, '���� j . � Y�,C. . � t�. • M '�i�� � �� Y .s S y 1i •; � �` �� . > ' ;,.: ,•:" y c ,;j � j' -.��► :-.� _� -:. ir�� ,q;�,�i rc:� � r �! 1 y?_ Vii%,�_'�`1 ' . , ���8 � �►`;; x:-� � `y� � :,.} ;��. �.� , ,,� I � � � � f � � � ,c� � �i � —J �ro � � � :�°��� U '�� .� �0�; 4, yO. ��f x � L Y� i � . .: ' E � � �9'': = 'd�` � � ~ ''�: .i�� / 0 ` ,1 � $ 1 J i a U r �� V} ^ r � ..� o �, a� �� ,� � _� U � � `" � � 0 .. / 0 � r� 1 ..� � � � C � � C� '``. W U ;- .� L R a �CiL �;1. ! �':. ,t,.: ' � � � � � � �� , r , � --,; � � � � � � � � � � �� � � � � r � � �� � s , : � � 1 1 / � ' � � N � 0 � � �1 > � O � � � � V M M M M (� M � U� C'? � m t+; � e- e- r- O iO � 0 � � � � N O O � r r N O Q � � N 0 O � � � A ^ � � M � N N N N E � .� p � p O N N N M a` . �I NI NI NI M � � i� � � r°�i, p N N N N � C � + 0 t � a > �'t � � � t � � � .. �. . ;s �� �f�t4 � � � �� � � C � �. _ _;�Y � � � � � � � � � � �� � � � �r � � L� 4 `1 � > � � - � . � �— � C � �/ , � � � � � �z V / W � � O ■ �� � � �� � � V I � r'iz � �J � � � O Z � a � �l� � M } � O N o!f � O , L �L � � � � � C � � C � ~ t a� d ~ � ' � �;;.� ; � ��� � � o � �' N � C � � A �� O �� N r� N � "� N O � — C � N � N w 1`- b 4 � U � � � � ao 0 .� ao � ao �` e- d C N M M Vi 0 � y y � O h- i Q a � � � � � c ep O N m 4 L Y � � � � N � � � n�O, y � > � � c � ��+c '� m V�� c�� � v3i .� �� C �° d � � tl1 � �Q� O � 7 � C� aEi � O� � d O�� C9 ,� �m o da� x�a °1� o � v� E y � W� V N � � !CO d �D � .� � W a � m � � y a � �, �, � � N N N N M O o O o 0 N N N NN N � � �. N � t0 N �. C C a. b. �. F �. �: o. c U h t0 tD ' � �O N N M M C C C C C C C C a a a a 9 'v r t N 1'7 � N F- F- F- F- � � 0 0 .J J J J �+ r a. c c � c C� U C� V v� n a � d 7 C d d �. � V O � V o � � d Q ~ �i�. d � V � V .+ � � Q O V � A � � � � O O •� '� 'a � � � 0 O d � C A Y V V � =p� N trt a0 c0 O M M CD ^ ef' CO v1 'Q' O�O N t� O� V' �O �O h O� O� �O Vf M�O O� �O O� V1 �O '�t N M M lA tA �O M P �d' O� 'Q' ln O O O M N CD N O� CD �--� l/'f M� O t��O �O M V� P O N O� P � tri m�o O�ri �o t� M ao �o �o �n �o •t� ao t+i O co O� ao t� �n u� o. �O. M N^'O' M N LA 'Q' 'O' N V1 N O� M N sf M P a' �f' '�'f P''1 CO � U1 N M P M CD I� N�O N�O N 1� I� N M t/1 M�'d" W�- O r, tt1 t+'i � O ^�O N�O �- N t'7 �- �- M C � "�r� 1� O� I� N^ M'O P^`O M�O CO �- �O V' CD O O� I� M�O 1`� O� C �O N tn �O �' L/1 1� t+1 ^ a' 'd' v1 O O� M CO O N 1� CD '0' M O� Vl � VI �O In �' OD N V� �U ^ W tn N^- O CO P N M O� �O N t� P�O O �O O d' — m^ ►'� �- m�0 O� 0 0Q P tn M a' d� O. t� P ao 0. N^^ ^ M 00 M^ N 1A N^ CD O ^� N�O O M M V" t� N �' M r- �O r- ^ ������������������������ 0 �O �O O. V' N O� O� n N 1� �O a0 O� �O P � CD P�A N M O. � ^OOSN'�V'NO^�^Oa'I�OO�O�OM�ONaoN 0000 a'^OOOONO00r-OO 00-00000 � � � � � � � � � � � � � � � � � � � � � � � � O M tn t+'f aD �?' O�O O� O`Q' 1� V' �O O V' O O M�O �O N M O Q`O O� 00 N�O � 1� N O� � N M f'� ^ ll1 �O P M^ � 0000��^000�00^t�00 NM�NOr'�r- 0 0 0 L� � N W lA d' M � ^O �- V� N �O P oD n N M O �Q c.� O� P O� � n V' N �O �p �p O O N 1� • `O O� �O 1� O� V1 d' �O 1� ul N Vl M�--� h�O �O O a' d' M M O �O P t��n0 V'OOaot�Mtn�o�oOw'a'NO, ao--O�o�O^M tn ,o N �O � I� Vl tA N M�0 ^� O O CD V' ^ N M 170 tJ1 O� M M O M M O� �70 O `O O� O� N V' m�0 M 1� CO O n 1/1 ^ P d' V1 V1 N V1 h M ^ � M••.• •-� Q M Q M^ d' � M^� 1� O� N M N 00 t0 t!1 �O �O a' d a N ^ vi �O ������������������������ � � ��OOOO a'^OOOONOOO^OO O�OOOOO N � ����������a������o������� � � �O M M O � n T �O N n� h Q"t M N d' �/1 N V�7 I� O� O N � � 0000 ��n� 000^00 -^►�00 N��-^Owi�-- S t n .c m m t o v�" �'' y� e7 •� n c� ra�"? L d � o` V ci � 'mv� e CavLirj Laot w ti � � �2c t� 6��I �6i N•N �p C� A q C m C C � � � I� oc�mmt7�ou �_'=�i�iz a o .. � .c 'e b1 'c � m � o � � Q = c .a c �� � m '„� n..� � .. 0. p p W,.� v� . �'�' Co Ca T Ga+. � C G' O= U a ` c d '� � `-n %d j �a� o�'t t'n�n�n�n�ni=F� F�- � 0 O � N � � N .� � �� � c � � � � � Q c c L° a u � C 6� � ^ T o � � � :: � W �' m m � � � oN. a �^ :% � °c L° ^ O � � > h �}' c p O 8 ". aN�± ��� �' :{ '�' � rCv G! �� � .-di y a p � N �� ����^ :a a V a c c � � � � � � '� �- �, 'O � € cVQ �:u� :' ,� c .c �- � C .Ca� pq � �� T a�v C,� �� N '� ' y > �a '�,g' $ � � O°'L �S c � F.. E A � � � V � 'E��a �O � n L � � � A �'� C � o � o ;� � ��° �v v � Q Q � Q Q � .� ..a,��Q ��o�d� �7l�u�a°n.°� znnnnnn P�irs.B//as Co �►rs ty /1°rv b/�ic VVor-'I�c.� � 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