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12/05/2002CITY COMMISSION MEETING,. jPRELIMINARY (WS) AGENDA & PAPERWORK THAT WAS IN PACKET INITIALLY BUT THEN ' f NOT CONTINUED ONTO THURSDAY'S . f COMMISSION AGENDA IS AT THE BACK: OF { THIS AGENDA PACK. aia? ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, December 5, 2002 1. Invocation - Pastor Thomas Jones, Flowing River Church 2. Pledge of Allegiance - Mayor 3. Introductions, Awards and Presentations: - a) Proclamation - Miniature Art Month - January 2003 - Given b) Presentation - Mayor's Cup win at the Festival of Trees - Given C) "Making a Difference" Award from Clearwater Neighborhood Services - Given d). Turkey Trot Awards - Given 4. Approval of Minutes.- Regular Meeting: November 21, 2002 - Approved 5. Citizens to be heard re items not on the Agenda Ricardo Morales and PegAV Gray said the Clinica Guadalupana provides free medical assistance to the Hispanic population. The agency relies.on the generosity of medical professionals and volunteers. They invited everyone to visit the facility on Drew Street. PUBLIC HEARINGS 6. Approve the City of Clearwater FY 2001-2002 Consolidated Annual Performance and Evaluation Report - Approved 7. Public Hearing & First Reading Ordinances 7056-02 and 7057-02 - Land Use Plan Amendment and Rezoning for property at 209-229 Windward Passage from Commercial General to Residential Medium (Lots 1-11 Inclusive, The Pools of Windward Passage, Plat Book 118, Pages 63-64 in Section 08, Township 15 South, Range 15 East) (The Pools at Windward Passage Homeowners' Association; Rep. Joseph W. Gaynor) LUZ 2802-09010 -Approved. Ordinances passed 11" reading. Public Hearing - Second Reading Ordinances 8. Ord 7038-02 - Annexation for property located at 1737 Cardinal Drive (Lot 72, Pinellas Terrace in the Southwest quarter of Section 5, Township 29 South, Range 16 East); (Elizabeth Haun) ANX 2002-08011 - Ordinance adopted. 9. Ord 7039-02 Amend Future Land Use Plan for property located at 1737 Cardinal Drive (Lot 72, Pinellas Terrace in the Southwest quarter of Section 5, Township 29 South, Range 16 East) Residential Low (RL); (Elizabeth Haun) ANX 2002-08011 - Ordinance adopted. 10. Ord 7040-02 - Amend the Zoning Atlas for property located at 1737 Cardinal Drive (Lot 72, Pinellas Terrace in the Southwest quarter of Section 5, Township 29 South, Range 16 East) as Low Medium Density Residential (LMDR); (Elizabeth Haun) ANX 2002- 08011 -Ordinance adopted. 11. Ord 7041-02 -- Annexation for property located at 155 Elizabeth Avenue South (135 feet of the West 980 feet of the South 70 feet of the North 299.88 feet of the Southwest 12-05-02 Action Agenda 1 12/05/02 quarter of the Northeast quarter in Section 17, Township 29 South, Range 16 East); (Dorothy Costa) ANX 2002-08012 - Ordinance adopted. 12. Ord 7042-02 -- Amend Future Land Use Plan for property located at 155 Elizabeth Avenue South (135 feet of the West 980 feet of the South 70 feet of the North 299.88 feet of the Southwest quarter of the Northeast quarter In Section 17, Township 29 South, Range 16 East) as Residential Urban (RU); (Dorothy Costa) ANX 2002-08012 - Ordinance adopted. 13. Ord 7043-02 - Amend the Zoning Atlas for property located at 155 Elizabeth Avenue South (135 feet of the West 980 feet of the South 70 feet of the North 299.88 feet of the Southwest quarter of the Northeast quarter in Section 17, Township 29 South, Range 16 East) as Low Medium Density Residential (LMDR): (Dorothy Costa) ANX 2002-08012 - Ordinance adopted. 14. Ord '7059-02, amending Chapter 2, Article iii, Division 2, Section 2.081 through 2.085 of the Code of ordinances to replace the title of the "Airport Authority Board" with "Airpark Advisory Board", and provide clarification of their powers and duties. - Ordinance adopted. CITY MANAGER REPORTS CONSENT AGENDA (Items #15-37) - Approved, except Item #34 Is contingent upon Ms. Slack's'dismissal of current grievance re sick leave, and upon execution of a release re any tort claim arising out of the training incident. 15. Approval of Purchases per Purchasing Memorandum: 1) Purchase from Smith Fence, Clearwater labor and material to install fencing during the contract period: 01/01/03 thru 12/31/03 for $200,000. 2) Purchase contract with Thompson Tanks, Princeton, Kentucky for Propane and LP tanks during the period: 12/06/02 thru 12/31/03 for $71,000. 3) Purchase contract with Jeffry Knight Inc. dba Knight Enterprises, Clearwater, Florida for installation of gas mains and service lines during the contract period: 01/01/03 thru 12/31/03 for $600,000. 4) Purchase Contract with Reliastar Life Insurance, Minneapolis, Minnesota for SAMP life Insurance premium for group term life during the period: 01/01/03 thru 12/31/03 for $85,000. 5) Work Order with King Engineering Assoc., Tampa, Florida for General design and construction services for utility relocation for $53,260.00. 16. Designate Mt. Carmel Community Development Corporation, Inc., a Community Housing Development Organization (CHDO) as per the federal HOME Investment Partnership Program regulations as contained in 24 CFR Part 92, so as to allow them to conduct activities in accordance with program requirements and as outlined in their City of Clearwater CHDO Agreement . Approve the City of Clearwater CHDO Agreement with Mt. Carmel Community Development Corporation in the amount of $77,100. 17. Approve a Work Order. to Tampa Bay Engineering, Inc up to $205,000. to provide engineering and architectural design services, including CEI work, for the new Northwest Fire Station 51 12-05-02 Action Agenda 2 - 12/05/02 18. Approve Change Order No. 9 with Environmental Consulting and Technology, Inc., of Tampa, Florida, by $70,000. for a new total of $369,273.85 in order to complete additional contamination assessment activities required by the Florida Department of Environmental Protection 19. Authorize Fleet Maintenance and Solid Waste to serve as warranty agents for manufacturers that sell equipment to the City of Clearwater for the purpose of servicing and repairing said equipment that belongs to the City, city customers and other nearby cities and towns, and to receive parts and labor credit or cash reimbursement for services rendered. 20. Award a contract to Atlantic Ford Truck Sales, inc of Ft. Lauderdale, Florida, for the purchase of a 2003 Sterling LT 9500 roll-off truck in the amount of $102,961. which was the lowest responsive bid in accordance with the specifications and authorize financing under the City's Master Lease/Purchase Financing Agreement, in accordance with : See.2.564(1)(d), and authorize initial vehicle preparation costs of approximately $5,000. for a total cost of $107,961. 21. Approve a contract with Roylee Miller to purchase Druid Heights, Blk C, Lot 8 for $120,000. plus estimated expenses of $1750. for survey, title insurance and closing costs, and approve a Lease Contract with Roylee Miller to lease back the subject property for $1.00 and other valuable consideration from closing until August 31, 2003. 22. Approve a contract with Michael P. and Harmonle A. Loberg ("Sellers") to purchase Druid Heights, Bilk C, Lot 9 for $120,000. plus estimated expenses of $275. to reimburse Sellers appraisal expenses, plus estimated expenditures of $1750. for survey, title insurance and closing costs; and approve a Lease Contract with said Sellers to lease back the subject property for $1.00 and other valuable consideration from closing until August 31, 2003. 23. Approve a contract with Sunset, Point Baptist Church of Clearwater, Florida, Inc. to purchase an approximately 3.455 acre vacant portion of Lot 19, E.A. Marshall's Subdivision, together with an approximately 29,809 square foot drainage and utility easement over portions of Lots 9, 19 and 20, E.A. Marshall's Subdivision for $300,000. plus estimated costs of $7,500. for an environmental audit, parcel surveys and closing costs. 24. Accept a Drainage & Utility Easement over and across a portion of the Southwest 114 of Section 20, Township 29 South, Range 15 East from The Grand Bellaglo at Baywatch, a Florida limited partnership. 25. Award a contract for the Pump Station No. 22 Improvements (Cont. No. 01-0035-UT) to TLC Diversified, Inc of Palmetto, Florida In the amount of $426,690. which is the lowest responsible bid received in accordance with plans and specifications. 26. Approve Change Order No. 1 to the Northeast Advanced Pollution Control Facility Improvements (99-0072-UT) to Westra Construction Corporation of Palmetto, Florida increasing the contract by $772,889. for a new contract total of $10,182,889. and approve a time extension of two hundred-forty (240) calendar days for a revised total completion date of August 14, 2003. 12-05-02 Action Agenda 3 12/05/02 27. Award a construction contract to All American Concrete, Inc. of Largo, Florida for the installation of a sanitary sewer main In Fauids Road, In the amount of $120,597.24, In accordance with City Code Sec. 2.564(d). 28. Authorize payment to Florida Power Corporation In the amount of $102,985.10, for undergrounding overhead power lines on Mandalay Avenue, Papaya Street and San Marco Streets. 29. Award the 2003 Tennis Court Resurfacing Contract (02-0077-PR) to Welch Tennis Courts, Inc., of Sun City, Florida for the sum of $37,900.50., which is the lowest responsible bid received in accordance with the plans and specifications. (Consent) 30. Request for authority to institute a civil action against James A. Bagnato, to recover $5,954.09 for damage to City property. 31. Request for authority to institute a civil action against Anna K. Ellis, to recover $2,067.43 for damage to City property. 32. Adopt the AFLAC Flex One Plan as the plan document which establishes and manages a Dependent Care Expense Reimbursement Plan and a Medical Care Expense Reimbursement Plan, and approve the applicable Reimbursement Services Agreement. 33. Approve Mayor's appointment of Deborah Woodard to the Clearwater Housing Authority. 34. Authorize settlement of the workers' compensation claim of Clalmant, Catherine Slack, in its entirety to include medical, indemnity and attorney fees for the sum of $50,000. 35. Approve a lease between B.J.E., Inc. of Clearwater and the City for the premises at 483 Mandalay Avenue, Units 106, 107 & 108 for a period of one (1) year to be used as the Beach Branch Library for a total cost of $56,100. 36. Approve Agreement with Alcalde and Fay to provide lobbyist services at the federal level from 01/01/2003 to 12/31/2006 at a cost of $72,000. per year, plus expenses not to exceed $3,000. per year. 37. Ratify and Confirm the City Manager's approval of an Increase to the Chance Management Advisors, Inc. contract for additional professional services for the Pelican Walk Parking Garage Project for an amount not to exceed $20,000. OTHER ITEMS ON CITY MANAGER REPORT 38. Adopt Res. 02-52 authorizing the City to enter into an agreement with CSX Transportation, Inc, for installation of one (1) 66" stormwater pipe In the CSX right-of- way as part of the Myrtle Avenue Drainage and Roadway Improvement project; and approve Pipeline Crossing Agreement No. CSX-044174. - Approved. Resolution adopted. 39. Adopt Res. 02.53 authorizing the City to enter into an agreement with CSX Transportation, Inc, for installation of one (1) 13" water main in the CSX right-of-way as part of the Myrtle Avenue Drainage and Roadway Improvement project; and approve 12-05-02 Action Agenda 4 12/05/02 Pipeline Crossing Agreement No. CSX-044438. - Approved. Resolution adopted. 40. Adopt Res. 02-54 to approve a Joint Project Agreement with the State of Florida Department of Transportation (FDOT) to relocate natural gas mains during Improvement project FPN: 257103-1-56-1; WPI: 7117191; SPN: 15020-1546, Pinellas County, SR 595/Alt U.S. 19 from Drew Street to Monroe Street at an estimated cost of $400,000. - Approved. Resolution adopted. 41. Adopt Res. 02-56 to approve the utility work by highway contractor agreement with the State of Florida Department of Transportation (FDOT) for the relocation of existing potable water and sanitary sewer facilities impacted by the FDOT's S.R. 595 (Alt US 19) Roadway Improvement Project. - Approved. Resolution adopted. 42. Approve the Agreement between the City of St. Petersburg and the City of Clearwater for relocation of the St. Petersburg water main associated with the Kapok Wetland and Fioodplain Restoration Project and reimbursement to St. Petersburg in the amount of $70,030 for associated costs. - Approved. 43. Adopt Res. 02-55 authorizing Supplemental Agreement 0, to include emergency soil mitigation and fuel tank replacement in an existing JPA at Clearwater Airpark, increasing Department (FDOT) 'funding by $300,000. and authorize the City's contribution of $60,000 under the agreement. - Approved. Resolution adopted. 44. Pelican Walk Parking Garage Alternatives - Commission directed staff to continue negotiations with owner of Pelican Walk. 45. Other Pending Matters - None CITY ATTORNEY REPORTS 46. Other City Attorney Items -- City Attorney requested an attorney/client session re McKlmm vs. Creed. Session scheduled for 1/6/03 at 8:30 a.m. 47. City Manager Vernal Reports -- None. 48. Other Commission Action Hibbard attended Salvation Army Kettle kickoff - was great to learn their story. He represented the City at the installment of the new Rabbi at Congregation Beth Shalom. Gray wished all Happy Holidays and recommended people focus on one thing they really enjoy. Jonson presented pictures of unsightly light poles and portable storage units. Assistant City Manager Brumback indicated Florida Power will be repairing the poles and enforcement has commenced against the portable storage units. He stated the food pantry is still experiencing lower contributions and encouraged donations. He wished all an enjoyable holiday season. Hamilton wished everyone a happy and safe holiday season. He said we need to make more. effort to help those less fortunate all year-round. He complimented his colleagues on an effective 2002 and looks forward to an even better 2003. 12-05-02 Action Agenda 5 12/05/02 V,.".. 11 Aungst attended the Festival of Trees on 11120; the City retained the Mayor's Cup for Best Y. Decorated Tree submitted by a City; the tree was sponsored by the Outdoor Arts foundation and decorated by Silas Beach. He thanked the South Clearwater Citizens for Progressive Action Dinner of Thanks at Ross Norton Center. He attended the Hispanic Outreach Center ribboncutting on 1112. He and his family participated In the Turkey Trot on Thanksgiving Day. ' Tomorrow morning at 9 am at the Drew Street Shopping Center is the ribboncutting for Babies R Us store. On 1216 at 7 pm a Christian Rock Concern will be meld at Coachman Park. On 1218 the 97X.concert will be held at Coachman Park. The North Greenwood Cleanup that was canceled due to inclement weather has been rescheduled to 12/7 at 8:30 am meets at Jack ' Russell Stadium parking lot, then wrap-up party at 12 noon on Phillies Drive. The Holiday Parade is 12113 at 7pm - leaves from Crest Lake Park and ends at East Avenue downtown. On 12114 from 3 -- 8 pm• the Holiday Sights and Sounds will be held at Coachman Park. The Outback Beach Bowl between the Univ.- of Florida and the Univ of MI will-be held at 2 pm at Clearwater Beach on 12129. The next Work Session is'scheduled for 116103 at 9 am.. He } wished everyone a safe and happy holiday season and looks forward to 2003. - 49. Adjournment -- 7:43 p.m.' F 12-05-02 Action Agenda 6 12105/02 CITY OF CLEARWATER Interdepartmental Correspondence TO: Mayor. and Commissioners FROM: Cyndie Goudeau, City Clerk SUBJECT: Fallow up from December 2, 2002 Work Session COPIES: William B. Horne, City Manager DATE: December 3, 2002 In response to questions raised at the December 2 Work Session, the following answers are provided in final agenda order: Item #6 - Consolidated Annual Performance and Evaluation_ Report (CAPER) FY 2001-2002 is available in the Commission Office. Item #29 - 2003 Tennis Court Resurfacing Contract to Welch Tennis Courts, Inc. - The life cycle expectation of resurfaced tennis courts is five to six years, depending on usage; six years is the.maximum. Item #30 - Authority to institute ' Civil Action against James A: Bagnato for damage to City property. Revised item provided with corrected dollar amount in Summary area. Item #35 -- Lease with B. J. E., Inc, for Beach.Branch Library - revised item (total cost in footer) provided. Item #44 - Pelican Walk Parking Garage Alternatives - Information regarding parking space sizes and travel lanes requirements in other communities; and whether to pursue amending our parking space size or look at the flexible review process for parking on the beach is being prepared. Miscellaneous - Copies of applications and questionnaires for Charter Review Committee are provided. Note: Those applicants with resumes only have been requested. to complete application and questionnaire forms: tlf?kl 1 . rw,v.,?y,.r.nravr.wYw-era., , ' aetiwa;w in'n-' . ** etA -?. :n M Ri{'?i1'{}y k,• i 3N• RESOURCES, INC. Nov 2 5,20U G1'I ? GL 'RK ?,??PART,'MEN7 November 22, 2002 TO: Official.Records and Legislative Services ' FR: Mark P. Bryan i fF 1 , ' - . RE: :Charter Review Committee -.Please consider me for the Charter Review Committee. My home address is 1498 Excaliber Drive, Clearwater; Fl 33764 i +,-4175E BAY; DRI,VE,,'. SUITE ,275, CLEARW'ATER. FL 33764 (727) 530-3619' FAX (727)' 539-'85,93• MARK P. BRYAW 4175T- DAY I)XrVE, Suite 275 Clearwater, .TX 33764 Phone 727-530-3619 Fax 727-539-8593 Executive with hands-on experience in operations, sales, marketing, customer service, strategic planning and organizational development. Track record in development of systems and processcs that increase productivity and efficiency. ? Implemented a system of properly setting then achieving goals resulting in a production increase of 500% and a 100% sales increase. ? Ability to initiate change and implement new processes while maintaining a positive, .productive environment. Te_am/consensus builder with strong supervisory and motivational skills. D Ability to identify issues and prevent problems. ? Expert communicator, able to achieve optimum employee perforrnance via training and management skill (leadership). ? Superior ability to plan, organize and motivate for precise and timely execution. ? Upgraded existing staffs and upgraded morale, reducing turnover. ? Excellent interpersonal skills enable me to work well with a broad spectrum of personalities at all levels of responsibility. Change agent who enhances profitability through strategic improvements. • `r'' ? Turned around operations taking company from verge of bankruptcy•to profitability. ? Designed a strategic plan that resulted in a 300% increase in customer base. ? • Developed a customer service strategy to retain customers while reducing costs. Served as Attorney for municipal corporation inclusive of legal counseling, contracts, administration, operation of utilities, planning, and administrative hearings. Recognized for reorganizing and administering county Title fV-D program. Program was acknowledged as best in state and served as model. Negotiated contracts and made cflbctive presentations to future clients, senior managcmcnt, and industry representatives. Served as corporate officer and director. JD, School of Law, Valparaiso University, 1977 DA, Economics, Indiana University, 1971 Married 29 years, 2 adult children. . MARK 11. BRYAN PROFESSIONAL. EXPERIENCE FOCUS RESOURCES, INC., Clearwater, FL Page 2 1990-present Founder and CEO > Managed entire operations ofa business and organizational development firm ? Personally worked with CEOs and Presidents to substantially improve their bottom line ? Developed and implemented processes and programs to ensure objectives are achieved or exceeded. MARK P. BRYAN, P.A., Clearnvatcr, FL , 1988-1992 Managing Attorney Founded and managed a sophisticated litigation practice, ? - Annual revenue increase of over 230%. ?' Effectively interacted %0h judges, clients, and support staff. GENEVA FORRESTER, P.A., St. Petersburg, FL 1986.1988 Attorney at Law D Supervised office administration and staff including hiring, training, evaluation, and motivation. A Practice dcvclopmcnt - obtain and retain clients. Created a culture of teamwork and cooperation. ? Litigated complex lawsuits including negotiated settlements. FEDERAL PUBLIC DEFENDERS OFFICE, Tampa, FL 1981-1986 Assistant Federal Public Defender ? Litigation and appeals of federal criminal cases. Case Management. D Staff Supervision. FEDERICO AND BRYAN, P.C., Liberty, IN 1979.1981 Managing Partner Administered the operation of 3 offices. :- Responsible for P&L and practice growth. Clients included a major university, real estate developers, and a large food wholesaler. STATE OF INDIANA, Liberty, IN 1978-1981 Chief Deputy Prosecutor 9 Increased productivity over 100%, without incurring additional expense. > Created a spirit of cooperation amongst police agencies. Developed a system where all . could share the rewards of a unified effort. > Designated a child support enforcement program that served as a model for the entire state. THRII!-T-MART GROCERY STORES, Gary, IN 1972-1974 Assistant Manager Y Responsible for entire store operations in manager's absence. > Promotion, display designs, and marketing of products, Y Employee training, supervision, and motivation. 1 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARD' '•'? (must be Clearwater resident) Name: Vel ,5e',p L' 9 t ; o Home Address: 1-21y zip 33 7/ ,7 Telephone: 72 7- lb - iZo s"y Office Address: zip Telephone: How long a resident of Clearwater? 1,V . Occupation: ei.64e b Employer: Field of Education: Other Work Experience: 6.0df?, -?cz ??z .es _ ?o.s.a f? rGfr. It z If retired, former occupation:_ dr-&LrW d w-4,6 rc/i ?- _ Community Activities: Lr?E,?,eu•-?,? - ,? ?sx G .- ,f.u ?' 3?uA ?y?-rr?.?t'.??irrr ?r?7ftl? " ?f. rFc !f ?f. ,v?rfersk-?rF.u? Y ,her Interests: Board Service (current and past): a Board Preference: Ci W/ZA Signe IC '.e !D? Date: See attacd list for boards that require Financial Disclosure at time of appointment. Please re urn this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue BOARD QUESTIONNAIRE 1. What Is your understanding of the board's duties and responsibilities? -7; Li A t ?/ r ??/ ? ? ? _/vim 1??.L?t' ? / L'-r.? 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? A"y j -,-13 P /V?? 6- 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? 14 Elf f- 7z ?,, Z; 41k 4. Why do you want to serve on this Board? Name: Board me: Ch Vrter- Review Committee Thursday, October 24, 2002 8:53 AM To., Cynthia E, Goudeau From: Emilio Correa, Page: 3 of 3 Emilio J. Correa E-mail: corrett eniiliooliotniuil.conr 1215 Grove Street Clearwater, FI, 33755 (1,1).727-466-0823 OtJAI,I l+ ICA'1'IONS/CtLPARIE,I I'IES: Over 7 years of strong project management, research analysis and data management and modeling skills. • Extensive international multi-industry exposure: NfVTA region and Central America. Solid SPC and Industrial Standards ISO-9000-14001, QS-9000, GPVH', TQivf, JIT, SLY SIGMA. • Computer skills, extensive technology training experience. • Trilingual in English, Spanish, French. EDUCATION Northeastern University Boston, Massachusetts Bachelor of Science, Industrial Engineering 'December 1992 Suffolk University Boston, Massachusetts Master of Science, Economics September 1995 Managed and improved engineering projects encompassing drawings, tooling, prototypes, PPAP & APQP policies, PO's budgets, qualifying new suppliers for outside services, guiding production on tnethods and ovalunting pack-aging of product to customers. Served as liaison between engineering departments from the Pinellas Park Plant and a client plant in Tijuana, Mexico. Performed Capital Equipment Analysis and Modeling of metrology reports, Faculty Staff Tampa Teclurlcal Destitute. Ltuso. Florida 2000-2002 Instructor in the areas of Systems Analysis and Design Theory, Algebra, Computer Fundamentals and Microsoft applications. Industrial Engp !? r,,1/r> vW,'vfedirrj/,Clearwatct;_Flori4:? 2000 Monitored die full reorganization of the production poor. Creaicd center for information and data dissemination at company's computer server tluit contained engineering illustrations of processes, methods and designs. Supervised the installation ofconveyor systems to replace U-Shaped manufacturuig cells. Designed worksatrttions to increase productivity and reduce ergonortue deficiencies. Set basis for grouping tecluiology among different items (trays) produced at the plant. MathelnaticslComn iter Instructor Technology Liaison Research Snecialist/Datu Analyst Boston Public Schoo Roston, Mnssachusetts 199,1-2000 Designed Cohort Study to review quarterly progress of students; Implemented various Databases for forecasting demograpliic trends acid analysis for policy justifications; Produced Goal VII Report of the Lau Plwi for Quality Control of Bilingiial Education programs. '!'aught high school students Algebra, Geometry and Computer Literacy. Dntabase Consultant, PJB Services, Inc., Fruniin;tham. Massachusetts 1993-1991 Cresled database manngcnient system including (lout not limited to) the autvntation ofcertain paper work processes related to dispatcliirtg petsomiel, assigning locations and projects as well as quote estimation for different projects. Assembly Manager, Liimald lis ., Montreal Quebec, Carmda, 1990 Responsible for high quality production of Emergency Ligllthtg Systems; circuit calibration, assembly and test ttiethods, uumufacttuing poor support, dlturlity control, production orgitii7alion, new personnel minding. MI work done in French. [gclustrial -4 ?'t?,i tcer6ndustrial Consultant, R.R.Q,1rra, Consultants, San Juxc, Cgsta Rica 19RS Designed and hnpleinented projects in industrial diagnosis, sensibility anilysis, and nraiket fmsibility, which utcluded reseatt:lt and forecasting ofsupply and detntuul for diverse enteiprises; provided technical and reseattll assistance to companies for nequisition of capital equipment and loans; executed presentations of Various project proposals to regional business corriinunity. RIsI,I:Vr\N'I' SKII,I.S: Computer Shills PC Operation S,ystentr/Platforms: Windows, DOS, and Mac's. Communications: a-mail, Internet, WEB, Video-Conferencing, PC Soffi are: Project Management Suflivare, Statistical packages (SPSS), CAD, Office 2000, Databases, Visual Basic, MPACT (Automotive Industry Dutnbuse System). World I,antauuers Spanish (Native Speaker), French (fluent) Thursday, October 24, 2007. 8:53 AM To: Cynthia E. Goudeau From: Ernillo Correa, Pane: 2 of 3 Emilio J; Correa 727-466-0823 1218 Grove Street Clearwater, FL 33755 ' E-mail: correa_emiliopliotmai1.coin, 10/24/02 Cynthia E. Goudeau, City Cleric and Director of Oificial'Records and Legislative Services ` "The City of Clearwater is seeking volunteers to serve on its 2003 Charter Review Committee. F` The purpose of the Committee will be to review the existing Charter and maize recommendations ? to the Commission'for any revisions. The last Charter Review Committee met in 199B.", { i Please consider this letter of introduction as an expression of my interest in ' exploring volunteering opportunities 'at The City of Clearwater. I am enclosing herewith a copy of my resume for your review. My experiences include a wide range of industry exposure, computer knowledge and strong quantitative method techniques. If you have any questions, please Feel free to contact me at (H) 727-466-0823. Your consideration of my application is appreciated. Thank you. Sincerely Yours, Emilio J. Correac Emilio J. Correa j • Thursday, October 24, 2062 6:5:3 AM To, Cynthla E. Goudeau From: Emilio Correa, Pape: 9'of 3 Nume: E.111ilio Correll compally: Voice Number: 466-0823 Fax Number: 1218 Grave Suet Cleanvlller,'Florida 33755 ' i Date: Thursday, October 24, 2002 Total Pages: 3 Subject: 2003 Charter Review Committee Name: Cynthia E. Goudeau Company: The City of Clearwater ' . Voice Number: t Fax Number: 562-4056 c Your consideration to this matter is apperciated. Thanks. CITY OF CLEARWATER -APPLICATION FOR ADVISORY (must be Clearwater resident) Name: Home Address: Office Address: ,. _ C f .....51 zip 3? *),V?l -zip -Telephone:,? Telephone: S s" - S-? U G How long a resident of Clearwater? 26 k 'zyv-. Occupation: i t?-& ; t acj??: Employer: A?„?14- tsl / Field of Education: Other Work Experience: Loti- -I If retired, former occupation: Community Activities: /r'lt s'r AX';14'7-€? ?cr'ua-«? ?'?` y; • 1d V-S1-7G ee.;W-0; 01' 'Other Interests:_ /w-s% p/ - ;:A.C-sitJ.-t?.? i ("C' y????) Board Service (current and past): Board Preference: ,44 Additional Comments: Signed:/ -t- 44, Date: i< X_ See a6ac6d list for boards that require Financial Disclosure at time of appointment, Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue BOARD QUESTIONNAIRE t. What is your understanding of the board's duties and responsibilities? To review the City of Clearwater 's Charter andmake .recommendations for changes to the City Commission for their review and/or inclusion ina,.public election 2. Have you ever observed a board,meeting either in person or on C-View, the City's TV station? have witnessed both in person and on C-View City Planning Committee and City, Commission meetin s. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? My_ background, which I believe, qualifies me to serve as a member of this Board Includes, serving as PTA Vice President of Plumb Elementary for one year and as President for two ears. I am currently President and a Foundin Member of Clearwater's Ye Mystic Krewe of the Santa Margarita in which the Mayor and two Commissioners are members. 4. Why do you want to serve on this Board? The ince tion of the Ye Mystic Krewe of the Santa-Margarita was based on serving jbe City of Clearwater In many capacities. Actively being involved, as many of our members are. in Clearwater's planning and organization is the Krewe's tors priority and mine as well. It is the heartbeat and mainstay of the Krewe's existence. It seems only fitting that I. as the organization's Founder and President that I serve in this capacity-at the very least. Name: Jeffery J. Dipolito Board Name: Charter Review Committee j,. I {2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: John' Doran Home Address: Office Address: 65 Verbena 'Street 59 Baymont Street CLEARWAT FL ZIP 33267 (`r.r•.APWAITRR Fr. ZIP 3376,? Telephone: 442-9855 Telephone: 447-9579 (641-7515„cell). How long a resident of Clearwater? since 1983 Occupation: Attorney/CPA/Realtor 1 Employer: self Field of Education: BS Accountin ; MBA FinanceLManagement- Law (JD) Other Work Experience: 2 years US Army; 2 years Big 8 accounting. firm; 7t years developing/operatiny_food/ beverage establishments If retired, former occupation: n/a Community Activities: OF_fi cPrlrli rr?[?1-nr t!1 aarz,Jatar Pp;;nh Accru-+i at i nn mned- of t-i ma, qj ?ra 1 AR A;- ,1full term on Clearwater Civil Service Board; director of Clearwater Beach Chamber 1996- i 1 ter Community Development Board 2002-; member Coaltion of Homeowners e ` nterestsa ety Board Service (currenT a?ic??i 7F Beachfest; C? f NjAgical Society Civil Service Board (past) Community :Develo2e t Board (current) Additional Comments: Ift i?? Date: ?0 Signed: See attached lis for boards that require Financial Disclosure at time of appointment. Please return this application - & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue BOARD QUESTIONNAIRE 1. What Is your understanding of the board's duties and responsibilities? to review the City Charter f4;C-thQ i f v oi' .1 ea ter and _m e ?pc.,?.,n endations for changes to the Charter 2. Have you ever observed a board meeting either In person or on C-View, the City's N• station? 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? nearly 20 years of involvement in the civic and political process education and professional experience civic interest 4. Why do you want to serve on this Board? Because the Charter is the foundation for and sets the limits on what Clearwater will be Name: /. r Jp, 1 d11??G"L Board Name: 'Garter Review Committee Name: (must be Clearwater resident) •%YA CITY OF CLEARWATER - APPLICATION FOR A?WS 1 ?` I c,? • l= I CT t. i tzs L ! Home Address: lT7" L/? ??!! (21Xt .cal'. Z-ni /ZGLJ?T 1 L' lam. ! Imo- ZIP _ /lc f Telephone: ?Jooe OfficJet Address: OFF f f' i ,?/'• /c? ... Zip Telephone: How long a resident of Clearwater? T' i 5,41el i "e.,L ? Occupation: A-14C-OAff l,Z?r???.i Employer: Field of Education: 1?ts"r C- ?C'r b & t '', -_ 1A/ Other Work Experience: If retired, former occupation:, D etX7- Community s' G??/rc`!? ??r •[?, , Activities.-..- MIII? 4 LG uC' Gti°?l C:. IC'r l G/fh?r 1 LlIN / /Y1L.??iC? L f 1s el v;- y fC'Hci'-/S ' r ?4?? ?? ?ct?.,Z?-rt' ?? c '.??'`a?L:? Other Interests:72- /.S -Cz-oc: Board Service (current and past): Board Preference: Additional Comments: JA Date: See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue BOARD QUESTIONNAIRE 1. What Is your understanding of the board's duties and responsibilities? Y TO ;V ._5 W ti c'.,.--- ?? 1 U ?? ri ?? C S.? mil ?'r? 'y G /tI • j? e? 2. Have you ever observed aboard meeting either in person or on C-View, the City's TV station? A1d 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? rr? ZA/_ 1`., 2 Yee f.. . ?,.? .? -1? f?; ? 1 ?• 1 J ???? ? ??r C?'i,?i?,f??? ii,?,._?-!'•c:r%?r?r?1.?i'T?? 4. Why do you want to serve on this Board? 1k'.S7' 7/- --j. C??t?lrrl. i7 vS'1 .I.. _r < .:) c" CIO, 7 -ce - . ?i?ti?'?"' (_'cr?=11c'k'i.1:rc!s-'-?--? •?'??..iCr?%? :1' Gc`rCc.?.'? ?-i(?',..i 4 57CIJ%D- Lip'!/ Name: Board Name: Charter Review Committee PERSONAL DATA SIJEET Melody Wordsworth Figurski .2975 Engle Estates Circle West Clearwater, Florida 33761 727-797-0087 Email: bucfan00@tamnabay.rr.com Education Kent State Univ_ersi!y, Kent, Ohio - B.S. in Business Administration, 1965; postgraduate work in business education, 1967-70. St. Petersburg Jr. College, Clearwater, Florida - Courses in education & real estate, 1976. Professional Experience Pinellas Cotin School System , Clearwater, FL, 1976-82 - taught Business English at Clearwater Adult Evening High School and an on-site course for the Pinellas Supervisor of Elections office. Kent State University, Canton, OH, 1972-75 - taught typing & shorthand in community college. Akron Institute of Medical-Dental Assistants, Akron, Off, 1970-72 - taught typing, shorthand, filing, and human behavior. The B.F.Goodrich Cornpany, Akron, Off, 1966-69 - Human Resources - interviewed & tested clerical and temporary employees and headed up secretarial recruitment program in local high schools - executive secretarial positions in international, consumer products, and personnel divisions. The Austin Company, Cleveland His., 014, 1965-66 - executive secretary to advertising manager. Community Activities junior League of Clearwater-Dunedin, 1978-present - President, Vice President, Recording Secretary, Membership Development, chairman of Child Abuse Prevention Project which developed the Time Out Homes; began Mini Grant program and initiated merger with Dunedin Junior Service League and purchase of a League headquarters in downtown Clearwater; Sustainer repre- sentative to active board and Sustainer Nominating chairman. Upper Pinellas Association for Retarded Citizens (UPARC), 1979-present - Foundation Board of Directors (President-Elect, Secretary, chairman of Special Events, Donor Society, By-laws, and membership); Agency Board of Directors (Human Resources, Parent Representative, Tarpon facility, and Elder Care Homes committees); Advocare Trust founding board. American Cancer Society -Susan Komen Race for the Cure, 2000.02; Cattle Baron's Ball, 2001; Cancer Luncheon committee, 1999; jail & Bail, 1995. Morton Plant Mease Foundation -Toast to Life committee, 1999; 'roast to Life Co-Chair, 2003. Pinellas Count Schools - Chairman of fund raising for Countryside High School's senior party, 1993- 94; Countryside High School Tennis Booster Club treasurer, 1991-94; various School Advisory Councils & PTAs in both traditional and special education schools, 1979-94. Personal Data Sheet Melody Wordsworth Figurski ,Page 2 Countryside Country Clu - member of the club Board of Governors, 1997-2000, vice chairman 2000; club charity tournament, 1988-present (chair 1989, 90, 93, 96, & 2001); assistant coach for Florida USIA youth league, 1992 (team won state championship); member of inter-club tennis leagues, 1986-98 (captained 1990 & 95 teams to county championships); two terms as member of tennis committee; member ofathlctic facility committee; secretary of ladies' golf committee, Espiritu Santo Catholic Church - Parish Growth committee, 1993-94. Florida District V Human Rights Advocacy. Committee, 1985-87. Teddy Bear Picnic Board (fund raising arm of Family Service Center's Time Out Flomes), 1986. General Telephone Community Advisory Board, 1986-87. lvey's Consumer Board, 1988-89. Pinellas Task Force for the Prevention of Child Abuse 1979-81. Clearwater Delta Gamma Alumnae, 1975-present '- publicity chairman, 1987-88; vice president, 80-81. Awards & Honors Tampa Bay Buccaneers Ultimate Fan Award - 2000; installed in Football Hall of Fame's Hall of Fans in Canton, Ohio Marion P. Smith Award, 1999 -awarded by Clearwater Kiwanis for service to the developmentally delayed. Mrs. Coun side 1997 - awarded by the Clearwater East and Countryside Rotary Clubs. Countryside Country _Club Magnificent Member Award, 1997. Leadership Pinellas, member of 1996-97 class. Oxford Award of Delta Gamma, 1995. This award is given for community involvement and leadership; only 8 alumnae nationally received the award in 1995. t. Name: Home Address: lssD R / oG6 Wadp S Ltk) k ,,II r, z; 337s? Telephone: 7q4 ` 3sy -? How long a resident of Clearwater? Occupation: Field of Education: If retired, former occupation: Activities: -?- Office Address: zip--- -- - Telephone: /7&q Employer: Other Work Experience: y6'c) 44 --- ------- - -- ------ - - -- ----- - Yy / g7- 8' U c 5-0.e- 1 Other Interests: Board Service (current and past): Board Preference, Additional Comments: Date: See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) . 7 65 G- y BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 2. Have you ever observed a board meeting either in person or on C-View, the City's N station? 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? A Name: Board Name: d. Why do you want to serve on this Board? t _ T r .I-) Rita Garvey 1550 Ridgewood Street k Clearwater, Florida 33755 USA Phone 727-446-3845 Fax 727446-8225 E-mail tw,g<nrvey g cartlilink.net Personal Data: Born in Minnesota Resident of Clearwater, Florida since 1969 Married to Timothy Garvey and mother of three children Education: B. A. Degree in Sociology,, University of Minnesota Community Involvement: Mayor of Clearwater 1987-1999 Clearwater City Conirmssione'r 1980-1986 Clearwater Sister Cities President 2000 Clearwater Sister Cities Coordinator 1980 --1997 - . Association of Sister Cities of Florida, Inc. - President 1998- The Friendship Force of Florida Suncoast - President 2000 Community Pride Board Member,- 1998- ' Paint Your Heart Out Clearwater -1990 - ( President) Greater Clearwater Public Library, Foundation = Vice?President 2000 Friends'of Clearwater Library = Board Member Partners in Self Sufficiency Board -1985 Florida,2012 Olympic Board of Directors Leaiue of Women Voters Chamber of Commerce American Association of University Women - (President 1978-80) Tampa Bay. Estuary Program Policy Board -1985-1999 Florida Education & Employment Council for Women & Girls NAACP - Life Member Clearwater Sister Cities, Inc, - Life Member Marine Science Center - Life Member Marine Science'Center Auxiliary - Life Member Clearwater Historical Society - Life Member (Charter Member) Awards 1996 - Woman of Distinction - Suncoast Girl Scout Council 1996 - Region IV. Head Start Humanitarian Award 1994 - Honorary Kiwanian 1992 - Career Woman of the Year Award - Gayfers Career Club 1990 - Woman of the Year Award - Clearwater Business & Professional Women's Club 1990 - Brotherhood Award - Sepia 1989 - Outstanding Citizen Award - Florida Library Association 1987 - Good Government Award - Clearwater Jaycees 1983 - Susan B.'Anthony Award - NOW 1980 - Women Honoring Women Award for Community Service - Soroptimist 1979 - Outstanding Women of die Year - Clearwater Jaycettes f . , I r Mta Garvey 1550 Ridgcwood Strcct rr G7earwatcr, FL 33755 N O V + Tie October 31,I 2002 ' . „ Cyndie Goudeau r; 'City Clerk Official Records & Legislative Services ' :;.... I P.O: Box 4748 i ' Clearwater, FL 33757 ?. ;f. Dear Ms. Goudeau, I am very interested in serving on the 2003 Charter Review Committee. I F believe my community involved'and previous government experience will :• add a great deal to the perspective of the review of the charter . Sincerely, Rita Garvey M. ' IY. { i ?'.¢x?A.Pd.iN>Wv)' . •. ,. _ __._ ...VM4l+iJ,i,l,r, IFx+,Y.a .. ., .?- , -.. . w.••s• ,.i« sci x ......... _.. .. .Y?YW..Yi CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: ! it S'e Home Address: Zip.' Telephone: 17 7) ?G- 06 3 How long a resident of Clearwater? Occupation: Field of Education: .La6t) Offi a Addr ss: t1, el-XI, zip 3? Telephone: Employer: A 9r, Other Work Experience: If retired, former occupation: Community Activities e. I Other Interests:_ .- -'7??'? f?r2'- .-__ - s___-- _--. _ _ ... -. Board Service (current and past): Board Preference: Additional Comments: Signed: Date: /U a See-attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor,. 112 S. Osceola Avenue BOARD QUESTIONNAIRE I . What is your understanding of the board's duties and responsibilities? r? f iM• /•-JL.f! Lit-•JU't / , r 1 2. Have you ever observed a board meeting either In person or on C-View, the City's TV. station? 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? .? A/Z 4. Why do you want to serve on this Board? Name: Board Name: Charter Review Committee 11-- Jh.a .1 3 ?Yi.? !1 JOHNSON, BLAKFI.Y.' 10111-, 130KOR. RUf1111:1, l31jkN5, 11,A. ATTORNEYS ANi),t•QUNSI:LLuRS Al LAW E. D. ARNts,rR ONO III COI.t.laiN N1. FIANN MIC'IIAEL 0 1,11111, UARRYI. R, RIC•IIARDS JOHN T.13LAKLLY NIARI()N IIALI3 hIICIIAfTI. (: MARKIIAM 1'1:'11?!! A. It[VIi1,IN[ BRUCE IL 150KUR SCOI`I' C ILGENFRITZ STIiP11ANIF T. MARQUAR] T DENNIS O. ItUPpEl'• JO1IN R. BONNER, Sit. FRANK R JAKI:S l_ACIIARY (7 NWNSA CI MIMES A SAMARKOS GUY M. BURNS 71hMOTITY A, JOHNSON, JR. A It ••CIIAR1.11"' NLAI. P11EL11' JONATHAN S, COLEMAN SIIAItON E. KRICK P" WALLACE: I'01'L, lit, JOAN M. M. . SI SITATA5IE1'E1iN EE MICHAEL T, CRONIN ROGER A. LARSON. ROHERTV PUI"TI?R, JR. SI1iVEN H. W11MR11ROVIt ELIZABETH J. DANIELS J014N R, LAWSON. JR' TROT' J I'ERI3111: IOSI?PII J. WHISSMAN BECKY FERRELI.-ANTON LFANNE LET'I7_r AUDREY H RAUCHWAY ?OF COUNSIi[. PLEASE REPLY TO CLEARWATER TO; FILE NO, November 1, 2002 1 j P. fESS ! • .. _.! ,.. 1 ATTORNEY Mayor Brian J. Aungst, Sr.' City, of Clearwater City Hall P.O. Box 4748' ' Clearwater, FL 33758-4748 Dear Mayor Aungst: ; Pursuant to instructions from Timothy A. Johnson, Jr, enclosed please find a City of Clearwater --- Application for Advisory Boards. If you have questions or comments, please call Tim Johnson at 727-461-1818, ext. 123. Thank you. Very truly yours, - r 3 E Linda Cunningham Secretary to Timothy A. Johnson, Jr: , CLEARWATER OFFICI: ' TAMPA OFFICE 911 CHESTNUT ST POST OFFICE BOX 1363 104 N. TAAi1 ST. 1 SUITE 1100 •CLEARWATER. FLORIDA 33757-1366 POST OFFICE BOX 1144 ? TELEPIIONF.: (727) 441.13111 ' TAMPA, FLORIDA 33601-1100 TELECOPIER: (727) 4624765 TUCI'IIONIS' (1113) 225.25W f T1iL000PIER• (1113) 223.7113 1 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARD, (must be Clearwater resident) Name:_. Q I/` 1_-e. go, Home Address: 19,-Y7 SeVe.f 0 Ps. 1 Telephone: How long a resident of Clearwater? Occupation: 9-:4' -0 c1?-j v? Field of Education: a -? , Z C) Office Address: -7 7 7.s;5 L ?P ?a? r zip 3-33 Telephone: Employer: !S Other Worts Experience: t1i[ ? .. BPS If retired, former occupation: Community Activities: T-'Aalu?' ? e a 0 ? I1? Aktz, ether Interests:_ - - - -- - - C { ?t ?- 1'. - V0 I .- -- - - - _. U ` -- Board Service (current and past): Board Preference: Additional Comments: Signed:;, Date: C 10 See atta hed I' for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. 0. Box 4748, Clearwater, FL 33758.4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue Ij BOARD QUESTIONNAIRE 1.. 'What is your understanding of the board's duties and responsibilities? rr 2. Have you ever observed a board meeting either in person or on C-View; the City's TV station?. r i i Name?- _?( Board Name; t '? C?Cp C_. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? 4. Why do you want to serve on this Board? I T Y O F C LEARWA'T`E R ?. POST OFFicE Box 4748, CLEARwATEa, FI.owDA 33756-4748 .?r CITY FlAu., 112 SoLmj 05crou? A%T,4UE, CLraxwAn- FLORIDA 33756 TEL man (727) 562-4090 FAx (727) 562-4086, DEPARTMENT OF THE CITY CLEPX November 22,"2002 Ms. Joanie Sigal ' Monitor Fund Advisor " 33 North Garden Avenue, Suite 770. ' Clearwater, FL 33755-6611 , Dear Ms. Sigal: ter' Your letter. applying to the Charter Review Committee has been received. I am enclosing an application and board questionnaire for you to fill out and return to: Official Records & Legislative Services P.O. Box 4748 Clearwater, FL 33758-4748 , If you have any questions, please call me at 562-4096. Very truly yours, Sue. Diana Assistant City Clerk Enclosures "EQUAL Emnoy ENTAND Ar- t%NtATlvi:'AaiON I-SWI.C IM" s!Y:d...+Sll.i.}11du.L$?'R.w...+.,-;^ ... .. .... ....':f'..?.;..,..w..e,.__..__r.r_:_., _:,a._u ,'... :?,. ..? bv.t.+:. vn.}.. ...r_.. .. .. •. ,., s..t,,tx.i'..a.4 e'.sl..t.•,l.'3::x.. ...'4ih? I Cc . CHURCH OF SCIENTOLOGY FLAG SERVICE ORGAN,I:ATION ' Off ice of Speciat Af fairs' November 27, 2002 :. Official Records & Legislative Services: City of Clearwater P.O.,Box 4748 Clearwater, FL 33758•-4748 Dear Official Records, ; RE: CHARTER REVIEW COMMITTEE •I would like to be considered for the 2003 'Charter Review Committee. ` I have enclosed my resume for'your review. 'Sincerely, Mary Stoy Community Relationd- irector Church of Scientology ' ?tir L •' • G •`?'' ys ,?•.. .v .' ? ? ' 503 Cleveland StrecG ClerirulnLcr, FL 33755 Tel.: 172-71 445-4338.0 NIX: 1727) 467=6875/6835. Wet?site: n?itt,scie?it??rup1q.ur?j i MARY S'T'ORY COMMUNITY RELATIONS DIRECTOR Church of Scientology Flag Service Organization, Inc 503.Cleveland Street, Clearwater, FL 33755 Mary Story is Director of Community Affairs for the Church of Scientology Flag Service Organization and oversees a wide range of community activities around Tampa Bay. Originally from New Zealand, Ms. Story has been a . Scientologist and Church staff member since 1970 working in a public relations capacity at Churches of-Scientology in New Zealand, Denmark,'England and Florida. Ms. Story became an ordained-minister'in'1975 and has been a member of the board of the Church of Scientology Flag Service Organization and is currently the Vice President.' In 1995 Ms. Story assumed responsibility for community public relations here in Clearwater. Under her direction, the Church has launched community affairs programs in the .Tampa..Bay area. These include annual community programs such as the Winter Wonderland Charity Drive, Christmas Party for ; the Pinellas County Foster Children, Say NO to Drugs Race,. and Easter Egg Hunts. Ms. Story has also formed up Boy Scout and Girl Scout troops that the'Church sponsors. Under Ms., Story church volunteers have formed•up who help with downtown events by doing concerts, art exhibitions and story- telling. Ms.' Story regularly takes the Scientology youth out in the community doing cleanups and plantings to teach them,about environmental responsibility. Ms. Story is,a board member of the Bay 'Interfaith/Interagency Networking for Disaster group and a' board member of the Clearwater Marine Aquarium. She also 'sits on the Central Area Council of the Clearwater Chamber of Commerce and is on the Main Street Design,' Promotions and Economic Development Committees for the City of Clearwater. She is-also'on a Cultural Task Force for the Clearwater Arts Foundation. l1l."•1 .1 () 111)[121 Nam CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident)' x A 1,V. 7iF .4 of Home Address: 11?aN s21 -S7 44e w'A 7-ef-.* zip 9 3 7.59 Telephone: -2 a 7• 3 6<3 Office Address: 9R&C,:?r- 74- Ad ' -? • .3 7 Telephone: 7-77.7-2? 7ea How long a resident of Clearwater? 3 Yet -J' Occupation: 0,-a,1 J -7- A 7•r 15aCCV I ?X_ Employer: Sfy e ' 2&4,g e .>tiC Field of Education: Ca -& Other Work Experience: C?L"" /.5 - - .? -r F12 r7.4.W ~V r ?uT ? dA??s If retired, former occupation: Community Activities: (7A e yr C,MAt???e?-.ys Other Interests: eom rnu,v r-;?y A-0V j V eS-,*2,nM - .` Board Service (current and past):. 7-j x,=- , -?5 5,e - ?A-vr- &EDY ' fait/ Board Preference: .. 4 ,rr Additional Comments: 1jy z•/? ?l?F?.??t°?.?/?3"??.C/CJ1iG © 5r Pei- Celle-t5?e - Ca zpe" 424 Signed: .? Date: a See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hail, 2nd Floor, 112 S. Osceola Avenue BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 2. - Have you ever observed a board meeting either in person or on C-View, the City's TV. station? 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? A Mku ran a1n11 1*80nf fn 01Mnrc nn fhie Pnorrih Board Name. Charter Review Committee Name• L? CITY OF CLEAR'WATER Interdepartmental Correspondence TO: Mayor and Commissioners FROM: Cyndle Goudeau, City Clerk SUBJECT: Additional follow up from December 2, 2002 Work Session COPIES: William B. Horne, City Manager DATE: December. 4, 2002 • , Additional information is provided: Item #144 -- Pelican Walk Parking Garage Alternatives - the following list provides comparable parking space sizes Sfrom land development regulations) for other communities: Clearwater 9'x19' with 24' drive aisle Pinellas Count 9'x19' with 24' drive aisle Hillsborough Count 9'x18' with 24' drive aisle Pasco Count 9'x20' with 24' drive aisle Tampa 9'x18' with 26' drive aisle St. Petersburg 9'x19' with 24' drive aisle • ' E ' i ' i The garages checked have the same dimensions. Based on the 108' dimension on the site, the ' length would need to be reduced to 15' to get two double rows of 90 degree parking. This is 3 " not. recommended. There is flexibility with angle parking dimensions which can be used to maximize efficiency. Please note: Agenda for Thursday's commission meeting - Page 1, Presentation item 3b should be "Making a Difference" Award from Clearwater Neighborhood Housing Services.. e . u' t arwater u Interoffice Correslumdence Meet MEMORANDUM TO: Mayor and Commission VIA: Bill Horne, City Manager FROM: Ralph Stone, Assistant City Ma er COPIES: Garry Brumback, Assistant City Manager DATE: December 5, 2002 RE: Pelican Walk Parking Garage As directed at the last City Commission meeting, Administration has continued negotiations with the Pelican Walk property owner. We have also continued to seek out alternatives regarding the cost of the garage and the sources. of revenue to support the development of this facility. We are currently working on a framework for a 400-space parking garage that will be jointly financed by the City and the Pelican. Walk property owner. Under this framework, the property owner would construct the parking garage and the city would purchase 200 spaces in the facility in a condominium form of ownership. The total cost of.this project would be approximately $6,750,000 with the city's share being $3,375,000. The cost per space of this facility would be approximately $16,875 which includes hard construction (at $12,500 per space), soft costs at 15% of construction cost, land cost of $1,000,000 pro rated for the city's share of the spaces (i.e. approximately $2,500 per space), debt service at 6% over thirty years, and operating and maintenance costs of $585 per space. If the city applies $1,000,000 to the city's share, the amount financed would be approximately $2,375,000 and would result in annual costs,-including operation and maintenande, of approximately $280,375. In order to assure that the design and construction of the facility would withstand a beach environment and have a useful life of at least thirty years, the city would require review and approval of the construction specifications and would provide an on-site "owners representative" during construction. OTHER GARAGE ALTERNATIVES Attached to this memo is an analysis from Chance Management Advisors, Inc., regarding the costs and annual debt that would be required for the city to purchase, construct and operate four parking garages of differing sizes. As indicated, the total annual project debt would range from $448,723 for a 247- space garage to $740,300 for, a 427-space garage. These options all assume land cost at $1,000,000. REVENUE ALTERNATIVES Administration is evaluating a number of alternatives that are focused on the current proposal which would require the city to purchase 200 spaces in a 400- space garage. As described above, the annual cost for this proposal based on the assumptions defined previously would be $280,375 including annual operation and maintenance costs, Among the financing alternatives are the following: Special Assessment In order to finance the city's share of the garage, administration is evaluating a "special assessment district" in the Pelican Walk "parking trade area". This area would generally be from the Clearwater Beach Hotel on the north to the roundabout on the south and from the Beach on the west to the east half block fronting on Poinsettia on the east. The assessment would be adjusted each year depending on the revenue from the city's portion of the parking garage and would possibly be eliminated over time, if the facility became self-sustaining. Delay Beach Walk Construction The impact of constructing Beach Walk will result in reduced revenues to the parking system either in the form of "lost" parking spaces and/or replacement spaces that are more costly than the current surface lot spaces. The parking system is currently generating approximately $1,000,000 in net income each year. Currently the system has $3,000,000 in available funds that are earmarked at $1,000,000 for the North Beach garage and $2,000,000 for the South Beach garage. If Beach walk construction was delayed the $1,000,000 in net income would continue to be realized and could be applied to the Pelican Walk project. 2 1 Eliminate Jolley Trolley SubaLdy The Jolley . Trolley is currently subsidized by the parking system in the amount of approximately $257,000 annually, Elimination of this subsidy could be applied to the Pelican Walk garage. Peak Period Parking Rate Increase If parking rates for the "premium" beachfront lots were increased by fifty • ' cents per hour during the peak periods and usage remained steady, approximately $200,000 per year might be generated, "which could,be ' applied to the parking project. Millage Increase An increase of the general millage rate of one tenth of one mill would generate approximately $545,000 annually. Interest Earnings on Retained Earnings The parking system is currently earning approximately $80,000 annually on the $2,000,000 in retained earnings that have been set aside for the buyout of the Seashell site in 2006. These could,be applied until that time and may be available if the buyout is not triggered. RECOMMENDATION Administration recommends that the City Commission direct that negotiations continue with the Pelican Walk owner and that staff continue to refine financing alternatives. RESIsh Attachment 3 0, 1kowe .. *%&ANN* CHANCE ®? ®®? MANAGEMENT ADVISORS, INC. Pelican Walk Financials 3 December 2002 SCENARIO: CITY PROJECT Garage Spaces 247 337 400 427 Construction Costs @ $12,500 per Space [1) $ 3,087,500 $ 4,212,500 $ 5,000,000 $ 5,337,500 Soft Costs @ 15% of Construction Costs 121 $ 463,125 $ 631,875 $ . 750,000 $ 800,625 Land Cost of $1,000,000 [3) $ 1,000,000 $ 1,000,000 $ .. 1,000,000 $ .1,000,000 Total Project Costs $ 4,550,625 $ 5,844,375 ' $ 6,750,000 $ 7,138,125 Cost. Per Space [4)' $ 18,424 $ 17,342 . $ - ' 16,875 $ 16,717. Debt Serv ice @ 6%, 30 Years [5) $ (311,885) $ (400,554) $ - (462,623) $ (489,224) Operating Costs @ $554 or $588/space 161 $ (136,838) $ (186,698) $. (235,200) $ (251,076) TOTAL ANNUAL COSTS VI $ (448,723) $ (587,252) $. (697,823) $- (740,300) Total Project Costs w1 Land at $1,800,000 [8) $ 5,350,625 $ 6,644,375 $ 7,550,000 $ 7,938,125 Cost Per Space $ 21,662. $ 19,716 $ 18,875 $ 18,530 . TOTAL ANNUAL COSTS W/ HIGHER LAND $ (503,552) $ (642,082) $ (7520652) $ (795,129). SCENARIO: DEVELOPER PROJECT Total Protect Costs 191 Cost per Space $ 6,750,000 $ 7,138,125 $ 16,875 $ 16,717 City Portion of Protect Costs 11o) Less $1 m from Parking Fund Debt Service @ 6%, 30 Years Operating Costs $ 3,375,000 $ 3,343,384 $ 2,375,000 $ 2,343,384 $ (162,775) $ (160,6os) $ (117,600) $ (117,600) TOTAL ANNUAL COSTS FOR CITY [1q $ (280,375) $ (278,208) 'i . NOTES: (1) Garages of 247, 337, and 427 spaces are. from Parsons/Urbltran Design 12j Orlglnal pro formae used 10°x, as per City Instructions. Revised back to 15% on 3 December 2002 j3] Does not include development,rights' 141 Cost per space reduces as land cost is spread across more spaces' [5] Annual debt service; underwriters final calculations will differ '3 . [6] 'Cashiered"garage. Reduced from original, estimate of $849 annual costs due to reduced hours of off-peak operation. Smaller garages are calculated at lower operating costs. [7] Debt Service and Operating Costs [6] land plus development rights i [9] Smaller garages dropped due to Inadequate size for developer and City. Includes only $1 million for land. ` [10) Estimated condominium purchase price ' [11] Assumes no taxes for City; developer taxes would be based upon private spaces and portion of land. .F • , 1 :. • t F 1 ' ,yi?1?.^?^I71}•tY T.:i-•u,+... ... o .. • .r r ' : e a 'k 1 , kx.. I...t .. • '. ...... .+. r _r• k. ?V F La Clinica Guadalupana Good evening. My naive is Ricardo Morales, As a member of the Board of Directors, 1 am here today to provide you with some general information on the Clinics Guadalupana, a faith-based Catholic outreach clinic here in Clearwater. It has come to our attention thati the City of Clearwater would like to enhance the services and assistance to it's Hispanic population. The Clinica Guadalupana has been doing this since 1995. We are committed in helping the medical.needs of the growing Hispanic population by providing free medical services to those that cannot afford it. Rising costs of health insurance, medications, and low wages combine to make a difficult situation at times desperate. In the September 1, 2002, Clearwater Section of the St. Petersburg Times it reported an estimate of 50,000 uninsured poor people in Pinellas County.. Those who come to us for help have no health insurance provided by their place of employment. The cost of purchasing private medical insurance for themselves and their families is prohibitive. La Clinica Guadalupana was founded to help bridge this chasm. We serve the working poor who often hold two or three low paying jobs to support their families. They are not seeking a hand-out, but a helping hand to alleviate their medical needs. Although the Clinica services people, of all races and cultures, -around 95 percent of our patients are Hispanic from Mexico, Central, and South America, 5 J We are located at 1215 Drew Street right at the corner of Missouri and Drew. We are staffed by two paid employees and a host of volunteer physicians, nurses, and civilians. These folks normally work in their regular jobs during the day and staff the Clinica in the evenings. We also have volunteers that work during the day assisting patients and setting up appointments. Our physicians include general practitioners, internists, OB/GYN, and pediatrics. Our Clinica Director is Mrs. Peggy" Gray.' The Clinica is run just like any medical facility with patients given appointments depending on their medical needs and die Clinica's capability to provide them. We ask no questions except if they have medical insurance and some form of identification. Office visits with physicians and OB/GYN specialists are provided free. Diagnostic tests in hematology, ,urinalysis, and cytology are provided free. Medicines are provided free and are either purchased with donated funds or donated by Clearwater physicians. We often find that the high cost of drugs precludes many of our patients from purchasing the medications they must take in order to sustain a decent quality of life. Other free medical services provided include tuberculosis screening, school physicals, Pap smears, flu shots, nutrition counseling, and diabetic counseling. In addition, la Clinica tries to find free or discounted specialist care for those patients whose needs calls for more complex care, such as radiology or surgery. We frequently provide transportation and translating 'services and help them arrange for payment plans with other medical facilities when necessary. We do not receive any financial assistance from any govenunent agency, but do accept .donations from any.source: Some medical: supplies, medicines, medical equipment, and laboratory services are also donated to us. At this time we rely on the generosity of volunteer physicians and other medical „personnel,who add the hours they work at la Clinica to their busy days.' At times the constraint of time and limited medical staffing force us, to defer the treatment for patients.. =fr In order to provide the duality medical care and follow-up services demanded by our mission, statement and by the human dignity of those it is our privilege to serve,,we are constantly seeking to increase our volunteer medical staff and our hours of operation, Before I- close, I would like to invite all of you to visit the Clinica during any of the evening hours we are open. Arrangements may be made by calling me at,447-6384 or the ` ,, Clinica Director at 743-6534. Lastly, I can entertain any questions you may have. La Clittica Guadalttpatta January 1, 2002-December 5, 2002 Since 1995, La Clinica Gtradalupana has been dedicated to helping the alien among us in a faith based setting. We are grateful to all the volunteers who staff the clinic, and to Morton Plant Hospital which is a generous and, active partner in this outreach. We are supported by private donations and always stand in need of. funding and additional volunteers, particularly bilingual nurses.'Physicians need not be bilingual to volunteer. La Clinica Guadalupana opens its doors 2-4 evenings a week to treat patients who have no medical benefits or public assistance of any kind. Our on-site volunteer physicians include general practitioners, internists, pediatricians, and gynecologists. Approximately 98 per cent of our patients are of Hispanic origin. Most of our staff is bilingual, and translators are available for those who are'not. During the past year, over 1500 patients were cured for, with approximately 33 percent of those being new patients. During that. time, La Clinica provided over 2034 free prescription 'medications, and 1830 lab. tests, including blood' and urine tests, pregnancy tests; PAP, PSA, and TB screenings, and STD/HIV testing. In 2002, La Clinica initiated a new, program,. far the treatment of diabetes, which is prevalent among our Hispanic population. The Sugars for Life protocol includes nutrition counseling, educational materials, and provides glucometers so that the patient will have the ability to monitor his or her glucose, levels between ;visits. The last Thursday of the month is devoted to diabetes follow-up appointments. The patients are encouraged to take an active part in their health maintenance, including diet, exercise, and budgeting for the medications which are necessary to control this chronic disease. In addition to general medical services La Clinica also provides flu shots, school physicals, and access to free mammograms for patients over forty. For those patients whose health problems necessitate the intervention of a specialist, we will arrange appointments with physicians who treat our patients gratis, at a reduced rate, or with a payment plan. Some of these specialties include surgery, gastroenterology, dermatology, cardiology, urology, oncology, and opthalmolgy., Although we encourage self-reliance, we do all that we can to help our immigrant population acclimate to our community. Some of the services which are sometimes provided include translating, transportation, help with housing problems, and referrals to the appropriate agencies for those needing assistance which we are unable to provide. We are proud to have been one of the first to reach out to our growing Hispanic population and are grateful for the opportunity to inform you of our services. We welcome your interest and invite you to visit us at 1215 Drew St. If you have questions please call us at 743-6834 or 464-7730. Clearwater City Commission worksession Item tt: ar_ Agenda Cover Memorandum Final Agenda iten, # Meeting Date: 12105/02 SUBJECT/RECOMMENDATION: Approve the City of Clearwater FY 2001-2002 Consolidated Annual Performance and Evaluation Report. ? and that the appropriate officials. be authorized to execute same. SUMMARY: The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal administrative report documenting the City's expenditures of Community Development Block Grant and HOME Programs funds to the U. S. Department of Housing and Urban Development (HUD). It serves as the basis for program monitoring for compliance and for financial audits for activities conducted during the FY2001-02 as outlined in the Consolidated Action Plan for that program year. The report provides HUD with necessary information for the Department to meet its requirement to assess each grantee's ability to carry out relevant Community Planning Development (CPD) programs in compliance with all applicable rules and regulations. It provides information necessary for HUD's Annual Report to Congress and it provides grantees an opportunity to describe to citizens their successes in revitalizing deteriorated neighborhoods and in meeting objectives stipulated in their Consolidated Planning document. The City of Clearwater FY 2001-2002 CAPER contains information on the City's assessment of activities listed below: • Assessment of three to five year goals and objectives • Affirmatively Furthering Fair Housing • Affordable Housing • Continuum of Care • Leveraging Resources • Citizens Comments • Self-Evaluation Through the programs covered under the CAPER a total of 7,899 persons were assisted through Public Services, Public Facilities, Housing Rehabilitation and New Construction, Fair Housing and Economic Development. During this past fiscal year twelve (12) homes were rehabilitated and one new home was constructed through our CDBG and HOME Programs. Reviewed by: Legal NA Budget VAJ Purchasing A Risk Mgmt NA Info Srvc NA Public Works NAL DCM/ACM Other Originating Dept.: / 0 Eco. Development & HRfusini User Dept.: Housing Division VQ-- Total Submitted by: City Manager Printed on r Attachments: Budget & Expenditure Summary 13 None Costs Funding Source: Current FY CI _ OI' _ Other Ion Code: FY2001-2002 Consolidated Annual Performance & Evaluation Report (CAPER) Community Development Block Grant And. HOME Investment Partnership Programs Budget and Expenditure Summary Activity Budget Expenditures Demolition $ 20,000.00 $ - Relocation $ 18,000,00 $ - CDBG Program Administration* $ 384,181.00 $ 301,962.00 HOME Program Administration* $ 51,400.00 $ 51,400.00 Public Services. $ ' 192,660.00 $ 179,458;00 Public Facilities & Improvements $ 169,883.00 $ 152,377.00 CDBG Program Housing (Housing Pool) $ 433,819.00 $ 324,863,00 HOME Program Housing (Housing Pool) $ 185,500.00 $ 167,937.00 CDBG Economic Development $ 445,000.00 $ 178,296.00 ' Community Housing Development Org. (CHDO) $ 77,100.00 $ - . Rental. Housing Development - HOME $ 681,850.00 $ 270,014.00 Fair Housing - CDBG $ 31,000.00 $ 21,493.00 TOTAL** $ 2,690,393.00 $ 1,647,800.00 " The Program Administration Equals 16,2% of the Total Budget. CDBG Allows 20% of Al location for Program Administration and 20% of Program Income. HOME Al lows 10% of Allocation for Program Administration and 10% on Program Income. ** The difference between "Budget" and "Expenditures" is made up of such things as: Carryover Funds for Public Services, Public Facility projects being completed, the Homeless Emergency Project SRO & Thrift Store,. N. Greenwood Facade Improvement Project, Housing Pool Funds, and Fulton Apartments Rehabilitation. f E } i Prepared by the City of Clearwater Economic Development and Housing Department November 2002 CITY OF CLEARWATER, FLORIDA CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR FISCAL YEAR 2001-2002 EXECUTIVE SUMMARY The overall purpose of the federal Community Planning and Development programs as stated in Section 91 of the Housing and Community Development Act, as amended, (with programs funded through the. Community Development Block Grant (CDBG) Program and the HOME Investment Partnership (HOME) Program) is to develop viable urban communities by providing decent housing, a suitable living environment and expanding economic opportunitics principally for low to moderate income persons: The primary means toward this end is to extend and strengthen partnerships among all levels of government and' the private sector, including for profit and non-profit organizations in the production and operation of affordable housing and community development activities. Providing decent housing is one of the main purposes of these programs. Decent housing includes, retaining the existing housing stock by rehabilitating existing housing units, increasing the availability of permanent affordable housing by building new affordable rental and owner occupied units, providing down payment assistance and assisting homeless individuals and families. The second purpose includes increasing public services and public facilities to improve the safety and livability of neighborhoods as a suitable living environment. The third purpose. is to expand economic opportunities to low to moderate income individuals by creating or retaining jobs or creating and/or expanding businesses in the low to moderate income neighborhoods. The Consolidated Annual Performance and Evaluation Report (CAPER), is the principal administrative report to document how effective the City of Clearwater has been in expending CDBG and HOME funds towards meeting the objectives listed above. It serves as the basis for program monitoring for compliance and for financial audits. It provides HUD with necessary information to meet its requirement to assess each grantee's ability to carry out relevant Community Planning Development (CPD) programs in compliance with all applicable rules and regulations. It provides information necessary for HUD's Annual Report to the U. S. Congress and provides grantees an opportunity to describe to citizens their successes in revitalization deteriorated neighborhoods and meeting their objectives as stipulated in our Consolidated Plan. The City's FY2001-02 CAPER contains information on the City's assessment of activities as they relate to the five-year goals and objectives of the Consolidate Plan, efforts to affirmatively furthering fair housing, affordable housing, continuum of care, leveraging resources, citizens participation, and self-evaluation. 1, ASSESSMENT OF FIVE YEAR GOALS AND OBJECTIVES In July 2000, the City of Clearwater City Commission approved the FY 2000-05 Consolidated Plan for finding from the Community Development Block Grant Program (CDBG), HOME Investment Partnership Program (HOME), and State Housing Initiatives Partnership (SHIP) Program. In September 2000, the City's Consolidated Plan was approved by the United States Department of Housing and Urban Development (HUD). The five-year Consolidated Plan included three main key activities. They included the following: (1) providing decent, safe, and affordable housing; (2) increasing public services and facilities to improve the safety of the neighborhoods; and (3) expanding economic opportunities for low and moderate income people by creating or retaining jobs or creating and/or expanding businesses in low to moderate income neighborhoods. The City has identified five general strategies to provide affordable housing over the next five-year period. They are to provide decent, adequate and affordable housing in safe and desirable environments for (1) renters, (2) homeowners, (3) homebuyers, (4) homeless and (5) non-homeless with special needs. Rental Strategy The strategy for rental includes maintaining existing rental housing stock through rehabilitation, new construction, conversion, providing additional funding for acquisition/rehabilitation, and providing additional rental assistance to very low-income households so that housing costs, including utilities, do not exceed 30% of gross monthly income. A rental housing market analysis conducted by Pardue, Heid, Church, Smith and Waller showed a tightening rental housing market in Clearwater. In 1995 the vacancy rate was 3.8%. In 1997 the vacancy rate shrank to 2.1%. The tight rental housing supply is reflected in the amount the elderly pay for rent. The market analysis identified that 1,689 elderly rental households are paying more than 35% of their household income for rent. These households represent 44.6% of all elderly renters in Clearwater. The rental goal is to facilitate the renovation of four multifamily properties over the next five years. During the reporting period, the City of Clearwater allocated $770,000 in a combination of HOME, SHIP and non-grant funds to renovate the Fulton Street Apartments. The complex has 20 units and is owned by the City. Upon completion, the project, will serve low to moderate-income households. The project is schedule to be completed by the end of the year. In furthering the City's Rental strategy, the City provided. $700,000 in SHIP funds to assist in the renovation of Greenwood Apartments. Greenwood Apartments contain 192 multifamily housing units. The project included acquisition and renovation in the amount 2 of approximately $14.2 million dollars. Tile project is estimated to be completed in the Spring of 2003. The City set aside $150,000 in HOME fiends to construct an eight-unit single room occupancy (SRO) apartment building far Homeless Emergency Project. This project is currently in the design stage and awaiting environmental clearance. The project is scheduled for cornplction during the next reporting period. The City also allocated $50,000 in HOME fiends to the Community Service Foundation to purchase and rehabilitate four rental units that. would provide housing for low to modcrate-income families. The agency was unable to reach its goal due to excessive high price for rental housing units in the area. Housine Strategies The City of Clearwater implemented three basic strategies for assisting in the provision of decent, safe and affordable housing. The strategies consist of homeowner rehabilitation, which includes emergency repairs and disabled retrofitting, down payment and closing cost assistance for homebuyers and acquisition/rehabilitation/new construction. In the FY 2000-01 funding year, the City of Clearwater implemented its "Subrecipient Housing Pool". Funds in the Housing Pool were used for down payment, closing cost assistance, rehabilitation and new construction. Primarily SHIP and HOME monies fund the Housing Pool. Participants in the Housing Pool may draw upon these funds for eligible activities. For larger developments, a non-profit and/or for-profit may be allocated fiends in a line of credit format. This allows for the development of small infill projects as well as the acquisition of several single existing units for rehabilitation and resale. Clearvater's Economic Development and Housing Department - Housing Division oversees the activities of its subrecipient participants and administers a rehabilitation and emergency repair program using CDBG, HOME and SHIP funds. The City made available a total $1,064,232 for housing related activities in the housing pool. This amount is comprised of $94,153 from CDBG funds, $185,000 in HOME funds, and $784,579 in SHIP funds. During the SHIP fiscal year, it was reported that the total value of all units assisted was $7,702,602. This amount was comprised from $948,098 in SH1P funds expended, $1,766,700 in other public funds expended, $4,310,481 in private fiends and $577,322 in owner's equity. These expenditures resulted in housing assistance being provided to 96 families in which 32 were very low income, 60 were low income and 4 were considered moderate income. 3 Homeowner Strategies The strategies for homeownership activities are listed as follows: (l) bring housing up to standard and modernize when possible, (2) remove architectural barriers, (3) demolish units that prove economically infeasible to rehabilitate and provide relocation benefits, (4) ensuring housing costs are in the general range of 30% of household income, and (5) promote energy efficiency and prevent loss of homes. The five year goal is to renovate 100+ housing units through the Homeowner Rehabilitation Program, complete 25+ emergency repairs through the Emergency Repair program, and retro-fit 25+ homes to make them more assessable for physically challenged individuals through the Disabled Retrofitting Program.. Twenty-eight percent of the housing units in Clearwater are over 30 years of age. To assist homeowners who need rehabilitation, the City offers loans through the Housing Division and through the approved housing non-profits participating in the Housing Pool. The loans are available to owner-occupied households with incomes that are very low, low, or moderate income. In FY 2000-01; the City made twelve rehabilitation loans with CDBG funds. Of the twelve loan made, six were made to families with low income and six were made to- families with very low income. This. activity resulted in expenditures in the amount of $245,300. Homebu er Strategy The strategies for homebuyers include providing housing counseling programs, financial assistance to very low, low and moderate-income households with down payment and closing costs. Other strategies include providing a means to finance the cost of rehabilitation as part of acquisition, providing additional housing units, affordable to very low and low-income households, upgrading neighborhoods and encouraging activities to promote safe neighborhoods. A priority needs study identified the cost burden for owner households with cost burdens greater than 30% as a medium level priority for households below 50% of area median income. It also shows a high priority of needs for households with a cost burden greater than 50% whose income is between 51-80% of area median. According to the figures put out by the Pinellas County Housing Finance Authority 2002 Band Study, the' median sales value for existing and new homes in the county were $129,962 and $179,479, respectively. At these costs, it is very hard to find affordable housing in the city limits. Households who are considered very low or low would not be able find it almost impossible to obtain housing without some form of subsidy. Some 4 moderate-income households would be able to afford a home provided they had good credit, The hive-year goal for honiebuyers calls for assisting 50+ honiebuyers per year with down payment and closing costs assistance and assisting 1004- honiebuyers to receive educational services about purchasing a home. The City offers several programs that help make liousing more affordable to low and moderate-income homebuycrs. The City's Home Ownership Program will lend funds to purchase land; provide down payment assistance, pay impact fees, disposition costs, closing costs and build new homes for income eligible home buyers. Funds in this program are also available to approved non-profit agencies financing their clients home ownership needs. These agencies include Clearwater Neighborhood Housing Services, Inc., Community Service Foundation, Habitat for Humanity and Tampa Bay Community Development Corporation. The funds will also be leveraged against private sector financing to provide affordable housing. In addition to loans, housing counseling services were provided by three of the City's housing subrecipients. They include Clearwater Neighborhood Housing Services, hic. who administers a "Fast Track Housing Counseling" Program, Tampa Bay Community Development Corporation (TBCDC) who administers a "Home Buyers Club", and Community Services, Foundation (CSF) who administers a Neighbor's Housing Counseling Program. Funding in the amount of $44,050 was provided for the TBCDC and $20,000 for CSF through the SHIP Program. The City funded Clearwater Neighborhood Housing Services, Inc. -- Hispanic Outreach Housing Counseling Program that they conducted in partnership - with the UNO Federation, Inc. Over 538 individuals/families took part in the counseling services during the reporting period. Homeless Strategy The Pinellas County Coalition for the Homeless has estimated that there are 3200 homeless individuals in Pinellas County on any given day. They estimate that 77% are non-elderly adults aged 18 to 59 years of age. In addition, they stated that 21% are children under the age of 18, 51 % are single adult males, and 16% are females. The Coalition further announced that 39% of the homeless have chronic or serious alcohol and/or drug abuse problems. Twenty-five percent present conditions of acute or chronic' mental illness and 45% have additional illnesses such as IJIV or AIDS or other serious illnesses. Other issues that lead to homelessness include unemployment, lack of affordable housing, lack of transportation, and physical and emotional abuse. Strategies for the homeless included developing programs that meet the emergency housing and supportive service needs of the homeless, including special sub-populations and the street homeless. Other strategies include preventing low-income individuals and 5 families with children from becoming homeless and developing programs to help the homeless make the transition to permanent housing and independent living. The five-year goals established in the Consolidated Plan state that the City would continue to work with providers of homeless services quid provide funding on a project- by-project basis to increase the number of transitional housing units for both adults and youth. Funding for the operation of homeless programs will be given priority when determining funding priorities for social services and public facilities. The City provided CDBG funding to two agencies assisting the homeless in FY 2001- 2002. The Mustard Seed's - "Turning Point" program received $14,700 to cover administrative costs. The Turning Point is an inebriate receiving center that provides a safe haven for both walk in clientele and those who are picked up by law enforcement and other agencies. The program provides food, temporary shelter, and counseling. ARcr an initial assessment, clients are placed in longer term housing and assisted in finding a job and arc provided other services as necessary. The program assisted 11$ individuals out of its goal of 199. The City also funded the Clearwater Homeless Intervention Program (CHIP) in the amount of $50,801 for operational support for a program which provides temporary shelter, food and clothing. The agency's goal projected to house 1062 homeless individuals but exceeded the projection and assisted 1,200 individuals during the reporting period. The program requires participants to seek and retain employment and receive counseling. Upon stabilization, clients are moved into transitional housing. The Homeless Emergency Project (HEP) received funding in the amount of $150,000 to build an eight unit SRO apartment building for homeless individuals. The project is in the design phase and will be scheduled for completion during the next reporting period. In addition to short and long-term housing for the homeless, the HEP provides job placement, medical, dental and psychological counseling. A total of $28,500 was provided to Religious Community Services - Grace House to renovate their facility that provides transitional housing for homeless families. In addition to shelter the agency provides food, and other material necessities for an eight-week period. Each family receives case management services, tutoring for children, and medical and mental health care on site. 'The agency set a goal of providing housing to 340 families during the reporting period, but actually provided services to 917 families. In all a total of $244,001 was allocated to Homeless needs in FY 2001-2002. This allocation has resulted in 2,731 homeless individual/families being provided a place to live and get back on their feet. G Non-Homeless Strateav In 1.991 the Area Agency on Aging conducted a service needs asscssillent to deterilline which services were identified as most needed by seniors. Transportation for shopping and medical appointments was reported as most needed. Following these two top categories were information about services and programs, home delivered meals, help in getting legal advice and house cleaning. The ability to provide in-home and community services to seniors positively impacts their ability to live independently in the housing environment of their choice. Since the elderly arc no longer able to perform the more strenuous chores for themselves and may lack the finances to hire help, homes become a health and fire hazard. By providing these services, the elderly may live independently longer. The strategy for housing and supportive services for non-homelcss persons with special needs (the elderly, frail elderly, severe mental illness, developmentally disabled, physically disabled, alcohol/other drug addiction and/or person with HIV/AIDS) include upgrading existing and/or providing additional supportive housing and services. In addition, the City will assist programs that provide services to marginally mentally disabled residents with basic life skill programs to assist them in becoming self-sufficient. The creation of self-sufficiency programs geared toward the specific challenges such as attention deficit disorder, anger control and completion of education may accomplish this objective. Other programs the City will address over the next five years include the following: • Programs to assist those entering the work force, such as corporate mentoring, affordable childcare and transportation, and private sector mentoring programs. • Programs to strengthen small businesses such as micro-lending programs, and other small business support. • Programs for older teens, including after school programs, programs to assist in encouraging them to stay in school, transitional living facilities for homeless youth, street outreach programs, and maternity services. CDBG funds were provided in the amount of $29,773 to Pinellas Opportunity Council to administer their "Chore Services" Program. Through this program various chore services were provided to thirty-six elderly, frail elderly, developnlentally.disabled and physically disabled individuals to assist them in remaining in their home and not being placed in a nursing home. 7 ?R??; .gip: ? •_• •1 •• ? ? _.?____, ? .. ?. . NON-HOUSING OBJECTIVES The City also listed other non-housing objectives in its five-year strategy. They include eliminating slum and blighting influences, eliminating conditions which arc detrimental to health, safety, and public welfare, the reduction of the isolation of income groups within the community, the alleviation of physical and economic distress through the stimulation of private investment, and the establishment, stabilization and expansion of small businesses. To encourage ' some of the activities over the next five years the City will support activities that will: • Facilitate community and economic development within the North and South Greenwood and Downtown Areas • Assist not-for-profit agencies in . achieving goals uncovered in the citizen participation process. • Assist not-far-profit agencies in expanding their programs and/or relocating services to better serve the community. There are several non-housing factors that cause a blighting influence on communities. They range from vacant boarded structures to crime. During this reporting period the City acquired three vacant dilapidated structures with CDBG assistance. The structures will be demolished and made available for positive low to moderate-income. activities. Two other structures were razed through the City's Brownsfield Program. NEIGHBORHOOD REVITALIZATION STRATEGY The City of Clearwater's Neighborhood Revitalization Strategy (NRS) is a component of the City's Five Year Consolidated Plan. The strategy is established to promote a flexible design in the City's allocation of funds provided by the U. S. Department of Housing and Urban Development (HUD) - Community Development Block Grant Program (CDBG) to promote innovative programs in economically disadvantaged areas of the City. The NRS provides for enhanced regulatory flexibility in the program requirements for providing CDBG funds for economic development, housing and public service activities. In terms of economic development relief, the strategy allows job creation or retention efforts relief by not requiring businesses to track the income of people hired or retained. Economic development activities carried out in the approved neighborhood revitalization are also exempt from the aggregate public benefit standards. 8 The relief for public service activities can be viewed in terms of the regulatory requirements that no more than 15°/0 of the total CDBG allocation can be used for public services activities. Undcr.this strategy, all public services oflercd within the subject neighborhoods and carried out as part of qualified projects by a Community Based Development Organization, (CBDO) are exempt from the public service cap of 15%. Therefore, the City will be able to offer a more intensive level of service to stimulate revitalization. It will also allow the City to address sonic of the urgent needs of the disadvantaged community by offering job training and other related economic development assistance. In the housing arena, the revitalization strategy will allow the City to track scattered site housing units as a single strategy. 'This will permit tile' City to provide housing opportunities to not only low to moderate-income families, but to other families who care between - 80-120% of area median income (AMD. This will increase the level of affordable housing units, and thereby raise the income level of the t.cighborhood and create a mixed-income community. The NRS, in Clearwater, includes 'two different neighborhoods. They include the North Greenwood Community and South Greenwood Community. They both have their own goals and objectives. The North Greenwood Neighborhood Revitalization Strategy Area has identified the following strategies to improve their neighborhood. They include the: • Elimination of the poor conditions of structures • Remediation of low-level contaminated sites • Reverse declining property values + Expanding business opportunities • Creation of new investment opportunities in the neighborhood • Increase new job training and placement opportunities • Reducing the unemployment rate • Empowering neighborhood residents to eliminate crime + Strengthen coordination of community organizations in the redevelopment effort. The South Greenwood Neighborhood Revitalization Strategy Area has the same general strategies of the North Greenwood Area. Tile South Greenwood area would like to see the following: • Additional educational opportunities of businesses • A new neighborhood training facility • A new childcare facility • Job training opportunities • A community library • New homes • Better social services 9 • Better collaboration of existing organizations • More' crime awareness programs.' The City has taken several steps over the years to address the strategies in the Neighborhood Revitalization Strategy. Steps included developing a flexible code enforcement program, purchasing and demolishing dilapidated buildings, working with local law enforcement to reduce crime, funding outreach programs and providing loans to small businesses..Other activities arc discussed throughout this document. In this reporting period tl;e city provided funding for several projects in the neighborhood revitalization strategy area. They include the following: 1. Greenwood Community Health Center ..........................$28,601 2. Religious Community Services - Grace House ..................28,500 3. Homeless Emergency Project - Thrift Store ...............:....200,000 4. Homeless Emergency Project -- SRO Apartments .............150,000 5. North Greenwood Fagade Improvement Program .............. 35,000 Total $442,101 Funding for these program assisted in meeting some of the strategies identified in the Neighborhood Revitalization Strategy. The monies provided to Greenwood Community Health Center were used to provide outreach and screening opportunities for lead based paint poisoning. This provided an employment opportunity and provided funds to strengthen the organization. The funds provided to Homeless Emergency Project enabled them to tear down the deteriorated structures and build new ones and reinvest in the community. The dollars provided to Homeless Emergency Project will generate approximately 1.2 million dollars of additional investments. The facade improvement program will provide enhancements to businesses located in the business direct on Martin Luther King Street. The enhancements will expand business opportunities. AFFIRMATIVELY FURTHERING FAIR HOUSING Until October 1999, the City of Clearwater had designated the Human Relations Department as the lead agency in affirmatively furthering fair housing and enforcing the local fair. housing ordinance. They investigated and enforced the fair housing laws and provided the administrative procedures which the City follows to enforce the fair housing laws, as well as to respond to any fair housing complaints received by the City. The City of Clearwater no longer directly enforces fair housing laws. Tile responsibility, was, assigned to Pinellas County Human Relations Department since their office investigates and makes recommendations on all fair housing issues for other areas of Pinellas County with the exception of the City of St, Petersburg. 10 Pinellas County Human Relations Dcpartment, through a collaboration with the City of Clearwater; City of St. Petersburg, City of Largo, and Pinellas County Community Development Department, completed a fair housing study for Pinellas County to test for differential treatment in rental housing. The study for Clearwater determined that of the 44 tests conducted in the City, 24 or 55% reported differential trcatmcnt. As a result of the study it was recommended that the following; steps be taken to improve the current situation: 1. In cases. where there is ovenvhelnling; evidence of differential treatment, a complaint against the housing provider should be filed with HUD and/or any similar local governing agency. 2. There should be aggressive education and.outreach efforts to both the housing providers and the general public. 3.' The Pinellas Partnership has the opportunity to retest properties that demonstrated "some type of differential treatment" for possible future enforcement effort. 4. All local government permitting agencies should implement an accessibility review process before permitting newly constructed multi-family dwellings. 5. Mandate Fair Housing training for any developer or builder receiving city or county funding. 6. Publish the results of the study. In addition to the Human Relations Department, the City is working with Clearwater Realtors through the Voluntary Affirmative Marketing Agreement Program (VAMAP) to further fair housing opportunities in real estate transactions. To further these efforts of the VAMAP, the Clearwater Board of Realtors enlisted the services of the Community Housing Resource Board to focus on the federal, state and local enforcement agencies, housing industry groups and volunteer community groups working together to promote fair housing practices. These efforts include the following: • Providing public information on fair housing. • Assessing community fair housing needs and identifying local problems and issues that impede equal housing opportunity. Evaluating performance and effectiveness of the VAMAP. Expanding minority involvement in the real estate industry. Expanding public awareness of housing opportunities in the community. • Developing cooperative solutions to problems associated with the implementation of the VAMAP. Other actions during the FY2001-02 include the following: • Continue to support the operations of the Pinellas County Flunlan Relations Department, Clearwater Board of Realtors, and the Community Housing Resource Board. • Continue to work with the local committee of American with Disabilities to view housing related issues for homeowners, renters, or homebuyers with disabilities. • 'Provide $64,050 in funds through the State Housing Incentive Program to the Community Service Foundation and Tampa Bay Community Development Corporation to implement homebuyers training programs to encourage' homeowner opportunities throughout the City. • Provide funding in the amount of $16,000 to Community Service Foundation to implement a fair housing program that offers fair housing counseling services, initial needs assessment, rental eviction intervention, and marketing of fair housing programs. • Provided $25,800 to Clearwater Neighborhood Housing Services to implement a Hispanic Outreach Program. The program provided the Hispanic population with information, guidance and assistance in the home buying process. AFFORDABLE HOUSING The Housing Element of the City's Comprehensive Plan prepared in March 2000 states as one of its objectives for housing that "the City shall continue.to provide assistance and incentives for the development of housing that is affordable to very low, low, and moderate income households, including those with special needs, consistent with the level of growth in these income categories". The following policies have been prepared to effect this change: Policies: 112.1 Continue to utilize Community Development Block Grant Program funds for the construction and/or rehabilitation of housing units that will be affordable to very low and low-income households consistent with fcderal income guidelines. 13.2.2 Continue to use federal programs to provide rental subsidy assistance to low and some moderate-income households. 13.2.3 Continue to review new construction techniques, materials, building codes, and housing codes in order to determine where housing costs can be reduced without sacrificing the quality of liousing for very low and low-income households. 12 13.2.4 The City shall continue to utilize the Clhallengc 2000 Program to assist very low, low, and moderate-income households in obtaining mortgage financing. 13.2.5 The City shall continue to support the addition of rental housing as needed to meet the needs of very-low, low, and moderate-income households. For information detailing the progress made in meeting specific objectives of providing affordable housing, including number of very-low income, low income, and moderate income renter and owner households assisted during the reporting period and the number of households assisted, please see the housing strategies. CONTINUUM OF CARE NARRATIVE In March 2000, the City held a Homeless and Special Needs workshop with organizations that work in those areas. This workshop was held to determine the Continuum of Care needs of residents in Clearwater for the next five years. Participants in the work group identified the following needs for the City. They include: (1) the need for` additional youth living facilities, (2) street outreach programs for youth, (3) youth maternity services, (4) programs for dealing with populations who are communicably ill, (5) onsite mental health services, (G) programs for recent released inmates, (7) more transitional housing, and, (8) money for existing programs. The work group indicated that money for operating their services was a necessity. They indicated that often they receive funding for one year and not the next which breaks program continuity. Further, the populations being served have no way of paying for the services and it is often difficult for smaller agencies to provide services and develop other fundraising programs. Participants in a public service workshop also echoed the need for continuum of care services. They stated that there is a need for a consolidated family resources center, transitional housing for youths, additional transitional and single room occupancy housing, supportive services and housing for persons with HIV and AIDS population, assistance with lead based paint and asbestos abatement, a north county inebriate receiving center, transitional housing for teen mothers, and additional seniors programs. The City of Clearwater listed Continuum of Care issues as a high priority in its Five-Year Consolidated Plan. During this reporting period, the City provided $50,801 in CDBG funds to the CHIP as operating capital for the Emergency Shelter Facility as part of it's continuum of care. The City's Police Department provided additional dollars for program operations.. The facility provided shelter, food, counseling, and case management services to 1,211 individuals. A total of $14,700 was provided to the Mustard Seed - Turning Point for inebriated homeless individuals. During the reporting period, the agency assisted 199 homeless individuals from Clearwater. 13 The Homeless Emergency Project received funding in the amount $150,000 to build an eight unit SRO apartment build for homeless individuals. Another $200,000 was provided to the agency to build a new thrill store that will provide job training and employment opportunities for homeless individuals and families. In addition to short and long-term housing for the homeless, the HEP provides job placement, medical, dental and psychological counseling. A total of $28,500 was provided to Religious Community Services --.Grace House to renovate their facility that provides transitional housing for homeless families. In addition to shelter, the agency provides food, and other material necessities for 'an eight-week period. Each family receives case management services, tutoring for children, and medical and mental health care on site. The agency set a goal of providing housing to 340 families during the reporting period but actually provided services to 917 families. This reporting period also. shows that $74,000 in CDBG funds was provided to Directions for Mental Health to renovate this office complex. Directions for Mental Health - provides a wide range of high quality behavior health services for all ages, from the prevention of problems by building upon strengths, to the effective treatment of mental illness. Directions for Mental Health assists over 2205 people annually. Also in this reporting period, additional CDBG funds were used to renovate a runaway shelter and a facility that provide services to persons with HIV/AIDS. Family Resources was allocated $18,734 to renovate its runaway shelter for youths.. In addition to housing, the agency provides counseling; case management and other continuum of care services. The agency anticipates that it would serve 700 youth. , Gulf Coast Community Care, Inc. was allocated $8,399 to renovate its building. The agency provides case management, counseling, food, computer training and employment services for low to moderate- income individuals with HIV/AIDS. The agency serves approximately 1200 people annually. CDBG funds were provided in the amount of $29,773 to Pinellas Opportunity Council to administer a "Chore Services" Program. Through this program various chore services were provided to thirty-six elderly, frail elderly, developmentally disabled and physically disabled individuals to assist them in remaining in their home and not being placed in a nursing home. 14 OTHER ACTIONS Fostering And Maintainina Affordable Housing The City of Clearwater has been very proactive in fostering and maintaining affordable housing. Although the City cannot control the cost of labor or goods or land costs, they have done other things to keep the units affordable. They include such things as the following: • Designing homes that are practical and efficient. • Subsidizing for impact fees. • Providing financing at below market rates to clients. • 'Funding subrecipients to acquire vacant properties and build affordable houses. • Working with subrecipients to acquire homes foreclosed by HUD and reselling them as affordable housing units. • " Paying for infrastructure improvements with general revenue funds. • Changing the City's development code to reduce street size and other development issues. •. Working with the local housing authority to buy property and resell for affordable housing. • Working with developers to put together applications for funding through the low- income housing tax credit program, State of Florida Housing Bond program and other resources to build or rehabilitate rental units for affordable housing. Barriers to Affordable Housing In the early years (1992 - 1995) of the City's State Housing Initiatives Partnership (SHIP) Program, the Clearwater's Affordable Housing Advisory Committee reviewed the following areas to identify potential barriers to affordable housing, • Affordable housing definitions • Permit Processing • Impact Fee requirements • ,Infrastructure Capacity • Residential Zoning Density 15 1, • Transfer of Development Rights • On-site Parking and Setback requirements • Zero-lot Line Development • Sidewalk and Street Requirements • Regulatory Review Processes • Inventory of lands suitable for affordable housing development Tile Committee determined Clearwater already had systems in place to address many of these potential barriers. They did recommend several additional steps to address potential barriers. First, they recommended a change in the definition of affordable housing to "Safe and sanitary housing which can be rented or purchased in the market without spending more than 30% of a household's income and which is available to a household earning 100% or less of area median income for non-elderly and able bodied residents, and 120°.,0 or less of area median income for elderly and disabled residents." The State of Florida has since amended the definition to include the following language - Affordable" means that monthly rents or monthly mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income fot the households as indicated in subsection (19), subsection (20), or subsection (28). However, it is, not the intent to limit an individual household's ability to devote more than 30 percent of its income for housing, and housing for which a household devotes more than 30 percent of its income shall be deemed affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30 percent benchmark". Secondly, the committee recommended reducing the parking requirements of 1.5 spaces per unit for multi-family.and 2 per unit for single-family developments for elderly and very low-income projects. Thirdly, the committee recommended setbacks in older neighborhoods is consistent with the existing block face average. Fourth, they recommended amending the housing code to allow garage apartments. Finally, they recommended changing the receipt and referral process to reduce the processing time for developments of 25 acres or less. Based upon the recommendations of the steering committee, the City of Clearwater continues to research, monitor and carry out programs that affect the objectives identified in the Consolidated Plan. The Housing Division will continue to promote the following agenda to: • That permits as defined in Chapter 163.3164(7) and (8) F.S. for affordable housing projects are expedited to a greater degree than other projects, and • The establishment of a process by which the City considers, before adoption, procedures and policies that have a significant impact on the cost of housing. To reduce barriers to affordable housing the City will work with applicable agencies to investigate impact fee waiver programs; a contractor referral service to identify available 16 projects, assistance in clearing zoning issues and otlicr barriers to construction of affordable housing. To assist with financing costs, the City will work toward eliminating predatory lending practices in the service areas. The City will work to expand its partnerships with financial institutions to encourage affordable rates and terms for borrowers. In addition, the City will investigate programs to help reduce the costs to hornebuyers and those seeking to ,rehabilitate or construct new housing in the target areas. The City will also investigate loan programs that will help the very low-income homcbuyers achieve homeownership by creating special incentives for the provision of affordable housing. Comprehensive Plan Analysis The City will use the Housing Element of the Comprehensive Plan to monitor and measure the program's effectiveness in reaching the goals and objectives of the program. Fostering and maintaining affordable housing is one of the City's primary goals. We will continue to review construction standards to reduce' costs without sacrificing the quality of housing units. Lead Based Paint Lead based paint continues to be a serious problem throughout cities across America. It is usually prevalent in homes built prior to the 1970. Clearwater's housing stock is relatively new with the average home being built after 1970. However the City still maintains that lead based paint is a serious issue and conducts housing inspections to determine if there are defective paint surfaces. If lead conditions are present, the lead paint is either removed or covered in a manner described by HUD. No lead based paint conditions were found during this reporting period. The City will continue its effort to rid structures of lead based paint. We will continue to test and remove all lead based paint surfaces in structure rehabilitation under our programs. Clearwater will use the services of the Pinellas County Environmental Department to test all structures with defective paint surfaces and the local Health Department to test children for elevated blood levels. The North Greenwood Community Health Center has agreed to participate with the City by providing a meeting area for neighborhood based education programs, disseminating information on the hazards of Lead Based Paint, and provide blood screening. To arrest the Lead Based Paint Hazards in Clearwater, the City formed a collaboration and partnership with other local agencies and submitted an application during this reporting period for a grant of $1,717,671 under the "Healthy Homes" program. The collaboration included an interagency partnership with Pinellas County Health Department's, Lead Intervention and Healthy Home Team, as well as four community- based organizations. The community based organizations include the UNO Federation, 17 serving the Hispanic population, the Greenwood Community Health Resource Center which provides care to predominantly African American community, Clearwater Neighborhood Housing Service, Inc, which provides rehabilitation services in the targeted area, and Pinellas Opportunity Council - Chore Services which provides cleaning services to the elderly population. Program activities will include the following: • Collaboration between public-private agencies involving housing, health, and community-based organizations to facilitate a Healthy Home Team to go door to door in the targeted Brownfields area to identify children and homes at risk. • Assurances that children identified at risk receive blood lead testing and the child with elevated lead levels receives follow-up care. • Promotion of a public awareness campaign through education to physicians and the community and disbursement of educational materials • Assessment of homes at risk to identify lead hazard control services to eliminate hazards identified in homes. • Initiation of supportive lead hazard control services to eliminate hazards identified in homes. •. Evaluation of prevention activities to measure the impact and outcome of program services and intervention efforts in the community. Poverty Level Assessment Reducing the number of residents who live below the poverty level is very important to the City of Clearwater. The City realized that the most effective way to reduce the number of persons below the poverty level was to increase their income through providing employment opportunities. The .City will provide funding to support service organizations that reduce impediments for families allowing them to rise above the poverty level. Clearwater provides economic, development opportunities to for profit businesses that agree to hire lower income individuals. Through the coordination among programs including the EPA and State BrownsfieId Redevelopment initiatives and the federal Weed and Sced Program, Juvenile Welfare Board, Clearwater Stars, United Way, the Eckerd Foundation, and the University of South Florida, Clearwater will expand our efforts this year to reduce impediments. 18 Institutional Structure To overcome gaps in institutional structures and enhance coordination, the City implemented several practices that 'have been successful. First, local lenders were provided with infonnation relative to the City's housing programs and offer a coordinated effort for the lending institution to prosper. The City has established a relationship with local lenders to-work together to provide home ownership and homebuyer opportunities for very-low to moderate-income families: The City and its subrecipients pre-qualify clients to the lender's and City's specification and provide gap financing in the farm of down payment assistance. Other actions undertaken by the City included developing institutional structures and enhanced coordination between public and private housing and social service agencies. The City provided $25,000 to Partners In Self-Sufficiency to administer a self-sufficiency program that provides housing and educational opportunities to single parent low-income households. Under the program the local housing authority provides Section'S certificates or vouchers to program participants while they are pursuing education and job training. At the end of the program, participants should have saved enough money for a down payment on a home. The City's Housing Division would further assist them with housing opportunities. Public Housing and Residential Initiatives The City understands the benefits of improving public housing and residents' initiatives. To improve the lives of families in the public housing complex the City targeted the children to break the cycle. The City will continue to work with the local housing authority to foster innovative public housing developments and residential initiatives. To help with resident initiatives the City provided $25,000 for operations to the Partners In Self Sufficiency Program., This program provides residents on public assistance (Section S) with housing, counseling and case management services that encourage participants to become self-sufficient and purchase their own home. The agency assisted 230 families during this reporting period. The City also provided funding for other support organizations to administer services to children in public housing. Eleven thousand nine hundred eighty-five dollars were provided to the Jasmine Court - Girls Inc. to provide operational support to a program that provides self-esteem and self-awareness programs to girls who live in the housing complex. These programs provided support to over 226 children in the housing complex. Leveraging Resources The City's efforts to provide affordable housing and other services to low to moderate- 19 income families have resulted in leveraging a great amount of additional resources. • Development Services Department and approximately $600,000 in private sector capital. • The City provided $30,000 in CDBG fiends to complete an economic development study for North Greenwood. This resulted in a $70,000 award for the study from the U.S. Economic Development Administration. Through the Infill Housing and Down Payment Assistance .Programs, Clearwater works closely. with the private lending and housing non-profits in the community to leverage private investment in home ownership. Please see Homebuyers Section for accomplishments. In addition, Clearwater works with Community Service Foundation, Partners in Self Sufficiency, Tampa Bay Community Development Corporation, and Clearwater Neighborhood Housing Service, Inc. to provide homeownership counseling to support our housing programs. Citizen Comments Please see attachment #1, if any are received. SELF EVALUATION Our assessment of the previous year's activity shows that the City, has made strides to address the majority of high priority projects. The areas listed as high priority include funding and implementation of (1) senior centers, (2) youth centers, (3) day care centers, (4) health facilities, (5) parking facilities, (6) employment training, (7) fair housing counseling, (8) tenant landlord counseling, (9) commercial/industrial infrastructure, (10) micro businesses, (11) economic development technical assistance, and (12) code enforcement, In FY2001-2002 the City was allocated $1,029,000 in CDBG Program entitlement fiends, $278,390 in anticipated program income, $387,153 in reprogrammed funds, and $514,000 from HOME Program and $952,987 from the State Housing Initiatives Partnership (SHIP) Program Entitlement plus $376,112 in program income and reprogrammed funds from the SHIP Program. The program funded included the following: 20 ?'3{4}V.l'[l.>y??.Ssi•wA titM.'ry, W.'.Y..? ..' .. Demolition $ 20,000 Relocation 18,000 CHDO Set. Aside 77,100 Program Administration 572,227 Economic Development 445,000 Home Ownership/Rehabilitation 2,037,798 Rental Housing Development 1,165,180 Public Facilities 169,883 Public Services 192,660 $4,728,848 The City remains committed to the projects listed above and did not amend the plan to adjust any of the projects. It obtained the resources listed above and solicited grants to obtain additional funding. The programs listed above were consistent with the five year Consolidated Plan and the Housing Element of the City's Comprehensive Plan. Through the public set-vice awards, the City funded four organizations in operational support. The funding provided to these organizations totaled $192,660. The individual awards to the public service organizations are as follows. Clearwater Homeless Intervention Project, Inc. received $50,801 in operational'support to operate an overnight homeless shelter for individuals. The shelter provided overnight housing and case management services to 1,211 homeless individuals during the reporting period. Partners in Self Sufficiency received the second highest allocation in the public sector arena. They received $25,000 to administer a family self sufficiency program for single family households on public assistance to turn their lives around and become self sufficient. The .other two organizations that received public service awards' included the Pinellas Opportunity Council and the Mustard Seed Foundation. Pinellas Opportunity Council received $29,773 to provide chore services to the elderly and physically impaired households. During this reporting period, 36 elderly/physically-impaired households were assisted. The final public service awarded agency was the Mustard Seed -- Turning Point. The agency was awarded $14,700 to operate an inebriate center for homeless individuals who were intoxicated or abused drugs. The center assisted 118 Clearwater individuals during the fiscal year. Funds provided for rental housing in this year's action plan were allocated to Community Service Foundation and Fulton Apartments. Fulton Apartments is a 20-unit rental complex that will be renovated. In this year's action plan, an additional $60,000 in HOME funds was allocated for the project. The project is approximately 85% complete and is due to be finished by the end of 2002. In the prior year plan, $210,000 in HOME Funds and $70,000 in non-federal funds were allocated to the project. This will bring the total funding availability to $769,000 for the renovation of the project. Fifty thousand dollars were also allocated to Community Service Foundation for rental property 2l ?1` acquisition and rehabilitation. Funding for homeownership activities totaled $1,843,570 in CDBG, I-10M Ii Program and SHIP funds for FY 2000, The activities funded by these programs included owner- , occupied rehabilitation, down payment assistance, new housing (levelopment, real property acquisition and disposition, and.housing counseling programs. In the Economic Development Program, $300,000 was allocated to provide job triiining and placement services and direct loans to lbr profit businesses. The impact on the community for building 6cw homes ill the neighborhood revitalization strategy has been positive. There is more community spirit and reinvestment. As a 'result of the new homes, there is a minor trend for families with higher incomes to move back into the neighborhoods. Also, according to the Pinellas County Property Appraisers Office, the property values in the area have increased by 10`A and could indicate it trend. Because 100% of the funds expended were for benefits to low to moderate-income families the national objectives were met. The expenditure of these ftimis did not result in the permanent displacement of families or businesses. Temporary relocation expenses were provided while homes were rehabilitated and to one family displaced three years ago. CD13G NARRATIVE Relationship of the use of C_DBG funds to the priorities_rlreds eonts zrud sl3ecine ob iectives. The City utilized a strategy of diversification when selecting CDBG eligible activities, Funds in the amount of $435,581 were provided for administration, $445,00 I'or economic development, $1,301,169 for housing activities (rehabilitation, down piiynlcnt assistance, acquisition, disposition, etc.), $169,883 for public facilities troll improvements and $192,660 for public services. Details of how these funds addressed the individ?iiil objectives arc listed in the self= evaluation section of this report. Nature and reasons for any changes in-prop-rain objectives There were no changes or amendment to prograin objectives. 22 Assessment of Lrantee efforts in carrt-ing aut the plsinned_ actions • All resources (CI)BG, MOM I: and SI-1111) listed in (lie Consolidated Plan were obtained with the exceplion of the I-lomcless C:mergency Project Thrill Shop and SRO Project. • The City supported the llomclcss I?ittergency Housing group in an application for federal funds. • In addition to CDl3G,.l-I0MI and SI-1111 funds, the City was successful in obtaining private sector leveraging for new housing; construction and financing home purchases. Actions of funds used outside the Hational objectives All CDBG funds were used for activities that meet (lie national objectives. Acquisition, rehabilitation and demolition narrative Neither the City, nor its subrecipients, acquired or rehabilitated buildings that resulted in the displaccmcnt of business, individuals or families as a result of projects funded with CDBG or HOME dollars. All properties that were acquired with CDBG funds were voluntary and mostly vacant parcels. The City's subrecipients Purchased till properties acquired during this reporting period. They include Clearwater Neighborhood Flousing Service, Inc., Tampa Bay Community Development Corporation, Community Service Foundation, and Habitat for Humanity. Wltctt subrccipients become interested in a properly they want to acquire, the following steps arc required; • The subrccipicnt inlbrnts the property owner that they are interested in the property. • The subrccipicnt sends out HUD Guide Notice - Disclosures to Sellers with Vohintary, Arm's Length Purchase Offer. + The subrecipicnt informs the owner that they do not have the power of eminent domain and that the purchase would be a strictly voluntary transaction. e if the owner is interested in selling the property, then an appraisal is obtained. • The subrccipicnt then determines just compensation for the property. • The subrccipicnt then offers just compensation to the owner. 23 Should the owner agree to the offer, the subrecipient may purchase the property. • if the offer is not acceptable to the owner, then both parties walk away from the deal. CDBG funds were expended for it prior fiscal year Uniform Relocation Act triggered project, 'this expendiltire was part of a live-year pay out of relocation benefits to a family that was displaced its it result of amloisition. 'T'emporary relocation benclits were provided to eligible homeowners while their homes were being rehabilitated. Temporary heneFits include moving, storage, temporary rents, and utilities. A total of $2,760 was expended to demolish one vacant dilapidated building. The dcmolition'of this building resulted in the construction or a (tome for low to moderate- income family, The ]ionic was built without federal assistance. Economic Develooment Narrative For fiscal year 2000 (lie' City provided $210,000 for -economic development activities. The funds were provided to it subrecipient (CNI-IS) for loan funds to for profit businesses to hire low to moderate income individuals or provide an. area benefit to a low to moderate- income community In this reporting period the agency provided eight business loans for $154,481. Seven jobs have been madc available to low to moderate-income individuals as a result of this activity. Tile city provide(! $35,060 to improve the business facades in the North Greenwood Commercial District, No fiends were expended due to the road construction project on Martin Luther King Street. Once the street has been improved, the city will market the ftt4adc improvement program. Hmitctl Clientele Narrative The City and its subrecipients maintain Files that document all clients who qualify for the limited clientele designation, Progra Income Narrative Please see I-IUD Financial Summitry Report - Program Income Section. 24 Rehabilitation Program Narrative Please see Self Evaluation Section of Report Please see HUD Rehabilitation Report. HOME NARRATIVE HOME Program Distribution Analysis The City received an allocation of $514,000 in HOME Funds for FY 01102. The majority of the funds were set aside for rental housing development. The budget for this reporting period show that funds for the entitlement allocation were budgeted in the following manner: • Subrecipient Housing Pool ......................................$185,500 • Community Housing Development Organization............ 77,100 • Homeless Emergency Project (Rental Housing) .............. 150,000 • Community Services Foundation ............................... 50,000 + Program Administration .......................................... 51,400 Total $514,000 Funds set aside in the Subrecipient Housing Pool may be used for home ownership rehabilitation, new single family housing construction, down payment and closing cost assistance, acquisition of real property and other related housing costs. Funds set aside for the Community Housing Development Organization is undetermined. The Homeless Emergency Project funds will be used to construct an eight-unit single room occupancy apartment building. Funding for Community Services Foundation was set aside to purchase and rehabilitate rental properties. Of the total $514,000 entitlement allocation, $51,400 was expended for program administration, and $5,063 for the Homeless Emergency Project. No funds were expended in this report period for the FY 2001 Community Housing Development Organization, Community Service Foundation, or the subrecipient housing pool. Although the expenditures for the FY 2001 HOME entitlement were limited, the city expended $357,621 in reprogrammed funds from prior years HOME program allocations. A majority of these funds ($268,613) was expended on the Fulton Street Apartment Complex. The rental housing development will result in the renovation of 16 affordable units. All of the units will be HOME assisted. The project is underway and is scheduled for completion during the next reporting period. The remaining HOME allocation will be 25 used for homebuyer opportunities, housing rehabilitation (single and multifamily), and administration. The City of Clearwater has two certified CHDOs. Clearwater Neighborhood Housing Services, a long time partner was formally adopted in October 1999. In June of 2000, the Largo Area Development Corporation (LADC) was approved. Both participate in providing affordable single-family intill housing to the City in targeted areas. Clearwater Neighborhood Housing Services, Inc. expended $73,869 to build a new single family home for a low to moderate-income family. Largo Area Housing Development Organization expended $84,024 to purchase vacant lots to build affordable housing units. The City is currently working with Mt. Carmel Community Development Corporation to certify their organization as the City's next CHDO. HOME Match Report Please see attached Match Report Minority and Women's Business Enterprises Report - HUD Dorm-4107 Please see attached Minority and Women's Business Enterprise Report. HOME Inspections- and affirmative) marketing actions and outreach to minority. and women owned businesses. Two rental housing developments previously funded and subject to HOME monitoring were inspected during this reporting period. Those housing developments included Wellington Apartments and Lexington Apartments. Wellington Apartments provide housing for all low to moderate-income families and Lexington Apartments provide housing for the elderly. Construction on Lexington is not complete, however, the HOME assisted units were completed. The city inspectcd'both apartment complexes for program compliance. They were listed as floating units and met most of the program requirements. It was noted in the inspection that some of the Lexington units did not meet the accessibility standards for people with physical disabilities. The apartment owners are working to address the compliance issue. Tile city will follow up with another monitoring; visit in November, 2002. The monitoring visit to Wellington Apartment did not show any areas of non-compliance. The rental housing development project (Fulton Street Apartments) funded in this reporting period is in the renovation stage and scheduled for completion by of the year: This project will include all of the affirmative marketing actions and outreach to minority and women owned businesses as required under the Section 3 requirements. 26 HOUSING OPPORTUNITIES FOR PEOPLE WITH AIDS NARRATIVE, The City of Clearwater did not receive any HOPWA flunding during this reporting period EMERGENCY SHELTER GRANT NARRATIVE The City of Clearwater did not receive any ESG funding during this reporting period. PUBLIC PARTICIPATION ' I Board to The City maintains a Neighborhood and Affordable , Housing. Advisory i encourage public participation, The Board meets quarterly to discuss and make., recommendations to the City Commission on housing related issues. The meetings are ' sometimes held in each low-income neighborhood. once a year. The City Clerk Office maintains minutes froni these meeting. r 27 1 {faa???.,•'hl..•151'1SIRN1r.,uvya•.. .,. ., .. .. .. . i .71i > ,.. _.. .S" - .. a•. .. ?Y i,.. ".mY'.. ..... ...... ... a ... ? M ti? r SUBJECT/RECOMMENDATION: Clearwater City Commission Agenda Cover Memorandum Worksesslon Item #: Final Agenda Item # Meeting Date: n 12-5-02 Land Use Plan Amendment and Rezoning for property at 209-229 Windward Passage (Lots 1-11 inclusive, The Pools of Windward Passage, Plat Book 118, Pages 63-64 in Section 08, Township 15 South, Range 15 East); Owner: The Pools at Windward Passage Homeowners' Association; Representative: Joseph W. Gaynor. MOTION: APPROVE a Land Use Plan Amendment from Commercial General (CG) to Residential Medium (RM), and a Zoning Atlas Amendment from the Commercial/ Island Estates Neighborhood Conservation Overlay District (CIIENCOD) to Medium High Density Residential/Island Estates Neighborhood Conservation Overlay District (MHDRIIENCOD) for property located at 209-229 Windward Passage (Lots 1-11 inclusive, The Pools of Windward Passage, Plat Book 118, Pages 63-64 in Section 08, Township 15 South, Range 15 East), and PASS Ordinances #7056-03 and #7057-03 on first reading. ® and that the appropriate officials be authorized to execute same. (LUZ 2002-09010) SUMMARY: This site is located on the south side of Windward Passage, approximately 450 feet north of Memorial Causeway and 950 east of Island Way. The subject site is'approximately 0.87 acres in area and is currently developed with eleven (11) two-story, fee simple townhouse units. In 1997, the site was developed as a Commercial Planned Development (CPD), which allowed stand-alone residential development and was consistent with the underlying Commercial General (CG) Future Land Use Plan designation. When the new Community Development Code was adopted in 1999, the property's zoning designation was reclassified to the Commercial (C) District, and recently to the Commercial/island Estates Neighborhood Conservation Overlay District (CIIENCOD). The current zoning does not permit stand-alone multi-family dwellings; therefore, this property is a legal, non- conforming use. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Commercial General (CG) category to the Residential Medium (RM) category and to rezone it from the Commercialllsland Estates Neighborhood Conservation Overlay District (CIIENCOD) to the Medium High Density Residential/island Estates Neighborhood Conservation Overlay District (MHDRIIENCOD), to render this site conforming. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: The proposed land use plan amendment and rezoning application are consistent with the Comprehensive Plan. Reviewed by: Originating Dept.: Costs Legal Info 5rvc NIA PLANNING DEPARTMENT Marc A. Marian? 1A Total NIA Budget NIA Public Works NIA User Dept.: - Funding Source: Purchasing NIA DCWACM Planning Z"z) Current NIA Cl FY _ Risk Mgmt NIA Other' Attachments: OP ORDINANCES No. 7056.03 & 7057-03 STAFF REPORT Other Submitted by: Appropriation Code: city manager ? None • The potential range of uses and the current use are compatible with the surrounding area. • Sufficient public facilities are available to serve the property. • The applications will not have an adverse impact on the natural environment. Please refer to the attached report for the complete staff analysis. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the-Pinellas Planning Council. and the Board of County Commissioners acting as the Countywide Planning Authority. Due to the density of the plan amendment site, review and approval by'Florida Department of Community Affairs is required. i The Community Development Board will review these applications at its regularly scheduled meeting' on -November 19; 2002 and the Planning Department will report the Board's recommendation. : r r E =1 ' 2 ORDINANCE NO. 7056-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED IN THE ISLAND ESTATES NEIGHBORHOOD DISTRICT ON THE SOUTH SIDE OF WINDWARD PASSAGE, APPROXIMATELY 1350 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOTS 1-- 11, THE POOLS OF WINDWARD PASSAGE, WHOSE POST OFFICE ADDRESS IS 209 - 229 WINDWARD PASSAGE, FROM COMMERCIAL GENERAL TO RESIDENTIAL MEDIUM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan-, now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as' follows: Pro pert That portion of Lots 1-11, The Pools of Windward Passage, Plat Book 118, Pages 63-64, Public Records of Pinellas County, Florida, Lying northerly of the seawall (LUZ 2002-09010) Land Use Cat_epor From: Commercial General To: Residential Medium Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING Ordinance No, 7056-03 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst } ;. Mayor-Commissioner Approved as to form: Attest: -r :e 9T A Leslie K. Douga I- ids Cynthia E. Goudeau r;.. Assistant City Attorney City Cleric , f CCeaa7vatet- -V arbor h h s? e THIS IS NOT A SURVEY R11 DoLPH04 PatiN? RH u Nlr RH ?r )Ony PASSAUC i i t 30 ISO 1 1a1 42 fi 4F? Clio r` T 1 .A O v CG a K 3 nN IV 1 0 50100 200 Foot ,*0 1 .,? MM ,) is 11 ?JJ < " q PIN:03/29/IS/72590/000/00IO 08/29/IS/72S90/000/00:0 0 129/IS/72S90/000/0010 08/29/IS/72590/OW/0010 08/29/IS/72590/000/OOSO 08/29/15/72590/000/0060 08/29/1 S/72590/00010070 08/29/1SMS901000/0080 U8/29/IS/72S90/000/0090 08/ 19/15172S90/000/0 t00 O8/29/IS/72S90/000/0110 FUTURE LAND USE PLAN NEAP OWNER/S: The Pools At Windward Passage CASE: LUZ 2002-09014 209-229 Windward Passage SITE: 209-229 Windward Passage PROPERTY SIZE (ACRES): 0.87 ZONING LAND USE PIN: See Above FROM: CIIENCQD CG ATLAS PAGE: 2678 TO: MHDRIIENCOD RM &\P4nn6sj I)rI,arunrnl\C 13 MAnne nalluns\Cax MajaWIZ2002.09010 ORDINANCE NO. 7057-03 AN ORDINANCE. OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED IN THE ISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT ON THE SOUTH SIDE OF WINDWARD PASSAGE, APPROXIMATELY 1350 FEET WEST OF ISLAND WAY, CONSISTING OF A PORTION OF LOTS 1- 11, THE POOLS OF WINDWARD PASSAGE, WHOSE POST OFFICE ADDRESS IS 209 -- 229 WINDWARD PASSAGE, FROM COMMERCIAUISLAND ESTATES NEIGHBORHOOD. CONSERVATION OVERLAY DISTRICT(C/IENCOD) TO MEDIUM HIGH DENSITY RESIDENTIALIISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT (MHDR/IENCOD); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Pro pert That portion of Lots 1-11, The Pools of Windward Passage, Plat Book 118, Pages 63-64, Public Records of Pinellas County, Florida, Lying northerly of the seawall (LUZ 200209010) Zoning District From: Commercial/Island Estates Neighborhood Conservation Overlay District (C/IENCOD) To: Medium High Density Residential/ Island Estates Neighborhood Conservation Overlay District (MHDR/IENCOD) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 705603 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. PASSED ON FIRST READING Ordinance No. 7057-03 n s OWNER: SITE:? FROM: TO: i ZONING MAP The' Pools at Windward Passage 209-229 Windward Passage 209-229 Windward Passage u? ZONING C / IENCOD MHDR / IENCOD CASE: LUZ 2002-09010 PROPERTY SIZE (ACRES): LAND USE - PIN: SEE ABOVE CG __-- RM V ATLAS 2678 PAGE! 0.87 CDB Meeting Date: Novcmbcr 19, 2002 Case No.: LUZ 2002-09010 Agenda Item: C-G CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OVVNERIAPPLICANT: The Pools at Windward Passage Homeowners' Association REPRESENTATIVE: Joseph W. Gaynor LOCATION: 209-229 Windward Passage . Generally located on the south side of Windward Passage, approximately 450 feet north of Memorial Causeway. REQUEST: To amend the Comprehensive Plan's Future Land Use Map from Commercial General (CG) to Residential Medium (RM), and To rezone from the Commercial/Island Estates Neighborhood Conservation Overlay District (CAENCOD) District to the Medium High Density 'Residential/Island Estates Neighborhood. Conservation Overlay District (MHDR/IENCOD) District. SITE INFORMATION: PROPERTY SIZE: 38,027 square feet or 0.87 acres DIMENSIONS OF SITE: -300 feet by 135 feet. (combined lots) m.o.l. PROPERTY USE: Current Use: .Proposed Use: PLAN CATEGORY: Current Category: Proposed Category: Eleven fee-simple townhomes Eleven fee-simple townhomes Commercial General (CG) Residential Medium (RM) Staff Report - Community Development Board - November 19, 2002 - Case LUZ2002-09010 Page 1 of 8 1r ZONING DISTRICT: Current District: Commercial/Island Estates Neighborhood Conservation Overlay District (C/lENCOD) Proposed District: Medium High Density Residential/Island Estates Neighborhood Conservation Overlay District (MHDR/IENCOD) EXISTING SURROUNDING USES:' North: Marina South: Water East: Marina West: Park ANALYSIS Introduction The 0.87 acre subject site is located in the Commercial/Island Estates Neighborhood Conservation Overlay District (C/IENCOD) and is occupied by two (2), two-story. structures housing eleven (11) fee simple, multi-family residential units. In 1997, the site was developed as a Commercial Planned Development (CPD), which allowed stand alone residential development and was consistent with the underlying Commercial General (CG) Future Land. Use Plan 'designation. When the new Community Development Code was adopted in 1999, the property's zoning designation was reclassified to the Commercial (C) District, and recently to the Comm ercialIlsland Estates Neighborhood Conservation Overlay District (C/IENCOD), making it consistent with the Commercial General (CG) Future Land Use Plan category. The Commercial/Island Estates Neighborhood Conservation Overlay District (C/IENCOD) does not permit stand alone multi-family dwellings; therefore, this property is a legal, non-conforming use. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Commercial General (CG) category to the Residential Medium (RM) category and to rezone it from the Commercial/Island Estates Neighborhood Conservation Overlay District (C/FENCOD) to the Medium High Density - Residential/Island Estates Neighborhood Conservation Overlay District (MHDR/IENCOD), to render this site conforming. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Due to the density allowed by this plan amendment, review and approval by the Florida Department of Community Affairs is required. I: CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN Applicable Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 3.2 Objective - Future Land Use in the City of Clearwater shall be guided by the Comprehensive Land Use Plan Map and implemented through the City's Community Development Code. Staff Report - Community Development Board - November 19, 2002 - Case LUZ2002-090 10 Page 2 of 8 3.2.2 Policy - Residential land uses shall be appropriately located on local and minor collector streets;- if appropriately buffered; they may be located oil major collector and arterial streets. Residential land uses shall be sited on well-drained soils, in proximity to parks, schools, mass transit and other neighborhood-serving land uses. 21.3 Objective - Overall density sliall be retained and not increased in Clearwater's coastal zone, except as otherwise permitted in the Futher Land Use Element of ' the Comprehensive Plan. Transfer of development rights between beach parcels is allowed per the Community Development Code and by Beach by Design: A Prelintinaty Design for Clearwater Beach and Design Guidelines. Approval of this Land Use Plan amendment, will reduce the maximum permitted density from 24.0 dwelling units in the Commercial General Future Land Use Plan category to 15.0 dwelling units, therefore reducing the maximum permitted level of residential population in the Coastal High Hazard Area. The proposed plan amendment is not in conflict with Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. II. CONSISTENCY WITH COUNTYWIDE PLAN Applicable regulations from the Countywide Plan are as follows: 2.3.3.3.1 Residential Medium (RM). Purpose -- It is the purpose of this category to depict those areas of the County that are now developed, or appropriate to be developed, in a moderately intensive residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban qualities, transportation facilities and natural resource characteristics of such areas. Loeational Characteristics -- This category is generally appropriate to locations within or in close proximity to urban activity centers; in areas where use and development characteristics are medium density residential in'nature; and in areas serving as a transition between less urban and more urban residential and mixed use areas. These areas are typically in close proximity to and may have direct access from the arterial and thoroughfare highway network. The proposed use of the property is consistent with the RM category in that the project will be limited to residential use; in addition, the site's adjacency to Island Way provides sufficient access to major arterial roadways in the area for the residents of the complex. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD The subject site is approximately 0.87 acres in size and could allow 13 dwellings units based on a maximum density of 15 dwelling units per acre in the proposed Residential Medium (RM) plan Staff Report - Community Development Board - November 19, 2002 - Case LUZ2002-09010 Page 3 of 8 category. Current uses allowed in the Medium High Density Residential zoning district include schools, attached dwellings, detached dwellings, community residential homes, nursing homes, places of worship, assisted living facilities, retail sales, overnight accommodations, utility and infrastructure facilities, congregate care, parks, and recreation facilities, residential infill projects and residential shelters. State Route 60 Corridor The SR 60 corridor between the Memorial Causeway Bridge and Clearwater Beach is characterized primarily by open space, utility/infrastructure facilities and parks. The Countywide Future Land Use Plan has designated land in the surrounding area as Recreation/open Space (R/OS). The Recreation/Open Space is the only land use plan designation to the north, south, east and west of the corridor. Immediate Surrounding Area The Future Land Use Plan (FLUP) for the immediate surrounding area along the north, northwest, west and southeast portion of the subject site is Commercial General (CG). The Residential Medium (RM) plan category extends to the east and northeast of the subject property. The existing surrounding uses include a marina to the north, northwest and southeast. A park is located to the east, Clearwater Harbor to the south and multi-family dwellings to the northeast. The proposed Future Land Use Plan designation and rezoning is in character with the overall FLUP designations along this block and compatible with surrounding uses. IV. SUFFICIENCY OF PUBLIC FACILITIES The subject site is approximately 0.87 acres and would allow 20 dwelling units or a 20,915 square foot building, based on a maximum density of 24.0 dwelling units per acre and a FAR of 0.55 in the current Commercial General (CG) Future Land Use Plan category. Based on a maximum permitted density of 15.0 dwelling units per acre under the proposed Residential Medium (RM) plan category, a maximum of 13 dwelling units could be constructed on this site provided all code requirements are met. However, the applicant's intention for this Future Land Use and Zoning amendment is only to bring a legal, non-conforming structure into compliance with the City's Community Development Code and continue the current use, Roadways The accepted methodology for reviewing the transportation impacts of the proposed plan amendment is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed Future Land Use Plan categories and are included in the following table, Staff Report - Community Development Board -- November 19, 2002 - Case LUZ2002-09010 Page 4 of 8 MAXIMUM POTENTIAL TRAFFIC Memorial Causewa SR60 Current ' Situation Existing Plant ' Proposed Plane Net New Trips Maximum Dail Added Potential Trips NIA 405 83 -322 Maximum PM Peak Hour Added Potential Tri s NIA 50 10 -40 Volume of Memorial Causeway from SR580 to SR 60 17,644 18,049 17,727 17,322 LOS of Memorial Causeway from Drew Street to SR 60 F F F F NIA - Not Applicable LOS a LLM-of•Service I - Based on PPC calculations of 465 trips per acre per day For the Commercial General Fuutre Land Use Category. 96 trips per acre per day for the Residential Medium Future Land Use Category. 3 =• City Calculation of 12.5110 Source: "The Rules" oJrhr Count •irlde Future Land Use Flan 2 ? Based on PVC calculations of The 2002 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Memorial Causeway segments in the vicinity of this site a level of service (LOS) F. The proposed use of the application will not increase the existing capacity of any of the surrounding roadways and will not have a negative effect on the segments level of service. Specific uses in the current and proposed zoning districts have also been analyzed for the amount of vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual. TRAFFIC IMPACTS BASED ON ITE. MANUAL STANDARDS :UtiitslSquarei Daily,Trips- Dally Trlps- Net Increase' PM Net Increase . Fatrttige,:;'? Existing Propbwd'. of Average Peak- ofP117.Peak. Use?: Permitted: Zonis zonin Daily-Trips Trips Trt s . Quality Restaurant (89.95 Weekday tri ps/1000 sq. p.) 20,915 sq. R. 1881 NIA 1840 188 182 (9.02 PM Peak hr trips/1000 sq. fl) Condorniniunv7ownhouse (Maximum Potential) 13 NIA 76 12 7 1 (5.86 Weekday trips/dwelling unit) (0.54 PM Peak trips/dwelling unit) Townhouse (Current/Proposed Use) 11 NIA 64 NIA 6 NIA (5.86 Weekday trips/dwelling unit) (0.54 PM Peak trips/dwoling unit) General Office Bldg. (11.01 Weekday trips/1000 sq. A.) 20,915 sq. ft. 230 NIA 166 31 157 (1.49 PM Peak trips/1000 sq. ft) N/A -- Not Applicable Source; ITE Tr! Generation Manual, 6th Ed., 1997 Based on the applicant's current/proposed use of the subject site, the City of Clearwater Traffic Engineer has concluded that the transportation impacts associated with this land use plan amendment and rezoning will not result in any degradation of the existing LOS to Island Way and/or State Route 60. There will be no impact on the operational efficiency of the signalized intersections of Island Way and State Route 60. Staff Report - Community Development Board - November 19, 2002 - Case LU12002-09010 Page 5 of 8 Mass Transit The; Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located within 1/4 mile of an existing transit route; and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority (PSTA) bus service is available along State Route 60. Water The current zoning district could. demand approximately 2,091 gallons per day. Under the proposed zoning district, water demand could approach approximately 3,250 gallons per day. As this is an existing multi-family residential complex and the use will not change, the proposed amendment will not affect the City's current LOS for water. Wastewater The current zoning district could demand approximately 1,672 gallons of wastewater per day. Under the proposed zoning district, sewer demand could approach approximately 2,600 gallons per day. As this is an existing multi-family residential complex and the use will not change, the proposed amendment will not affect the City's current LOS for wastewater. Solid Waste The current zoning could result in 56 tons of solid waste per year for a commercial site. Under the proposed zoning district, there could be approximately 32 tons of solid waste generated per year. As this Js an existing multi-family residential complex and the use will not change, the proposed amendment will not affect the City's current LOS for solid waste disposal. Recreation and Open Space As this is an existing multi-family residential complex and the use will not change, the proposed land use plan amendment and rezoning will not impact the LOS of recreational acreage or facilities. V. IMPACT ON NATURAL ENVIRONMENT As this is an existing multi-family residential complex and the use.will not change, the proposed land use plan amendment and rezoning will not have additional negative impacts on the natural environment. In addition, the existing structures have been constructed above the base flood elevation as required by City code. VI. LOCATION OF DISTRICT BOUNDARIES The location of the proposed Residential Medium (RM) boundaries are logical and an appropriate classification between park uses to the west and marina uses on the north and east. The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines and existing improvements. Staff Report - Community Development Board - November 19, 2002 - Case LUZ2002-09010 Page 6 of 8 VII. CONSISTENCY OF DEVELOPMENT wi'm COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS The proposed Medium High Density Residential/island Estates Neighborhood Conservation Overlay District (MHDR/IENCOD) permits a FAR of 0.50 and the existing Commercial/Island Estates Neighborhood Conservation Overlay District (C/IENCOD) permits a slightly more intensive FAR of 0.55. The 0.75 ISR of the proposed MHDR/IENCOD is considerably less than the current C/IENCOD at 0.95. The size of the site is 38,027 square feet, which exceeds the minimum' lot area requirement of 15,000 square feet required by the MHDRAENCOD zoning district. Therefore, the parcel meets size requirements of the proposed District and the existing residential use is permitted in the MHDR/IENCOD. The subject site is part of a Certified Site Plan (CSP), which created the Commercial Planned Development (CPD) zoning for the site. Side and rear setbacks approved through this CSP do not comply with current code requirements, however are legally permitted through the CSI'. Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. The existing and proposed use of this property is consistent with the Medium High Density Residential/Island Estates Neighborhood Conservation Overlay District regulations. SUMMARY AND RECOMMENDATIONS: An amendment to the Future Land Use Plan from Commercial General (CG) to Residential Medium (RM) and a rezoning from the Commercial/Island Estates Neighborhood Conservation Overlay District (C/IENCOD) to the Medium High Density Residential/Island Estates Neighborhood Conservation Overlay District (MHDR/IENCOD) for the subject property is necessary to bring this existing non-conforming residential. use into compliance with the Community Development Code. The neighborhood is surrounded by marina uses to the north, northwest and east; a park use to the west; Clearwater Harbor to the south and multi-family residential to the northeast. The existing residential use blends into the surrounding neighborhood and serves as a transition between marina uses to the east and north and park to the west. In addition, amendment to the Future Land Use Plan category of this site will reduce the permitted density in the Coastal High Hazard Area from 24 dwelling units per acre to 15 dwelling units per acre. The proposed Residential Medium Future Land Use Plan classification and Medium High Density Residential/Island Estates Neighborhood Conservation Overlay District are consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. Staff Report - Community Development Board -- November 19, 2002 -- Case LUZ2002-09010 Page 7 of 8 The Planning Department recommends.. APPROVAL of the following actions, on this application: L. Amend the Future Land Use Plan designation of 209-221 Windward Passage from Commercial General (CG) to Residential Medium (RM), and 2. Amend the zoning district designation of 209-221 Windward Passage from the Commercial/Island Estates Neighborhood Conservation Overlay' District (C/IENCOD) to the Medium High Density Residential/Island Estates Neighborhood Conservation Overlay District (MHDR/IENCOD), { ' t Prepared by Planning Department Staff- , t ;i Marc A. Mariano, Planner Attachments Application Location Map Aerial Photograph'of Site and Vicinity Existing Surrounding Uses Zoning Map ' Land Use Plan Map SrlPlattnbtg Dei;artmetttlC D 111Lnttd Usc AntetitlrttenlslLUZ 10011LU7.1002-09010109-119 Wlndtt•ard Passage The fools at Windward ; Passage Staff Report.doe Staff Report - Community Development Board -- November 19, 2002 -- Case LUZ2002-09010 Page 8 of 8 j t ly a ? 1 \ Multi-Family 1 3 Residential - 13/08 DORY :l 10 +'4nc^ A 7 CGS ' n?`4 ESN I? 1 .O 13 9St,? ! \`O ! 13/02 S Ay O 7 5 5' 3 2 3 yv_y?\ y 2 f y 'o `FMoR??C ? s ¢ 7 ?, 13/0?2j1 , PIN:08/26/16/72600100010010 08129116172680100010020 08129116172680/000/0030 / Oe/29118/726901000/0040 / 08/291t61726901000/0060 08/29/16172600100010080 OBJ291151725901000/0070 0a/29/16/72690/000/0090 L,?GS \ 08/20115/72500/00010100 Fey \ f 08129116172690100010110 s EXISTING SURROUNDING USES MAP OWNER: The Pools at Windward Passage 209-229 Windward Passage CASE: LUZ 2002-09010 SITE: 209229 Windward Passage ^ PROPERTY SIZE (ACRES): 0.87 J LAND USE ZONING PINK: FROM: C / IENCOD CG _ TO: MHDR / IENCOD RM ATLAS 267D PAGE: J 1:= + 40 CITY 4I` CLGAli1f!?1'i;f?, F'EOFtiU,1 PUBLIC STORKS !?1]M1N15'1'RIMON R , ? i. "I'lic Pools at Windward Passage - I..UZ2002--09010 209-229 ?Vint,l\vard llassaoc 1 s? --rye.,.... r ..mow' ?• ,? r ??jZ'li" •i .r, i?..-{ }{?.?:: 1r•P ? 'l {'•$ ti.? 'rt}.l i' ?.: 1CS t i if ?:J.V >??1'• ::'!J? 7. t'C`?(% !, f (,',:I is ...? , View looking northeast View to the north ?i .F•I;'1,,??'3.;°i.;F..?,+!' .. ,?•;,:.! •1?1Llttr'?'. s''°. F.': ,,>'S?}!•???.?.'1? I,??, •:IFi ?. •' • • • 1 4 t I'.?M'_ .•I'F:MVIL?_?i .._.ILL..?_'_.t? _tAlai.• i !'l?if6ltl[L•,?' __? View kwkinu southwest View to the west Site view looking soaitheast Site view li'0111 nolill Second Reading ORDINANCE NO. 7038-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF CARDINAL DRIVE, APPROXIMATELY 470 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 72, PINELLAS TERRACE, WHOSE POST OFFICEADDRESS IS 1737 CARDINAL DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 72, Pinellas Terrace, according to the map or plat thereof recoded in Plat Book 49, Page 52, Public Records of Pinellas County, Florida. (ANX 2002-08011) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Cork shall file certified copies of this ordinance, Including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. ' PASSED ON FIRST READING November 21, 2002 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sid's Assistant City Attarn1 Brian J, Aungst Mayor Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7038-02 23500 1Ei N TERRACE DRIVE fk Z349C 1774 23494 I00 0 60 `s0 r - 23491 I ..._.? "........-?--------•-•----_ 15 ..._.?- fj.°) Ei,k f! 5 7 36 ?!) 4311.1-•ttly I 331 7 1775 17711 1770 1'1111 9 A 73406 ' 2:1453 , d.. ------------------ 1. 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CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF CARDINAL DRIVE, APPROXIMATELY 470 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 72, PINELLAS TERRACE, WHOSE POST OFFICE ADDRESS IS 1737 CARDINAL DRIVE, UPON ANNEXATION INTO THE CITY OF CL EARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Pro pert Land Use Category Lot 72, Pinellas Terrace, according to the map or plat Residential Low (RL) thereof recoded in Plat Book 49, Page 52, Public Records of Pinellas County, Florida. (ANX 2002-08011) Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7038-02, and subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED November 21, 2002 Brian J. Aungst Mayor-Commissioner Appr ved as to form,;,_. ,r Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7039.02 y I':}, . FUTURE LAND LiSE PLAN MAP OWNER: Elizabeth Haun CASE: ANX 2002-08011 SITE: 1737 Cardinal Drive PROPERTY SIZE (ACRES): 0.19 ZONING LAND USE PIN: 05129/16/71'32/00010420 FROM: R-3/County Residential Low (RL) , ATLAS PAGE: 264A TO: LMDR Residential Low (RL) 5.11'Ia.+,wF 1)rputim.0C l1 0AAnn.. ?I++n,.5 f'?k AiiIrAANXI+RU 0+ I I I I 1 1717 Cso h"$ I A N AND Us1 out, p„1+ Ordinance No. 7039-02 Second Reading ORDINANCE NO. 7040-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS. OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF CARDINAL DRIVE, APPROXIMATELY 470 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 72, PINELLAS TERRACE, WHOSE POST OFFICE ADDRESS IS 1737 CARDINAL DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS,' the assignment of a zoning district classification asset forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Praeertx Zoning District Lot 72, Pinellas Terrace, according to the map Low Medium Density Residential or plat thereof recoded in Plat Book 49, Page (LMDR) 52, Public Records of Pinellas County, Florida. (ANX 2002-08011) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section '3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 703802. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-? r Assistant City Atty November 21, 2002 ' Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7040.02 /o N.":I— Z3496 23494 23492 234!16 23.130 23310 I I 1 I I J + 1 1 1 I 23106 I I r t I 64 I r I r I 13034 r -doo rv? ?.750J CP- 2 16 N TE RRACE DR IVE - W ? - 100 _ en ? ;o "? ? r7e5 15 (35 64 37 36 50 4B13-489 .53/02 1770 ----I--" 1775 - _ 17711 1779 _.. - 17711 9 ' 23.150 + , - -'-- - 14 'e}' 6 60 63 .i8 177 9 453s-1380 ---/T COVNtY C 1771 9772 1773 1772 10 I CI.EAHwl11Eh1 r 13 "" ? ? 1773 + I I --- r-- 67 6? p 39 © 17c7 1 33/03 ? 12A 1797 T 1766 1767 1768 ?/ 11 3/04 ; 3 r 1 I -. QI' 1758 © 6 9 ?- 1400 4535 39 . a 1 , 1 11 N 1759 176 , 1 !r"s r!F!LA ..- 1790 40 1761 33 1790 - A `^r I ' 33/052 - ' kY sunY _ 1761 5 a Ui23399 i ' 1721 1p1750 1751 69 60 41 32 !7$ 13 I 31 - 1754 ` 1754 O1 v? 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' 19 1673 2 I I r ' . r r - L M DR 3 1 1 1 ? ? lGS4 1955 o I 4-_?.. .._ I - r------- --- ?}3 W? „ ' --_____.__ __- r i OB L/ irnr 1637 _ 100 r0 100 n? , N 1 ZONING MAP OWNER: Elizabeth Haun _ ?_.- _.`______?-_? CASES ANX 2002-08011 SITE: 1737' Cardinal Drive PROPERTY 512E (ACRES): 0.19 _._..-_-- -• _---- ---.- . ZONING LAND USE 451281t8/7142a/DDD10?20 FROM: R-3/County Residential Low TO: LMDR Residential Low ATLAS >=AGEc 204A " .Ordinance Flo. 940-02 7 , , f. , t ? Second Reading f? ORDINANCE NO. 7041-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED 'ON THE EAST SIDE OF ELIZABETH AVENUE SOUTH, APPROXIMATELY 960 FEET NORTH OF GULF-TO-BAY BOULEVARD, CONSISTING OF THE EAST 135 FEET OF THE WEST980 FEET OF THE SOUTH 70 FEET OF THE NORTH 299.88 FEET OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER, TOGETHER WITH THE ABUTTING RIGHTOF-WAY, WHOSE POST OFFICE ADDRESS IS 155 ELIZABETH AVENUE SOUTH, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annet the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY CF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: East 135 feet of the west 980 feet of the south 70 feet of the north 299.88feet of the southwest one-quarter of the northeast one-quarter of Section 17, Township 29S, Range 16E, Public Records of Pinellas County, FL, together with the abutting righ?of-way. (ANX 2002-08012) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED P loved as to f November 21, 2002 Brian J. Aungst Mayor-Commissioner Attest: Leslie K. Dougall-Sid s Cynthia E. Goudeau Assistant City Attorney City Clerk Ordinance No. 7041-02 54? 81 LEEWARD 6 r n n 92 93 11$ 131 132 14E, 1 Iq 1?1 ISLE Ln r no d I O r3 IT n F,- -I-0-31 ] (1) rO u) [ t1 J [Er-- dj 12 L C I ' i , itt c me. 1 / 11 13 I v ? vac G?363-1386 131 VE A - 110 115 20 u1 138 137 138 237 338 336 • ri«srsl?or 135 1 - 17 rite trt 21 ?? : 13/12 136 Y135 236 235 336 334 _ 9 RVEY 233 234 133 1. 986 Mg 1 16 =3 201 22 f i i 134 '-" 133 234 S 233 334 332 231 S 232 131 1 zoo 11ii iii I r55 * 132 131 232 a 231 332 Q. 15 204 Q 205 23 ' r i 13 1?.1 I 130 330 229 129 t5 ROW co. 2956-240• 11811811 129 230 229 " 142n8 209 24 13/13 -13/14 128 127 228 (`? 328 227 127 1 tl an 126 125 225 325 326 ? 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L $47 ' 332 107 208 207 308 5 320 321 33 89-26 = „ 13/251 104 105 206 205 306 306 205 206 105 1 324 4 3x5 34 '? a w 1 3s513 2.7 to Y cc `380 102 2 0 4 243 3U4 304 203 204 G 1 p ., 13/28 ,,y E •- GO 3s1 WASH 0 7 2D1 302 302 201 1 5 35 400 407 ----- - 102 401 3/29 30 --- -- 36 13/30 407 \13/301 r 413 38 13/091 13/31 i ? 13/341 x 14 /03 1 37 13/32 13/33 i \ 14/04 ° q sn CO h H W O w m 2 1Mr 101 r 1 h n N 1 en n N a1 n N o o N 60 N N N N S.R. 60 GUL F TO BAY T PROPOSED ANNEXATION g OWNER: Dorothy Costa - CASE: ANx 2002-08012 } PROPERTY SIZE (ACRES): 0.22 SITE: 155 Elizabeth Avenue South IOW SIZE (ACRES): 02 _ . ZONING LAND USE PIN: 17/29116100000/13011210 FROM: A-E/County Residential Urban TO: LMDR Residential Urban ATLAS 2918 is PAGE: Exhibit A Ordinance No. 70+1-02 + 9 1 o { G ¦ Second Reading ORDINANCE NO. 7042-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF ELIZABETH AVENUE SOUTH, APPROXIMATELY 960 FEET NORTH OF GULF-TO-BAY BOULEVARD, CONSISTING OF EAST 135 FEET OF THE WEST 980 FEET OF THE SOUTH 70 FEET OF THE NORTH 299.88 FEET OF THE SOUTHWEST ONE QUARTER OF THE NORTHEAST ONE-QUARTER, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY, WHOSE. POST OFFICE ADDRESS IS 155 ELIZABETH AVENUE SOUTH, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City' as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City. of Clearwater is amended by designating the land use category .for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Pro?,erty Land Use Category East 135 feet of the west 980 feet of the south Residential Urban (RU) 70 feet of the north 299.88 feet of the southwest one-quarter of the northeast one-quarter, of Section 17, Township 29S, Range 16E, Public Records of Pinellas County, FL, together with the abutting right-of-way. (ANX 2002-08012) Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7041-02, and subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. PASSED ON FIRST READING November 21, 2002 Ordinance No. 7042-02 l2 S FUTURE LAND USE PLAN MAP Dorothy Costa CASE: ANX 2002-08012 F PROPERTY SIZE (ACRES): 0.22 5 Elizabeth Avenue South R.O.W. SIZE (ACRES): 0.02 m.o.l. ZONING LAND USE PIN: 17129116/000001130/1210 A-E/County FROM: Residential Urban (RU) ATLAS PAGE: 294A LMDR Residential Urban (RU) S:%j%nwnCDrimtoneflOCD MAnnr+e+.nne\GeeAier?e\n?+xirnio?o-ir tTl7Ceni.nAUettANPiISGn?ep?•?6 f•1rrlina+?nn mn 7n&?-n? Second Reading ?, 3 ORDINANCE NO. 7043-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF ELIZABETH AVENUE SOUTH, APPROXIMATELY 960 FEET NORTH'. ON GULF-TO-BAY BOULEVARD, CONSISTING OF EAST 135 FEET OF THE WEST 980 FEET OF THE SOUTH 70 FEET OF THE NORTH 299.88 FEET OF THE SOUTHWEST ONEL QUARTER OF THE NORTHEAST ONE QUARTER, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY, WHOSE POST OFFICE ADDRESS IS 155 ELIZABETH AVENUE SOUTH, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW, MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District East 135 feet of the west 980 feet of the south Low Medium Density 70 feet of the north 299.88 feet of the southwest Residential (LMDR) one-quarter of the northeast one-quarter, Section 17, Township 29S, Range 16E, Public Records of Pinellas County, FL, together with the abutting right-of-way. (ANX 2002-08012) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7041-02. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougal -Sid s ? ? . Assistant City Attorney November 21, 2002 Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No, 7043-02 0,v,.,,,. :. , 54'111/ 81 92) 03 7 C LEEWARD ISLE f _ _ ??? _ t+ . T ?E N 1 ? 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N to d ?N1 NS to to. to N I fQ 23 QQ N !?I NN GULF TO ZONING MAP OWNER: Dorothy Costa SITE: 166 Elizabeth Avenue South ZONING FROM: A- E/County TO: LMDR 324,. ? 318 217 316 215 314 213 209 308 207 306 205 304 203 302 201 14/03 BAY 224 123 7.22 ? A•f 117 216 115 214 113 212 111 210 109 208 107 206 105 204 in 12 12 12r 11 ]1 H 11: 11 10 10 10- 102 C C1 14/04 i4 N CASE: ANX 2002-08012 PROPERTY SIZE (ACRES):T022? ?ROW SIZE (ACRES): .02 LAND USE PIN; 17120/10/00000/130/1210 Resldentlal Urban_ Residonilal Urban -ATLAS 2©1B Ordimince No. 7043-02 = .. _ ...... i MOTION TO AMEND ORDINANCE NO. 7059-02 ON SECOND READING ' Amend Ordinance 7059-02 to change all occurrences of the term "Airport Advisory Board" to "Airpark Advisory Board" to correct a scrivener's error: On page 2, amend Section•2.084 and Section 2.085 to read as follows: Sec. 2.084 Powers and duties i The Airpark Airport Advisory Board shall initiate studies and make 4 recommendations on airpark a!93e# matters of the Csity to the CGity Ceommission and shall be responsive to the CGity Ceommission on air park aim matters referred to the board by the Ceity. Sec. 2,085 Advisory Board of City This board shall act'as an advisory board of the CGity pertaining to airpark air-pert matters. r Aaulic r Hull for Pamela K. Akin City Attorney December 5, 2002 ,4 1 i Second Reading ORDINANCE NO. 7059-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE AIRPORT AUTHORITY; AMENDING CHAPTER 2, ARTICLE III, DIVISION 2, CODE OF ORDINANCES TO REPLACE THE TITLE "AIRPORT AUTHORITY" WITH "AIRPARK ARPORT ADVISORY BOARD"; AMENDING SECTIONS 2.081 THROUGH 2.085 PROVIDING CLARIFICATION ON THE RENAMED BOARD'S DUTIES AND POWERS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the proposed amendments are necessary to more effectively and efficiently carry out the duties and powers of the board; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF. THE CITY OF CLEARWATER, FLORIDA: Section 1. Chapter 2, Article lil, Division 2, Code of Ordinances, is hereby amended Airpark AiFpert Advisory Board. Sections 2.081 through 2.085, Code of Ordinances, is amended as follows: Division 2 Airpark Airport Advisory Board Sec. 2.081 Creation There is hereby created an Airpark Airpert Advisory Board. (Code 1980, § 22.80; Ord. No. 5097, § 1, 5-16-91) Sec. 2.082 Composition Definitions The Airpark Airpsrt Advisory Board shall consist of five members. Others may be appointed in ex officio capacity in order to obtain technical expertise unavailable locally. (Code 1980, § 22.81; Ord. No. 5097, § 1, 5-16-91) Cross References: and rules of construction generally, § 1.02. Sec. 2.083 Terms of members. Members of the Airpark A+rpsFt Advisory Board shall have four year staggered terms, staggered such that, not more than two terms shall expire in any calendar year. Ordinance No. 7059-02 (Code 1980, §§ 22.82,,22.84; Ord. No. 5097, 5-16-91; Ord. No. 6587-94, § 1, 6-2- 94) Sec. 2.084 Powers and duties The Airpark Airpe# Advisory Board' shall initiate studies and make recommendations on air ark airper-t matters of the Csity to the Csity Csommission and . shall be responsive to the Csity Csommission"on airpark airpo? matters referred to the' board by the- Ceity. (Code 1980, § 22.83; Ord. No. 5097,.§ 1, 6-16-91) Sec. 2.085 Advisory Board of City This board shall act as an advisory board of the Csity pertaining to air park aifPGA matters. 'Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING November 21. 2002 PASSED ON SECOND AND FINAL .' READING AND ADOPTED Approved as to form: j. •? 1 Bryan• . Ruff Assistant City Attorney Brian.J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 7059-02 mn A. 0 L BB N `0 n . V 0. b $ 47 .. m V f a N ca h N 0 a i CL ? wi gi g g g S , ???? ?' d c 2 N a^ m o m Z Z Z Z , 1 z a`1 C 16 CSC ?? ? ? ? 'C 9 P?rR? a 0 C I 1 1 m E 3 L 3 8 a f PA `r N Clearwater City Commission Agenda Cover Memorandum 146's -Y ??? y Find Agenda Item # :26 Meeting Dale: 12105102 SUBJECT/RECOMMENDATION: Designate Mt. Carmel Community Development Corporation, Inc., a Community Housing Development Organization (CHDO) as per the federal HOME Investment Partnership Program regulations as contained in 24 CFR Part 92, so as to allow them to conduct activities In accordance with program requirements and as outlined in their City of Clearwater CHDO Agreement, Approve the City of Clearwater CHDO Agreement with Mt. Carmel Community Development Corporation in the amount of $77,100. and that the appropriate officials be authorized to execute same. SUMMARY: Mt. Carmel Community Development Corporation (CDC), Inc., applied in June of this year to be designated as a CHDO as per the federal HOME regulations (24 CFR Part 92) and guidelines incorporated by the City. Mt. Carmel CDC was formed in 1997 as an affiliate of Mt. Carmel Church and is a Florida 501(c)(3) nonprofit organization. Their offices are located in the North Greenwood area of the City. Nearly half of Mt. Carmel CDC's board is made up of community residents, business owners and elected representatives of the neighborhood. Mt. Carmel CDC has accomplished two projects to date -- the rehabilitation of their media-library and computer-learning lab to the west of the church and the development of the educational center to the north. With the assistance of the City's HOME funds Mt. Carmel's first housing project planned is the construction of a multifamily elderly rental community consisting of approximately 15 units (+/-) in the N. Greenwood Community. Mt. Carmel CDC applied for HOME funds during this year's Consolidated Action Plan process and was successful iri being awarded a $260,000 allocation for a portion of the development costs of the proposed rental community. Mt. Carmel CDC is now working to secure other financing sources for the proposed rental community. The CHDO funds, along with the HOME allocation will enable Mt. Carmel to begin the design and engineering work necessary for this development. Mt. Carmel is also in the process of acquiring the necessary land where the proposed development will be constructed. The HOME funds will come from the FY2001-02 set-aside of $77,100. Reviewed by; Originating Dept a . Costs $77e100___ Legal Info Tech NA Eco. Developmen & ousing Tola) Budget PubiIc Works N User Dept. Funding Source: HOME Purchasing DCM/ACM L Capital Uuprovewen! Risk'Mgmt NA Other NA Attachments: Olwr,li"s 01her Appropriation Code: Submitted by: t$ None 684-07200-54BOOD-554-000 i+Cit Mana er Printed on recycled paper Rev. 2100 CITY OF CLEARWATER, FLORIDA AND MT. CARMEL COMMUNITY DEVELOPMENT CORP. OF CLEARWATER, INC. COMMUNITY HOUSING DEVELOPMENT ORGANIZATION AGREEMENT THIS AGREEMENT ("Agreement"), made and entered into this First day of December, 2002, by and between the City of Clearwater, Florida, a municipal corporation existing by and under the laws of the State of Florida, herein after referred to as the "City", and Mt. Carmel Community Development Corporation of Clearwater, Inc., a not-far-profit corporation organized under the laws of the State of Florida, herein after referred to as the "Mt. Carmel CDC: WHEREAS, the City is the recipient of a HOME Investment Partnership Program (HOME) Grant from the U.S. Department of Housing and Urban Development (HUD) pursuant to Title II of the Cranston- Gonzalez National Affordable Housing Act of 1990, as amended, 42 U.S.C. 12701 et seq. (HOME Program), codified and implemented by 24 CFR Part 92; and WHEREAS, under the provisions of the Act, the City is required to set-aside at least 15% of its HOME Investment Partnership Program entitlement allocation to organizations that meet the requirement for Community Housing Development Organizations (CHDOs"), as specified by the HOME Program, for the CHDO to own, develop or sponsor housing for families at or below 80% of the area median income; and WHEREAS, the Mt. Carmel CDC has met the requirements established by the federal government and has been certified as a CHDO by the City, pursuant to the National Affordable Housing Act of 1990, as amended; and WHEREAS, the City and the Mt. Carmel CDC desire to sign an agreement which sets forth terms and conditions for the use and acceptance of the unexpended FY2001.02 HOME Program CHDO Set Aside funds;'and NOW THEREFORE, in. consideration of the promises and covenants contained herein, the parties hereto agree as follows: PART I - SPECIFIC TERMS AND CONDITIONS A. Source and Use of Funds I. Sources of Funds: The sole source of funding from the City for payment of services performed under this Agreement is the HOME Investment Partnership Program entitlement provided to the City by HUD. Mt. Carmel CDC agrees that in the event that the HOME Investment Partnership Program entitlement is reduced or withheld HUD, the City shall not be liable for payment of contracted services from any City fund other than the HOME Investment Partnership Program entitlement, in which case Mi. Carmel CDC further agrees that the maximum sum payable under this Agreement may be reduced by the City. In the event the MUD determines that the City or the Mt. Carmel CDC have not fulfilled their obligation under the HOME Investment Partnership entitlement requirements, or the City determines that Mt. Carmel CDC has not fulfilled its obligation under the HOME Investment Partnership Program requirements, and/or HUD or the City demands reimbursement of expenses paid under this Agreement, Mt. Carmel CDC shall provide said reimbursement from non-federal sources within ten day of said notice form City. Funding in this agreement include $77,100 from the FY 2001-02 HOME Program CHDO Set-aside. Mt. Carmel CDC further ackniowlcdges that this Agreement is necessary to comply with the requirements of 24 CFR Part 92 - HOME Investment Partnership Program and incorporated herein by reference, which is the source of funds provided under this Agreement; and agrees that it will comply with; and will require all subcontractors, subgrantees and assigns to comply with all terms and conditions of said 24 CFR Part 92 and this Agreement, as amended. It shall be Mt. Carmel CDC's responsibility to insure that it has the latest .version of all applicable laws and regulations in its possession so as to be able to comply with their provisions. 2. Use of Funds: In consideration of HOME Investment Partnership Program entitlement funding allocated by the City, Mt. Cannel shall operate the programs and specific activities described in the Mt. Carmel CDC's Proposal (Work Program and Budget), attached hereto as Exhibit A & B and incorporated herein by reference. Mt. Carmel CDC shall utilize its HOME allocation as an.owner- developer to provide housing for families at or below 80% of the area median income in accordance with policies established by HUD and therefore shall: a. HOME funds provided to this project will be used for demolition, acquisition of real property, developers fees, and other prcdevelopment costs as identified in Appendix A of this agreement for properties to be determined and build a new rental apartment building. The number of ' housing units to be determined: b. Project shall be implemented in accordance with this agreement and declaration of restrictive covenants; and B. Prograin Requirements Mt. Carmel Community Development Corporation of Clearwater, Inc. shall comply with all requirements of 24 CFR Subpart F pertaining to affordable housing including, but not limited to, the following: 1. Minimum/Maximum Per Unit Subsid Nalue: The minimum pre-unit subsidy amount for HOME Investment Partnership Program entitlement funds invested shall not be less than One Thousand dollar ($1,000). The maximum per-unit subsidy/value of units assisted with HOME funds shall not be no more than the per-unit dollar limit established for mortgages insure under Section 221 (d)(3)(ii) of the National Housing Act for the Tampa-Clearwater-St. Petersburg metropolitan area. 2. ffo dabili P ri od: Rental units shall provide affordable housing to low- and moderate- income households for the following minimum affordability periods. Activity Average Per-Unit HOME S Minimum Affordability Period Investment Rehabilitation or Acquisition of C$15,000/unit 5 years Existing Housing $15,000-40,0001unit 10 years >$40,000/unit 15 ears Refinance of Rehabilitation Any dollar amount 15 years Pr 'ect New Construction or Acquisition Any dollar amount 20 years of New Housing 3. Inco to Restrictions Mt. Carmel CDC maintains that the homebuyer of the newly constructed single-family home income shall not exceed 80 percent of the area median income. Mt. Carmel CDC shall be responsible for determining and verifying the income eligibility of the HOME tenants. Mt. Carmel Community Development Corporation shall determine the income by using the Section 8 Program definition of annual gross income and shall verify the income through third party verifications. 4. Duration of Restrictions: the provisions of 24 CFR Subpart F, as it may be amended, shall survive termination of this contract for any reason. 5. Housing Duality Standards: Mt. Carmel CDC maintains that all new and rehabilitated units shall meet all applicable local codes, rehabilitation standards, and ordinances, in accordance with 24 CFR Part 92.251; as well as the Model Energy Code published by the Council of American Building Officials (newly constructed units), the Southern Building Code, the accessibility requirements of the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973 or the Cost Effective Energy Conservation and Effectiveness Standards in 24 CFR Part 39 (substantially rehabilitated units, defined as having a rehabilitation cost of greater than or equal to $25,000). Mt. Carmel CDC shall maintain all rehabilitation work funded under this Agreement is performed by properly licensed and qualified contractors in accordance with applicable state, county and city laws and codes and that all rehabilitation work requiring a construction permit. 6. Housing Inspections: Mt. Carmel CDC maintains that all units assisted with HOME funds are decent, safe and sanitary and meet the general conditions listed in Section 6 of this agreement. Further, Mt. Carmel CDC agrees that it will make all records and property assisted with HOME funds available for inspection within a reasonable period. Throughout a rental project's period of affordability, the City shall make inspections of the HOME assisted units, at a minimum based upon the table listed below: Number of HOME Units Inspection Required 1-4 Eve 3 ears 5-25 Eve 2 ears 26 or more Annual/ 7. Site Sensitivity: Mt. Carmel CDC maintains that it will not undertake any activity that may adversely affect historic or environmentally sensitive sites; and to mitigate any findings identified in the environmental checklist. The City shall be responsible for ensuring the proposed projects meet the requirements listed in 24 CFR fart 58. 8. Property Management: Mt. Carmel CDC maintains that it will furnish the City an updated inventory listing of property purchased in whole or in part from funds provided under this Agreement within fifteen (15) days of the date of any new acquisition. Mt. Carmel CDC shall be responsible for the maintenance and upkeep of all such property and maintain sufficient insurance to cover the cost of replacement. 9. Audit: The Mt. Carmel CDC maintains that it shall at any time during normal business hours and as often as the City and/or Comptroller General of the United States and/or any of their duly authorized representatives may deem necessary make available for examination all of Mt. Carmel CDC's records, books, documents, papers, and data with respect to all matters covered by this Agreement and shall permit the City and/or the Comptroller General to audit and examine all books, documents, papers, records and data related to this Agreement. C. Method of Payment 1. IEundinr Allocation: Both parties agrees that the total compensation to be paid hereunder for actual expenses incurred shall be no more than SEVENTY SEVEN THOUSAND ONE HUNDRED DOLLARS ($77,100). The City hereby acknowledges that the funds provided shall be derived as the 15% CHDO sct-aside through the FY200I -02 HOME Program in the amount of $77,100. The funds will be expended in accordance with the terms and conditions of the agreement: Funds reserved for Mt. Carmel CDC may increase or decrease, subject to production standards. Any remaining funds shall revert to the City or other City approved agency. Such compensation shall be paid in accordance with the projected accomplishments and budget descriptions attached hereto and made a part hereof as Exhibit A. D. Return on Investment 1. CHDO Proceeds: Funds provided to this activity shall not be considered program income and shall not be returned to the City once the property is rented. Recaptured Funds;, Funds recaptured because housing no longer meets the affordability requirements under 24 CFR Part 92.254 arc subject to the requirements of Part 92, and must be properly identified and deposited in the Mt. Carmel CDC's HOME Account for use for additional HOME eligible projects. Recaptured fiumds must be used prior to drawing down of additional HOME Investment Partnership entitlement funds from the City under this Agreement. Mt. Carmel CDC is required to submit an annual report by October 15th of every given year that identifies the current unit tenant, and affordability period for all previously HOME assisted projects detailed in Part 1, Section F.2 of this Agreement, in order to determine continued compliance with the affordability requirements. E. Project Approval Process Mt. Carmel CDC shall submit a completed project proposal package to the City which includes all of the documents referenced in the Procedures Manual and demonstrates compliance with Mt. Carmel CDC HOME regulations stated in the Final Rule, 24 CFR Part 92 prior to City approval of the project. Upon complete submittal of die project proposal package, the City shall respond to project proposals in writing within fifteen working days. Closings on proposed acquisitions shall not be scheduled prior to project approval by City. F. Program Evaluation and Monitoring 1. Pr?rn Goals: The annual performance under this Agreement shall be measured against the . program goals set forth in Mt. Carmel CDC's Project Schedule (Exhibit B).- 2. Program Monitoring: The City has the right to monitor and evaluate all aspects of activities carried out by Mt. Carmel. Such evaluation will be effected by the submission of reports and information by Mt. Carmel CDC and monitoring visits of Mt. Carmel CDC by City. The City will conduct biannual monitoring/site visits throughout the current contract year. Contractual requirements related to inspections, reports, and records include, but are not limited to: Program Records. Mt. Carmel CDC shall maintain monthly bank statement of Mt. Carmel CDC's HOME Account, records, reports, data and information as may be required by HUD in 24 CFR Part 92.508 or the City pertaining to matters of this Agreement. 3. Proiect Files: Mt. Carmel CDC shall maintain accurate individual project files with detailed records of each property, including: 4 a. Acquisition, construction or renovation costs and operating costs attributed to a project, identifying direct assistance funded through the HOME Investment Partnership fund, CHDO Proceeds, project revenue or other sources; b. A copy of the executed note and mortgage on the property; c. Sct-up/Completion reports on the property. Completion reports must be submitted to the City within sixty (60) days of rehab/construction and lease-up completion. d. Mt. Carmel CDC's - annual report verifying ownership and household income for each completed HOME Investment Partnership entitlement assisted unit throughout the affordablc term; and e. Documentation . substantiating compliance with Equal Opportunity, Fair Housing and Affirmative Marketing, and other contractual requirements. Mt. Carmel CDC shall maintain a surnmary of this information and shall submit this information to City upon request. These records shall also be made available to HUD and/or representatives of the Comptroller General of the United States for audit, inspection or copying purposes during normal business hours. 4. Activities -Report: A monthly report shall be completed on the forms, attached hereto as Exhibit "C", and shall be submitted be the tenth working day of each month, summarizing HOME funded, and other low-income housing activities during the previous month and also during the fiscal year- to-date. This report shall detail property acquisition, rehabilitation project status, sale of property, CHDO Proceeds and description of the fund activity in Mt. Carmel CDC's HOME account. This report must include a monthly bank statement of the HOME Account and copies of prior month checks written against this account. 5. Records Retention: Mt. Carmel CDC shall retain all records pertaining to this Agreement, including but not limited to financial, statistical, property and programmatic records, for five (5) years from the last day of the City's fiscal year (September 30'h) in which this Agreement expires, five years after the affordability period or is terminated. All records, however that are subject to audit findings shall be retained for five (5) year in the manner prescribed above or until an ongoing audit is completed and all issues raised by the audit are resolved, whichever is later. Nothing herein shall be construed to allow destruction of records that may be required to be retained longer by federal, state or local law. These records shall also be made available to HUD and/or representatives of the Comptroller General of the United States for audit, inspection or copying purposes during normal business hours. 6. Reversion of Assets: Mt. Carmel CDC certifies that immediately upon the earliest of. 1) the event of default under the terms and conditions of this Contract; 2) dissolution of Mt. Carmel CDC; 3) the termination of any program described herein; or 4) the expiration or termination of this Agreement, if said Agreement is not renewed or extended, any HOME Investment Partnership entitlement funds remaining in the Mt. Carmel CDC's HOME Account, repayments of all loans, proceeds from (lie sale of property and title to property that has been purchased, newly constructed, and/or rehabilitated with HOME funds and not yet leased, accounts receivable, and/or proceeds or assets attributable to the use of the HOME Investment Partnership entitlement funds, shall revert to the City. Mt. Carmel CDC further stipulates that in the event that non-expendable personal property purchased under this Agreement is sold during the term of this Agreement or for one.year received by Mt. Carmel CDC at any time after contract expiration, any income from the sale shall be returned to the City within ten (10) days of sale. In the event that the balance of funds held in Mt. Carmel CDC's HOME Account combined with the proceeds from sale of the above mentioned HOME funded personal property, is not sufficient to repay HOME Investment Partnership entitlement funds drawn by Mt. Carmel CDC on open HOME projects, Mt. Carmel CDC must provide a written. explanation to the City at least 20 working days prior to the sale of any CHDO property. 5 G. Time of Performance 1. Annual CHDO Recertification. The CHDO Recertification documentation shall clearly demonstrate that the CHDO continues to meet the definition of a CHDO, and shall be submitted to the City by October 15, 2003, or the City may decline to recertify and decline to renew this Agreement. 2. Commencement and Term. Services described in this Agreement shall commence on December 1, 2002 and shall continue in effect through November 30, 2003. This Agreement may be subject to renewal, through December 31, 2004, only if the Mt. Carmel CDC has been recertified according to Part I, Section H, Paragraph 1, and has made significant progress toward the performance of the goals stipulated in the Work Program 3. Reallocation of Funding, Upon consideration of renewal of this Agreement, the City shall evaluate the performance of Mt. Carmel CDC in comparison to the goals defined in the Work Program. In the event that there is no activity toward these goals, the City has the right to divide the funding stipulated in this Agreement among other qualified CHDOs. PART II -- GENERAL TERMS AND CONDITIONS l . Religious Organizations: As partial consideration of receipt of funds under this Agreement: a. Mt. Carmel CDC shall not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; b. Mt, Carmel CDC , shall not discriminate against any person seeking assistance from the ` Mt. Carmel CDC on the basis of religion and will not limit services or give preference to persons on the basis of religion; c. Mt, Carmel CDC shall provide no religious instruction or counseling, conduct no religious workshops or services, engage in no religious proselytizing, and exert no other religious influence on any client or employee of Mt. Carmel CDC; d. No property from which services are provided under this Agreement shall, contain religious symbols or decoration or the term of this Agreement and the term of any mortgage and/or promissory notes issued pursuant to this Agreement; and e. Mt. Carmel CDC shall include subparagraphs A-D, above, in any subcontracts pursuant to this Agreement. 2. Other Program Requirements: Mt. Carmel CDC shall comply with all requirements of 24 CFR .. Subpart H, but not limited to, the following": a. Equal Opportunity. Inc order to maintain statistical data on the use and participation of minority and women owned business enterprises as contractor/subcontractors in HOME Program contracting activities, Mt. Carmel CDC shall be required to identify projects which have been bid by, and contracted and/or sub-contracted to minority owned, women owned, and/or small or disadvantaged businesses, by project dollar value, Mt. Carmel CDC shall provide certification of compliance with all federal requirements under equal opportunity legislation including, but limited to the following: 6 b. The requircments of fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part 100; Executive Order 11063, as amended, (Equal Opportunity in (.lousing) and implementing.rcgulations at 24 CFR Part 107; and title V1 of the Civil Rights Act of 1964 (U.S.C. 2000d) (Nondiscriminalion in Federal Assisted Programs) and implementing regulations issued at 24 CFR Part 1; c. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C.6101-07) and implementing regulations at 24 CFR Part 146, and the prohibitions against discrimination against handicapped individuals under section 50 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; d. The requirements of Executive Order 11246 (Equal Employment Opportunity) and the implementing regulations issued at 41 CFR chapter 60; e. Section 3. Any contract exceeding $200,000 and any subcontract exceeding $100,000 shall comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. CONTRACTOR shall comply with HUD's Regulations in 24 CFR Part 135, which implement Section 3, and shall include the following clause (referred to as the Section 3 clause) in all subcontracts resulting from the commitment of funds under this Agreement: f. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low and very low-income persons, particularly persons who are recipients of HUD assistance for housing. g. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties of this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. h. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous place at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job title subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. L The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135 and agrees to take appropriate action, as provided in an applicable provision of the subcontractor or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulation in 24 CFR Part 135. j. The contractor will certify that any vacant employment positions, including training positions that are filled after the contractor is selected but before the contract is signed. The contractor will certify that employment oppoitunitics to be directed were not filled to circumvent the contractor's obligations tinder 24 CFR Part 135. k. Noncompliance with HUD's regulations in 24 CPR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from further HUD assisted contractors. L. The requirements of Executive Order 11625 (concerning Minority Business Enterprise), and 12138 (concerning Woman's Business Enterprise). Consistent with HUD's responsibilities under these orders, each applying entity must make efforts to encourage the use of minority and women business enterprises in connection with HOME funded activities. Any applying entity must prescribe procedures acceptable to City to establish activities it use to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women. To encourage the use of women and minority owned businesses in bids for the Program, the City will provide on request the latest list of such businesses. , 3. Fair Housing/Aflin-nalive Marketing. Mt. Cannel CDC shall comply with all United States Department of Housing and Urban Development and City of Clearwater Fair Housing and Affirmative Marketing requirements and policies, as set forth below: a. Mt. Carmel CDC shall be required to use affirmative fair housing marketing practices in soliciting clients, determining eligibility and concluding transactions, and affinriatively further fair housing efforts according to CFR Part 570.904(c). b. Mt. Carmel CDC shall solicit applications for vacant units from persons in the housing market who are least likely to apply for the rehabilitated or new housing without benefit of special outreach efforts. Persons who are not of the race/ethnicity of the residents of the neighborhood in which the rehabilitated building is located shall be considered those least likely to apply. c. Mt. Carmel CDC advertising of vacant units must include an equal opportunity logo or statement, to be provided by City. Advertising media may include newspapers, radio, television, brochures, leaflets, or a sign on the property. Mt. Carmel CDC may use community organizations, places of worship, employment centers, fair housing groups, housing counseling agencies, social service centers or medical service centers as resources for this outreach. d. Mt. Carmel CDC must maintain a file containing all marketing efforts (i.e. copies of newspaper ads, memos. of phone calls, copies of letters, etc.) to be available for inspection on request by city. c. Mt. Carmel CDC shall maintain a listing of all families residing in each unit. City will assess the affirmative marketing efforts of Mt. Carmel CDC by comparing predetermined occupancy goals (based on the area from which potential families will come). f. City will?also assess the efforts of Ml. Carmel CDC during the marketing of the units by use of a compliance certification or personal monitoring visit to the project at least annually. g. ' Those participating entities requesting HOME Investment Partnership entitlement funds for developments containing 5 or more units must provide a description of intended actions that will inform and otherwise attract eligible persons from all racial, ethnic, and gender groups in the housing market to the, available housing, lit such cases, Mt. Carnet CDC must provide City with an annual assessment of the affirmative marketing program. Said assessment must include: h. Methods used to inform the public and potential owners about federal fair housing laws and affirmative marketing policy (Le, the use of the Equal housing Opportunity logotype or slogan in print advertising),- i. Methods used to inform and solicit applications from persons in the housing market who are not likely to apply without special outreach; j. Records describing actions taken by (lie participating entity and/or owner to affirmatively market units; and records to assess the results of these actions. 4. Anti-displacement. Mt. Carmel CDC shall not cause permanent displacement of current residents under the terms of this Agreement; shall inform sellers of property of the fair market value of such property, and that Mt. Carmel CDC or buyer does not have the power of eminent domain and will not acquire the property unless a mutually agreeable price can be negotiated; and shall not acquire any property that would result in the displacement of existing tenants. Mt. Carmel CDC further agrees that if involuntary or economic displacement occurs as a result of Mt. Carmel CDC actions, Mt. Carmel CDC shall bear all the costs of relocation under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979, as amended, and Section 104(d) of the Housing and Community Development Act of 1994, as amended. 5. Labor Standards. Projects to be constructed or rehabilitated which contain 12 or more HOME assisted units, shall comply with the Davis/Bacon Act, applicable provisions of the Contract Work Hours and Safety Standards Act, and other applicable federal laws and regulations pertaining to Labor Standards. 6. Lead-Based Paint. Housing assisted with HOME Investment Partnership entitlement funds constitutes HUD Assisted housing for the purpose of the Lead-Based Paint Poisoning Act and is therefore, subject to 24 CPR Part 35, and shall require each and every buyer of subject Properties to execute the "Watch Out for Lead Based Poisoning" Notifications. All such executed Notifications shall be maintained in Mt. Carmel CDC's project file and a copy submitted to City upon request. 7. Conflict 'of Interest. Mt. Carmel CDC as an owner -- developer of this project shall ensure that it, (or officer, employee, agent or consultant of the Mt. Carmel CDC) will not occupy any HOME assisted affordable housing units in the project. This provision does not apply to an individual who receives HOME funds to acquire or rehabilitate his or her principal residence or to an employee or agent of the Mt. Carmel CDC who occupies a housing unit as the project manager or maintenance worker. The City may provide an exception to the provisions listed above on a case-by-case basis when the City determines that the exception will serve to further the purposes of the HOME program and the effective and efficient administration of Mt. Carmel CDC's HOME assisted project. In order for the City to provide this exception, Mt. Carmel CDC must make a written request and the City will make its determination based on the following factors: (a) Whether the person receiving the benefit is a member of a group or class of low- income persons intended to be the beneficiaries of the assisted housing, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group. (b) Whether the person has withdrawn from his or her functions or responsibilities, or the decision-making process with respect to the specific assisted housing in question; (c) Whether the tenant protection requirements of Section 92.53 are being observed. (d) Whether the affirmative marketing requirements of Section 92.351 are being observed and followed; and (e) Any other factor relevant to the city's determination, including the timing of the requested exception. 8. Debarment and Suspension. Mt. Carmel CDC attests that it has not been debarred, suspended, proposed for debannent, or ineligible from participating in federally funded projects, and 9 acknowledges that it shall not employ, award, or fund any contractors or subcontractors that have been debarred, suspended, proposed for debarment, or ineligible from participating; in the federally funded projects. 9. Flood Insurance. In the event that properties are located in a Flood Zone, this Agreement is predicated upon Mt. Carmel CDC certifying that either the cost of rehabilitation necessary to meet all applicable codes and standards does not exceed 50 percent of the appraised value of the property improvements, or that the lowest habitable floor level is at or above the allowable flood level based upon a valid survey, prepared by a licensed surveyor. If projects can be financed with HOME Investment Partnership entitlement funds as a result of compliance with either of these requirements, buyers shall -maintain flood insurance fer full replacement value as required by mortgagees. 10. Lobbying Prohibited. Mt. Carmel CDC certifies, to the best of it's knowledge or belief, that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of Mt. Carmel CDC, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any fcderal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any fcderal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing • or attempting to influence an officer or employee of any agency, a member officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, Mt. Carmel CDC shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, with a copy of said submittal provided to City within ten (10) day of submission. c. Mt. Carmel CDC shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $ 10,000 and not more than $100,000. 11, Enforcement. City shall have the following powers to enforce this Agreement. All transactions and related documents must be pre-approved by the City to assure compliance with all provisions of 24 CFR, Part 92. City may enforce this Agreement through termination, as follows: 12. Termination of Contract for Cause. If, through any cause, either party shall fail to fulfill in a timely and proper manner its obligation under this Agreement, or shall violate any of the covenants, agreements, or. stipulations of this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to said party of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, assets shall become the property of the City in accordance with Part 1, Section F, Paragraph 3 of this Agreement. Notwithstanding the above, Mt. Carmel CDC shall not be relieved of liability to the City for damages sustained by the City by virtue, of any breach of this Agreement by Mt. Carmel CDC. Tile City may withhold any payments to Mt. Carmel CDC for the purpose of set-off until such time as the exact amount for damages due to the City from Mt. Carmel CDC is determined. 10 a,__, .. .... -,. 13. Force_ Majcures This Agreement may not be so terminated if the failure to perform rises from unforeseeable causes beyond the control and without the fault or negligence of either party. Such causes may include, but arc not restricted to acts of God, acts of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes and unusually severe weather; but in every case the failure to perform must be beyond the control and without the fault and negligence of either party. In the event of default, lack of compliance or failure to perform on the part of NIL Carmel CDC, City reserves the right to exercise corrective or remedial actions, to include, but not necessarily be limited to: 'Requesting additional information from Mt. Carmel CDC to determine reasons for, or extent of noncompliance or lack of performance; issue a written warning advising Mt. Carmel CDC of deficiency and advising Mt. Carmel CDC that more serious sanctions may be taken if situation is not remedied; advise Mt. Carmel CDC to suspend, discontinue or not incur costs for activities in question; withhold payment for services provided; or require Mt. Carmel CDC to reimburse City for amount of costs incurred for any items determined ineligible. 14. Termination for Convenience. City may terminate this Agreement at any time, by giving written notice to Mt. Carmel CDC of such termination and specifying tike effective date of such termination, at least fifteen (15) days before the effective date thereof. In that event, assets shall become the property of the City in accordance with Part I, Section F, paragraph 3 of this Agreement. If this Agreement is terminated by City as provided herein, Mt. Carmel CDC will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of Mt. Carmel CDC covered by this Agreement, less payments of compensation previously made. 15. Assignment and Subcontracting. Mt. Carmel CDC shall not assign or otherwise transfer any interest in this Agreement nor enter into any subcontract pursuant to this Agreement without submitting said proposed subcontract to the City and without the prior written approval of the City of the proposed subcontract. All federal requirements of this Agreement shall be applicable to any subcontracts entered into under this Agreement and it shall be Mt. Carmel CDC's responsibility to ensure that all federal requirements are included in said subcontracts and that all subcontractors abide by said requirements. City shall have the right to withhold approval at its sole discretion. 16. HUD Requirements: Unearned payments under this Agreement may be suspended or terminated upon refusal to accept any additional conditions that may be imposed by HUD at any time. 17. Hold Harmless: Mt. Carmel CDC shall defend, indemnify and hold the City and all of its officers and employees, including but not limited to members of the Clearwater City Commission, harmless from and against all costs, expenses, liabilities, suits, claims, losses damages, and demands of every kind or nature, by one or on behalf of any person or persons whomsoever or whatsoever arising out of or in any matter resulting from or connected with any accident, injury, death or damage which may happen during the time period covered by this Agreement for services under the administration and direction of said Mt. Carmel CDC will defend any actions or suits brought against the City by reason of Mt. Carmel CDC's failure or neglect in complying with any of the conditions and obligations of this Agreement, or any tort liability arising out of actions of Mt, Carrhhel CDC or any of its agents or subcontractors. 18. Construction Banding and Insurance: All construction contracts or subcontracts over $100,000 let as the result of this Agreement shall include the following requirements: a) a bid guarantee, such as a bid bond, cashier's check br certified check, from each bidder equivalent to five percent of the bid price; b) a performance bond for 100 percent of the contract price, and c) a payment bond for 100 percent of the contract price. All such bonds obtained must be from companies listed in Treasury Circular 570, and provided to City prior to commenecment of construction. 19. Insurance: Mt. Carmel CDC shall maintain insurance coverage in form and amount deemed adequate by the City for all risks inherent in the functions and aspects of its operation including but not limited to risks of fire, casualty, automobile liability coverage, workmen's compensation insurance as required by law, and public liability insurance for personal injury and property damage. a. As n minimum, Mt. Carmel CDC shall maintain public liability insurance including contractual liability coverage with a combined single limit of $1,000,000 and automobile liability insurance with coverage including $100,000 personal liability, $300,000 for any single incident and $50,000 property damage. Property casualty and flood insurance must be maintained in an amount equal to the replacement value of the property. b. City as an Additional Insured. Mt. Carmel CDC shall have the City named as additional insured under the coverage provided by all policies required by this Agreement, with the exception of workmen's compensation insurance. The City shall be afforded the same notice as the named insured in the event of cancellation of any policy by an insurance company. c. Certificates of Insurance. Mt. Carmel CDC shall submit to the City, prior to the distribution of any funds under the Agreement, proof of insurance coverage which shall consist of a copy of all policies evidencing such coverage. The City reserves the right to request proof that the insurance premium for such policies effective during the term of this Agreement has been paid. 20. CoyAghts and Patents: If this Agreement results in a book or other copyright materials or patent materials, Mt. Carmel CDC may copyright or patent such, but City and the United States Government reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use such materials and to authorize others to do so. 21. Notification. All notices, requests, demands or other communications hereunder shall be in writing and shall be deemed to have been served as of the postmark appearing upon the envelope if sent by the United States mail, at the address listed below, or upon the actual date of delivery if hand delivered to the address listed below. Either party may change the below listed address at which be receives written notices by so notifying the other party hereto in writing. ADDRESS OF CITY: ADDRESS OF MT CARMEL CDC: City of Clearwater Mt. Carmel Community Development Corp. of Housing Division Clearwater, Inc. Post Office Box 4748 (if mailed) 1014 Pennsylvania Avenue. 112 South Osceola Avenue (if delivered) Clearwater, FL 33755 Clearwater, Florida 33758 Should any section or any part of any section of this Agreement be rendered void, invalid or unenforceable by any court of law, for any reason, such as determination shall not render void, invalid, or unenforceable any other section or any part of any section in this Agreement. 22. Modification: No oral agreement or conversation with any officer, agent or employee of the City, either before or after execution of this Agreement shall affect or modify any of the terms or obligations contained in this Agreement. Any such oral agreement or conversation shall be considered as unofficial information and in no way binding upon the City. This Agreement shall not be modified except in writing signed by authorized representatives of both parties. 23. Non-Waiver: No forbearance on the part of either party shall constitute a waiver of any item requiring performance by the other party hereunder. A waiver by one party of the other party's performance shall not constitute a waiver of any subsequent performance required by such other 12 11 f IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by lbeir duly authorized oliicials on the day and date first above indicated. MI. Carmel Community Development Corporation, Inc. By President .: .., ? .. Date ? ATTEST: Secretary Date Countersigned:, CITY OF CLEARWATER, FLORIDA, ' By! ?- Brian J. Aungst William B. I-lame, 11 Mayor-Commissioner City Manager Approved as to form: Attest: ;,1 .. _,,g yan . Ruff Cynthia E. Goudeau Asst stifnt City Attorney City Clerk P 14 s= EXHIBIT "A" ' ADO BUDGET : Project: Elderly Rental Community - N. Greenwood Project Management $ 23,000.00 ' Training $ 41000.00 Site Control 12,100.00 ! $ PreIiminary'Architectural & Engineering., $ 51000.00 Legal Services $ ' 5,000.00 Environmental $ 51000.00 . Demolition $. 101000.00 E;a Site Survey $ 31500.00 Preliminary Site Plan $ 51000.00 Accounting $ 31000.00 ! ' " r Community Meetings $ 1,500.00 $' 77100.00 '. 11/7/2002 EXHIBIT "B" Provider's Estimated Program Implementation Schedule punned holernerntation Dec- Jan- Feb Mar Apr May Jun . Jui - Augt ; Sep Oct _Nov 1) Land Acquisition X X X X 2) Due Diligence - X X. X X. 3) Site Design X. X X. 4) Rezoning x X X X 5) Architectural &- Engineering X. X X X X 6) Construction x X X. X 21 ? I I i V M m c O .y © o a1 N. CM C •fA o ? N O m Z 401 ?y E c CL ?a O 0. w m a? ? © 'd •? C O O ?a O w V- O Q. a a 1 0 ?1?0 M S f y d? C to ? T O 1 ?r 4 O w a N o r+y¢ r o P S O Fi C7 4 _O dwF? 0 ?' E m ?° ur E o CU H as O O_ ? m ? C O ? •N O 0 0 G1 CL G ESE 00. m acs o m p 'v a N ? C E 0C r V C O LL W O "fit m 1 ffl M'5111 . i CC tl C O m C ?? C C A at m ? all o Z N d a O m + b o a p m ° 46 m c W c t` 4 a La 9 m 9 c ?? r N M _ V' tC? [D i .-. N M _ -,r Ln to co w C o It JTJ .m u) ' c M N N> 0 N w Vl to N V) - OF y }r} ? N « 4 ^? yy Z O u01 ti 1? C% i.0. We. . . . . .... . b Cleni-water City Commission Work session (tom #: Agenda Cover Memorandum Final Agenda Item # Meeting Date: 12/05/02 SUBJECTIRECOMMENDATION: Approve a Work order to Tampa Bay Engineering, Inc, up to $205,000 to provide enginceiing and architectural design services, including CEI work, for the new Northwest Fire Station 51 19 and that the appropriate officials be authorized to execute same. _ • The Fire Department has established, as components of its Strategic Plan Goals, programs to improve responsiveness and provide consistent, high quality and affordable service levels across .all areas of the City. Although the Northwest Clearwater area has historically seen 25+ percent of the City's actual working fires, no fire station exists there. In CY 2000 a Commission-appointed Fire Task Force confirmed the five-year Strategic Plan, which included a recommendation to establish a permanent Fire Station facility on an appropriate site in NW Clearwater. The Commission approved funding the.station via Penny for Pinellas. In FY2001 $300,000 was approved and funded for Design-Engineering workload. The project had been delayed awaiting final site selection and purchase, which is now complete. This Work Order with Tampa Bay Engineering provides for survey, geo-technical, architectural, engineering, and permitting services to complete the design and bid phases of the project. Williamson Dacar Associates, Inc., an architectural firm with personnel experienced in designing the Clearwater Mall Fire Station 49, is the sub-consultant providing the architectural services. To minimize time and cost, plans call to modify the basic Station 49 design for Station 51 since the site is of similar size and shape. We are designing the station to accommodate current demands and future mission capabilities. Reviews of potential locations indicate a 1.5 acre site on the south side of Overbrook Ave. near Betty Lane provides responsive capability with minimal adverse effects on the community. This land is part of the 4.2 acre Central Florida Used Auto Parts property recently purchased. • Planning and design work needs to begin promptly. Design work will commence upon award. Construction is planned to begin within 180 calendar days, provided annexation and zoning changes have been completed. The station is planned to become operational by early 2004. Design fees of $300,000 and $1.7Mil for construction were included in the budget for the Northwest Station CIP project (91237). In addition, $198,650 of internal Fire Dept. operating funds were transferred to CIP for land purchase. Reviewed by: Originating Dept: Costs Legal ak Info 5rvc x Fire Dept. (WAT 'total $205,000 - Budget Public Works User Dept. Funding Source: Purchasing fel DCWACM Fire Depart Current FY $152.920 Cl X - Risk Mgmt X Other Attachments OP Engineer , Plannin lDev Other Submitted by. Appropriation Code: City Manager None 315.91237-561100-522-000 Printed on recap per Northwest Fire & Rescue Station No. 51. Rov. 2188 CITY OF CLEARWATER ENGINEERING DEPARTMENT TBE WORK ORDER INITIATION FORM Northwest Fire Station Dcsign Date: November 22, 2002 1. ' .PROJECT TITLE City of Clearwater Northwest Fire Station 2. SCOPE OF WORD Project Description TBE Project No. City Project No. Based on conversations with the CITY, the following is our understanding of the proposed project. The CITY is proposing to develop a portion of the Central Florida Auto Salvage Site, approximately one to two-acres, located at 1700 North Betty Lane, at the intersection of Overbrook Road, in Clearwater, Florida. The Proposed site was previously owned by Bill Mazas, and recently purchased by the City of Clearwater. For purposes of this proposal, we have based our fee estimate on the following assumptions; the site; which is currently an existing salvage yard, will be removed of all environmental issues (i.e. asbestos, subsurface demolition, hazardous material, building demolition, etc.), water and sanitary sewer service is available near the site boundary, the site will not require re-zoning, and the site soils and sub-strata will be suitable for a project of this type and free of voids and unsuitable material. The CITY desires to place a fire rescue facility on the above site. The proposed development includes the reuse of the design for Station 49 that was used at the Clearwater Mall site. This station was a one-story, 13,000-4- square foot structure with three apparatus bays, personnel areas for eight to ten members, public lobby, parking spaces and associated site work. The CITY has requested a proposal for professional services from TBE GROUP, Inc. (hereinafter referred to as the "ENGINEER"), in conjunction with Williamson Dacar Associates, Inc., (hereinafter referred to as the 'ARCHITECT"), together forming the Project Team. For services including: 1. Site Survey and Legal Description 2. Architectural Schematic Design Phase 3. Architectural Design Development Phase 4. Architectural Construction Documents Phase 5. Civil Engineering Services -- Design and Construction Documents 6. Intersection Design and Stop Sign Control Analysis (Optional Services) 7. Permit Application 8. Limited Geotechnical 9. Project Management 10. Bid Phase Services 11. Limited Construction Phase Services 12. Miscellaneous Coordination Meetings J.WQGASPR0V0SA02oo2CLW-NWrim Doc Page 1 of 9 l Proposed Scope of Services 1. Site Survey A. The SURVEYOR shall conduct a boundary and topographical survey of the site based on a triangular site configuration, approximately 1.7 acres in size. Also, the SURVEYOR shall conduct topographical survey of the Right-of-Way of Ovcrbrook Road, from the intersection of Douglas Avenue to and including the intcrsection'of Betty Lane. The intersection of Betty Lane and Overbrook Road shall extend approximately 200 feet in all directions from the center of the intersection. Intersections along Overbrook Road shall extend a minimum of 50 feet beyond the return radius. B. SITE Survey Drawing(s) -- The SURVEYOR shall prepare a Site Survey drawing including the following elements for the 1.7 acre site (unless otherwise noted): A measured Boundary of the overall SITE (approximately 4,2 acres). " Existing topographical variations and gradients, extending 50 feet beyond the limits of the site for free'and grade. data " Existing above ground appurtenances including buildings, slabs, tanks, etc. " Site improvements " Visible utility features (manholes, inlets, etc.) onsite and offsite applicable to development " Significant plant material, size, and common name (species type) " A topographic survey of Overbrook Road, including all intersections (approximately 1,700 feet of right-of-way), C. The SURVEYOR shall prepare a legal description of a portion of the overall Central Florida Auto Salvage Property, further known as the SITE. It is assumed the site is approximately 1.7 acres, with approximately 75% impervious. 2. Architectural Services - Schematic Design Phase A. The ARCHITECT shall prepare a Site Adaptation Assessment for presentation to the CITY, which shall, upon approval by the CITY, become the Architectural Program. This shall include the following elements: " Initial coordination with the CITY, " Site Analysis of Ingress/Egress (Access), ¦ Code Research, m Initial Application, " Visual Impact Assessment (Neighboring Environments), " Zoning Assessment, " Site Planning & Architectural Adaptation, and " . Coordination with Civil & Landscape Designs. Upon completion of the following items, the ARCCITECT will prepare, present, and review the Schematic Design Phase with the CITY. J=C-nUxo?0.SAL%200 W-NWFreDOC Page 2 of 9 The Schematic Design Drawings for the Building - shall be the reuse of the plans submitted and approved for Station 49 dated 12/01/02 attached as Attachment "A" a set of 8 %2" x I I" plans. Revisions to the plans will be billed at hourly rates as specified in Article 4 BUDGET or as negotiated lump sums and will be in addition to the staled fee for reuse of the building Site Adaptation Assessment - The ARCHITECT will prepare and circulate a Site Adaptation Assessment to all personnel identified by the CITY. The ARCHITECT shall compile the results of the Panel feedback and present it to administrative representatives of the CITY for approval as the definitive Architectural Program 3. Architectural Services - Design Development Phase " Design Development Phase -- Based on the Site Adaptation Assessment approved by the CITY, the ARCHITECT shall modify the drawings and other documents used for Station 49 to reuse at this site. The ARCHITECT shall also prepare and coordinate with consultants to develop a Base Map and provide a preliminary opinion of construction cost during this phase. Deliverables include: Preliminary Site Plan Construction Cost Analysis 4. Architectural Services -- Construction Documents A.. The ARCHITECT shall provide the following Construction Document Phase services: " Construction Document Phase -- Drawings and Specifications will be based upon the approved Site Adaptation Plan and the construction documents from Station 49, revised as necessary, to indicate that they are for Station 51. • If any changes are masse to the design of Station 49 for the reuse at Station 51, those changes will be billed at hourly rates as specified in Article 4 BUDGET or as negotiated lump sums and will be in addition to the stated fee for reuse of the building 5. Civil Engineering Services - Design and Construction Documents A. The ENGINEER shall provide the following: • Preliminary Site Plan -- The ENGINEER shall assist the ARCHITECT on preparation of a Preliminary Site Plan, based on the Site Survey provided by the SURVEYOR, to be approved-by the CITY. Once approved by the CITY, this will be the basis for the ENGMER's design and construction drawings. It is assumed the CITY may alter the building footprint and layout no later than this phase. Construction Drawings -- The ENGINEER shall prepare Civil Engineering Construction Documents and specifications for the above referenced project showing paving, grading, drainage, water, and sewer improvements. The Plans will show connections to utilities at appropriate locations. It is assumed that an existing 6" water main is located on the north side of Overbrook Road, and an existing 8" sewer line and manhole are located directly north of the site. This Work Order includes only the water and sewer main crossings of Overbrook Road. No other off-site utility extensions are included in this Scope of Services. .. J IIX)C.AvRarosnLV002XCLw.N%VFkcPOC Page 3 of 9 The Civil Engineering Construction Doctiment Set shall include the following elements: Cover Sheet (1) General Notes.(l ) Boundary Survey and Topo (1) Limited Demolition Plan (1) Site Paving, Grading, and Drainage Plan (1) Utility Plan (1) Landscape Plan (1) Landscape Details (1) Irrigation Plan '(1) Miscellaneous Notes and Details (3) The Landscape Plan shall be limited to the improvement area and parking areas to meet the minimum standards of City of Clearwater for site plan approval. At the CITY'S direction the ENGINEER can prepare an upgraded landscape design, for a fee and scope to be determined. This proposal also assumes on-site retention will be satisfied through design of a pond. A drainage vault design is not included in this Scope. & Intersection Design and Stop Sign Control Analysis (Optional Services) A. The ENGINEER shall provide the following services: " Intersection Design of Betty Lane and Overbrook Road -- Tile ENGINEER shall redesign the intersection of Betty Lane and Overbrook Road based on the new fire station location. This task includes the design and permitting of the roadway intersection improvements including realignment, drainage, stripping, signing and marking. The ENGINEER shall coordinate with Pinellas County and City of Clearwater, and apply for a right-of-way utilization permit from the County. The Intersection Plans Set shall include the following elements: Cover and Key Sheet General Notes Roadway Intersection Plans Signing, and marking plan Subsurface Utility Excavation (Soft-Dig) ¦ Data Collection - 111-Directional Approach Counts (Machine Counts) -- The ENGINEER shall collect and summarize one day of fifteen-minute approach count data with hourly summaries on the approaches to the subject intersection. This count will be conducted on a Tuesday, Wednesday, or a Thursday. The ENGINEER will use these counts to determine the eight highest hours for the purposes of collecting turning movement count data, as described below. Turning Movement Counts -- Using procedures in the Manual on Uniform Traffic Studies (MOTS), the ENGINEER shall collect and summarize fifteen minute turning movement counts with hourly summaries al the subject intersection. The eight highest hours, as determined from the machine count data, will be counted. Included in this task are pedestrian and bicycle volume counts. J kWC•na t0P05AcuonztirLw.HwFire DOC Page 4 of 9 • Qualitative Assessment - The ENGINEER shall conduct n qualitative assessment at the subject location. A qualified professional traffic engineer will observe the study location during peak conditions in order to document existing operating and geometric conditions. Stop Sign Control Analysis -- The ENGINEER shall analyze the collected volume data and perform a Stop Sign Control Analysis at the subject intersection. This will include analysis as described in the Multi-way Stop warrants in the MUTCD, as well as analysis procedures for Two Way and All Way Stop Control Intersections in the Highway Capacity Manual. A technical letter shall be submitted with supporting information such as the data collected, traffic volume data summary; warrant analysis, Level of Service analysis and the ENGINEER'S recommendations. 7. Permit Applications A. The ENGINEER shall prepare permit applications for the above referenced project, and file appropriate construction drawings and technical specifications for construction to the agencies listed below. • Sanitary Sewer City of Clearwater FDEP Permit Application for Wastewater Collection System • ' Potable Water City of Clearwater FDEP Permit Application for Drinking Water. Distribution System • Storm Drainage Southwest Florida, Water Management District (SWFWMD), Permit Application'— ENOWEER's scope shall include the preparation and submittal of a Stormwater Environmental Resource Permit (ERP) to SWFWMD for the SITE and the intersection improvements at Betty Lane & Overbrook Road. Engineer's permitting fees assumes an on-site retention pond versus a drainage vault. Driveways Pinellas County Driveway Permit Applications -- This Scope of Services assumes a formal permit application will be required for driveways along: Overbrook Road; however, if a traffic report is required, additional fees and a scope of services will be negotiated. • Site Plan City of Clearwater • Landscape and Environmental (including tree removal) City of Clearwater B. The ARCHITECT shall prepare and address all aspects of the project building permit applications and file appropriate construction drawings and technical specifications for construction to the City of Clearwater, for the above referenced project. C. The CITY shall review, approve and sign all permit application documents in a timely manner prior to the submittal of the permits to the agencies having jurisdiction. The CITY shall allow the ENGINEER to execute permit applications, if desired, -but must provide a Letter of Authorization to the ENGINEER, JAI WW ROPO5A02002TM-NWRaDM Page 5 of 9 S. Limited Geoteclinical A.. The ENGINEER will consult with a local Geoteclinical firm to obtain such information as: Site reconnaissance, Subsurface exploration including hand augers, deep standard penetration tests, Field and laboratory testing, and a minimum of I double-ring infiltration, and Geotechnical engineering analysis to provide recommendations for building slab, parking, pavement and seasonal high water for pond areas. 9. Project Management A. The Project Team will be the lead consultants on this project assignment and will be responsible to the CITY 'for the project completion and budget. To accomplish this assignment, the ENGINEER will prepare the Project Work Plan and Quality Control Plan that will address the overall management and interaction of each discipline. The ENGINEER's project manager will prepare in cooperation with the design team a work program addressing correspondence, design calculations, design criteria, plan formats, review processes, team assignments, and responsibilities. B. A project schedule will be jointly developed with the ARCHITECT and CITY. The schedule will include meetings; fieldwork, design drawing, submittals, permits, and other milestones identified by the CITY and ARCHITECT. C. The ENGINEER and the ARCHITECT will coordinate with other project team members on contract changes, change orders, additional services, hold meetings, and prepare coordinated invoices to the CITY for processing and payment. 10. Bid Phase Services A. The ENGINEER, and the ARCHITECT, shall attend the following meetings: one pre-bid conference, one bid opening, one bid award, and one pre-construction conference. The ENGINEER, and the ARCHITECT, shall also provide bid evaluation services of qualified bids received before the bid deadline as well as Bid Addendum's/Clari fication as required. The ARCHITECT along with assistance from the ENGINEER shall prepare, design and coordinate a Project Sign for the Job Site, along with Ground Breaking Presentation material. Any additional pre-bid, bid or pre-construction meetings shall be billed as Additional Services. 11. Limited Construction Phase Services A. Limited Construction Observation -- The ENGINEER, and/or the ARCHITECT, shall provide limited construction observation including site visits on a timely basis appropriate to construction progress, but not less than twice per month, and for site visits for agency's having jurisdiction for agency certification, and a final observation consisting of quality assurance inspection commonly referred to as a "punch list, which will be prepared by the ENGINEER, and/or the ARCHITECT for action by the Contractor(s) as approved by the CITY, This proposal assumes a ten-month construction period. B. Shop Drawing Review -- The ENGINEER, or the ARCHITECT, shall review no more than two (2) subsequent submittals of shop drawings beyond those initially submitted as supplied by contractors, for conformance with the design concept of the project and conformance with the Construction Documents (Plans and Specifications). Additional shop drawings shall be billed as Additional Services. J tinoc•nvxarosALu2003TLw.NWritc.noc Page 6 of 9 C. Request For Information (RFI) -- The ENGINEER, or the ARCHITECT, shall review no more than two (2) subsequent, submittals of RFl's beyond those initially submitted. Additional RFi's shall be billed as Additional Services. D. Pay Request Approvals -- The ENGINEER, and/or the ARCHITECT, shall review Pay Request Approvals (Draw Requests), on a monthly basis for consistency with actual construction progress. E. Record Drawings -- Contractor(s) shall be instructed to provide redlined and electronic construction drawings to the ENGINEER, showing any and all changes, such as elevations, offsets, etc. certified by the Contractor's Florida Registered Land Surveyor. From these certified "red-lines," the ENGINEER shall provide the CITY with electronic Record Drawings, which depict details, and dimensions (horizontal dimensions, vertical elevations) that differ from the construction plans. The ARCHITECT shall provide the CITY electronic .records of revisions made during building construction. Architectural electronic records shall be in reproducible Adobe Acrobat (.pdf) file format. Civil Engineering Record Drawings shall be in electronic format ACAD 14 version or later.dwg file format. 12. Miscellaneous Meetings A. . Meetings with CITY and/or other members of the project team. B. Project Milestone 40%, 90%, Final. 13. Services Excluded from this Scope of Services ¦ Rezoning of the property ° Off-site utility systems, other than those shown above ° Construction layout and associated survey ° Application for or securing permits except those listed herein for which design services are performed ° Environmental site assessments ¦ Asbestos Survey of existing buildings ¦ Hazardous materials demolition " Construction or design impacts due to environmental issues ¦ Subsurface Demolition (i.e. drain fields, tanks, buried materials, etc.) ¦ Subsurface utility location, other than included for intersection design of Betty Lane & Overbrook Road " Grants or Brownfield coordination ¦ Any coordination with Off-site Stormwater system dredging project ° Any item not specifically noted in this Scope of Services ¦ Architectural Models 3. PROJECT GOALS To provide design, permitting, and construction phase services for new Northwest Fire Station #51 J %DOC-ATR0PO5AL0002iCLW-N WFue. DOC Page 7 of 9 4. BUDGET Work will be completed on a lump sum basis as follows: Base Services Survey and Legal Description .....................................:............................................. $ 11,500 Architectural Schematic & Design Development Phase ........................................... $ 9,220 Architectural Construction Documents ..................................................................... $ 6,500 Civil Engineering - Preliminary Design ................................................................... $ 3,500 Civil Engineering -- Construction Documents .......................................................... $ 18,000 Permit Applications... ............................................................................................... S 8,500 Limited Geotechnical ............................................................................................... $ 5,000 Project Management ................................................................................................. $ 4,750 Bid Phase Services (Engineer) .................................................................................. $ 2,000 Bid Phase Services (Architect) ................................................................................. 5,420 SubTotal (Lump Sum) ............................................................. $ 74,390 ptional Services Intersection Design Plans and Stop Sign Control Analysis SubTotal (Lump Sum Option) ................................................. $ 33,000 HotrrlV Service_(/or is?ork to modify dravvinos from Station 49 Architectural Principal ...................................................................................................... $110.00/hr Project Architect/Project Manager ............................................................... $ 95.00/hr Drafter .........................................................................................................$ 75.00/hr Clerical ..................... ...............................................................................$ 35.00/hr Architectural Consultant .................................................................1.2 x amount invoiced Not to Exceed Services Limited Construction Phase Services (Engineer) ......................................................$ 12,750 Limited Construction Phase Services (Architect) ..................................................... $ 17,780 Miscellaneous Meetings (Engineer) ......................................................................... $ 6,000 Miscellaneous Meetings (Architect) .........................................................................$ 4,000 Miscellaneous Expenses (Reproduction costs) ......................................................... 5,000 SubTotal (not to exceed) ...........................................:.............$ 45,530 All Permit Fees to be paid by City 5. SCHEDULE The ENGINEER's and the ARCHITECT's Time of Performance for services shall commence upon execution of this Work Order and shall be ready for bidding in four (4) months. This time frame is based on an estimated 60 to 90 days for processing permits. The CITY understands the ENGINEER and/or the ARCHITECT has no control over the final issuance of permits and approvals. This Schedule could be altered based on these approvals, as well as the environmental assessments, cleanups, and demolition of the existing site (to be provided by others). J:WOC.n?rxososnG?:ooz+CL%V.NWFkr DOC Page 8 of 9 6. STAFF ASSIGNMENTS Project Director - Steven P. Howarth, PE (TBE) ' Project Manager/Engineer - Bryan Zarlenga, PE (TBE) Landscape Architect - Gib Williams, RLA (TBE) Architect/Project Manager - Richard Adelson OVDA) Project Architect, Technical Services - Jonathan Sones (WDA) 7. CORRESPONDENCE/REPORTING PROCEDURES Correspondence shall be sent to Michael D. Quillen, PE 8.. INVOICING/FUNDING PROCEDURES The budget for this work is a lump sum of $ 74,390; plus $33,000 lump sum for optional Signalization and Intersection Design plans; plus time and materials fees not to exceed $45,530. City Invoicing Code: 9. SPECIAL CONSIDERATIONS 10. PROJECT COMPLETION REPORT The City will be provided a copy of final plans and constructions plans / specifications in both hard copy and electronic farm (see I I-E above). PREPARED BY: CITY TBE Michael D. Quillen, PE Richard T. Doyle, AICP, PE City Engineer Engineer of Record Date Date //L' J.U=-A1AOPOSAU2D=CLWNWF1m DOC Worksession Item N: ; •J QC.? _ Clearwater City Commission M y Agenda Cover MemoranduIII riniil Agenda Item 4 r`tceting Date, 1215102 SUBJECT/RECOMMENDATION: Environmental Consultants & Technology Change Order Approve Change Order No. 9 with Environmental Consulting and Technology, Inc., of Tampa, Florida, increasing the contract by $70,000 for a new total of $369,273.85 in order to complete additional contamination assessment activities required by the Florida Department of Environmental Protection (FDEP), and that the-appropriate officials be authorized to execute same. SUMMARY: • The City Commission on April 21, 1994, approved the original contract, authorizing Environmental Consulting and Technology, Inc. (ECT) of Tampa, Florida, to develop a Contamination Assessment Plan (CAP) and a Contamination Assessment Report (CAR) on the Manufactured Gas Plant (MGP) site located at 400 North Myrtle Avenue. All original fieldwork under the CAP and CAR has been completed and the required reports sent to the Florida Department of Environmental Protection (FDEP). • ECT completed the Contamination Assessment Report (CAR) in December 1999, and it was sent to the FDEP for review and recommendations. The FDEP issued a report requesting additional fieldwork to better determine contamination boundaries in certain areas of the former Manufactured Gas Plant site. As a result of FUEP's comments, 5 new monitoring wells were installed and 7 soil borings were drilled to more completely define the extent of ground water contamination in the north and southeast corner of our property. This additional work was started in January 2001 and was completed by April 2001. • On May 16, 2002, CGS received a letter from FDEP requiring additional fieldwork to better define the soil and groundwater contamination on the site. In September 2002, Clearwater Gas System (CGS) met with FDEP to discuss their May 16th letter and the future of the gas plant site. In that meeting, CGS agreed to install 7 new monitoring wells and drill 12 soil samples around the perimeter of the MGP site. • This change order incorporates the projected environmental costs for the next 12 months in order to address these additional FDEP requirements. The estimated cost for this additional work is $70,000, which includes a 10% contingency. • The funds for these professional services are available in the Environmental Gas Project Code 315- 96358, which currently has a balance of $606,640.02. Reviewed by Legol Budget Purchasing VOT Risk Mgmt NIA Orlglnaling Depl: s Into Srve N/ Brian Langl!le . I) Public WorAtNJ User Dept. PIP DCMIACM rwater G s System Other Aftachments costs 582 A911 Total $70,000 Current FY $70,000 Funding Source: CI X OP Other Submitted by' None City Manage T A ro rlatlon Code: 315.98358.530300-532.000 Printed on rely poper Rev. 2196 GGSa. ?12-r CITY OF CLEARWATER, FLORIDA d/b/a CLEARWATER GAS SYSTEIUS and ENVIRONMENTAL CONSULTING & TECHNOLOGY, INC. CHANGE ORDER NO.9 EFFECTIVE DATE: CLIENT: CITY OF CLEARWATER, FLORIDA d/b/a/ CLEARWATER GAS SYSTEMS 400 North Myrtle Avenue Clearwater, Florida 34615 PROJECT: Former Clearwater Manufactured Gas Plant Site The following changes are hereby made to the Professional Services Agreement between the CITY OF CLEARWATER, FLORIDA, d/b/a CLEARWATER GAS SYSTEM ("CGS") and ENVIRONMENTAL CONSULTING & TECHNOLOGY, INC. ("Consultant"), dated as of April 22, 1994 (the "Agreement"): 1. Article I - Term of Agreement is hereby amended to extend the term of the Agreement for a period of one year from the date of this Change Order. Personnel rates set forth in this Change Order shall remain in effect throughout the extended term of this Agreement. 2. Article II -- Scope of Work ("Work") is hereby amended to provide for the implementation of all work described in the supplemental assessment work plan, dated October 2002, attached hereto as Exhibit A and incorporated herein' by reference. 3. Article III Compensation is hereby amended to provide that the maximum costs for fees and reimbursable expenses for the services described in paragraph 2 above shall not exceed the sum of Sixty-Four Thousand Forty Two and 90/100 Dollars ($64,042.90). A breakdown of the maximum costs for various tasks of the work described in paragraph 2 above is set forth in Exhibit B. In no event shall such maximum costs be exceeded without authorization from CGS by written approval of the appropriate Change Order. Any fees or reimbursable expenses Consultant incurs in excess of said maximum costs and without written approval of the appropriate Change Order by CGS shall be entirely at Consultant's obligation and expense and CGS shall not be liable for same. Page I of 2 T:TONINtoNsCUSTO Kdoc-I 114/2002 r Article V -- Time for Completion is hereby amended to provide that the additional work described in paragraph 2 and Exhibit A above shall be initiated within ' . 30 days from the Effective Date of this Change Order and shall otherwise follow the task completion date schedule set forth in Exhibit A. 5. Except as modified herein, all of the tenns and provisions of the Agreement shall remain in full force and effect. APPROVALS REQUIRED: ENVIRONMENTAL CONSULTING &„ TECHNOLOGY, I C. By: Name: Charles D. Hendry,.Pl1.D. ` Title: Vice President Countersigned: CITY OF CLEARWATER, FLORIDA By: ` Brian J. Aungst William B. Home, 11 Mayor-Commissioner City Manager Approved as to 'form: Attest: Jennifer Simon Cynthia E. Goudeau Assistant City Attorney City Clerk Page 2 of 2 T.%C0h1N10WrjS1C0 09ADc- riWruoz SUPPLEMENTAL ASSESSMENT WORK PLAN FORMER MANUFACTURED GAS PLANT SITE CITY OF CLEARWATER CLEARWATER, PINELLAS COUNTY, FLORIDA PREPARED FOR: CITY OF CLEARWATER ' Clearwater, Florida PREPARED BY. AWi ' Environmental Consulting & Technology, Inc. 1408 North Westshore Boulevard Suite 115 Tampa, Florida 33607 (813)x89-9338 Facsimile: (813) 289-9388 F 020895.0100 OCTOBER 2002 r • City of Clearwater Supplemental Assessment Former Manufactured Gas Plant Site Work Plan PROFESSIONAL CERTIFICATION i The technical contents of this supplemetrtal assessment work plan for the City of Clearwater have been prepared in accordance with currently accepted professional practices. This report is for the. sole use of the City of Clearwater and the Florida Department of Environmentid Protection. Prepared by: Sandra Tippin Staff Scientist i ... Date Re c ed b fI-?` ?T ? `tom v'? w y. , Mark A. Culbreth, P.G. Senior Hydrologist Florida License No. PG0001217 A, • ?Date - - ,._ ... i i l Enviroinnental Consulting & Technology, Inc. r f T:ICOMMOMCity of C1 eaiwateAGasPiant\SuppWodcPlan,doc 10/ 15102 1:58 PM 1 1 1 1 1 1 1 1 City of Clearwater Supplemental Assessment Former Manufactured Gas Plant Site Work Plan TABLE OF CONTENTS 131?O ESSIONAL CERTIFICATION .............................................................................. X 1. SCOPE OF WORK .................................................................................................1-1 1.1 OBJECTIVE ..................................................................................................1-1 1.2 MONITORING WELL INSTALLATION ..................................................1-1 1.3 SOIL SAMPLE COLLECTION ...................................................................1-3 1.4 GROUND WATER SAMPLE COLLECTION ..........................................1-3 1.5 INVESTIGATION DERIVED WASTE ......................................................1-4 1.6 QUALITY ASSURANCE ..............................................................................1-4 2. RESULTS ............................................................................................................... 2-1 2.1 REPORT.................... .....................................................................................2-1 2.2 INVESTIGATION DERIVED WASTE ............ ..................................... 2-1 2.3. QUALITY ASSURANCE ............................................................................... 2-1 2.4 SCHEDULE ....................................................................................................2-2 TABLES FIGURES 1 Em4ronmental Consulting & Technology, Inc. It M TACOMMOMCity of ClearwateFlGasPlant\SuppWorkPlan.doc 10/ 15102 1:58 PM j ' City of Clearwater. Supplemental Assessment Former Manufactured-Gas Plant Site Work Plan LIST OF TABLES Table I . Proposed Analytical Methods . 1 LIST OF FIGURES 1 ' Figure 1. Proposed Monitoring Well Location Map Figure 2. Proposed Monitoring Well Construction Details Figure 3. Proposed Deep Vertical Extent Well Construction Details ? Figure 4. Proposed Soil Sample Location Map Environmental Consulting & Technology, Inc. TACOMMOMCity of CleatwateAGasPlan%\SuppWorkPlan.doc .10115102 1:58 PM 1 t 1 1 1 9 City of Clearwater Supplemental Assessment Former Manufactured Gas Plant Site Work Plan 1. SCOPE OF WORK 1.1 OBJECTIVE The objective of this supplemental assessment work plan is to outline the contamination assessment activities discussed with the Florida Department of Environmental Protection (FDEP) during the meeting between the City of Clearwater and the FDEP on September . 25, 2002. p 1,2 MONITORING WELL INSTALLATION I Environmental Consulting & Technology, Inc. (ECT) will oversee the installation of four 1 surf cial aquifer monitoring wells at the locations depicted on Figure 1. The well locations include: o west of the warehouse/purchasing building; , r north of the city field engineering office; south of the city field engineering office; and southwest of the regulator building. The surf cial aquifer monitoring wells will be installed at the base of the surficial aquifer using direct push technology by a licensed water well contractor, using a truck mounted geoprobe rig. A stainless steel hand auger will be used to advance the first 4 ft. Continuous soil samples will be collected to the total depth of the borehole using macrocore sampling tubes, The monitoring wells will be constructed from 10 ft of 1.5- inch diameter, 0.010-inch slotted, schedule 40 polyvinyl chloride (PVC) screen, threaded to a 5-11 length of schedule 40 PVC well casing. A 30145 silica sand filter pack will be placed in the borehole to approximately I ft above the top of well screen. A 1-ft thick fine (30/65) sand seal will be placed on toff of the filter pack and the remainder of the borehole will be at filled with neat cement grout. The monitoring wells will be completed with a locking cap inside of an 3-inch manhole protected with a 2 by 2-ft concrete pad. Figure 2 depicts the proposed well construction details for the monitoring wells. The monitoring wells will be developed following installation until the development water runs clear. Environmental Consulting & Technology, Inc. TACOMMONICity orClcarwatc6Gasplant\SuppWorkPlan.doc 10/15/02 1:58 PM • City of Clearwater Supplemental Assessment Former Manufactured Gas Plant Site Work Plan Three deep monitoring wells will be installed using rotosonic drilling to maximum depths of 50 feet below land surface (t bls) at the [bl]owing locations: adjacent to monitoring well MW-12D (MW-12DV); adjacent to monitoring wells MW-7 and MW-7D (MW-7DV); and at a location to be determined following the installation of MW-7DV and MW-12DV and the determination of ground water flow direction in the aquifer underlying the clay. Figure 1 depicts the location of two of the proposed vertical extent monitoring wells, Following the installation of MW-7DV and MW-12DV, ECT will survey the top of casing elevations of the wells to 0.01 fl vertical accuracy and the water level elevations 1 will be measured in all four of the DV wells. The final DV well will be installed at the site boundary at a location that is determined to be downgradient of the source areas identified in the CAR. 1 1 b a d ECT will survey the horizontal and vertical coordinates of the newly installed monitoring wells to the same benchmark as the existing network of monitoring wells. Y 1 Environmental Cottsulling & Technology, Inc. I-? mcorviMON1City ofClearwatee:GasPlant\SuppWorl:Plan.doe 10/15/02 1:58 PM 4 The vertical extent monitoring wells will be installed using 7-inch temporary isolation casing installed to a depth of about 30 ft. Continuous soil samples will be collected to the total depth of the borehole. The monitoring wells will be constructed from 5 ft of 2-inch diameter, 0.010-inch slotted, schedule 40 PVC screen, threaded to a 45-ft length of schedule 40 PVC well casing. A 30145 silica sand filter pack will be placed in the borehole to approximately 1 ft above the top of well screen. A 1-ft thick fine (30165) sand seal will be placed on top of the filter pack and the remainder of (lie borehole will be filled with neat cement grout. The monitoring wells will be completed with a locking cap inside of an 8- inch manhole protected with a 2 by 241 concrete pad. The monitoring wells will be developed following installation until the development water runs clear. Figure 3 depicts the proposed construction for the deep monitoring wells. U'.': City of Clearwater Supplemental Assessment Former Manufactured Gas Plant Site Work Plan 1.3 SOIL SAMPLE COLLECTION 1 Continuous soil samples will be collected during the installation of the additional wells to the total depth of the wells. The soil samples will be screened using an organic vapor analyzer with a flame ionization detector (OVA/FID) at 1-ft intervals for the shallow wells and at 2-ft intervals for the deep wells. The soil samples will be examined and classified during collection by a geologist onsitc to document the lithology encountered 1 during well installation. ECT will collect vadose zone soil samples from 10 locations at the former gas plant site. The locations of the proposed soil samples are indicated on Figure 4. At each of these 1 locations, a soil sample will be collected from 0 to 2 ft bls and from 3 to 5 ft b1s Oust above the water table) for analyses for the presence of volatile organic aromatics (VOAs) using U.S. Environmental Protection Agency (EPA) Method 8021, polynuclear aromatic hydrocarbons (PAHs) using EPA Method 8310 and cyanide using EPA Method 9010. Table 1 is a summary of proposed analytical methods. ECT will collect vadose zone soil samples from two locations in the footprint of the storm water pond to be constructed on the adjacent property east of Myrtle Avenue and north of Hart Street. The locations of these soil samples are indicated on Figure 4. At each of the two soil sample locations, soil samples will be collected from depths of 0 to 2 .1111 ft bls and 3 to 5 ft bls for analyses for the presence of VOAs using EPA Method 8021, PAHs using EPA Method 8310 and cyanide using EPA Method 9010. Soil samples will be collected in accordance with the FDEP SOPS. Table I lists the '?. analytical parameters. a 1.4' GROUND WATER SAMPLE COLLECTION ECT will collect a complete round of water level measurements at all monitoring wells prior to the collection of ground water, samples. ¦1 F,rnvironmental Consulting & Technology, Inc. r T,\COMMON\City orCleanvaterlGnsl'innt\SuppWotkPlan.doe 10115/42 1:58 I'M City of Clearwater Supplemental Assessment Former Manufactured Gas Plant Site Work Plan A minimum of 24 hours fallowing monitoring well development, Eur will collect ground water samples from the newly installed monitoring wells and monitoring wells MW-15DV and MW-l I DV in accordance with the FDEP Standard Operating Procedures (SOPS). The ground water samples will be analyzed for the presence of VOAs using EPA Method 8021, PAHs using EPA 'Method 8310 and cyanide using EPA Method 9010. Field parameters including temperature, pH,• conductivity, dissolved oxygen, oxidation reduction potential and turbidity will be measured and recorded during sample collection. Table 1 is a suirimary of proposed analytical methods. 9:5 INVESTIGATION DERIVED WASTE All investigation derived waste including soil cuttings, drill cuttings, development and purge water will be containerized using 55-gallon drums for disposal. 1.6 QUALITY ASSURANCE All soil and ground water sample collection will be completed in accordance with FDEP sops. Environmental Consulting &'Technology, Inc. 1" -r;=MMOMCity of Clearwater GnsPlantlSuppWotkl'lan,doa 10/15/02 1:58 PM City of Clearwater Supplemental Assessment 1 Former 111anufactured Gas Plant Site Work Plan 1 2. RESULTS 2.1 REPORT ECT will prepare a report which includes the results of the additional investigations. The report will include figures and tables for the site including: + monitoring well construction details table; water table elevation summary; summary of organic vapor readings table; • summary of soil analytical results table; 7 + summary of ground water analytical results table; e updated site figures depicting all monitoring well locations; + water table contour map; + potentiometric surface map; and + dissolved constituents map. ECT will, include copies of all water sampling logs, well construction details and analytical data reports in its report. The report will also include a discussion of the data for monitoring wells MW-10 and MW-1 OD which are located on the Health Department Property and will evaluate the data with respect to petroleum versus coal gasification, impacts. The report will include an evaluation of the data with respect to applicable soil and ground water cleanup target levels. 2.2 INVESTIGATION DERIVED WASTE Documentation of disposal of investigation derived waste will be provided. 2.3 QUALITY ASSURANCE All soil and ground water sample laboratory analytical reports will be reviewed to evaluate the acceptability of the data for this project's data quality objectives. Environmental Consulling & Technology, Inc. 2-1 TACOMMOMCity of CleonvatcAGnsl'lantlsuppWorL-Plun.doc 10/ 15102 1.581 M Table 1. Summary of Analytical Methods Former Clearwater Manufactured Gas Plant . Clearwater, Florida Parameter liolatlle Or' arifc• ....... ........... Method....... ..... .. . Benzene Bthylbenzene Toluene Total Xylenes of rrucre'arAiiama#lc H'drocartioris: EpA;Nfetlrvd:8fi 1'... :P.. y......... ?............... Acenaphthene Acenaphthylene Anthracene Benzo(a)anthracene Benzo(b)tiuoranthene Benzo(k)tluoranthene Benzo(a)pyrene Benzo(9,h,1)perylene Chrysene Dibenzo(a,h)anthracene Fluoranthene Fluorene ldeno(1,2,3-c,d)pyrene, Naphthalene Phenanthrene Pyrene 1-Methylnaphthalene 2-Methylnaphthalene Gift r l ? iiilsf' SPA'INi<th ids:335.:Z-4 x1:90:71? Cyanide, Total I. P Printed on: 10/1412002 TACOMMONMIty of ClearwaterlGasPlahMnalytlcal r .rl t ,. OAPLE STREET u.-IS?4T{'ti Afh-15 ! I I I faN-!'.I Mw-2 !Ct}yILaLINtrL,yL[RIN/ I I uw•aal? J r1tDOcs I I Ile aE1ulLOV+a I I I I ' ? I I I 1 ue-Tn of WA w I'IIall" 511 I I 1 RCHtiIH I 7ua uvftolH6 ( I mv-l • klw'-.1E1 :1 I I ' j 5i0RACE 1 otnc. / I ? I I I ( IaYf 15 I r+N-I'n PYD ?yi? yL? ? I ;• ? . I I 1 p? .I I rMC" C£ DNiSft)N d I+ I . • .1 owLO'Nt H ? l uw"gt6 I ? , ? ? I t I • I I 'Kr-Irn .1 +f crTY rIELD 1 I 5 r\1 K r CH INCECRNfr I ' orri t9` L I ? IAAC. -\ HART ST. HAIET ST. ?'"""? [ taut-1 Z WIPE. \ ?h •! Ltn-n9 ? ALN-itt[v ? 1 vrirc •`uv-R f I I PRIWIF GAS TANKS NFIU.TN C?=) . c==D a$ uW-14 6EF+AAfuENT i. ? . cizz __? Iaw- IOD I I i ? CouPHESSOR ~ - _ PUMP ROOD ! JONES ST, • I r ' I I.fa;r? ' k.? [>rt?TY1G r21#LlCrIMF uw-i !jwww swFkYu AcAFftA YOtltoNrG MILL Yq-TP 1 l>tri• gUN1k'Nr AOwt+i N Atuf,#N} Mi LL • tgcArxn, 1 KLN+Y,CA[ryl Nw-i![n•LE! Oro, 1'TnrCAG IT11W 1omftmf. WILL WCAlAW1 1 0Eh111CATKA PR9V'IfAD StwfKW A W4 Lf' IA"JOM7T. Wait EWA[" WKgTVAv.IlityTVOCA NILI[r.f FIGURE 1. PROPOSED MONITORING WELL LOCATION MAP rORMER CLEARWATER IkkNUrACtUK0 CAS PLANT SITE CLEARWATER. rLORIDA "wig- Ecf. 7007 LN? a en SCAIC (TCtTy i 1 i r i ;I _ s [n.*onntspt09 consulting * Tschnoogy Inr. PROPOSED SURFICIAL AQUIFER MONITORING WELL CONSTRUCTION DETAILS PROTECTIVE CASING AND CONCRETE PAD CASING MATERIAL STEEL, CASING DIAMETER 8JbICHES --- PAD DIMENSIONS 2--X--Z----- :CURE WELL CAP =LL CASING MATERIAL DIAMETER JOINT TYPE LENGTH 4KFILL AROUND CASING MATERIAL THICKNESS NZALSE NT GROUT ---3_ FEEM -- AL TYPE OF SEAL 0 A THICKNESS - - - _1_ FO0T____ TER PACK TYPE OF FILTER 30/45 SILICA_SANO . DISTANCE ABOVE SCREEN 1 FQ4T LL SCREEN SCREEN MATERIAL SCH 40 _PVC DIAMETER 1.5 INCHES .LENGTH IQ EEEI SLOT SIZE 0.010 -INCHES- DEPTH TO BOTTOM OF MONITORING WELL DIAMETER OF BOREHOLE NOT TO SCALE FIGURE 2. PROPOSED SURFICIAL AQUIFER MONITORING WELL CONSTRUCTION SCHEMATIC CITY OF CLEARWATER, FORMER MANUFACTURED GAS PLANT CLEARWATER, FLORIDA Source: ECT, 2002. AN'C " ''I Environmental Consulting & Technology, Inc. r+oric-c _rCr%T1nk1A1 S dwg SeP tS• 7002 - 8:47am PROPOSED DOUBLE CASED VERTICAL EXTENT MONITORING WELL CONSTRUCTION DETAILS TIONAL PROTECTIVE CASING AND CONCRETE PAD CROSS-SECTIONAL '1Z CASING MATERIAL CASING DIAMETER a ILIQHE.S-- •, PAD DIMENSIONS , 2' X SECURE WELL CAP • •' TEMPORARY PROTECTIVE CASING • :: :• DIAMETER r" • : . •• • NCEMENT?RQQT 6ACKFILL LENGTH 34 FF.EZ WELL CASING ' • ;• MATERIAL -SCH 40 PVC ?'? '• '? DIAMETER 2 INCHES r • '• • JOINT TYPE THREADED ' • • ' LENGTH 45 FEET BACKFILL AROUND CASING y •. MATERIAL NEAT CEMENT_ , ROUT _ THICKNESS 43 FEET" _ SEAL TYPE OF SEAL. FINE SAND THICKNESS FILTER. PACK TYPE OF FILTER 30!45, ,$11,19 SAND DISTANCE ABOVE SCREEN 1 FOOT _ WELL SCREEN SCREEN MATERIAL DIAMETER 2 INCHES- LENGTH i5 FFET SLOT SIZE 0,010 INCHES DEPTH TO BOTTOM OF MONITORING WELL DIAMETER OF BOREHOLE NOT TO SCALE FIGURE 3. PROPOSED DOUBLE CASED VERTICAL EXTENT MONITORING WELL CONSTRUCTION SCHEMATIC CITY OF CLEARWATER, FORMER MANUFACTURED GAS PLANT S CLEARWATER, FLORIDA Source: ECL 2002. A= 1 1 ""C"w Environmental Consulting do Technology, Inc, • t f .1 . ' . fi.1PpDJrCtS\07Ol159?PnUnDSt0t,!S S.s+ 15, 7007 -10'71em 1.rJ-. tavjIH I MAPLE. STREE7 POWER POLE PUBLIC 1 C0111%wiKID!!/ t ' ©UILDIFIG . t t f ?syy? ? I 1 WIREHOUSC/ PURCHAS?N ' j BUILONO I . I SFOME t j " BLDG. ; •/ A f' I 1 . 1 UYRTtE l 1 PROF T"NilIAL C?HTLR t n 1 ' SERlJCE S0NS5t?0fi , BUILDING 1 Y 1 RET?[SHTI0H ? i \r • CHDrFICEi G \ O?RCES 1. d RECLDG. 1 BLDG. ; j HART ST. 1 L l STORAGE BUILDING ,? * r 1 1 O _. I 1 1 ' 1 f PHDPU?L 1 1 GAS TA110 1 t , HEATH 1 t DEP+HIUEHT 1 I 1 ' 1 f ' so 1 Coll,", f t PUUP ROAM ryI 1 1 F[:@NQ ® PNOPO+ru SDK SWULE LOCAIIOH FIGURE 4. PROPOSE6 SOIL SAMPLE 4UCATION MAP. FORMER CLEARWATER MANUFACTURED GAS PLANT SITE CLEARWATER, FLORMA {?J 0. an L ?t (FEET) Proposed Budget Clearwater Gas System Supplemental Assessment Work Plan Task Labor Equipment Ex enses Subcontractors Subtotal .Meeting •.1,630.86 0,00 79,36 0.00 $1,710.22 ..Monitor Well Installation 2,698,08 150.00 152.92 2,215.40 $5,216,40 Soil Sample Collection 2,670.36 150.00 152.01 5,220,00 $8,192.37 Ground water sample collection 4,474.47 509.20 275.15 2,310,00 $7,568,82 Deep Well Installation 4,640,79 0.00 336.19 22,841.50 $27,818.48 Off site soli sample collection 1,265.88 150.00 ' 103,70 1,034.00 $2,553.58 Tap of casing survey, 1,392.93 150.00 106.93 0,00 $1,649,86 Report 9,032.10 0.00 301.07 0.00 $9,333.17 Subtotal $27,805.47 $1,109.20 $1,507.33 $33,620.90 $64,042,90 u - Print6d On: 1012512002 T;?COMMON%CGS%SupWorkPlnncosls ' .y Worksosslon Ilom t#•?I Clearwater City Comirtisston Agenda Cover Memorandum Final Agenda Item # Meeting Dale: 12/05/02 SUaJECT1RECOMMENDATION: Authorize Fleet Maintenance And Solid Waste to serve as warranty agents for manufactures that sell equipment to the City. of Clearwater for the purpose of servicing and repairing said equipment that belongs to the City, city customers and other nearby cities and towns, and to receive parts and labor credit or cash reimbursement for services rendered, ? and that the appropriate officials be authorized to execute same. SUMMARY: Solid Waste and Fleet Maintenance have been designated warranty agents for Wastequip of Lakeland, FI (Rhino compactors) and Hell Manufacturing (solid waste truck bodies). We service and repair the equipment and are reimbursed in either cash or parts credit. The revenue helps us offset operating costs. • To illustrate how this works, Fleet Maintenance currently has commitments from one manufacturer (NEIL) to perform warranty repair work on the solid waste bodies installed on our truck chassis. We have four units under warranty at this time. The agreed price for reimbursement of our labor is $54.00 per hour. The parts would be shipped to us with an invoice and we would file a claim for reimbursement of the cost of the part and the freight. We receive store credit for the labor. • The reimbursements will be credits applied to our account at Parts Central who is owned by HEIL. The credits can be used to buy parts (after warranty period) for these bodies. • We are approved to perform warranty work on the seven units purchased by Dunedin for a period of six months. The labor rate and parts process is the same. • The estimated annual income credit for all the units is $5,000 per unit. + We have a similar proposal from Peterbilt, our chassis manufacturer, Hopefully other opportunities will follow. • Serving as warranty agent reduces the downtime of our vehicles since the closest authorized repair facility is located In Tampa. A considerable cost savings is involved since two drivers and one vehicle is used to deliver and pick up these trucks in Tampa. Peterbilt Is located in southeast Tampa. We are qualified and able to provide responsive, reliable service to our fleet as well as those of our neighbors. Reviewed by: Legal Info Srvc Budget Public Works Purchasin DCM1ACM Risk Mgmt N/A ,Olher Originating Dept: Costs Slid Waste/" Services NIA `(Carnley) Total User Dept. Fleet Maintenance Current FY Funding Source: CI NIA OP NIA Other _ Attachments Submitted by: ' City Manager X None Appropriation Code: r ?- Worksession Item 4. - - Clearwater City Commission 9T,; v Agenda Cover Memorandum Final Agenda Item fl Meeting mate: 17105/02 SUBJECT/RECOMMENDATION.- Award a contract to Atlantic Ford Truck Sales, Inc. of Ft. Lauderdale, Florida, for the purchase of a 2003 Sterling LT 9500 roll-off truck in the amount of $102,961 which was the lowest responsive bid in accordance with the specifications and authorize financing under the City's Master Lease/Purchase Financing Agreement, in accordance with Sec. 2.564 (1)(d), and authorize initial vehicle preparation costs of approximately $5,000 for a total cost of $107,961, and that the appropriate officials be authorized to execute same. SUMMARY: • Commercial Solid Waste Collection currently operates four roll-off vehicles to collect garbage and trash from large multi-family complexes, business establishments and construction demolition and refurbishment sites. • The commercial customer load has increased sufficiently to create 'the need for an additional service vehicle and will generate the revenue to fund the purchase. * The Solid Waste Department plans to operate this vehicle with current staff. • This vendor is holding the unit price quoted on 2001 City of Clearwater bid #43-01: Initial vehicle preparation will be accomplished by Fleet Maintenance at an estimated cost of $5,000. • The Solid Waste Vehicle Acquisition capital improvement project #315-96438 will reflect a first quarter budget amendment of $102,961 to reflect the lease purchase cost of the vehicle. The $5,000 for the vehicle preparation costs are currently available in the project. The estimated debt service costs of $16,647 in 2002103 will be reflected in the first quarter budget amendments for the Solid Waste operating fund. Anticipated operating revenues of the Solid Waste Fund will offset these costs. Reviewed by: f Originating Dept: costs Solid Waste/General Services Legal NIA Info Srvc NIA (Brumback) Total _$107,961 Budget Public Works NIA User Dept. runding Source: Purchasing DCM/ACM Solid Waste Current $107,961 CI X FY Risk Mgmt NIA Other Attachments OP Other Submitted by: City Manager ? None A ro riation Code: 315.96430.564100.534.000 Clearwater City Commission Agenda Cover Memorandum Work session Item H. V Final Agenda Item # Meeting Date: 12.05-02 SUBJECTIRECOMMENDATION: Approve a contract with Roylee Miller to purchase DRUID HEIGHTS, Block C, Lot 8 for $120,000 plus estimated expenses of $1750 for survey, title insurance and closing costs, and approve a Lease Contract with Roylee Miller to lease back the subject property for $1.00 and other valuable consideration from closing until August 31, 2003, 0 and that the appropriate officials be authorized to execute same. SUMMARY: • At its meeting on October 3, 2002 the Commission approved a work order to begin design work to convert the approximately 27 acre Glen Oaks Golf Course into a stormwater management site. With the exception of three residences, the entire road frontage along the north side of Turner Street between Evergreen and Hillcrest Avenues is part of the Glen Oaks property. • At the end of July staff contacted the three owners' with an offer to have their respective properties appraised at full market value with the intention of negotiating their purchase. • All three property owners. agreed to allow the City to obtain appraisals of their properties. The subject parcel, located one lot west of Hillcrest Avenue, is one of the three properties. a. Appraisal Associates of Tampa Bay appraised the subject property at $110,000 on August 21, 2002, • Mr. Miller was not agreeable to selling the property for its appraised valuation. He reported lie could not locate a comparable replacement property at the appraised value, but would sell for the contract . amount, subject to being able to lease the property back for $1.00 and other consideration in order to continue renting the residence to current tenants until August 31, 2003. • During the lease period Mr. Miller will be responsible for all maintenance and taxes, as well as providing adequate property damage and liability insurance with the City as additional insured. • Sufficient budget and revenue are available in the Capital Improvement Program project 315- 96149, Storm System Expansion to fund this purchase, and the anticipated project schedule will accommodate the tease back term. • A copy of the purchase contract and the lease contract are available for review in the Official Records and Legislative Services office. Roviewed by Legal Info Srvc Budget Public Works Purchasing DCMIACM Risk Mgmt NA Other Submitted by: City Manager Originating Dept: `/ft Public Works (B. Barrett) User Dept. Attachments Locator Map Costs Total 121,750 Funding Sourco: Current FY 121,750 Cl OP Other Appropriation Code: 315.95149.560100.539.400 Printed on re aper S::pwa on pwailenglnlwordlogendaIGIonoakaPurchaae-tdillor agn 1002.doc 6 foy ov. 2188 rp L LOCATOR MAP: DRUID HEIGHTS Block "C" Lot 8 alkla 1378 E. Turner St. t -_ ? „ Wool wwm ??• 1 LL Iii 1/ S .T . it i . >pfSY N.N. f 1 i f 1? 4 n N n n b tf n i +. a rt v u n ri tl n' i S "VMS t,1,W ? I E N rr . s C e1 1 z ?n rr . C . u n n t 1+ 1t +r 31,11 15 II ttlle,p, 1tli(L7 i ., r. , is ;? N N 4x/01 ? m n I'?"I .•1 I iy 1 _ ? ;:i ? Nr Ili z I Nt t e ? T J x t IG e t ; °p? 1 t? sa M ? ? R t! C C 7 t a 4 ? x t o VaE H ... 9 N 14 7 ale+,. 14 a +r?1 r a 5 4 S ADE S 1 e Yo J u U 14 N R 9 9 # 1 3 ? n il o § 7 e I 4 3 T x l 1, 10 Isud aI 1 ' t? gs eta 1e .14 14 110 11 0 t 7 30 ° 133 e 1 3 x 1.n ,R ID 11 1x 1] t. la 4? 17 1. It t 37- 63 a e 4 a x , V D D 46 6 8 11 ,x " 14 15 Ic ,7 to 1¦1 i 4 9 GtI ??? I Ci? ;? i I n// ? 1 t x 1? 13S r 4 R s ° tl ? ? 7 ° F, ? 10 7 t1 C Ix Q 82 1 1a le« 43/oil Nn-N/ le YI t7 x le t°R 'J t4 1 i1 1x P It t0 + t t] C 7 E T t at 4 C 7 ! 9 - x Q Y1 y 10/x1 17 14 o il, 12 '" 2 3 t {R. 7 S fl 9 ! 11 t n. In 17 I fa 14 1] 12 11 10 „ 14 x 3 i e t 7 ° 9 _L t1i -h CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA PARTIES: Roylee Miller, 11, a single. man (herein "Seller"), of 1636 Long Bow Lane, Clearwater, Fl. 33764-6464, and the CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein ."Buyer" or "City") of P. O. Box 4748, Clearwater, Florida 33758-4748, ATTENTION: William B. Horne, II, City Manager, (collectively "Parties") hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("Personalty") (collectively "Property") upon the following terms and conditions. 1. LEGAL DESCRIPIMN: DRUID HEIGHTS, Block "C", Lot 8, as recorded in Plat Book 24, Page 64, Public Records of Pinellas County, Florida, alkla 1378 East Turner Street, Clearwater, Fl. PERSONALTY: None included In purchase price. 2. FULL PURCHASE PRICE .:...................................................................................$ 92n,nn[l.nn 3. MANNER OE : a. City of Clearwater check in U.S. funds at time of closing .............................. $ 11 ninon-on b. Additional funds to be paid upon delivery of possession to Buyer as stipulated in Paragraph 12 & attached Lease Contract (Exhibit "A") .............$ 10,000.no 4. The Full Purchase Price as shown herein has been reached through negotiations with the Seller by City staff. Don Zimmet, State Certified Appraiser, appraised the real property on August 21, 2002. The appraiser's value conclusion as of the appraisal date was $110,000.00. 5. TIME FOR ACCEPTANCE; APPROVALS Following execution of this contract by Seller, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 60 days following delivery in duplicate original to City Manager of the City of Clearwater for acceptance and approval, counter-offer, or rejection by action of the Clearwater City Commission ("Commission"). If this agreement is accepted and approved by the Commission, it will be executed by duly authorized City officials and delivered to Buyer within 10 days thereafter. If a counter-offer is approved by the Commission, it shall be delivered to Seller in writing within 10 days of such action by the City Commission, and Seller shall have 10 days thereafter to deliver to Buyer written notice of acceptance or rejection of such counter-offer. If written notice of acceptance is not timely delivered, or if the counter-offer is rejected by Seller, this contract shall thereafter be null and void in all respects. If this contract is rejected by the Commission upon initial presentation to the Commission, this contract shall be null and void in all respects and Buyer shall be so informed in writing within 5 days of such action. 6. TITLE Seller warrants legal capacity to and shall convey marketable title to the Property by Statutory Warranty Deed subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title shall be free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there. exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property. Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described herein. 7. BILE EVIDENCE Buyer may, at Buyer expense obtain a title insurance commitment issued by a Florida licensed title insurer not later than 10 days prior to closing agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seiler at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from ,receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then'is or withdrawing from this Contract. Seller will, if title is 'found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. 8. MIRVEY Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida land surveyor. If survey shows any encroachment on Real Property, or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shall be performed to minimum technical standards of the Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 117, Florida Statutes. 9, CLOSING PLACE AND DATE Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, within 60 days of the effective date, unless extended by other provisions of this contract. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 60 days without effect upon any other term, covenant or condition contained in this contract. Page 2 of 6 10. CLOSING OQUIVIENTS Buyer shall furnish closing statements for the respective parties, deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments.. If Seller is a corporation, Seller shall deliver a resolution of its Board of Directors authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth facts showing the conveyance conforms with the requirements of local law. 11. CLOSING EXPENSES The Buyer, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall pay documentary stamps on the deed. Seller shall pay the costs of recording any corrective instruments. Recordation of the deed shall be paid by Buyer. 12. TAXES A ASSESSMENTS Seller, pursuant to Paragraph 13 and Lease Contract, a copy of which is attached hereto as Exhibit "A', and by reference made a part hereof, shall remain in occupancy of the property following closing. Seiler covenants with Buyer to promptly pay all property taxes and tangible personal property taxes due for calendar year 2002 by December 31, 2002. If taxes are not paid as set forth herein, Buyer may pay taxes on Seller's behalf and to deduct the full amount of such payment, plus $100.00 for administrative costs, from the $10,000.00 balance due to Seller from Buyer following delivery of occupancy to Buyer. Seller further authorizes Buyer to pay all calendar year 2003 property and tangible personal property taxes due through day of Seller vacating the property from the balance of funds due from Seller to Buyer, so long as Seller has vacated the property in compliance with Lease Contract terms and conditions. All assessments certified and levied against the property prior to closing shall be collected by closing agent and paid at time of closing. If the amount of taxes and assessments for the year 2003, if any, cannot be ascertained at time of Seller vacating the property, rates for the previous year shall be used with due allowance being made for improvements and exemptions. 13. nrUaaNr? Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed herein. Following vacation of the property by Seller, and all parties holding occupancy under Seller, Buyer shall have the privilege of confirming by personal inspection that property has been vacated in compliance with provisions of the Lease Contract, that all taxes required to be paid have been paid, and that all utility services have been terminated and charges for such services paid in full, whereupon Buyer shall release to Seller all remaining funds due to Seller under this agreement. Seller hereby discloses that the following parties are in possession of property as tenants of Seller: Parties Names AlylkL _ 144M1 14. PROIRERTY CONDITION Seller shall deliver the Property to Buyer upon vacation in its present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller makes no warranties other than is disclosed herein in Paragraph 17 ("SELLER WARRANTIES") and marketability of title. Page 3 of 6 15. pRaCFFDS OF -RA14-CLOSING PROCEDURE The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5-day period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such notification to cure the defect. If Seiler fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seiler by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (1987), as amended. 16. nFFAULT , If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this agreement upon giving written notice to Seller. If this transaction is not closed due to any default or failure on the part of the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 17.19ELLER WARRANTIES Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or which would be detrimental to the Property, or which would effect Buyers desire to purchase the property except as follows: " Y riN .rF. A4L- S'X.t'?Fn t, w " S6;Z4 No I-ZF C=OW Y!A-OC Buyer shall have fifteen (15) days to investigate matters as disclosed herein by the Seller, and shall notify Seller in writing whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer, shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. Page 4 of 6 18. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(8), Florida Statutes (1989), as amended, Buyer is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found In buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 19. CONTRACT NOT RECORDABLE: PERSONS BQUNn Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 20. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who Wil in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 21. ASSIGNARILITY;_PERSONS BQLiNn This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 22. ATTf7BNEY-FEES; Q,9TS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 23. TVpFWRITrEN OR HANDWRITTEN IRROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 24. IFEFECT__OFPAR The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. . . Page 5 of 6 25. MOVERNING LAW It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. 26.? COUNIERPART-S; FACSIMII E GUIR This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. $7. ENTIRE AGREEMENT Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties, .shall supersede any and all prior and contemporaneous written and 'oral promises, representations or conditions in- respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. APPROVED AND ACCEPTED this day of ....-12002 , BUYER Countersigned: CITY OF CLEARWATER, FLORIDA Brian J. Aungst, Mayor-Commissioner Approved as to form: Bryan D. Ruff, Assistant City Attorney . By: William B. Horne II, City Manager Attest: Cynthia E. Goudeau, City Clerk .Won ...... . ......... w o n ...... r .... . w ........................................ SELLER cylee Mi 1,1 EbarrettonpwalldlybuyslGlen Oaks Conlr (Miller) 0902.doc Page 6 of 6 1E EXHIBIT "A" LEASE CONTRACT THIS LEASE CONTRACT, entered into this day of , 2002, between the City of Clearwater, Florida, a Florida municipal corporation ("Lessor"), and Roylee Miller ii, a single man ("Lessee"). WITNESSETH: That the Lessor does lease to the Lessee the following premises located in Pinellas County, Florida: DRUID HEIGHTS, Block "C", Lot 8 as recorded In Plat Book 24, Page 64, Public Records of Pinellas County, Florida, alkla 1378 East Turner 5t., Clearwater, Fl. Such property shall hereinafter be referred to as the "leased premises" or the "demised premises" or the "leased property." 1. LEASE TERM. The term of this lease shall commence simultaneously with conveyance of title to the leased property from Lessee to Lessor, and shall continue until midnight on Sunday, the 31st day of August, 2003 (the "termination date"). 2. RENT. The Lessee agrees to pay and the Lessor agrees to accept as rent during the term of this lease the sum of One Dollar ($1.00), and other good and valuable consideration, including but not limited to the faithful completion of all terms, provisions, covenants and obligations of Lessee as required by this Lease Contract. 3. SECURITY DEPOSIT. The parties hereto acknowledge that Lessor has retained and is holding Ten Thousand and 001100 Dollars ($10,000,00) of the Purchase Price Lessor contracted to pay Lessee for the leased property, the same to be held as security for the performance of Lessee's obligations under this lease, including without limitation the surrender of possession of the premises to Lessor as herein provided. If Lessor applies any part of the deposit to cure any default of Lessee, Lessee shall on demand deposit with Lessor the amount- so applied so that Lessor shall have the full deposit on hand at all times during the term of this lease. Upon the full and faithful performance by Lessee of all the terms and conditions of this Lease Contract, Lessor shall promptly disburse the full amount of the Security Deposit to Lessee within ten (10) days following lease termination, less any disbursements made by Lessor on behalf of Lessee In fulfillment of Lessee's obligations hereunder. 4. USE OF PREMISES. The premises are leased to Lessee solely for the following uses and no other use can be made of the premises during the term without the written consent of the Lessor: The premises will be used exclusively for single family residential purposes. 5. UTILITIES. Water, sewer, electric and all other utilities of any }rind shall be billed directly to Lessee or tenants of Lessee, and are or shall be individually metered for the subject premises. All deposits for such utilities shall be the sole responsibility of Lessee. 6. TAXES AND ASSESSMENTS Lessee shall be responsible for prompt payment of all real estate taxes, tangible personal property taxes, any liens and assessments levied against the leased property during the terra, or subsequent to the term hereof, if such liens or assessments result from the actions or inactions of Lessee as the same may relate to the operation of this Lease Contract. Provisions of Paragraph 3 (Security Deposit) are applicable to insuring Lessee compliance with requirements of this paragraph. 7. OBSERVANCE OF LAWS AND ORDINANCES. Lessee agrees to observe, comply with and execute promptly at its expense during the term hereof, ail laws, rules, requirements, orders, directives, codes, ordinances and regulations of governmental authorities and agencies and of insurance carriers which relate to its use or occupancy of the demised premises. 8. ASSIGNMENT OR SUBLEASE. Lessee shall not, without first obtaining the written consent of Lessor, assign, mortgage, pledge, or encumber this lease, in whole or in part, or sublet the premises or any part thereof other than to those tenants of Lessee as previously disclosed to Lessor, or as must subsequently be disclosed in the event of a successor tenancy. Lessor expressly covenants that such consent to sublet shall not be unreasonably or arbitrarily refused. This covenant shall be binding on the legal representatives of Lessee, and on every person to whom Lessee's interest under this lease passes by operation of law. 9. ALTERATIONS AND IMPROVEMENTS. The Lessee shall not make any structural alterations or modifications or improvements which are part of the leased property without the written consent of the Lessor, and any such modifications or additions to said property shall become the property of the Lessor upon the termination of this lease or, at Lessor's option, the Lessee shall restore the leased property at Lessee's expense to its original condition. The restrictions of this paragraph shall not apply to maintenance of the leased property, but shall apply to any change which changes the architecture or purpose of the property or which changes any of the interior walls of the Improvements or which annexes a fixture to any part of the leased property which cannot be removed without damage thereto. In the event Lessee desires to make any alterations or modifications, written notice shall be given to the Lessor. Unless the Lessor objects to such proposals by notice to Lessee within twenty (20) days after written notice from Lessee, the proposal shall be deemed approved. Lessee shall have no power or authority to permit mechanics or materialmen's liens to be placed upon the leased property in connection with maintenance, alterations or modifications. Lessee shall, within fifteen (15) days after notice from Lessor, discharge any mechanic's liens for materials or labor claimed to have been furnished to the premises on Lessee's behalf. Not later than the last day of the term Lessee shall, at Lessee's expense, remove all of Lessee's personal property and those improvements made by Lessee which Page 2 of 7 have not become the property of Lessor, including trade fixtures and the like. All property remaining on the premises after the last day of the term of this lease shall be conclusively deemed abandoned and may be removed by Lessor and Lessee shall reimburse Lessor for the cost of such removal. 10. REMOVAL OF IMPROVEMENTS Lessee, at Lessee option, shall have the priviledge of removing the residential structure From the subject property. In the event Lessee intends to exercise such option, written Notice shall be provided to Lessor not later than sixty (80) days prior to the termination date, whereupon the structure may be removed at Lessee's sole cost and expense. All work activities, including removal of debris and lot leveling, shall be fully completed by not later than the termination date of this Lease. Lessee shall be responsible for obtaining all permits required to remove and move the structure, proper cutting and capping of sanitary, gas and water services, termination of solid waste, electric, telephone, cable and all other utility and any other services provided to the subject property. Lessee shall pay the full cost of all such services through date of detmination, including any service charges for termination of same. Mechanics and materialmen's lien covenants of Paragraphs 9 and 21 hereof are fully appliable to every provision contained herein. In the exercise of the rights and priviledges as provided herein, and as further assurance of Lessee compliance with its provisions, Lessee shall procure a performance bond in the amount of not less than $50,000 from a licensed bonding farm authorized to conduct business in the State of Florida bonding and guaranteeing Lessee compliance with all terms and conditions of this paragraph. 11. RIGHT OF ENTRY. The Lessor, or any of its agents, shall have the right to enter said premises during all reasonable hours, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation thereof, or of said building, or to exhibit said premises. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, which do not conform to this agreement. 12. RESTORING PREMISES TO ORIGINAL CONDITION. Lessee represents that the premises leased are in good, sanitary and tenantable condition for use by Lessee and Lessee's tenants. Lessee's acceptance or occupancy of the leased premises shall constitute a recognition of such condition. Lessee hereby accepts the premises in the condition they are in at the beginning of this lease and agrees to maintain said premises in the same condition, order and repair as they are at the commencement of said term, and to return the premises to their original condition at the expiration of the term, excepting only reasonable wear and tear arising from the use thereof under this agreement. The Lessee agrees to make good to said Lessor immediately upon demand, any damage to water apparatus, or electric lights or any fixture, appliances or appurtenances of said premises, or of the walls or the building caused by any act or neglect of Lessee or of any person or persons in the employ or under the control of the Lessee. 13. INSURANCE. Lessee agrees to comply with all terms, provisions and requirements contained in Exhibit "B" attached hereto and made a part hereof as if said document were fully set forth at length herein. Page 3 of 7 14. MAINTENANCE. Lessee and any person or persons in the employee or under the control of Lessee shall keep the foundation, outer walls, roof and buried conduits of the premises in good repair. The same shall keep the inside of said premises and the interior doors, windows and window frames of said premises in good order, condition and repair and shall also keep the premises in a clean, sanitary and safe condition in accordance with law and in accordance with all directions, rules and regulations of governmental agencies having jurisdiction. The Lessee shall be responsible for providing all light bulbs used on the premises. The plumbing facilities shall not be used for any other purposes than that for which they are constructed and no foreign substances of any kind shall be thrown therein, and the expense of any breakage, stoppage or damage resulting from the violation of this provision shall be borne by the Lessee. The heating and air-conditioning system and plumbing facilities shall be under the control of Lessee, and all repair or replacements of such facilities will be at Lessee's expense. In the event Lessor pays any monies required to be paid by Lessee hereunder, Lessor shall demand repayment of same from Lessee and Lessee shall make payment within ten (10) days of receipt of said demand. Lessee's failure to make such repayment within the ten (10) day period shall constitute a default under the terms of this lease. 15, DESTRUCTION OF PREMISES. In the event that the building should be totally destroyed by fire, earthquake or other cause, to such an extent that it cannot be rebuilt or repaired within sixty (60) days after the date of such destruction, this lease shall be terminated. In the event that the building should be partially damaged by fire, earthquake or other cause, but only to such an extent that it can be rebuilt or repaired within sixty (60) days after the date of such destruction, the lease shall be void or voidable, but not terminated, except as otherwise provided herein. If the Lessee intends to rebuild or repair the premises, he shall, within fifteen (15) days after the date of such damage, give written notice to Lessor of his intention to rebuild or repair and shall proceed with reasonable diligence to restore the building to substantially the same condition in which it was immediately prior to the destruction. If, after rebuilding or repairing has commenced, such rebuilding or repairing cannot be completed within sixty (60) days after the date of such partial destruction, the Lessor may terminate this lease. 16. EMINENT DOMAIN. If the whole or any part of the premises hereby leased shall be taken by any public authority under power of eminent domain, then the term of this lease shall cease on the part so taken from the date title vests pursuant to such flaking, and the rent and any additional rent shall be paid up to that day, and if such portion of the demised premises is so taken as to destroy the usefulness of the premises for the purpose for which the premises were leased, then from that day the Lessee shall have the right to either terminate this lease or to continue in possession of the remainder of the same under the terms herein provided, except that the rent shall be reduced in proportion to the amount of the premises taken. The parties agree that the Lessee shall not be entitled to any damages by reason of the taking of this leasehold, or be entitled to any part of the award for such taking, or any payment in lieu thereof. Page 4 of 7 17. DEFAULT; REMEDIES. The Lessee further covenants that, if the Lessee shall violate any of the covenants of this lease, such violation shall be considered a default hereunder, and should Lessee fail to correct such default within fifteen (15) days after a written request by the Lessor to do so, then the Lessor may, at its option, deem this lease terminated. Lessee shall thereafter become a tenant at sufferance, and the Lessor shall be entitled to obtain possession of the premises as provided by law. 19. MISCELLANEOUS. (a) The Lessor shall have the unrestricted right of assigning this lease at any time, and in the event of such assignment, the Lessor shall be relieved of all liabilities hereunder. (b) This contract shall bind the Lessor and its assigns or successors, and the Lessee and assigns and successors of the Lessee. (c) It is understood and agreed between the parties hereto that time is of the essence of this contract and this applies to all terms and conditions contained herein. (d) It is understood and agreed between the parties hereto that written notice sent by certified or registered mail, or hand delivered to the premises leased hereunder, shall constitute sufficient notice to the Lessee, and written notice sent by certified or registered mail or hand delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this contract. (e) The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. (€) It is hereby understood and agreed that Lessee shall use no signs in connection with the premises hereunder. (g) It is understood that no representations or promises shall be binding on the parties hereto except those representations and promises contained herein or in some future writing signed by the party making such representations or promises. 20. ' SUBROGATION. The Lessor.and Lessee do agree that each will cause its policies of insurance for fire and extended coverage to be so endorsed as to waive any rights of subrogation which would be otherwise available to the Insurance carriers, by reason of any loss or damage to the leased property or property of Lessor. Each party shall look first to any insurance in its favor before making any claim against the other party. Nothing contained herein shall in any way be considered or construed as a waiver or release by the Lessor of any and all of the other covenants and conditions contained in this lease to be performed by the Lessee. Page 5 of 7 21. INDEMNIFICATION. The Lessee shall indemnify the Lessor against all liabilities, expenses and losses incurred by the Lessor arising out of or related to the leased premises or Lessee's use or occupancy thereof, to include but not being limited to (a) failure by the Lessee, or its agents, to perform any provision, term, covenant or agreement required to be performed by the Lessee under this agreement; (b) any occurrence, injury or personal or property damage which shall happen in or about the leased property or appurtenances resulting from the condition, maintenance, construction on or of the operation of the leased property; (c) failure to comply with any requirements of any governmental authority or insurance company insuring the leased property or its contents; (d) any security agreement, conditional bill of sale or chattel mortgage or mechanic's ilen connected with Lessee, its obligations or operations, filed against the leased property, fixtures, equipment or personalty therein; and (e) any construction, work, alterations or improvements by Lessee on the leased property. Such indemnification shall include reasonable attorney's fees for all proceedings, trials and appeals. 22. "AS IS" CONDITION. The Lessee accepts the leased premises on an "as is" basis, and Lessor shall have no obligation to Improve or remodel the leased premises. 23. SEVERANCE. The invalidity or unenforceability of any portion of this lease shall in nowlse affect the remaining provisions and portions hereof. 24. CAPTIONS. The paragraph captions used throughout this lease are for the purpose of reference only and are not to be considered in the construction of this lease or in the interpretation of the rights or obligations of the parties hereto. 29. NO HAZARDOUS MATERIALS. The Lessee herewith covenants and agrees that no hazardous materials, hazardous waste, or other hazardous substances will be used, handled, stored or otherwise placed upon the property or, in the alternative, that such materials, wastes or substances may be located on the property, only upon the prior written consent of the Lessor hereunder, and only in strict accord and compliance with any and all applicable state and federal laws and ordinances. In the event such materials are utilized, handled, stored or otherwise placed upon the property, Lessee expressly herewith agrees to indemnify and hold Lessor harmless from any and all costs incurred by Lessor or damages as may be assessed against Lessor in connection with or otherwise relating to said hazardous materials, wastes or substances at anytime, without regard to the term of this lease. This provision shall specifically survive the termination hereof. 30. CONFORMANCE WITH LAWS. Lessee agrees to comply with all applicable federal, state and local laws during the life of this Contract. Page 6 of 7 EXHIBIT "B" IF INSURANCE Property Insurance: Lessee shall procure and maintain for the life of the Lease, Property Insurance to cover any loss resulting from destruction or damage to real and personal property. The policy of insurance shall be an "All Risk" type, excluding Flood Insurance in recognition of subject property being located outside of a 100-year storm event flood zone designation on National Flood Insurance Rate Map Community Panel No. 125096 0015 D as revised August 19, 1991. The policy shall be written on a 100% replacement value basis and Lessee may elect a deductible amount up to but not more than $1,000. Lessor shall be included and identified as an Additional Insured under the policy and on the Certificate of Insurance. Liability Insurance: Lessee shall procure and maintain for the life of the Lease, General Liability Insurance. This coverage shall be on an "Occurrence" basis. The policy shall provide coverage for death, bodily injury, personal injury or property damage that could arise directly or Indirectly from the performance and operation of this Lease. The minimum limits of coverage shall be $300,000 Per Occurrence Combined Single Limit for Bodily Injury Liability and Property Damage. The Lessor shall be included and Identified as an Additional Insured under the policy and on the Certificate of Insurance. The insurance coverages and conditions afforded by these policies -shall not be suspended, voided, cancelled or modified except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City's Risk Management Office. All Insurance policies required within this provision shall provide full coverage from the first dollar of exposure unless stipulated. No deductibles will be accepted other than as stipulated herein. Certificates of Insurance Meeting the specific required Insurance provisions specified In this Lease shall be forwarded to the City's Risk Management Office and approved prior to Lease commencement. After review, the Certificate will be filed as part of the official Lease file. Radon Gas Notification, as required by Florida Statute 404.056(8) is to be Inserted in all contracts for sale, purchase or rental of real property, Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated In a building In sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings In Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. .^.,.. 31. ATTORNEY'S FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 32. GOVERNING LAW. The laws of the State of Florida shall govern this Contract, any action brought by either party shall lie in Pinellas County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set forth above. LESSOR CITY OF CLEARWATER, FLORIDA Countersigned: Brian J. Aungst Mayor-Commissioner Approved as to form: Bryan, D. Ruff Assistant City Attorney LESSEE By: William B. Horne it City Manager Attest: Cynthia E. Goudeau City Clerk RRo??lliifer, j ? 7 ., a . M? Clearwater City Commission Agenda Cover. Memorandum Work session Item #: Final Agonda Item # Meeting hate: 19-05-07 SUBJECT/RECOMMENDATION: Approve a contract with Michael P. Loberg and Harmonie A. Loberg ("Sellers") to purchase DRUID HEIGHTS, Block C, Lot 9 for $120,000, an additional $275 to reimburse Sellers appraisal expenses, plus estimated expenditures of $1750 for survey, title insurance and closing costs; and approve a Lease Contract with said Sellers to lease back the subject property for $1.00 and other valuable consideration from closing until August 31, 2003,. 0 and that the anorooriate officials be authorized to execute same. SUMMARY: • At its meeting on October 3, 2002 the Commission approved a work order to begin design work to convert the approximately 27 acre Glen Oaks Golf Course into a stormwater management site. • With the exception of three residences, the entire road frontage along the north side of Turner Street between Evergreen and Hillcrest Avenues is part of the Glen Oaks property. • At the end of July staff. contacted the three owners with an offer to have their respective properties appraised at full market value with the intention of negotiating their purchase. • All three property owners agreed to allow the City to obtain appraisals of their properties. The subject parcel, located at the northwest corner of Hillcrest Avenue & Turner Street, is one of the three properties. • Appraisal Associates of Tampa Bay appraised the subject property at $98,000 on August 21, 2002. The Sellers obtained a subsequent appraisal from Purdue, Heid, Church, Smith & Waller of Tampa that valued the property as of September 27, 2002 at $126,000. • The Sellers have agreed to sell the property for $120,000, subject to being able to lease the property back for $1.00 and other consideration until August 31, 2003, the estimated date after which the property will be required for project purposes. • During the lease period the Sellers will be responsible for all maintenance and taxes, as well as providing adequate property damage and liability insurance with the City as additional insured. • Sufficient budget and revenue are available in the Capital Improvement Program project 315- 96149, Storm System Expansion to fund this purchase, and the anticipated project schedule will accommodate the lease back term. • A copy of the purchase contract and the lease contract are available for review in the Official Records and Legislative Services office. Reviewed b Originating Dept: e-y Costs: Legal Info Srvc NA Public Works (E. Barre t) Total 122,025 Budget Public Works User Dept. Funding Source: Purchasing DCMIACM Current FY 122,025 C1 X Risk Mgmt NA Other N Attachments OP Locator Map Other Submitted by: City Manager Appropriation Code: 315.96145.560100-539-000 Printed on recyrJ9d-prpor 5:pwa on pwaIlenginlwordlagendalGIon0aksPurchaso-Loberg agn 1002.doc Rev, 2198 LOCATOR MAP: DRUID HEIGHTS Block "C" Lot 9 alkla 1380 E. Turner St. ?--- -- i --- ewer ? _ '• 17jAGi ca?a . 11 r 1 • r 11 W A r,lorvm..A 7, 7 {, NOOERS I , Y.a ?'M•IM !11 fit) IY 71 I ! ? „ 11 7T 1, a 7/ n i 1 ctu>:r r 41 I li + • ? _ N s s r n n 7„ n s, ,! 64 J10c 1 , 4r I rf ; .xro, '° , u 10 it .r. ax/ox 151 .4 a 17 Irr -' _... I m Mfr,'13 r„; 7! Ire; ur+ ] m 102/05 S 1rr a U/Ix 10 rri IO iii ly l,r = ii xrob I j ej a 3 1rr ~, ` w S f . i72P e I m as ? i; p 4x1'07 _ I a7]IJ 47pb p;1„ 0R1.00 I '" s 3 1 ] 7 lit f n ml? Mi 6 ? I L iw ?, e 7 e ] te -/ 10, s 11 1 10 1 ! 13 14 =7 i 1A9.ut = MAY Hr ? ? ? R R ! Q ? 1 5 , ] x t ? OVE CH 1 to n rx ,a u 9 tl 7 b 5 a 3 x 1 30-03 ,a lia n tx ,] „ ,b tl 1T ,ar II a "?"' ua0N0t1A DR i Lotuc PAN II II 1MI / b? 4 4 ? Q ? a Y 7 C ?; 7 $ 1 c 7 c 37 •6'e 4 ] x 1 U a u G A Dl')- 4B 60 " II f t0 it Ix , u to n 17 13 t, ,b ti t] n 7 E ,b a tx 82 d is ,"0 ,5/011 tl ,: 11 16 „ ,] ,x tlp 10 9 1 7 T 7 e ° e uD/ + 5 x , 17 r.wo 41- ^, ^?'. JO ]i a of ea a .1,t i-??2 22 CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA PARTIES: Michael P. Loberg and Harmonie A. Loberg, husband and wife (herein "Seller"), of 1380 East Turner Street, Clearwater, Fl, 33756-6016, and the CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Buyer" or "City") of P. O. Box 4748, Clearwater, Florida 33758-4748, ATTENTION: William B. Horne, II, City Manager, (collectively "Parties") hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("Personalty") (collectively "Property") upon the following terms and conditions. I - LEGAL QEgC13,IEJION: DRUID HEIGHTS, Block "C", Lot 9, as recorded in Plat Book 24, Page 64, Public Records of Pinellas County, Florida, alkla 1380 East Turner Street, Clearwater, Fl. PERSONALTY: None included in purchase price. 2. FULL PURCHASE PRICE ..................................................................................... Q,00?_OD $ :I2 Reimbursement of Seller funded appraisal ..........................................................$ 275-0n TOTAL COMPENSATION ..............................................................................$ 120,275.00 3. MANNER OF PA. YMEN : a. City of Clearwater check in U.S. funds at time of closing .............................. $110-275_nn b. Additional funds to be paid upon delivery of possession to Buyer as stipulated in Paragraph 12 & attached Lease Contract (Exhibit "A"} .............$ 4. PI LRGHASE PRICE DETERMINATION The Full Purchase Price as shown herein has been reached through negotiations with the Seller by City staff. Don Zimmet, State Certified Appraiser, appraised the real property on August 21, 2002. The appraiser's value conclusion as of the appraisal date was $98,000.00. Seller obtained an appraisal performed by Counts Johnson, State Registered Assistant Real Estate Appraiser on September 27, 2002. The assistant appraiser's conclusion of value as of the appraisal date was $126,000. 5.1IME EDE ACCEPTANCE; APEROVAI S Following execution of this contract by Seller, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 60 days following delivery in duplicate original to City Manager of the City of Clearwater for acceptance and approval, counter-offer, or rejection by action of the Clearwater City Commission ("Commission"). If this agreement is accepted and approved by the Commission, it will be executed by duly authorized City officials and delivered to Buyer within 10 days thereafter. If a counteroffer is approved by the Commission, it shall be delivered to Seller in writing within 10 days of such action by the City Commission, and Seller shall have 10 days thereafter to deliver to Buyer written notice of acceptance or rejection of such counter-offer. If written notice of acceptance Is not timely delivered, or if the counter-offer is rejected by Seller, this contract shall thereafter be null and void in all respects. If this contract is rejected by the Commission upon initial presentation to the Commission, this contract shall be null and void in all respects and Buyer shall be so informed in writing within 5 days of such action. R L," . 6.- TITLE Seller warrants legal capacity to and shall convey marketable title to the Property by Statutory Warranty Deed subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title shall be free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and no others provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property. Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described herein. 7. TITLE EVIDENCE Buyer may, at Buyer expense obtain a title insurance commitment issued by a Florida licensed title Insurer not later than 10 days prior to closing agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract. Seiler will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. 8. SIIRVFV Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida land surveyor. If survey shows any encroachment on Real Property, or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shall be performed to minimum technical standards of the Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 117, Florida Statutes. 9. CLOSING PLACE AND DATE Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, within 60 days of the effective date, unless extended by other provisions of this contract. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 60 days without effect upon any other term, covenant or condition contained in this contract. Page 2 of 6 10. .CLQSjhjG DBCUMENTS Buyer shall furnish closing statements for the respective parties, deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments. If Seller is a corporation, Seller shall deliver a resolution of its Board of Directors authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth facts showing the conveyance conforms with the requirements of local law. 11. CLOSING EXPENSES The Buyer, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall pay documentary stamps on the deed. Seller shall pay the costs of recording any corrective instruments. Recordation of the deed shall be paid by Buyer. 12. LEASE CONTRACT, TAXES K ASSESSMENTS Seller, pursuant to Paragraph 13 and Lease Contract, a copy of which is attached hereto as Purchase Contract Exhibit "A", and by reference made a part hereof, shall remain in occupancy of the property following closing. Seller covenants with Buyer to promptly pay all property taxes and tangible personal property taxes due for calendar year 2002 by December 31, 2002. If taxes are not paid as set forth herein, Buyer may pay taxes on Seller's behalf and to deduct the full amount of such payment, plus $100.00 for administrative costs, from the $10,000.00 balance due to Seller from Buyer following delivery of occupancy to Buyer. Seller further authorizes Buyer to pay all calendar year 2003 property and tangible personal property taxes due through day of Seller vacating the property from the balance of funds due from Seller to Buyer, so long as Seiler has vacated the property in compliance with Lease Contract terms and conditions. All assessments certified and levied against the property prior to closing shall be collected by closing agent and paid at time of closing. If the amount of taxes and assessments for the year 2003, if any, cannot be ascertained at time of Seller vacating the property, rates for the previous year shall be used with due allowance being made for improvements and exemptions. 13.OCCUPANCv Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed herein. Following vacation of the property by Seller, and all parties holding occupancy under Seller, Buyer shall have the privilege of confirming by personal inspection that property has been vacated in compliance with provisions of the Lease Contract, that all taxes required to be paid have been paid, and that all utility services have been terminated and charges for such services paid in full, whereupon Buyer shall release to Seller all remaining funds due to Seiler under this agreement. Seller hereby discloses that the following parties are jointly in ossession of property with Seller: (If none, insert "NONE"). Parties Names _ / Q 4Z -- 14. PROPERTY CON TION Seller shall deliver the Property to Buyer upon vacation in its present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller makes no warranties other than is disclosed herein in Paragraph 17 ("SELLER WARRANTIES") and marketability of title. Page 3of6 15. PROCEEDS OF SALE; CLOSING PROCFIIURF The deed shall be recorded upon clearance of funds. Proceeds of safe shall be held in escrow by SeIler's attorney or by such other mutually acceptable escrow agent-for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5-day period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. The escrow and.closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (1987), as amended. 16. DEFAULT If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this agreement upon giving written notice to Seller. If this transaction is not closed due to any default or failure on the part of the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 17. SFI 1 FR WARRANTIES Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or which would be detrimental to the Property, or which would effect Buyer's desire to purchase the property except as follows: iftecify known defects. If none are knnwn,_MJrjf,Q_" 111 Buyer shall have fifteen (15) days to investigate matters as disclosed herein by the Seller, and shall notify Seller in writing whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. Page 4 of 6 18. RADONr2AS NOj'IFICATION In accordance with provisions of Section 404.056(8), Florida Statutes (1989), as amended, Buyer is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 19. CONTRACT NOT RECORDABLE; PERSONS BQI JNQ Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 20. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 21. ASSIGNABILITY; PERSQNS BOLIND This contract is not assignable. The terms "Buyer", "Seller", and "Brokee' (if any) may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if assignment is permitted). 22. ATTORNEY FEES; COSTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 23. TYPEWRITTEN OR HANDWRI` EN IR.R03LISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 24. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. Page 5of6 25. r,OvFawNr i c?•• It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. 26. r•OINTO FPARTGi FO .SIMI F .OPV This contract may be executed in two or more counterparts, each of which shall be deemed an odglnal and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 27. ENDIRE M Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the pa}ties, shall supersede any and all prior and contemporaneous written and oral, promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. APPROVED AND ACCEPTED this ' day of , 2gg2. [BUYER Countersigned: Drian J. Aungst,. Mayor-Commissioner CITY OF CLEARWATER, FLORIDA By: William B. Horne II, City Manager' Approved as to form: Bryan D. Ruff, Assistant City Attorney Attest: Cynthia E. Goudeau, City Clerk . . r w w ... .. . . . ... .. ................ .. r r r r . . .. . . r . .. . r .. .. .................. . SELLER Michael P. Loberg Harmonie A. 116-berg E:barrettonpwal/douys/Glen Oaks Contr (Loberg) 1002.doe Page 6of6 PURCHASE CONTRACT EXHIBIT "A" LEASE CONTRACT THIS LEASE CONTRACT, entered into this day of , 2002, between the City of Clearwater, Florida, a Florida municipal corporation ("Lessor'"), and Michael P. Loberg and Harmonle A. Loberg, husband and wife ("Lessee"). WITNESSETH: That the Lessor does lease to the Lessee the following premises located in Pinellas County, Florida: DRUID HEIGHTS, Block "C", Lot 9 as recorded in Plat Book 24, Page 64, Public Records of Pinellas County, Florida, alkla 1380 East Turner St., Clearwater, Fl. Such property shall hereinafter be referred to as the "leased premises" or the "demised premises" or the "leased property." 1. LEASE TERM. The term of this lease shall commence simultaneously with conveyance of title to the leased property from Lessee to Lessor, and shall continue until midnight on Sunday, the 31 st day of August, 2003 (the "termination date"). 2. RENT. The Lessee agrees to pay and the Lessor agrees to accept as rent during the term of this lease the sum of One Dollar ($1.00), and other good and valuable consideration, including but not limited to the faithful completion of all terms, provisions, covenants and obligations of Lessee as required by this Lease Contract. 3. SECURITY DEPOSIT. The parties hereto acknowledge that Lessor has retained and is holding Ten Thousand and 00/100 Dollars ($10,000.00) of the Purchase Price Lessor contracted to pay Lessee for the leased property, the same to be held as security for the performance of Lessee's obligations under this lease, including without limitation the surrender of possession of the premises to Lessor as herein provided. If, Lessor applies any part of the deposit to cure any default of Lessee, Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit on hand at all times during the term of this lease. Upon the full and faithful performance by Lessee of all the terms and conditions of this Lease Contract, Lessor shall promptly disburse the full amount of the Security Deposit to Lessee within ten (10) days following lease termination, less any disbursements made by Lessor on behalf of Lessee in fulfillment of Lessee's' obligations hereunder. 4. USE OF PREMISES. The premises are leased to Lessee solely for the following uses and no other use can be made of the premises during the term without the written consent of the Lessor: The premises will be used exclusively for single family residential purposes. 5. UTILITIES. Water, sewer, electric and all other utilities of any kind shall be billed directly to Lessee or tenants of Lessee, and are or shall be individually metered for the subject premises. All deposits for such utilities shall be the sole responsibility of Lessee. 6. TAXES AND ASSESSMENTS Lessee shall be responsible for prompt payment of all real estate taxes, tangible personal property taxes, any liens and assessments levied against the leased property during the term, or subsequent to the term hereof, if such liens or assessments result from the actions or inactions of Lessee as the same may relate to the operation of this Lease Contract. Provisions of Paragraph 3 (Security Deposit) are applicable to insuring Lessee compliance with requirements of this paragraph. 7. OBSERVANCE OF LAWS AND ORDINANCES. Lessee agrees to observe, comply with and execute promptly at its expense during the term hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of governmental authorities and agencies and of insurance carriers which relate to its use or occupancy of the demised premises. 8. ASSIGNMENT OR SUBLEASE. Lessee shall not, without first obtaining the written consent of Lessor, assign, mortgage, pledge, or encumber this lease, in whole or in part, or sublet the premises or any part thereof other than to those tenants of Lessee, if any, as previously disclosed to Lessor, or as must subsequently be disclosed in the event of a successor tenancy. Lessor expressly covenants that such consent to sublet shall not be unreasonably or arbitrarily refused. This covenant shall be binding on the legal representatives of Lessee, and on every person to whom Lessee's interest under this lease passes by operation of law. 9. ALTERATIONS AND IMPROVEMENTS. The Lessee shall not make any structural alterations or modifications or Improvements which are part of the leased property without the written consent of the Lessor, and any such modifications or additions to said property shall become the property of the Lessor upon the termination of this lease or, at Lessor's option, the Lessee shall restore the leased property at Lessee's expense to Its original condition. The restrictions of this paragraph shall not apply to maintenance of the leased property, but shall apply to any change which changes the architecture or purpose of the property or which changes any of the interior walls of the improvements or which annexes a fixture to any part of the leased property which cannot be removed without damage thereto. In the event Lessee desires to make any alterations or modifications, written notice shall be given to the Lessor. Unless the Page 2 of 7 Lessor objects to such proposals by. notice to Lessee within twenty (20) days after written notice from Lessee, the proposal shall be deemed approved. Lessee shall have no power or authority to permit mechanics or materialmen's liens to be placed upon the leased property in connection with maintenance, alterations or modifications. Lessee shall, within fifteen (15) days after notice from Lessor, discharge any mechanic's liens for materials or labor claimed to have been furnished to the premises on Lessee's behalf. Not later than the last day of the term Lessee shall, at Lessee's expense, remove all of Lessee's personal property and those improvements made by Lessee which have not become the property of Lessor. All property remaining on the premises after the last day of the term of this lease shall be conclusively deemed abandoned and may be removed by Lessor and Lessee shall reimburse Lessor for the cost of such removal. 10. RIGHT OF ENTRY. The Lessor, or any of its agents, shall have the right to enter said premises during all reasonable hours, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation thereof, or of said building, or to exhibit said premises. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, which do not conform to this agreement. 11. RESTORING PREMISES TO ORIGINAL CONDITION. Lessee represents that the premises leased are in good, sanitary and tenantable condition for use by Lessee and Lessee's tenants. Lessee's acceptance or occupancy of the leased premises shall constitute a recognition of such condition. Lessee hereby accepts the premises in the condition they are in at the beginning of this lease and agrees to maintain said premises in the same condition, order and repair as they are at the commencement of said term, and to return the premises to their original condition at the expiration of the term, excepting only reasonable wear and tear arising from the use thereof under this agreement. Subject to provisions of paragraph 12, Lessee agrees to make good to said Lessor immediately upon demand, any damage to water apparatus, or electric lights or any fixture, appliances or appurtenances of said premises, or of the walls or the building caused by any act or neglect of Lessee or of any person or persons in the employ or under the control of the Lessee. 12. INSURANCE; REMOVAL OF PROPERTY. Lessee shall procuree and maintain for the life of the Lease a Renters Insurance policy to cover any loss Lessee may suffer resulting from the damage or destruction of Lessee's personal property and any personal or real property owned by Lessor which Lessor has agreed may be removed by Lessee upon lease termination. Lessor-owned fixtures and improvements that may be removed by Lessee at termination are itemized and listed as "Addendum of Items" (EXHIBIT "A") attached hereto and a part hereof. The policy of insurance shall also provide General Liability Insurance coverage on an "Occurrence" basis which shall provide coverage for death, bodily injury, personal injury or property damage that could occur directly or indirectly from the actions or inactions of Lessee during the performance and operation of this lease. The minimum limits of coverage shall be $300,000 Per Occurence Combined Single Limit for Bodily Injury Liability and Property Damage. The Lessor shall be Included and identified as Additional Insured under the policy and on the Certificate of Insurance. Lessor covenants with Lessee that the attached Homeowners Insurance Quote provided to Lessee by the White-Hoskins Agency, Inc. and dated 10/30122 (EXHIBIT "B"), is sufficient to meet the requirements of this paragraph. Page 3 of 7 13. MAINTENANCE. Lessee and any person or persons in the employee or under the control of Lessee shall keep the foundation, outer walls, roof and buried conduits of the premises in good repair. The same shall keep the inside of said premises and the interior doors, windows and window frames of said premises in good order, condition and repair and shall also keep the premises in a clean, sanitary and safe condition in accordance with law and in accordance with all directions, rules and regulations of governmental agencies having jurisdiction. The Lessee shall be responsible for providing all light bulbs used on the premises. The plumbing facilities shall not be used for any other purposes than that for which they are constructed and no foreign substances of any kind shall be thrown therein, and the expense of any breakage, stoppage or damage resulting from the violation of this provision shall be borne by the Lessee. The heating and air-conditioning system and plumbing facilities shall be under the control of Lessee, and all repair or replacements of such facilities will be at Lessee's expense. In the event Lessor pays any monies required to be paid by Lessee hereunder, Lessor shall demand repayment of same from Lessee and Lessee shall make payment within ten (10) days of receipt of said demand. Lessee's failure to make such repayment within the ten (10) day period shall constitute a default under the terms of this lease. 14. DESTRUCTION OF PREMISES. In the event that the building should be totally destroyed by fire, earthquake or other cause, to such an extent that it cannot be rebuilt or repaired within sixty (60) days after the date of such destruction, this lease shall be terminated. In the event that the building should be partially damaged by fire, earthquake or other cause, but only to such an extent that it can be rebuilt or repaired within sixty (60) days after the date of such destruction, the lease shall be void or voidable, but not terminated, except as otherwise provided herein. If the Lessee intends to rebuild or repair the premises, he shall, within fifteen (15) days after the date of such damage, give written notice to Lessor of his intention to rebuild or repair and shall proceed with reasonable diligence to restore the building to substantially the same condition in which it was immediately prior to the destruction. If, after rebuilding or repairing has commenced, such rebuilding or repairing cannot be completed within sixty (60) days after the date of such partial destruction, the Lessor may terminate this lease. 15. EMINENT DOMAIN. If the whole or any part of the premises hereby leased shall be taken by any public authority under power of eminent domain, then the term of this lease shall cease on the part so taken from the date title vests pursuant to such taking, and the rent and any additional rent shall be paid up to that day, and if such portion of the demised premises is so taken as to destroy the usefulness of the premises for the purpose for which the premises were leased, then from that day the Lessee shall have the right to either terminate this lease or to continue in possession of the remainder of the same under the terms herein provided, except that the rent shall be reduced in proportion to the amount of the premises taken. The parties agree that the Lessee shall not be entitled to any damages by reason of the taking of this leasehold, or be entitled to any part of the award for such taking, or any payment in lieu thereof. Page 4 of 7 16. DEFAULT; REMEDIES. The Lessee further covenants that, if the Lessee shall violate any of the covenants of this lease, such violation shall be considered a default hereunder, and should Lessee fail to correct such default within fifteen (15) days after a written request by the Lessor to do so, then the Lessor may, at its option, deem this lease terminated. Lessee shall thereafter become a tenant at sufferance, and the Lessor shall be entitled to obtain possession of the premises as provided by law. 17. MISCELLANEOUS. (a) The Lessor shall have the unrestricted right of assigning this lease at any time, and in the event of such assignment, the Lessor shall be relieved of all liabilities hereunder. (b) This contract shall bind the Lessor and its assigns or successors, and the Lessee and assigns and successors of the Lessee. (c) It is understood and agreed between the parties hereto that time is of the essence of this contract and this applies to all terms and conditions contained herein. (d) It is understood and agreed between the parties hereto that written notice sent by certified or registered mail, or hand delivered to the premises leased hereunder, shall constitute sufficient notice to the Lessee, and written notice sent by certified or registered mail or hand delivered to the office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this contract. . (e) The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights, (f) It is hereby understood and agreed that Lessee shall use no signs in connection with the premises hereunder. (g) It is understood that no representations or promises shall be binding on the parties hereto except those representations and promises contained herein or in some future writing signed by the party making such representations or promises. 18. SUBBROGATION. The Lessor and Lessee do agree that each will cause its policies of insurance for fire and extended coverage to be so endorsed as to waive any rights of subrogation which would be otherwise available to the insurance carriers, by reason of any loss or damage to the leased property or property of Lessor. Each party shall look first to any insurance in its favor before making any claim against the other party. Nothing contained herein shall in any way be considered or construed as a waiver or release by the Lessor of any and all of the other covenants and conditions contained in this lease to be performed by the Lessee. Page 5 of 7 1 9. INDEMNIFICATION. The Lessee shall indemnify the Lessor against all liabilities, expenses and losses incurred by the Lessor arising out of or related to the leased premises or Lessee's use or occupancy thereof, to include but not being limited to (a) failure by the Lessee, or its agents, to perform any provision, term, covenant or agreement required to be performed by'the Lessee under this agreement; (b) any occurrence, injury or personal or property damage which shall happen in or about the leased property or appurtenances resulting from the condition, maintenance, construction on or of the operation of the leased property; (c) failure to comply with any requirements of any governmental authority or insurance company insuring the leased property or its contents; (d) any security agreement, conditional bill of sale or chattel mortgage or mechanic's lien connected with Lessee, its obligations or operations, filed against the leased property, fixtures, equipment or personalty therein; and (e) any construction, work, alterations or improvements by Lessee on the leased property. Such indemnification shall include reasonable attorney's fees for all proceedings, trials and appeals. 20. "AS IS" CONDITION. The Lessee accepts the leased premises on an "as is" basis, and Lessor shall have no obligation to improve or remodel the leased premises. 21. SEVERANCE. The invalidity or unenforceability of any portion of this lease shall in nowise affect the remaining provisions and portions hereof. 22. CAPTIONS. The paragraph captions used throughout this lease are for the purpose of reference only and are not to be considered in the construction of this lease or in the interpretation of the rights or obligations of the parties hereto. 23. NO HAZARDOUS MATERIALS. The Lessee herewith covenants and agrees that no hazardous materials, hazardous waste, or other hazardous substances will be used, handled, stored or otherwise placed upon the property or, in the alternative, that such materials, wastes or substances may be located on the property, only upon the prior written consent of the Lessor hereunder, and only in strict accord and compliance with any and all applicable state and federal laws and ordinances. In the event such materials are utilized, handled, stored or otherwise placed upon the property, Lessee expressly herewith agrees to indemnify and hold Lessor harmless from any and all costs incurred by Lessor or damages as may be assessed against Lessor in connection with or otherwise relating to said hazardous materials, wastes or substances at anytime, without regard to the term of this lease. This provision shall specifically survive the, termination hereof. 24. CONFORMANCE WITH LAWS. Lessee agrees to comply with all applicable federal, state and local laws during the life of this Contract. Page 6 of 7 25. ATTORNEY'S FEES. In the event that either party seeks to enforce this Contract through attorneys at law, then the parties agree that each party shall bear its own attorney fees and costs. 26. GOVERNING LAW. The laws of the State of Florida shall govern this Contract, any action brought by either party shall lie in Pinellas County, Florida. IN WITNESS WHEREOF, the parties hereto have-executed this Contract as of the date set forth above. LESSOR Countersigned: Brian J. Aungst. Mayor-Commissioner Approved as to form: Bryan D. Ruff Assistant City Attorney LESSEE Michael P. Loberg u:EbarretlonPWAllGlenOaks (Loberg)Lse1002.doc CITY OF CLEARWATER, FLORIDA By: William B. Horne Il . City Manager , Attest: Cynthia E. Goudeau . City Clerk . Harmonie A. Lob &F,9 Page 7 of 7 1 EXHIBIT "A" } Addendum of Items ; I., hot water heater ` 2-'. ' " washer/dryer ; 3. garbage disposal (sink if necessary) 4. drinking water filtration system ' :. S. stove 6,' stove hood 7. , refrigerator 8. ' ceiling fans ' 9. marble light fixture 10. exterior lights 11. Malibu lights 12. hedges/shrubs 13. hibiscus tree . 14. rose bushes 15. red brick edging around flower beds 16. landscaping stones ; 17. closet shelving 18. smoke detectors 19. mailbox 20.. mounted.book shelves 21. bathroom cabinet/sink . 22. outlets and covers ?• '' .rte i ' EXH! B!T "B" White-Hoskins Agnney, inc. P.O. Box 40160 St. Patersbur©,FL 33743 HorneaWner':; Insurance QUM Prepared For. Froposad: www.001.001,009 MICHAEL. LOBERG Effoctive Da to 12!3012002 1380 TURNER STREW Expiration bath 1213012003 CLEARWATERYL 33756 Date and Time Quotation Printed: 101301200211:53 AM HO i'oiicyr Year Pret©ction ' Torritory Complatet' Buliding ,Form Construction DUN Class ` County Code Updates Code Grade H04 game 1951 03 PINELLAS 081 ? NIA ? 99 Basic Coverages A Dlvolling $4.000 13.OIher 5wcttue= $0 C. Mnonal Property $40,000 Q. k w of Uric $4,000 E. Lhrbility Lima 300.000 F: MErdical Payments 2.000. Additional Coverages Replacement Coat Con(ernts Yes Low As6ecsm2111 1000 Condo Unit Rargud to othem WA Contra Spacial thvolllno Coverage NIA r truc Cues Rented to Others $0 Perm- ted Incidental OccupanW No SpBdlia Other $Uucltrr@s $0 Fturria me Citizens Property Insurance Corpor.ttion 101 North Monroe Street Suits 1000 Tallahassee, FL 32302-2749 discounts and Suruharge-a AWMA and 5prinlders s0 MYirld9lorm Protection 30 Superior Construction $0 No Pr1or Coverage 50 Ago of t-iame $0 aulading Code Grade $0 OeduCiiblea QUOt0 10: FRJ:)0110816 2% NI Other Perils 1,000 Premium Bark Premlurn $402 Additional Coverages Dotallad Above $141 Chanyw to Standard Property Cmeragas $0 Change to Standard Liablllty Coverages $18 Chan9f6 to Standard Ded%4bleti $0 Dlscour ft vd Surcharges Detailed Above 50 Uawial Occupancy Chargo $0 MirdrMIM Policy Prernlum $0 Enmerg :ncy Management Prepadnum Fee $2 Tax Exempt SumhaMe $10 Tatnl Cent $573 Ez "1' Clearwater City Commission Agenda Cover MICIIIOranCilllll Work session Item M. Final Agenda Item # 3 Meeting Dale: I M9-09 SUBJECT/RECOMMENDATION: Approve a contract with Sunset Point Baptist Church of Clearwater, Florida, Inc. to purchase an approximately 3.450 acre vacant portion of Lot 19, E. A. MARSHALL'S SUBDIVISION, together with an approximately 29,809 square foot drainage & utility easement over portions of Lots 9, 19 and 20, E. A. MARSHALL'S SUBDIVISION for $300,000 plus estimated costs of $7,500 for an environmental audit, parcel surveys and closing costs, and that the appropriate officials be authorized to execute same. SUMMARY: • The City's Stevenson's Creek Management Plan ("Plan") has identified the necessity of improving flood plain level of service in northwest Clearwater in the vicinity of Sunset Point Road and King's Highway. • Project 1A of the Plan will address deficiencies in the area of Byram Drive and Flora Drive between Kings Highway and Highland Avenue, and along Huntington Lane east of King's Highway in order to remove over two dozen structures from the 100 year flood plain. • Project improvements will consist of widening approximately 700 feet of the Spring Branch Channel downstream of King's Highway and construction of a stormwater retention pond. • The total surface area of the pond will be about 10 - 11 acres. The proposed purchase will provide about 3Y2 acres of pond area on the north side of Sunset Point Road, with the balance projected to be located on School Board property on the south side of Sunset Point Road and Kings Highway. • The additional 50-foot wide drainage and utility easement will allow embankment enhancements and improve conveyance capacity of Spring Branch from Kings Highway to the proposed pond. • C. Richard Tobias, MAI, of Evaluation Services, Inc, appraised the subject property as of June 21, 2002. Mr. Tobias valued the fee interest in the 3.445-acre at $240,000 and the 29,809 square foot easement interest at $53,700. * The Sunset Point Baptist Church Board of Directors approved a motion be taken to the congregation to sell the property Interests for a total of $300,000. An affirmative vote of the congregation authorized the Board enter into the contract on October 20, 2002. • A prevision of the purchase contract requires that during project construction the City will relocate or otherwise restore the function of a small outbuilding if it Is found to encroach into the project area. The projected resolution and cost will be determined and provided for in the bid process. • Sufficient budget and Stormwater Revenue are available in Capital Improvement Program project 315- 96149, Storm System Expansion to fund this purchase. • A copy of the purchase contract is available for review in the Office of Public Records and Legislative Services. Reviewed by: S / ? ? l Lega o rvc ? , Budget public Works Purchasing ? DCM/ACM Risk Mgmt NA P410er Submittod by: / City Manager Prlntod on recycled Funding Sourco: Cl X OP Other Appropriation Code: 3115.96149-560100-539-000 S: pwa an sanllenalnlwordlagendalSunsot Pt. Baptist Contr agn 1OD2.doc Rev. 2198 Originating Dept: ?l 7 costs: NA Public Works (E. arro t) Total $307,500 Usor Dopt. Current FY A Attachments Locator Map I LOCATOR MAP: SUNSET POINT BAPTIST CHURCH SALE TO CITY OF CLEARWATER FEE SIMPLE PARCEL - 3,455: AC. ± DRAINAGE & UTILITY EASEMENT PARCEL - 29.809 S.F. ± (0.68 AC.±) g us - J L I 60 ! J 40 p? sao v S ?JJ 7 kpl 15 a 8 -P ? -. 60 13 9 19 _ a 20 10 1 21 22 Go ' 30 e3 - 33 s.7 SJ 145 1 1 n -1620 1 .RK 2 E. EET so Ict.aa E' .1 N A 5 r 4 7333-616 EASEMENT PARCEL. 1 29,809 S.F.t A. MAR MALL 130 ? 1]e 2840-51 -- FEE SIMPLE 90 -m.--- Vnc. R?1 PARCEL e?2W Structural 3.455 AC.± e S 7333-616 18 b / t3 rr rf? ?f ?nsar?r/ Y4 ???5-p°4i?w\ Costs ??`- i. 53 r tG? f ?d ? f5p R?y?-ter in 4D In i to rn N Ease. 3120-319 Vocatod -86 3156-298 20 i m 2910-51 C. R. 576 ' - -in /r'3 2i CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA t"Contract") PARTIES: Sunset Point Baptist Church of Clearwater, Florida, Inc., a Florida non-profit corporation, (heroin "Seller"), of 1390 Sunset Paint Road, Clearwater, Florida 33765, Phone: (727) 446-2622, and the City of Clearwater, Florida, a Municipal Corporation of the State of Florida (herein "Buyer" or "City") of P. O. Box 4748. Cloarvaler, Florida 33758.4748, ATTENTION: City Manager, (collectively "Parties") hereby agree that the Salter shall sell and Buyer shall buy the following real property ("Rest Property') and personal property ("Personalty") (collectively "Property") upon the following terms and conditions. THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY DULY AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS Tlme periods of 5 days or less shall be computed without including Saturday, Sunday, or national legal holidays and any time period ending on a Saturday, Sunday or national legal holiday shall be extended until 5:00 P.M. of the next business day. 1, i EGAI DESCr212110N: A portion of Lot 19, E. A. MARSHALL'S SUBDIVISION, as recorded in Plat Book 3, Page 44 of the Public Records of Pinellas County, Florida, containing 3.455 acres, more or less, and being more particularly described in EXHIBIT "A" attached hereto and made a part hereof; Coca fi"r with a Perpetual Drainage & Utility Easement to encumber portions of Lots 9, 19 and 20, of said E. A. MARSHALL'S SUBDIVISION, containing 29,808 square feet, more or less, and being more particularly described In EXHIBIT "8" attached hereto and made a part hereof. PERSONALTY: NONE BEING CONVEYED - VACANT PROPERTY 2. FULL Pl1RrH&-X PR= 1MANNFR OIM PAYMFN :City of Clearwater check in U.S. funds at time of closing .............................$ :IQQ non,gg 4. DETERMINATION CIE PURCHASE PRICE The Full Purchase Price as shown heroin has bean reached through negotiations with tho Seller by City staff. The Purchase Price Is based on: An appraisal performed by C. Richard Tobias, MAI, Valuation Services, Inc., valued the fee simple Interest in the subject property, estimated to contain 3.72 acres, at $260,000.00 as of Juno 21, 2002. The appraisal contained an error in the total amount of land to be acquired. In an appraisal addendum dated September 5, 2002 the fee simple parcel was amended to 3.462 acres valued at $240,000 (subsequently calculated at 3.455 acres) and the Perpetual Drainage & Utility, Easement encompassing 29,809 square feet, more or less, was valued at $53,700. 5. Following execution of this contract by Salter, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to Earl Barrett, Real Estate Services Manager of the City of Clearwater for acceptance and approval or rejection by action of the Clearwater City Commission ("Commission"). If this agreement is accepted and approved by the Commission. It will be executed by duly authorized City officials and delivered to Buyer within 10 days thereafter. If this contract is rejected by the Commission upon Initial presentation to the Commission, this contract shall be null and void in all respects and Buyer shall be so informed in writing within 5 days of such action. 6. JrTLE Seller warrants legal capacity to and shall convey marketable title to the Property by Statutory Warranty, Trustee's, Personal Representative's or Guardian's Deed, as appropriate to the status of Sol lor, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title shall be free of liens, but subject to covenants, restrictions and public utility easements of record. Property taxes for the year of closing shall be collected from Salter and paid to data of dosing. Other matters which title will be subject: NOME; provided there exists at clostng no violation of the foregoing and none of them prevents Buyer's Intended use of the Property for Institutional purposes, specifically; a stormwater detention pond, Sailer warrants and represents that there Is Ingress and egress to the Real Property sufficient for the intended use as described heroin. 7. YrrL r± r--VlnFNrF Seller shall, at Seller expense and within 10 days prior to closing date deliver to Buyer a title Insurance commitment issued by a Florida licensed title Insurer agreeing to Ilene, encumbrances, exceptions or qualifications set forth In this Contract, and those which shall be discharged by Seller at or before closing, Seller shall convey a marketable title subject only to lions, encumbrances, exceptions or quallficallons set forth In this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 6 days from receiving evidence of title to examine It. If title Is found defective, Buyer shall, within 3 days thereafter, nolity Seller In writing specifying 1 defect(s), If the defect(s) render title unmarketable, Seller will have 120 days from recolpt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract. Seller will, If title Is found unmarketable, make diligent effort to correct defect(s) In title within the time provided therefore, induding the bringing of necessary suits. 8. SUBVFY Buyer, at Buyer's expense, shall within time allowed to deliver evidence of title and to examine same, have Real property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida land surveyor. If survey confirms that actual square footage of either, or both, l=ee Simple Parcel and/or C=asement Parcel exceed projected calculations contained in EXHIBITS "A" and '13". the additional square footage shall be compensated at $1.80 per square foot. In no event shall purchase price as shown in Paragraph 1 hereof be reduced, If survey shows any encroachment on Real Property, or that Improvements located on Real Property encroach on setback lines, easements, lands or others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. EXCEPTION: Should the subject survey determine that Seller's existing outbuilding encroaches into the Property. Buyer, at Buyer expense, shall relocate the structure or otherwise restore its functional use essentially as exists as of the Effective fate hereof. The survey shall be performed to minimum technical standards of Chapter 61G17-6, Florida Administrative Coda and may Include a description of the property under the Florida Coordinate System as defined In Chapter 117, Florida Statutes. 8.=SIN(3 PLACE ANO,oATF Seller shall designate closing agent and this transaction shall be dosed in fie offices of the designated closing agent in Pinellas County, Florida, on or before ar_? dny5 fnita&inp the Pffertivp natn, unless extended by other provislons of this contract. If either party is unable to comply with any provision of this contract within the limo allowed, and be prepared to dose as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of dosing may be extended up to 95 days without affect upon any other term, covenant or condition contained In this contract. Ia. BLOBmG nom iMFmTS Seller shall furnish deed, bill of sale (If applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel tellers, and corrective Instruments. If Seller is a corporation, Seller shall deliver a resolution of its Board of Directors authorizing the sate and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth facts showing the conveyance conforms to the requirements of local law. Buyer shall furnish closing statement. 11, rt_nslNa FXPENSEs Documentary stamps on the deed, unless this transaction is exempt under Chapter 201.24. Florida Statutes, shall be paid by the Seller. Seller shall also paythe costs of recording any corrective Instruments. Buyer shalt pay recordation of the deed. 12, pRARATiQNS- ME= Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day before dosing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the Properly (rain taxation as provided In Chapter 196.0 12(6), Florida Statutes. If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for Improvements and exemptions. Any deposits held by Seller in trust for third parties In occupancy of the Property shalt be credited to Buyer at time of closing. Seller shall pay assessments for any Improvements that are substantially complete at time of dosing in full. 13.1311GUEAAICY Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed herein. Sotler agreas to deliver occupancy of the Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing conditions as of the time of taking occupancy unless otherwise stated heroin or in separate writing. Seller shall deliver the Property to Buyer at time of closing In its present "as Is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds In a comparable condition. Seiler makes no further warranties other than as disclosed herein In Paragraph 19 ("SELLER WARRANTIES") and marketability of title. Buyer's covenant to purchase the Property Is specifically made subject to the following provisions: "As Is" With Right of Inspaction: Buyer may, at Buyer expense and within 50 days from Effective Date ("inspection period"), conduct Inspections, tests, environmental and any other Investigations of the Property Buyer deems necessay to determine suitability for Buyer's Intended use. Seller shall grant reasonable access to the Property to Buyer, Its agents, contractors and assigns for the purposes of conducting the Inspections provided, however, that all such persons enter the Property and conduct the Inspections and Investigations at their own risk. Buyer shall not engage In any activity that could result in a mechanics lien being filed against the Property without Setter's prior written consent. Buyer may terminate this contract by written notice to Seller prior to expiration of the Inspection Period if the Inspections and/or Investigations reveal conditions which are reasonably unsatisfactory to Buyer, unless Seller elects to repair or otherwise remedy such conditions to Buyer satisfaction. If this transaction does not close. Buyer agrees, at Buyer expense, to repair all damages to the Property 2 resulting from the Inspections and investigations and return the Property to Its pros ent condition 15. SEI I RR I4FI n 14JU MLESS Buyer Is self insured, and subject to the limits and restrictions of the Florida Sovereign Immunity statute, F. S. 758.28, agrees to indemnify and hold harmless the Seller from claims of Injury to persons or property during the inspections and Investigations described In Paragraph 14(b)(if applicable), or in performing the survey described in Paragraph 8, resulting from Buyer's own negligence only, or that of Its employees or agents only, subject to the limits and restrictions of the sovereign immunity statute, 18. The deed and grant of easement shall be recorded upon clearance of funds. Proceeds of sale shall be held In escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the data of the last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5-day period, notify the Seiler in writing of the defect and Seller shall have 30 days from the date of receipt of such notification to cure the defect, If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey It to Seller by special warranty deed. If Buyer falls to make timely demand for refund, Buyer shall take Title "as le, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained In the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627,784 1, F.S. (1987), as amended. 17. DEFA111 T If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this agreement upon giving written notice to Seller. If this transaction Is not closed duo to any default or failure on the part of the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 1tt. Seller warrants that there are no facts known to Seiler that would materially effect the value of the Properly, or which would be detrimental to the Property, or which would effect Buyer's desire to purchase the property except as follows: (Specify known dafects. If none are known, write "NONE") Buyer shall have the number of days granted in Paragraph 14(b) above ("Inspection Period") to investigate said matters as disclosed by the Seller, and shall notify Seller in writing whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close oft the contract. 19. Neither this contract nor any notice of it shall be recorded in any public records, This contract shall bind and Inure to the benefit of the parties and their successors In Interest. Whenever the context permits, singular shall include plural and one gender shalt Include all. 20. NOTICE All notices provided for herein shall be deemed to have been duly given If and when deposited in the United States Mail, property stamped and addressed to the respective party to be notified, including the parties to this contact, the parties attorneys, escrow agent, Inspectors, contractors and all others who will In any way act at the behest of the parties to satisfy all terms and conditions of this contract. 21. A,S n;NAR11 TTY- PFH913NS 501112" ' The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract Is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if assignment is permitted), 22. ATTORNEY EEES: OASTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorneys fees and costs. 23. Typewritten or handwritten provisions shall control all printed provisions of contract In conflict wilh them. 24. Nn BROKER Seller and Buyer represent and agree they have dealt with no Broker or finder in connection with the transactions contemplated hereby. Seller and Buyer further agree to indemnify the other from any damage, liability or expense either may suffer as a result of any claim of a Broker or finder with whom -it is determined that the other party has dealt with in contravention of this agreement; except, however, that total City obligations under this provision shall be subject to the limits and restrictions of the Florida sovereign Immunity statute, F.S. 768.28. 25. EFFECT- QE RARIIAL INVALID rrY The invalidity of ony provision of this contract will not and shall not be deemed to affect the validity of any other provision, in the event that any provision of this contract is held to be 'Invaiid, the part!es agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 26.I3=RNING LAW It Is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. 27. This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy. of this contract, Including any addendum, attachments and any written modifications hereof, and any Initials or signature thereon shall be deemed an original. 28. FNTIRF Ar,RFFMFNT Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. Al prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by tha parties and incorporated herein or attached hereto. THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING. Signed, sealed and delivered In the presence of: , ITNESS signature Cli1;4W A. WATERHOUSE Sunset Point Baptist Church of Clearwater, Florida, Inc„ a Florida non-profit corporation g '?J,c h Sle en M. Jeffe resident, Board of Directors Print WIT SS name Attest: 94?? - Sac . WW IN S signature 4ffreyHatch, Secretary, Bo rd of Direct Print VATNESS name APPROVED AND ACCEPTED this day of Countersigned: Brlan J. Aungst, Mayor-Commissloner 2002. CITY OF CLEARWATER, FLORIDA By: William B, Horno, II, City Manager Approved as to form: Bryan D. Ruff, Assistant City Attorney ATTEST: Cynthia E. Goudeau, City Clerk Ebarretl on PWA11CftyBuy1Sumet PI Bapi Cont. doe EXHIBIT "A" FEE SIMPLE PARCEL - Lepal Description A PORTION OF LOT 19, E. A. MARSHALL'S SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE 44, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA LYING AND BEING SITUATE IN THE SOUTHEAST '/ OF THE NORTHEAST Y< OF SECTION 3, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 19 OF E. A. MARSHALL'S SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE 44, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; LESS AND EXCEPT THE NORTH 10 FEET AND THE SOUTH 50 FEET THEREOF AS CONVEYED FOR RIGHT-OF-WAY PURPOSES IN THAT CERTAIN WARRANTY DEED RECORDED IN O. R. 2940, PAGE 51, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; RUN THENCE N00°23'37"W, 573.07 FEET; THENCE S88°44'23"E, 241.40 FEET; THENCE N00°2337"W, 20.00 FEET; THENCE S88°44'33"E, 90.00 FEET; THENCE S00.°46'43"E, 59.83 FEET; THENCE S53°'16'50"W, 61.99 FEET; THENCE S00°00'00"E, 117.54 FEET; THENCE S11°38'21"W, 381.96 FEET; THENCE N89°12'39"W, 201.19 FEET TO THE POINT OF BEGINNING. CONTAINING 150, 490 SQUARE FEET, MORE OR LESS (3.455 ACRES±), AND BEING SUBJECT TO THOSE CERTAIN EASEMENTS DESCRIBED IN DEED BOOK 1614, PAGE 87-88, AND O. R. BOOK 2940, PAGE 48, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. EXHIBIT "B" ADDITIONAL PROPOSED DRAINAGE & UTILITY EASEMENT IN E. A. MARSHALL'S SUBDIVISION: Legal Description A Drainage_ & Utility Easement being a portion of Lots 9, 19 and 20, E. A. MARSHALL'S SUBDIVISION, as recorded in Plat Book 3, Page 44 of the Public Records of -Pinellas County, Florida, more particularly described as follows: Commence at the easterly and southerly limits of that certain Drainage Easement recorded in O. R. Book 2940, Page 48 of the Public Records of Pinellas County, Florida, as said easement may encumber Lots 9, 19 and 20, E. A. MARSHALL'S SUBDIVISION, thence run easterly 50 feet of the current limits of said easement as it may now encumber Lot 9, of said E. A. MARSHALL'S SUBDIVISION, and run easterly and southerly 25 feet of the currents limits of said easement as It may now encumber Lots 19 and 20 of said E. A. MARSHALL'S SUBDIVISION, less and except any portion of said easement that may lie within the following described tracts: That portion of State Street. right-of-way vacated in Resolution 69-86 as recorded in O. R. Book 3146, Page 298, Public Records of Pinellas County, Florida, and that portion of Lot 19, E. A. MARSHALL'S SUBDIVISION more particularly described as follows: Begin at the Southwest corner of said Lot 19 of E. A. MARSHALL'S SUBDIVISION, as recorded in Plat Book 3, Page 44, Public Records of Pinellas County, Florida, less and except the south 50 feet thereof; run thence N00°23'37"W, 573.09 feet; thence S88°44'23"E, 241.13 feet; thence N89°14'17"W, 25.0 feet; thence S88°44'23"E, 90.0 feet; thence S00°46'43"E, 39.86 feet; thence S53°16'50"W, 61.99 feet; thence S00°00'00"E, 117.54 feet; thence S11°38'21"W, 381.96 feet; thence N89°12"39"W, 201.19 feet to the POINT OF BEGINNING. Containing 29,809 square feet, more or less. _ Clearwater City Commission Work session Item M. &(2 Agenda Cover Memorandum Final Agenda Item # 2?Z Meetln© Date: 12-05-02 SUBJECTIRECOMMENDATION: Accept a Drainage & Utility Easement over and across a portion of the Southwest '/. of Section 20, Township 29 South, Range 15 East from The Grand Bellagio at Baywatchf a Florida limited partnership SUMMARY- .0. For $1.00 and other consideration The Grand Beilagio at Baywatch has conveyed an easement to the City over a portion of its property more particularly described therein for the purposes of constructing, installing and maintaining a 48 inch reinforced stormwater line. • Regions Bank, the primary lender for The Grand Bellagio at Baywatch, has consented to the easement grant, along with a previously granted blanket watermain easement, and subordinated the lien.of its mortgage to the City's easement rights. A copy of the easement document is available for review in the Office of Official Records and ,Legislative Services. Reviewed by- 5 I f Originating Dept: k E P bli W Z i t Costs: NA Legal L rvc NA n o or s ( . u c r 4 ) Total Budget Public Works After Dept. . Funding Source: Purchasing NA' DCMIACM Current FY Ci .'Rlsk Mgmt NA Other A Attachments OP - Other Submitted by: locator Map City Manager Appropriation Code: Printed on recy0ed155per ` pwa on sanl/engintwordlagendalGrand Bnllaglo D&U EasAgn 1102.doc Rev, 2198 LOCATOR MAP: PROPOSED DRAINAGE EASEMENT No t To Sco% This 'is not c survey Proposed Easement Existing Drainage Ditch 71M MMa.Df?M? V umlal q ?a o? oC'- es Op4 ;40( odP-Jj SOS' ,trQu,lq,, y 671" a 0 V F-) R-n u CITY OF CLEARWATER. FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING °"`M T DRAINAGE do UTILITY O07 0? Dg Wo IT EASEMENT DRAWING 0 $Mn, GRANDE BELLAGIO I OF i o?eC SAO-1W emu 5/02 20-295-16E i J1BA N%AU } ?/ L Return to: Earl Barrett Engineering Department City of Clearwater P.'O. Box 4748 Clearwater, Fl. 33758-4748 I Parcel I. D. No. 20-29-16-00000-330-0700 11 DRAINAGE & UTILITY EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to it, the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, The Grand Bellagio at Baywatch Limited Partnership, a Florida limited partnership (the "Grantor"). Whose address is c/o Del American, Inc., 474 S. Northlake Boulevard, Suite 1020, Altamonte Springs, Florida 32701, does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation (the. "City"), an easement over and across the following described land lying and being situate in the County of Pinellas, State of Florida, to wit: A PORTION OF THE SOUTHWEST % OF SECTION 20, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE SPECIFICALLY DESCRIBED AND DEPICTED IN EXHIBIT "A" APPENDED HERETO AND MADE A PART HEREOF. This easement is for drainage and utility Installation and maintenance. The City shall have the right to enter upon the above-described premises and to construct, install and maintain thereon any stormwater lines and facilities, and to Inspect and alter such stormwater lines and facilities from time to time. Grantee shall be solely responsible for obtaining all governmental and regulatory. permits required to exercise the rights granted herein. The City covenants and agrees with Grantor that it shall maintain reasonable access to Grantor's facilities at all times during the exercise of rights granted herein, and that it shall promptly restore the easement premises upon completion of any project undertaken in the exercise of these rights. If the Grantor's future orderly development of the Property or reconstruction of improvements currently situate on the Property Is In physical conflict with the City facilities, the City shall, within sixty days following receipt of written notice from Grantor, relocate said facilities to another mutually agreed upon easement area located on Grantor's premises, provided that prior to the relocation of said facilities, Grantor shall pay to the City the full expected cost of the relocation as reasonably estimated by the City. Upon completion of the relocation the easement herein shall be considered canceled as to the portlon vacated by such relocation. The Grand Bellagio at Baywatch Page 1 Drainage & Utility Easement The City agrees that it shall operate the facilities so as not to unreasonably interfere with Grantor's multi-family development and the rights and privileges of guests, tenants, and subsequent owners of the building facilities as currently constructed thereon or which may hereafter be constructed thereon. In the exercise of rights granted hereunder, the City covenants with Grantor that it shall first notify Grantor prior to undertaking preplanned and scheduled construction, maintenance or reconstruction work within the easement area, and to make all reasonable efforts to accomplish such work so as not to interfere with or damage any existing building structures. Further, City covenants with Grantor that it shall exert all reasonable effort to accomplish such work so as not to unduly interfere with the peaceful enjoyment of the Property by the Grantor, its guests, invitees and tenants. To the fullest extent possible, all utility facilities authorized hereby shall be placed underground and to the extent any above ground facilities are required, the same shall require the reasonable approval and consent of Grantor, which shall not unreasonably be withheld. Subject to statutory limitations and restrictions of §768.28, Florida Statutes, the Florida sovereign .Immunity statute, the City agrees to indemnify and hold the Grantor harmless from all cost, loss, damage or claims of any nature arising out of any work performed by the City on or within the easement area. This indemnity shall include any legal fees incurred by the Grantor in connection with defending any such cost, loss, damage or claims. Grantor warrants and covenants with Grantee that it is the owner of the fee simple title to the herein described easement premises, that Grantor has full right and lawful authority to grant and convey tills easement to Grantee, and that Grantee shall have quiet and peaceful possession, use and enjoyment of this easement. This easement grant shall run with the land and shall be binding on and shall inure to the benefit of the parties hereto, their heirs, successors or assigns. It is expressly understood and agreed that Grantor reserves unto itself all rights of ownership of the easement premises not inconsistent with the easement rights granted herein, including the grant of additional rights not in conflict with the rights granted herein. IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed in its name this e? -vP day of _ 0, 7zoeCn- , 2002. Signed, sealed d d deliverer in tho presenc of: ITNESS signature Print W' ess Na e WITNESS signature S0T~ V Print Witness Name The Grand Bellagio at Baywatch Drainage & Utility Easement THE GPAND BELL11.00 AT BANYWATCH LIMITED PARTNERSHIP BY: GBB, LTD. BY: G B B, 41,11, By: r stopher e- G President 2 4 STATE OF FLORIDA Ss COUNTY OF ORANGE The foregoing instrument was acknowledged before me this y2? day of fCTo?G?ra- 2002 by Christopher DelGuidice, as President of GBB, Inc., a Florida corporation, as general partner of GBB, Ltd, a Florida limited partnership, as general partner of The Grand Bella io at Baywatch Limited Partnership, a? Florida limited partnership, who is personal) knoyV13 to me ar dassd as ident ication. . _411 My commission expires: tary Public - State o lorida Type/Print Name N DQD1AiD L CCommission No.: 16-477A - _..? ,.. ;.? W COMAtISSiON 4 CC 956774 EXAIRES; November 24, 2044 " nf,. ; .e?aarn„ Moury Plbwe unarrne.n .The Grand Bellagio at Baywatch Drainage & Utility Easement EXHIBIT 'A" L9 Scale • I so' This is -not c survey L I I Go >n Drainage & Utility Easement Legal Description Commence at the Southwest comer of Section '20, Township 29 South, Range 16 East; Pinellas County, Florida; thence along the South- line of said Section 20, S89°1948"E, a distance of 100.01 feet; thence N01°26'21"E, a distance of 5.00 feet; thence S89°19'48"E, a distance of 609.99 feet; thence N01 026'21"E, a distance of 344.37 feet; thence S89°19'48"E, a distance of 12.00' feet; !hence N01°26'21"E, a distance of 246.00 feet; thence S89°19'48"E, a distance of 263.02 feet; thence N01°26'21"E, a distance of 951.06 feet to the POINT 'OF BEGINNING; thence N01°26'21"E, a distance of 390.90 feet; thence S83°26'50"E, a distance of 30.00 fact; thence S01°26'21"W, a distance of 10.00 feet; thence N89°26'50"W, a distance of 15.00 feet; thence S01 °26'21 "W, a distance of - 361.58 feet; thence S86°48'30"E, . a distance of 74.68 feet; thence S02°19'54"W, a distance of 20.00 feet; thence N86°48'39"W, a 'distance of 89.37 feet to the POINT OF BEGINNING. SW COR SEC 20-29S-- L2 L1 N N . 0 x oo V) LID LINE TABLE LINE LENGTH BEARING L1 100.01 S69'19'487E L2 5.00 NOI.26' 1" L3 609.99 589'19'48" L4 344.37 - N01'26' I" 37 12.00 7 S89-19-48" L6 246.00 N01 6*21"F L7 263.02 $69'19'48"E L8 151.06 N01'26' 1 "E L9 30.00 S89'26'50" L10 10.00 S01' 6' 1"W L11 15.00 N89'26'50"w L12 20.00 S02-19-54-* S$6 48'30"E 74.68' POB L12 N86'48'39"W _0 89.37' L7 L5 .a CITY OF CLEARWATER, FLORIDA PUBLIC- WORKS ADMINISTRATION ENGINEERING DRAIN GE & UTILITY °i6 w uc W12002-0y "Won EASEMENT DRAWING tiKn GRANDE 13ELLACID 1 or 1 i? 31 1. Refilm t : Earl Barred Engineering Department City of Clearwater P. O. Box 4748 Clearwater, Fl. 333756-4748 Parcel 1. D. No. 20-29-16-00000-330-0700 CONSENT TO EASEMENTS &SUBORDINATION 00 INTEREST THE UNDERSIGNED, being tho owner of a lien on or secured interest in (he following described pmmisest A portion of they Southwest '/• of Section 20, Township 29 South, Range 16 Eask Pinellas County, I±lorlda, toeing more specifically described and depicted in MISIT "A" and in !=XHIBIT "B" appended hereto and made a part hereof, paid lien being evidenced by that certain Amended and Restated Mortgage & Security Agreement dated November 18, 2000 given by-THE GRAND BE LLAGIO AT BAYWATCH, L.P., a Florida Limited Partnership ("Mortgagor'}, In favor of REGIONS BANK, a state banking corporation organized and existing under the laws of the Stela of Alabama ("Mortgage}, as recorded among the Official Records of Pinellas County, Florida in Official Records Book 11126, Page 0805. Mortgagee does hereby consent to and joins in the grant of that certain Blanket Water Main Easement dated October 8, 2002, and that certain Drainage and Utility Easement dated (s,Tobeat z-z- , 2002 given by Mortgagor to the CITY OF CLEARWATER, .FLORIDA, a Florida Municipal Corporation, and does hereby further subordinates said mortgage interest and all of the right, title, Interest and claim thereunto accruing in said premises to sold easement grants, together with facilWes described therein. =,P- ITNESS WHEREOF. the undersigned has caused these presents to be signed this 3 day bf 200 Signed, sealed and delivered In presence of. Witness Signatura Lt. Y] Print name -_ . - - ,_ Witness -bignaturdk? Print name it Ickc.lh' 0 By. REGIONS BANK, a state banking corporation organized and exl tfng Mdor the laws of the Prfn na ??e c)I) Cl ! 'J?\e'ly Title U l U I'ri?+ 1 " ` ` r I r I r - ' r ACKNOWLEDGMENT: Ease QCit rgn?t & sublo +ciInAU613 RE: Portion of Sec. 20,'Twp: 29 s. Rge. 46 E, Pineilem County, Ff. Grantor. The Arend Belleglo at Baywatch, [., P., Grantee: City of Clearwater. Fl. STATE OF ALABAMA SS '?XSan • . COUNTY OF 8 FORE ME, the undersigned, personally appeared 31? r ?. ?:Dvh ?`?' as VI Ce. wesi&Aj _ of REGIONS BANK, a state banking corporation organized udder the laws of the State of Alabama, who executed tha foregoing Instrument on behalf of said banking corporation and who acknowlndgod the execution thereof to be his free act and dead for the use and purposes set forth ' • . t?cr4ln, , (NOTARY Str:A?•) Notary Public - to of eabla ` Print name ' my commiSS14N EXPIRES Mlle 7, 2003 [personally Known ( Produced Identification Type of Identification Produced r •. r I r e I is r EXHIBIT "A„ Scale I" = 60' This is not a survey Drainage & Utility Easement Legal Description. Commence at the Southwest corner of Section. 20, Township 29 South, Range 16 East; Pinellas County, Florida; thence along the South line of said Section 20, S89°19'48"E, a distance of 100,01 feet; thence N01 °26'21 "E, a distance of 5.00 feet; thence S89°19'48"E, a distance of 609.99 feet; thence N01 °26'21"E, a distance of 344.37 feet; thence S89719'48"E, a distance of 12.00- feet; thence N01 °26'21 "E, a distance of- 246.00 feet; thence S89°19'48"E, a distance of 263,02 feet; thence N01 °26'21 "E, a distance of 151.06 feet to the POINT OF BEGINNING; thence N01°26'21"E, a distance of 390.90 feet; thence S89°26'50"E, a distance of 30.00 feet; thence S01"26'21"W, a distance of 10.00 feet; thence N89"26'50"W, a distance of 15.00 feet; thence S01026121"VIl, a distance of, 361.58 feet; thence S86°48'30"E, , a distance of 74.68 feet; thence S02°19'54"W, a distance of 20.00 feet; thence N86048'39"W, a distance of 89.37 feet to the POINT OF BEGINNING. SEC 20- L1\,L 74,68' POB L12 co L9 co LQ N V. A F4 o ? z L10 LIT LINE TABLE LINE LENGTH BEARING L l 100.01 589'19'48" L2 5.00 N01'26'21" L3 609.99 589'19'48"E L4 344.37 NO '26' 1" L5 12.00 S89'19'48" L6 246.00 Nat' 6'21" L7 263.02 S89-19.48" L8 151.06 N01'26*21" L9 30.00 S89-26'50-g L10 10.00 _ 501'26'21"W L11 15.00 N89 6'50"W L12 20.00 Sa '19'54"w S86'48'30"E Nss•a$M 39 w 89.3' 7 CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING p.Aw of DRAINAGE & UTILITY uc LgQ002-07 ncao n EASEMENT DRAWING ,Kt[ GRANRE SELLAGtO I or 1 °4?[ ucr-nor-u.¢ 6/02 10-19S-16E EXHIBIT "B" LEGAL DESCRIPTION: BLANKET WATER MAIN EASEMENT A tract of land lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida, and being more particularly described as follows: Commence at the Southwest corner of said Section 20; thence along the South line of said Section 20, South 89 degrees 19'48" East, for 100.01 feet to the Point of Beginning; thence leaving said South line, North 01 degrees 26'21 " East, for 5.00 feet; thence South 89 degrees 19' 48' East, for 609.99 feet; thence North 01 degrees 26'2 1" East for 344.37 feet; thence South 89 degrees 19',18" East, for 12.00 feet; thence North 01 degrees 26'21 " East, for 246.00 feet; thence South 89 degrees 19'48" East, for 263.00 feet; thence North 0l degrees 262 1 " East, for 572.00 feet; thence South 89 degrees 26'50" East, for2233.19 feet; thence South 20 degrees 27' 10" East, for217.25 feet; thence South 60 degrees 00'00" West, for 566.48 feet; thence North 89 degrees 19'09" West, for 779.97 feet; thence South, for 189.83 feet to the point of curvature of a curve concave to the Northwest; thence Southerly along the arc of said curve, having a radius of 54.00 feet, a central angle of 87 degrees 13'09", an arc length of 82.20 feet and a chord bearing of South 43 degrees 36 34" West, for 74.49 feet to the point of reverse curvature with a curve concave to the South; thence Westerly along the arc of said curve, having a radius of 58.00 feet, a central angle of 36 degrees 55'37", an arc length of 37.38 feet and a chord bearing of South 68 degrees 45'2 1 " West, for 36.74 feet to the point of reverse curvature of a curve concave to the North; thence Southwesterly along the are of said curve, having a radius of 64.00 feet, a central angle of 39 degrees 42'28", an arc length of 44.35 feet, and a chord bearing of South 70 degrees 08'46" West, for 43.47 feet to the point of tangency; thence West, for 25.42 feet; thence South 55 degrees 05' 18" West, for 63.64 feet; thence West, for 96.27 feet; thence South 54 degrees 10'5 1 " West, for 17.03 feet; thence West, for 68.14 feet; thence North 38 degrees 08104" West, for 12.67 feet; thence West, for 67.34 feet; thence South 35 degrees 48'2" West, for 134.85 feet; thence South 42 degrees 27'28" West, for 66.63 feet; thence South 10 degrees 51' 19" East, for 10.82 feet; thence South 79 degrees 23'05" West, for 49.80 feet; thence North I I degrees 52'40" West, for 9.10 feet; thence North 78 degrees 23' 09" West, for 24.44 feet; thence South 78 degrees 50' 41" West, for 127.14 feet; thence South 56 degrees 0l' 58" West, for 40.45 feet; thence South 80 degrees 55'27" West, for 97.25 feet to a point of curvature of a curve concave to the Southeast; thence Westerly along the arc of said curve, having a radius of 234.00 feet, a central angle of 34 degrees 19' 10", an arc length of 140.16 feet and a chord bearing South 63 degrees 45' 52" West, for 138.08 feet to the point of reverse curvature with a curve concave to the Northwest; thence Southwesterly along the arc of said curve, having a radius of 74.87 feet, a central angle of 02 degrees 40' 04", an arc length of 3.49 feet and a chord bearing South 47 degrees 56' 19" West, for 3.49 feet to the point of intersection with a non-tangent line; thence South 40 degrees 22'52" East, for 14.84 feet to the point of intersection with a non-tangent curve concave to the Southeast; thence Southwesterly along the arc of said curve with a radial bearing South 40 degrees 22' 52" East, and having a radius of 303.00 feet, a central angle of 00 degrees 3 P45", an arc length of 2.80 feet and a chord bearing South 49 degrees 2P 15" West, for 2.80 feet to the point of reverse curvature with a curve concave to the North; thence Southwesterly along the are of said curve, having a radius of 125.00 feet, n central angle of 56 degrees 40'40", an arc length of 123.65 feet and a chord bearing South 77 degrees 25'43" West, for 118.67 feet to the point of compound curvature with a curve concave to the Northeast; thence Westerly along the arc of said curve, having a radius of 15.00 feet, a central angle of 46 degrees 10' 01", alt arc length of 12.09 feet and a chord bearing North 51 degrees 08'57" West, for 11.76 feet to the point of cusp concave Westerly; thence Southerly along the arc of said curve having a radius of 55.50 feet, a central angle of 118 degrees 44'08", an arc length of 115.01 feet and a chord bearing South 31 degrees 18'08" West, for 95.51 feet to the point of tangency; thence North 89 degrees 19'48" West, for 111.84 feet to the point of curvature of a curve concave to the North; thence Westerly along the arc of said curve, having; a radius of 35.00 feet, a central angle of 13 degrees 43139", an arc length of 8.39 feet and a chord bearing North 82 degrees 2758" West, for 8.37 feet to a point of reverse curvature with a curve concave to the South; thence Northwesterly along the arc of said curve, having a radius of 35.00 feet, a central angle of 14 degrees 51' 42", an arc length of 9.08 feet and a chord bearing North 83 degrees 02'00" West, for 9.05 feet to the point of intersection with a non-tangent line; thence North 00 degrees 27'22" West, for 43.51 feet to the South lino of said Section 20; thence along said South line, North 89 degrees 19'48" West, for 621.39 feet to the Point of Beginning. Clearwater City Commission Work session Item #: IV Agenda Cover Nletnorandum Final Agenda (tern It Meeting Date: 12105/02 SUBJECTIRECOMMENDATION: Award a contract for the Pumlf Station number 22 Improvements (Conti-act Number 01-0035-UT) to TLC Diversified, inc. of Palmetto, Florida in the aniount of $426,690.00, which is the lowest responsible bid received in accordance With plans and Specifications, D and that the appropriate officials be authorized to execute same. SUMMARY: Based on evaluations of the City's sewer system, lump Station ff22 must receive high priority for upgrade as part of the overall rehabilitation of the City's wastewater collection system. This constniction contract includes the improvements to Pump Station #22 replacing the existing structures and replacing the existing equipment which is in need of repair due to age and wear. W Pump Station #22 is located at 550 Saturn Avenue N. (West side of Saturn Ave. at Airport Dr.). Pump Station #22 will be receiving the reject water from the City's planned reverse osmosis (RO) water treatment plant beginning in June 2003. o Pump. station #22 will be demolished and reconstructed in the same general location. As part of this project the pump station will also receive new pumps, piping, electrical and telemetry. • Sufficient budget and funding are available in the 02 Water & Sewer Bond Construction fund project 343-96686, Pump Station Replacement. Work will commence after award and execution of the contract and will be completed within 150 days, e A copy of the contract documents is available in the Official Records and Legislative Services office for review. Reviewed by: Legal Info Srvc Budget Public Works Purchasing DCMIACM Risk Mgmt NIA Offer Submitted by: City Manager Prlnled an recycled.Vpsr-• Orlglnating Dept: fil NIA Public Works Administration K ;User Dept. Public Utilities 1A Attachments © Location Map Costs: 'total $426,690 Funding Source: Current FY Cl X OP Other Appropriation Code: 343.96686-563800.535.000 Pump Station #22 Improvements Rev. 2198 ADDENDUM NO. 1 FOR LIFT STATION NO. 22 IMPROVEMENTS CITY OF CLEARWATER, FLORIDA City Contract No. 01-0035-UT DATE: October 24, 2002 0092.0091 SUBJECT: Addendum No. 1 to Plans and Specifications for Lift Station No. 22 Improvements, City Contract No. 01-0035-UT, Clearwater, Florida TO: Prospective Bidders and Others Concerned. The following provides clarifications based on the Contractors questions presented at the mandatory Pre-Bid Conference held on Wednesday, October 16, 2002 at 10:00 a.m. In Room #130 at the City of Clearwater Municipal Services Building. The Plans, and Specifications for the subject project shall be supplemented and/or amended as follows: 1. Question: What are the flow rates required for bypass pumping to maintain adequate constant wastewater service? Answer. The largest existing pump is rated for 350 gpm at 50 ft TDH. Bypass pumps should equal or exceed this rate. Bypass pumps should use electric motors, or bidders shall provide noise attenuation to meet the requirements of the City's noise ordinance. 2. Question: Are soil borings available? Answer: Copies of the subsurface investigation report were distributed at the Pre-bid Meeting. 3. Question: Is there a schematic of the existing wastewater piping system? Preplanning of shutdown's and tie-ins will require at least a valving diagram. Answer. City atlas maps show existing forcemain data. These can be obtained from the City, Attached, for reference only, find a partial copy of Atlas Map 279B. Bidders are also encouraged to visit the site to assess existing valve location. 4. Question: The existing hedge on the drawing will need to be removed for installation What type of hedge Is it? Answer, The hedge is podocarpus, and will need to be replaced In-kind. In addition, the three trees noted on Drawing C4 as "To Be Remove" shall also be replaced in-kind. Taxes are 4 and 6-Inch plane. Page-1 5. Question: The site is small, where will we be allowed to set up temporary facilities such as personnel parking and office? Answer., The existing parking lot needs to be kept open and usable except in the immediate'location of the new lift station. There is a grassed area south of the parking lot (west of the existing lift station) that may be suitable for an .office and parking. The final location will need to be coordinated with the City's Parks and Recreation Department during the pre-construction meeting. Bidder's are cautioned that the impact to the site must be kept at a minimum. .6. Question: What are the. outermost limits of the construction area? Answer., See attached revision to Drawing C4. 7. Question: Where will we be allowed to dispose of dewatering water? Answer. Disposal of the dewatering water is the responsibility of the contractor. One potential discharge point is the grassed area south of the parking lot and west of the existing lift station. The Contractor will be required to monitor the discharge to insure that it does not continue south towards the private residence. Other disposal locations maybe proposed to the City. Erosion control and filtering requirements shall be met. 8. Question: May we obtain a list of components in the existing system that you (the City) would like to salvage. Answer- Telemetry equipment, both submersible pumps. . DRAWINGS 1.- Drawing C4 W Demolition and Modification Site Plans Modify to include the limits of construction and silt fencing per the attached 8% "x11" drawing C4. END OF ADDENDUM #1 Page-2 PALMETTO t trove epw STREET_ jr Law W1, 7r rA7 00,'36 it im 1,12, 20" 16' ROW Wa i ow, r e413 s( "?M I j 6500 • 1 OaLIZanj 0 / a M ?O Well No. 31(12) L.s. Monitor Well 059 g" L.5 I tM #72 835 805 I 8.. I 5 mil. gallon ? uta. ? ' tank 2 eo 7 ?asj' d•_ t: 0 8 (D m3 L Well No. .. 30(11) S Monitor Well S w 2 2" z • 5 LU c 2" Y ^ 6.. M N 3 SID LICKTON bIrival " a„ FRED COURNOYER _ 2 In N REC. CENTER 2„ I A I o ° f Well No. 2900) (gave to Parks dE Rec.) r ? e - 12 ?}--? 20°x$" s., 9 0 81 16,. 10 20" Raw Water Wye ?a u14. E + L ?s0 err 'r u ?o 5' MI. Ease. 1 O b O O a _. 1H? • 99 O Q 6"PVCK@A ETH PLAr-E 6" --2 24 w r ? w P r ?N r n M•? ^ V) O_ VJ O M i`F 00 STATION XT?A&CREM ok LIF IMPROVEMENOS 22 _PRp1?_ _?42- DaRI DRAWN s CITY OF DESICNCD YRC 601 Cleveland Street, suite 205, t CL£ARWATER Clearwater. FL 33755 Phone: (727 442-7196. Fax: (727)461-3827 ??QT RF PARTIAL ATLAS MAP 2798 AAMJGIS] Epoo 591 w.w.mcwtmersed.com >iSC tNLtxLD ASl PRDS Yi,R. MAC i APPPOXil,IA TE RIGHT CF IIA'f UNE ?• ' 0.5'DCG)IC ,' LANE 8" SWEETGUY 9- Q -CUR. SAYYCUI ASPHALT PAVEMENT r ok\%N% I CDv A'PNALI PATE . TI 2' HEDGE 1y ,J Tp !fC Rfu0E VED 6* TREE TO BE REMOVED/ 20' RW REMOVE Tit LF. OF CONCRETE SIDEWALK / TEMPORARY BE / DARK y2: MARKE 4i" TREE SQUARE IN CONCH TO Be REMOVED ?z EL=74.15 Y •?3' DAVE 1LR METAL x'0515 LIMITS OF CONSTRUCTION TO BE REMO. AND SILT FENCE: T SAN1AAf Y / !? RM Et • 7110 wr6 n7 rII • 669! eIV a- YN 21 E62 r TO BE REMOVED ?? PEDESTAL (CRONA} 7x1' CONE RA8 •C1}i, 1X4 CC'AC TO BE REMO , 0PA 6" CPA IS' DA 4" 1 PA 17' X? PA I" 1 OOA 11" TIA 1006 1 A 5' ' c e/IRAHS ' 3' R,OC YORE r[NCE (2) PA 14 6' DOARD ?EN:x T2-37632' REMOVE 20 L.F. OF E7aSTINO B" SANITARY SEWER- LOT 22 V CGNC RA1n ?a WKW&CREM Opt Clevaland Skeet. Stile 205 Clacrr,alar, FL 33755 Phone: (727)442-7196. Fa¦: (727)451-3827 AAD0026e1' 1800060f1 Aww cklmcreed.com , CI TY OF CLEARWATER ?' z K L °- w LV Z [TE P RARAY BENCH MA? ?l}: NAIL IN PO R POLE, EL=73.78 15, WRf• CLK9 . 2 ?{GBtE / REMOVE 2Q L.F, CF / KIS:IImc6" FORCE MAIN REMOVE 90 L.F. OF PXISTING tl• SANITARY SEWER 1~ [-NAM? riPCOT TO BE RELOCATED BY OTHERS AIRPORT DR. 11 REMOVE EXISTING LIFT STATION 22 (SEE SHEET C5) £X7 me e" FAr (Ivor in 5£Rl1CE) CO 'RO YµtiC VAULT w/YErg LTD (Eaoi{D} y? 10P EL-73.;4 ,ttL' ?ti (Ur.{RrS NOT OVAwE01 T-BE-REMOVED-- ??na =da O CC14C WET 1KU "/METAL GRATE (L E0) EL-7411 0/YHILT EL•60.6 74 E REMOVED A' OH; su eAcArLow PREYEN.W (S/a7 (1249 7 Av" R a TO DE RELOCATED BY OTHE TO BE REMOVED !. vJ"• CLEcrRe YETEA M/Baz I3?•' - s 1-r 01AYEIER CONOUIT CO u/0' •,? TO BE REMOVED 1^1) ?' . SAN FAR, YAmaa RA EL - 72.35 WV 1Q' Y[N (A) - 6326 PLUG nYe'K? 1.6369 ' 1 NY 6' PYC u) • 6134 HV IV YCP IS) • 0334 wr a' RCP (Awl - 0 56 PLUG LIFT STATION NO. 22 IMPROVEMENTS DEMOLITION AND MODIFICATION SITE PLANS DATE: OI:r. 2D02 Y FIFFOA IF 1 DRAWN DESIGNED MAC CHECKED ASL PROD MGR. MAC C4 "• Clearwater City C01111111S5IOn Work session Item #: "W9 - °? Agenda Cover lU1emorcandl.1I11 Final Agenda Item # Meeting Date: 1215102 SUNECTIRECOMMENDATION: Approve Change Order No. I to the Northeast Advanced Pollution Control Facility Improvements (99-0072-UT) to Westra Construction Corporation of Palmetto, Florida increasing the Contract by $772,889.00 for a new contract total of $10,182,889.00 and approve a time extension of two hundred- forty (240) calendar days for a revised total completion date of August 14, 2003, la and that the appropriate officials be authorized to execute same. SUMMARY: • The Contract to construct the Northeast Advanced Pollution Control Facility Improvements (99-0072-U'f) was awarded to Westra Construction Corporation on March 1, 2001 for a total amount of $9,410,000.00, • The proposed improvements at the City's Northeast Advanced Pollution Control Facility include several treatment process improvements including Chlorination System Improvements. The original bids included two options for chemical storage facilities to provide disinfection chemicals for the new chlorine contact chamber. Option I included a gaseous chlorine facility and was priced at $325,000.00 and Option 2 included on-site generation of liquid chlorine and was priced at $790,000.00. The decision on selection of the option to implement one of these options was deferred by the City at the time ofaward of the base contract pending additional evaluations of the disinfection process chemistry. At this time, the City staff has determined that gaseous chlorine will be phased out due to safety concerns and that liquid chlorine will be utilized. The Option 2 facility has been modified to utilize liquid chlorine purchased from commercial bleach suppliers rather than generated on-site. This approach has reduced the cost of Option 2 from $790,000.00 to the amount of $724,479.00 included in titre proposed Change Order No. 1. • The City of Safety Harbor will be participating in the funding of treatment process improvements at the Northeast plant in accordance with the Interlocal Agreement between the Cities of Clearwater and Safety Harbor. The percentage of funding participation by Safety Harbor is based on the allocated plant capacity to Safety Harbor, which is approximately 29%, or $210,100.00. • This change order also it costs for the Contractor to install an additional flow control valve f'or installation at the East APC Facility that will be needed to provide proper control of flow diversion between the expanding reclaimed water system from the Northeast plant and the common discharge point at the Fast plant. The cost of the piping, valves, controls and associated components included in the total change order price is $48,410.00, bringing Change Order No.I to a total of $772,889.00. • There are sufficient budget and revenue in the 02 Water & Sewer Bond Construction Fund projects to hind the $724,479.00 City's share for the Northeast Improvements, 343-96658, and the $48,410.00 for the Reclaimed Water System, 343-96739. • A copy of the Change Order is available in the Official Records and Legislative Services office for review. Reviewed by: Originating Dept: "j, Costs Legal Info Srvc NIA Public Works Administrati n Total S 772,889.01} Kell J. O'Brien Budget Public Works User Dept. Funding Sourco: Purchasing DCMIACM Public WorkslUtliities Currant Cl FY Risk Mgmt NIA Other NIA Attachments OP Other Submitted by: Appropriation Coda: City Manager D None 343.06658.563800.535.000 $724,470,00 343.96739.503800.533.000 $48,410.00 Printed on recycled paper' CO #1 NEAPCF Woatra Cont. Rov. 9100 ]Change Order No.1 DATE : November 13, 2002 Y U PROJECT: Northeast Advanced Pollution Control Facility Imp. PROJECT NUMBER: 99-0072-UT PO REFERENCE NO.: 699-28178 CON'T'RACTOR: Westra Construction Corporation 126312 th Avenue East DATE OF CONTRACT: March 14, 2001 Palmetto, Florida 34221 CODE: 343-96658-563800-535-000=$724,479.00 343-96739-563800-533-000=$48,410. SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT, Construct Disinfection Building at a cost of $724,479.00, and incorporate piping, valves and controls at the East Advanced Pollution Control Facility at a cost of $48,410.00. The attached Page 2 explains the work and changes being made to the original contract. A time extension of 240 calendar days is included in order for the Contractor to complete the new work. The revised total completion date is August 14, 2003. STATEMENT OF CONTRACT AMOUNT ACCEPTED BY. ORIGINAL CONTRACT AMOUNT $ 9,410,000.00 CHANGE ORDER # 1 . $ 772,889.00 NEW CONTRACT AMOUNT $10,182,889.00 WESTRA CONSTRUCTION CORP. By: ( Seal) William Haan, Director Date: Brian J. Aungrst, Mayor-Commissioner WITNESSES: Bryan D. Ruff Assistant City Attorney Cynthia E. Goudeau, City Clerk Date: CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA William B. Horne 11, City Manager Recommended by Engineering Consultant McKim & Creed, P.A. 1. treet Lee, P. E. , Senior Project Manager Recommended By: Michael D. Quillen, P.E., City Engineer 10 Pagel --Northeast Advanced Pollution Control Facility Improvements Change Order #1 ; November 13, 2002 Explanation and Sunimary of Work The work under this Change Order consists of the following; Northeast_APC Facility E ¦ 'Construction of a new 61'-0" x 36'-0" pre-engineered steel building to house chemical feed system equipment and chemical storage facilities for sodium hypoehlorite disinfectants. Chemical. Furnish and install three (3) new sodium hypoclrlorite chemical feed pumps. ¦ Furnish and install two (2) new-sodium metabisulfite chemical feed pumps.. 4 , Furnish and install two (2) 10,000 gallon sodium hypochlorite chemical storage tanks. ¦. Furnish and install instrumentation and control systems for new chemical feed systems including sample pumps for the chlorine contact chambers. ¦ Electrical system for building lighting feed system power and associated systems, ¦ Piping, valves and associated fittings and accessories for chemical feed systems. ¦ Site grading and drainage modifications for new building. East APC Facility Site ' . ¦ installation of an additional flow control valve to provide capacity for peak now from the Northwest outfall. • f ¦ Core drill opening in existing re-aeration basin,for pipe installation. ' ¦ Provide new tap on existing 30" outfall pipe. { ¦ Install control system for new valve, ' ¦ Installation of above and below ground piping. ?•a,§eyy ?rrnamw,a,,.w. ... _ _.- ___'_ _- .. . . . . ... 1. ., ..,.... .. . .... , .. .. . ,. -.. _. .. .. ._ R* a Clearwater City Commission Work session Item #: Agenda Cover Memorandum Final Agenda Item # Meeting Date: 12/05/02 SUBJECTIRECOMMENDATION: Award a construction contract to All American Concrete, Inc. of Largo, Florida for the installation of a sanitary sewer main in Faulds Road, in the amount of $120,597.24, in accordance with City Code Sec. 2.564(d), other governmental bid, © and that the a ro riate officials be authorized to execute same. SUMMARY: • The purpose of this contract is to provide for the extension of sanitary sewers in Faulds Road from Dexter Drive to a point approximately 100 feat North of Belleair Road, making service available to Eighteen (18) residences. A majority of the residents along Faulds Road have requested that the City of Clearwater extend sanitary sewer services to their residences, all of which are in unincorporated Pinellas County. • These homes are currently on septic tanks, many of which are not functioning properly. • , As this is.such a small extension, a formal assessment process is not warranted. The City has, on several similar occasions in the past, taken the role of the extendor and, at its expense, installed the lines into County areas when 50% of the owners annex (or agree to annex) and pay all impact fees including a front footage proportion of the construction costs. This construction cost is currently estimated at $62.12 per front foot. All American Concrete, Inc. is the present holder of the low bid, annual, sanitary sewer contract with The City of St. Petersburg (contract # 913-81). The unit prices for this work are from that contract. The contractor. will be allowed 60 days to accomplish the work and will begin within 30 days of a notice to proceed. While this action awards the contract for the work, the contract will not be executed unless 50% of the adjacent owners actually execute agreements to annex and pay all appropriate fees as well as the construction costs associated with their property within 30 days of this approval. 66% of the homeowners have indicated a willingness to do so. The contractor is aware of the dependency of the contract's execution upon the collection of the funds. • There is sufficient funding in the Sanitary Sewer Extensions capital improvement project (315-96630) to fund this project. Reviewed by: Legal -? p Budget Purchasing Risk Mgmt NIA Submitted by, City Manager Originating Dept: Info Srvc NIA Public Works . ? Administration Kell J. O'Brien Public Works l ,User Dept. ti -- i DCM/ACM Public Utilities Other ? 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CITY OF CLEARWATER, FLORIDA El = CITY LIMITS PUBLIC WORKS ADMINISTRATION ENGINEERING AREAS OUTSIDE C{TY LIMIl5 3'{r - -°- - - _ _I Al}L135 ROAD - SAN IIAR Y 14 14LH I:X11'.NSio NORTH ST LIME ST CITRUS ST LEM014 ST SEABREEZE ST C. R. 474 G a (n w z 0 1 TIMMONS TERR PROJECT LOCATION LAKEMEW RD C. R. 488 d o a w a a ir ca w Y o; z 0 0 oo = w _j Li _j _j U STANCEL DR BUGLE LA a 9 0 U Cr LA z s S REDCOAT LA FOX CIR g a d W1nfl.ld Rd g B? S Wlnflald Rd Wlnflold Clr ERNES T? RD x a RD N NORTHWOOD w c ,,KEYSOUTHWOOD LA Id m r- I BELLEAIR z ¢ U tY +J a x C.R.464 RD Cr Y OF CLEARWATER, FWIUDA PUBLIC WORKS ADMINISTRATION Location Map FAULDS ROAD SANITARY SEWER EXTENSION a ? S EMERALD DR ff:l 11 J[ - - - BA GR?u PINEWOOD DR C7 W- Martha z U PARKSIDE DL a g a L_ Br PALMWOOD' OR PENNY LA m I CO, g MITEW05D 9 DR as FRU? ITW 0 z HUNT z HARDWOOD Duncan C 0 n a a U CT BELLROSE DR N w c? WILDWOOD RD m ENGINEERMG Clearwater City Commission Work session Item #: Agenda COVCI' MC111Al`all(ILI111 Final Adenda Item # „l Meeting Date: 12105/02 SUBJECTIRECOMMENDATION: Authorize payment to Florida Power Corporation in the amount of $102,985.10, for undergrounding overhead power lines on Mandalay Ave., Papaya St. and San Marco St. ? and that the appropriate officials be authorized to execute same. _ SUMMARY: • An' integral component of the Mandalay Streetscape project is the undergrounding of all overhead utilities in the project area. Florida Power and the City agreed to a cooperative effort to accomplish this. • The City has installed underground conduits for Florida Power's use as a part of the construction contract to Keystone Excavators approved by the Commission in November 2001. • Florida Power is requesting reimbursement in the amount of $102,985.10 for their work efforts to pull the lines through the conduit, relocate transformers, and reinstall services to the businesses. • This work was anticipated during the project planning stage and the project budget included this cost. This work concludes the private utility portion of the project. • Sufficient funds to make this payment are available in capital project 315-92261, Beach Streetscape. Reviewed by: Originating Dept: Costs Legal Info Srvc NA Public Works Adm./Eng. Total (G. Bahnick) $102,985.10 Budget Public Works Veer Dept. Funding Source: Purchasing OCMIACM e L Current FY x Cl X Risk Mgmt NA Other Attachments OP _ Other Submitted by: City Manager None Appropriation Code: 316.92251-563700.541-000 Printed an Florida Power-Mandalay Ave. Projoct.doc Rev. 2198 ,K tI . \tt ~. SECTION I ADVERTISEMENT OF BIDS & NOTICE TO CONTRACTORS 2003 TENNIS COURT RESURFACING CONTRACT NO. 02-0077-PR CLEARWATER, FLORIDA Copies of the Contract Documents and Location Maps for this project are available for inspection and/or purchase by prospective bidders at the Municipal Services Bldg., Public Works Administration Office, 2nd Floor, 100 So. Myrtle Ave., Clearwater, Florida, between the hours of 8:30 a.m. and 4:30 p.m. Monday thru Friday, on Thursday, October 24, 2002, until no later than close of business three days preceding the bid opening. A charge of $30.00, none of which will be refunded, will be made for each set. The work for which proposals are invited consists of the patching and resurfacing of nine (9) tennis courts, and the installation of new net posts and nets. Three (3) tennis courts are located at Clearwater Beach Recreational Complex - 69 Bay Esplanade and two (2) tennis courts each are located at Bay Park on Sand Key - 1551 Gulf Boulevard, Forest Run Park - 3450 Landmark Drive and Ed Wright Park - 1326 South Martin Luther King Junior Boulevard, all being located in the City of Clearwater, Florida. The work to be performed as part of this contract shall include all labor, supervision, equipment and materials necessary to complete the project to City Standards. Sealed proposals will be received by the Purchasing Mana~er, at the Purchasing Office, located at the Municipal Services Bldg., 100 So. Myrtle Ave., 3T Floor, Clearwater, Florida 33756- 5520, until 1:30 P.M. on Monday, November 4,2002, and publicly opened and read at that hour and place for 2003 TENNIS COURT RESURFACING (02-0077-PR). A complete bidders package containing plans, specifications, bond forms, contract form, affidavits and proposal form is available only to City pre-qualified tennis court contractors. Contractors, suppliers, or others who are not pre-qualified but who may be interested as a possible subcontractor, supplier, etc., may purchase a "Subcontractor" package consisting of plans, specifications, and pay items worksheet. A 10% bid bond is required for all City of Clearwater projects. The right is reserved by the City Manager of the City of Clearwater, Florida to reject any or all bids. ,..r'" The City of Clearwater, Florida William B. Home II, City Manager . . .' T~llRX SRCTTON I ADVERTISE:MENTFOR BIDS & NOTICE TO CONTRACTORS n INSTRUCTION TO BIDDERS COPIES OF BIDDING DOCUMENTS QUALIFICATION OF BIDDERS EXAMINATION OF CONTRACT DOCUMENTS AND SITE INTERPRETATIONS ANDAODENDA BID SECURITY OR BID BOND CONTRACT TIME LIQUIDATED DAMAGES SUBSTITUTE MATERIAL & EQUIPMENT SUBCONTRACTORS BID/PROPOSAL FORM SUBMISSION OF BIDS MODIFICATION AND WITHDRAWAL OF BIDS REJECTION OF BIDS DISQUALIFICATION OF BIDDER OPENING OF BIDS LICENSES, PERMITS, ROYALTY FEES AND TAXES IDENTICAL TIE BIDSNENDOR DRUG FREE WORKPLACE A ..\ RTTCT .R N/A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 P..\~E N/A 1 1 2&3 3 3&4 4 4 4 4&5 5 6 6 6 7 7 7 7&8 June 2002 .. . . TN OF. X s}!:rnON ARTI~T ,F. n INSTRUCTIONS TO BIDDERS CONTINUED: AWARD OF CONTRACT 18 BID PROTEST 19 TRENCH SAFETY ACT 20 m GENERAL CONDmONS DEFINITIONS 1 PRELIMINARY MAlTERS 2 DELIVERY OF BONDS AND CERTIFICATES OF INSURANCE 2.1 COPIES OF DOCUMENTS 2.2 COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED; STARTING THE PROJECT 2.3 BEFORE STARTING CONSTRUCTION 2.4 PRECONSTRUCTION CONFERENCE 2.5 CONTRACT DOCUMENTS, INTENT INTENT 3 3.1 REPORTING & RESOLVING DISCREPANCIES 3.2 4 A V AILABILTIY OF LANDS; SUBSURFACE AND PHYSICAL CONDmONS; REFERENCE POINTS AV AILABILTIY OF LANDS 4.1 INVESTIGATIONS AND REPORTS 4.2 PHYSICAL CONDmONS; UNDERGROUND FACILITIES 4.3 B PAG"F, 8&9 9&10 10 1 THRU 4 4&5 5&6 6 TIIRU 8 June 2002 . . . TN n F.X SF.l:TION ARTT~' ,F. m GENERAL CONDmONSCONTINUED: REFERENCE POINTS 4.4 BONDS AND INSURANCE 5 PERFORMANCE AND PAYMENT BOND/CONTRACt BOND 5.1 INSURANCE Workmen's Compensation Insurance Public Liability & Property Damage Longshore &. Harbor Worker's Compensation 5.2 WAIVER OF RIGHfS 5.3 CONTRACTORS RESPONSffiILITJES 6 SUPERVISION AND SUPERINTENDENCE 6.1 LABOR, MATERIALS AND EQUIPMENT 6.2 SUBSTITUTES AND "OR EQUAL" ITEMS 6.3 RESPONSffiILITYFOR SUBCOIDRACTORS, 6.4 SUPPLIERS AND OTHERS USE OF PREMISES 6.5 LICENSE AND PATENT FEES, ROYALTIES AND TAXES 6.6 LA WSANDREGULATIONS 6.7 PERMITS 6.8 SAFETY ANDPROTECfION 6.9 EMERGENCIES 6.10 SHOP DRAWINGS AND SAMPLES 6.11 c PAC'-(E 8 THRU 11 11 12 THRU 18 June 2002 .. INDRX . SRCTION m GENERAL CONDITIONS CONTINUED: AS-BUILT DRAWINGS CAD STANDARDS DELIVERABLES CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE CONTINUING THE WORK INDEMNlFICATION OTIIER WORK RELATED WORK AT SITE COORDINATION OWNERS RESPONSIBILITY ENGINEER'S STATUS DURING CONSTRUCTION OWNERS REPRESENTATIVE CLARIFICATIONS AND INTERPRETATIONS REJECTING OF DEFECTIVE WORK SHOP DRAWINGS, CHANGE ORDERS, AND PAYMENTS DECISIONS ON DISPUTES LIMITATIONS ON ENGINEER'S .RESPONSIBILITlES CHANGES IN THE WORK CHANGES IN THE CONTRACT PRICE CHANGES IN THE CONTRACT PRICE . D ARTI~1 ,R 6.11 6.12 6.13 6.14 7 7.1 7.2 8 9 9.1 9.2 9.3 9.4 9.5 9.6 10 11 11.1 PAGR 18& 19 19 THRU 22 23 23 &24 24 24&25 25&26 26 26 THRU 28 28 & 29 29&30 June 2002 .. INJlF: X SRc;TION m GENERAL CONDmONS CONTINUED: ALLOWANCES AND FINAL CONTRACT PRICE ADJUSTMENT UNIT PRICE WORK CHANGES IN THE CONTRACT TIME TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK TESTS AND INSPECTION UNCOVERING THE WORK ENGINEER MAY STOP THE WORK . CORRECTION OR REMOVAL OF DEFECTIVE WORK WARRANTY/CORRECTION PERIOD ACCEPTANCE OF DEFECTIVE WORK OWNER MAY CORRECT DEFECTIVE WORK PAYMENTS TO CONTRACTOR AND COMPLETION APPLICATION FOR PROGRESS PAYMENT CONTRACTOR'S WARRANTY OF TITLE REVIEW OF APPLICATIONS FORPROGRBSS PAYMENTS PARTIAL UTn..IZATION FINAL INSPECTION FINAL APPLICATION FOR PAYMENT . E ARTtCI,R PAGR 11..2 11.3 12 31 13 32 THRU 35 13.1 13.2 13.3 13.4 13.5 13.6 13.7 14 35 THRU38 14.1 14.2 14.3 14.4 14.5 14.6 June 2002 . , N OF, X . SF,~TION' m GENERAL CONDmONS CONTINUED: FINAL PAYMENT AND ACCEPTANCE WAIVER OF CLAIMS SUSPENSION OF WORK. AND TERMINATION OWNER MAY SUSPEND THE WORK. OWNER MAY TERMINATE CONTRACTOR MAY STOP WORK. OR TERMINATE DISPUTE RESOLUTION MISCELLANEOUS SUBMlTfAL AND DOCUMENT FORMS GIVING NOTICE NOTICE OF CLAIM PROFESSIONAL FEES & COURT COSTS INCLUDED ASSIGNMENT OF CONTRACT RENEWAL OPTION . F ARTI~' ;~ PAGF, 14.7 14.8 15 38 THRU 40 15.1 15.2 15.3 16 41 17 41 17.1 17.2 17.3 17.4 17.5 17.6 June 2002 . . . TNDF.X SF.CT10N IV TECHNICAL SPECIFICATIONS SCOPE OF THE WORK LINE & GRADE DEFINITION OF TERMS ORDER & LOCATION OF THE WORK EXCAVATION FOR UNDERGROUND WORK CONCRETE EXCAV ATION&FORMS FOR CONCRETE WORK REINFORCEMENT FOR CONCRETE OBSTRUCTIONS RESTORATION OR REPLACEMENT OF CURBS, DRIVEWAYS, SIDEWALKS, AND PAVEMENTS WORK IN EASEMENTS & P ARKW A YS DEWATERING SANITARY -MANHOLES BACKFILL STREET CROSSING RAISING OR LOWERING OF SANITARY SEWERS, STORM DRAINAGE STRUCTURES UNSUITABLE MATERIAL REMOVAL UNDERDRAINS STORM SEWERS G ARneT ,E PAGE 1 1 &2a 2 3 3 4&5 4 5 5 5&'6 6 7 7 8 8 8 9 8 10 9 11 10 12 11 13 12 THRU 14 14 14 15 15 16 15 17 15 18 16 19 17 & 18 June 2002 . . . INDRX SF,CTION IV TECHNICAL SPECIFICATIONS (Continued:) SANITARY SEWERS & FORCE MAINS DRAINAGE ROADWAY BASE & SUBGRADE ASPHALTIC CONCRETE MATERIALS ASPHALTIC MATERIAL (ADJUSTMENT BID PRICE) GENERAL PLANTING SPECIFICATIONS LANDSCAPE . IRRIGATION HOPE DEFORMEDIREFORMEDPIPE LINING PLANT MIX DRIVEWAYS REPORTING OF TONNAGE OF RECYCLED MATERIALS CONCRETE CURBS CONCRETE SIDEW ALKS& DRIVEWAYS SODDING SEEDING STORM MANHOLES, INLETS, CATCH BASINS, OR OTHER STORM STRUCTURES MATERIAL USED CONFLICT BETWEEN PLANS & SPECIFICATIONS STREET SIGNS VIDEO TAPING OF CONSTRUCTION WORK SITE H ARTICI,F, 20 18 THRU 22 21 22 22 23 THRU 26 23 26 THRU 30 24 31 25 32THRU 49 50 THRU60 26 61 THRU 64 27 65 28 66 29 67 30 67 31 68 32 68 33 69 & 70 34 71 35 71 36 71 37 72 THRU 74 PAGF, June 2002 '. . . INn~x SRCTlON IV TECHNICAL SPECIFICATIONS (Continued): EROSION & SILTATION CONTROL UTILITY TIE-IN LOCATION MARKING AWARD OF CONTRACT, WORK SCHEDULE & GUARANTEE WATER SPECIFICATIONS GAS SPECIFICATIONS TENNIS COURT CLAY TENNIS COURTS WORK ZONE TRAFFIC CONTROL CURED-IN-PLACE PIPE LINING POLYETIIYLENESLIPLINING POLYVINYL CHLORIDE RlBBED PIPE GUNITE SPECIFICATIONS SANITARY AND STORM MANHOLELINER RESTORATION PROJECT INFORMATION SIGNS IN-LINE SKATING SURFACING SYSTEM RESIDENT NOTIFICATION OF START OF CONSTRUCTION GABIONS AND MATTRESSES LAWN MAINTENANCE SPECIFICATIONS MILLING CLEARlNG & GRUBBING RIPRAP I ARTlClr'J4; PAGR 3.8 75THRU 79 39 80 40 81 41 82 THRU 93 42 N/A 43 94 TIIRU 96 43a 97 THRU 103 44 104 THRU 106 45 107 TIIRU 109 46 110 TIIRU 115 47 116 48 117 TIIRU 124 49 125 TIIRU 135 50 136 & 137 51 138 THRU 140 52 141 & 142 53 143 TIIRU 148 54 149THRU 152 55 153 THRU 155 56 156 57 157 June 2002 . e, e TNDE X SEC7TON IV TECHNICAL SPECIFICATIONS (Continued): TREATMENT PLANT SAFETY TRAFFIC SIGNAL EQUIPMENT AND MATERIALS SIGNlNG.AND MARKING ROADWAY LIGHTING ROOT PRUNING V CONTRACT FORMS CONTRACT BOND CONTRACT CONTRACfOR'SAFFIDA VIT FOR FINAL PAYMENT PROPOSAL BOND AFFIDAVIT NON-COLLUSION AFFIDAVIT PROPOSAL ADDENDUM ACKNOWLEDGMENT SHEET UNIT PRICE PROPOSAL SHEET(S) J AllTln :li~ 58 59 60 61 62 1&2 3 TIIRU 5 10TIIRU 12 PAGF. 158 159 160 160 161 6 7 8 9 13 14 June 2002 .. . . SECTION II INSTRUCTIONS TO BIDDERS 1. COPIES OF BIDDING DOCUMENTS 1.1 Complete sets of the Bidding Documents are available for the sum stated in the Advertisement for Bid from the Office of the ~rchasing Manager. This amount represents reproduction costs and is non-refundable. A complete bidders package containing plans, specifications, bond fonus, contract fonn, affidavits and bid/proposal form is available only to pre-qualified bidders. Contractors, suppliers, or others who are not pre..,qualified but who may be a possible subcontractor, supplier, or other interested person may purchase a "Subcontractor" package consisting of plans , specifications, and list of pay items. 1.2 Complete sets of Bidding Documents must be used in preparing bids. Neither the City nor the Engineer shall be liable for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents, by Bidders, sub-bidders or others. 1.3 The City, in making copies of Bidding Documents available on the above terms, "does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant any other permission to use the documents for any other purpose. 2. QUALIFICATION OF BIDDERS Each prospective Bidder must pre-qualify to demonstrate, to the complete satisfaction of the City of Clearwater, that the Bidder has the necessary facilities, equipment, ability, financial resources and experience to perform the work in a satisfactory manner before obtaining drawings, specifications and contract documents. An application package for pre-qualification may be obtained by contacting the City of Clearwater, Engineering Department, Engineering Services Division at P.O. Box 4748, Clearwater, Florida 33758-4748 (mailing address); 100 South Myrtle Avenue, Clearwater, Florida 33756-5520 (street address only) or by phone at (727) 562-4750. All qualification data must be completed and delivered to the Director of Engineering at the above address not later than fourteen (14) days prior to the time set for the receipt of bids . Bidders currently pre-qualified by the City do not have to make reapplication. Section U 1 Revised 12100 SECTION n - INSTRUCTIONS TO BIDDERS CONTINUED: . 3. EXAMINA nON OF CONTRACT DOCUMENTS AND SITE 3. I It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the Contract Documents thoroughly~ (b) visit the site to become familiar with local conditions that may in any manner affect cost, progress, performance or furnishing of the . work; (c) consider and .abide by all applicable federal, state and local laws, ordinances, rules and regulations~ and (d) study and carefully correlate Bidder's observations with the Contract Documents, and notifY Engineer of all conflicts, errors or discrepancies in the Contract Documents. 3.2 In reference to the Technical Specifications andlorthe Scope of the Work for identification of those reports of explorations and tests ofsubsurfa.ce conditions at the site which have been utilized by the Engineer in the preparation of the Contract Documents, bidder may rely upon the accuracy of the technical data contained in such reports but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for the purposes of bidding or construction. In reference to those drawings relating to physical conditions of existing surface and subsJJrface conditions (except Underground Facilities) which are at or contiguous to the site and which have been utilized by the Engineer in preparation of the Contract Documents, bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. . 3.3 Information and data reflected in the Contract DOC)Jments with respect to Underground Facilities at or contiguous to the site are based upon information and data furnished to the City and Engineer by owners of such Underground Facilities or others, and the City does not assume responsibility for the accuracy or completeness thereofunless expressly provided in the Contract Documents. 3.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities, other physical conditions, possible conditions, and possible changes in the Contract Documents due to differing conditions appear in the General Conditions. 3.5 Before submitting a Bid, each Bidder shall, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface,subswfaeeand Underground Facilities) at or contiguous to the site or otherwise which may atfectcost, progress, performance or furnishing the work in accordance with the time, price and other terms and conditions of the Contract Documents. 3.6 On request in advance, City will provide each Bidder access to the site to conduct such explorations and tests at Bidder's own expense as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the site to its former condition upon . completion of such explorations and tests. Section II 2 Revised 12/ 00 '. . . SECI10N n.. INSTRUCTIONS TO BIDDERS CONTINUED: 4. 3.7 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by the Contractor in performing theW orkare identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to he provided by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by the City unless otherwise provided in the Contract Documents. 3.8 The submission of a Bid will constitute an unequivocal representation by the Bidder that the Bidder has complied with every requirement of these Instructions to Bidders and that, without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents by such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions of performance and furnishing of the work. INTERPRETATIONS AND ADDENDA 4.1 All questions as to the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be issued by Addenda, either by mail or facsimile transmission, to all parties recorded by the Purchasing Manager .as having received the Bidding Documents. Questions received less than ten (10) days prior to the date for opening of Bids may not be answered. Only information provided by formal written Addenda will be binding. Oraland other interpretations of clarifications will be without legal effect. 4.2 Addenda may also be issued to modifY the Bidding Documents as deemed advisable by the City or Engineer. s. BID SECURITY OR BID BOND 5.1 Each Bid must be accompanied by Bid Security made payable to the City of Clearwater in an amount equal to ten percent (10%) of the Bidders's maximum Bid price and in the form ofa certified or cashiers check or a Bid Bond (on form attached) issued by a surety meeting the requirements of the General Conditions. A cash bid bond will not be accepted. Section II 3 R~viseo 12/00 SECTION II - INSTRUCTIONS TOBIDDERSCONTINlJED: .. 5.2 The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Payment and Performance bonds, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required Bonds within ten (10) days after the award of contract by the City Commission, the City may annul the bid and the Bid Security of the Bidder will be forfeited. The Bid Security of any Bidder whom the City believes to have a reasonable chance of receiving the award may be retained by the City until the successful execution of the agreement with the successful Bidder or for a period up to ninety (90) days following bid opening. Security of other Bidders will be returned approximately fourteen (14) days after the Bid opening. 5.3 The Bid Bond shall be issued in the favor of the City of Clearwater by a surety company qualified to do business in, and having a registered agent in the State of Florida. 6. CONTRACT TIME 6.1 The number of consecutive calendar days within which the work is to be completed is set forth in the Technical Specifications. 7. liQUIDATED DAMAGES . 7.1 provisions for liquidated damages are set forth in the Contract Agreement. 8. SUBSTITUTE MATElUAL AND EQUIPMENT 8.1 The contract, ifawarded, will be .on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or equal" item may be furnished or used, application for its acceptance will not be considered by the Engineer until after the effective date of the Contract Agreement. The procedure for submittal of any such application is described in the General Conditions and as supplemented in the Technical Specifications. 9. SUBCONTRACTORS 9 .1ff requested by the City or Engineer, the Successful Bidder, and any other Bidder so requested, shall, within seven (7) days after the date of the request, submit to the Engineer an experience statement with pertinent information as to similar projectS and other evidence of quaIification for each Subcontractor, supplier, person and organization to be used by the Contractor in the completion of the Work. The amount of subcontract work shall not exceed :fifty percent (5001c.) of the Work except as may be specifica1ly approved by the Engineer. If the Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, supplier, other person or organization, he may, before recommending award of the Contract . Section II 4 Revised 12/00 . . . SECTION n -INSTRUCIlONS TO BIDDERS CONTINUED: Agreement to the City Commission, request the Successful Bidder to submit an acceptable substitute without an increase in Contract Price or Contract Time. If the Successful Bidder declines to make any such substitution, the City may award the contract to the next lowest and most responsive Bidder that proposes to use acceptable Subcontractors, Suppliers, and other persons and organizations. Declining to make requested substitutionswiUnot constitute grounds for sacrificing the Bid security to the City of any Bidder. Any Subcontractor, supplier, other person or organil:ation listed by the Contractor and to whom the Engineer does not make written objection prior to the recon:unendation of award to the City Commission wiUbe deemed acceptable to the City subject to revocation of such acceptance after the Effective Date of the Contract Agreement as provided in the General Conditions. 9.2 No Contractor shall be required to employ any Subcontractor, supplier, person or organil:ationagainst whom he has reasonable objection. 10. BIDIPROPOSALFORM 10.1 The Bid/Proposal Form is included with the Contract Documents and shall be completed in ink or by typewriter. All blanks on the BidIProposal Forms must be completed. The Bidder must state in the BidlProposal Form in words and numerals without delineation's, alterations or erasures, the price for which .he will perform the work as required by the Contract Documents. Bidders are required to bid on .alJ items in the BidlProposal form. The lump sum for each section or item shall be for furnishing all equipment, materials, and labor for completing the section or item as per the plans and contract specifications. Should it be found that quantities or amounts shown on the plans or in the proposal, for any part of the work, are exceeded or should they be found to be less after the actual construction of the work, the amount bid for each section or item will be increased or decreased in direct proportion to the unit prices bid for the listed individual items. 10.2 Bids by corporations shall be executed in the corporate name by the president or a vice- president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the Signature. If requested, the person signing a Bid fora corporation or partnership shall produce evidence satisfactory to the City of the person's authority to bind the corporation or partnership. 10.3 Bids by partnerships shall be executed in the partnership name and signed by a general partner, whose title shall appear under the signature and the official address of the partnership shall be shown below the signature. 10.4 AU names shall be typ.ed or printed below the signature. Section II 5 Revise,j 1:/00 SECTION U- INSTRUCTIONS TO BlDDERS CONTINUED: . 11. SUBMISSION OF BIDS 11.1 Sealed Bids shall be submitted at or before the time and at the place indicated in the Advertisement for Bids .and shall be submitted in the bid envelope provided with the bid documents. If forwarded by mail, the Bid shall be enclosed in another envelope with the notation "Bid Enclosedlton the face thereof and addressed to the City of Clearwater, attention Purchasing Manager, Bids will be received at the office indicated in the Advertisement.until the time and date specified. Telegraphic or.facsimile bids received by the Purchasing Manager will not be accepted. 12. MODIFICA nON AND WITHDRAWAL OF BIDS 12.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered as described in the Advertisement of Bids. A request for withdrawal or a modification shall be in writing and signed by a person duly authorized to do so. Withdrawal of a Bid will not prejudice the rights of a Bidder to submit a new Bid prior to the Bid Date and Time. After expiration of the period for receiving Bids, no Bid may be withdrawn or modified. . 12.2 After a bid is received by the City, the bidder may request to modify the bid for typographical or scrivener's errors only. The bidder must state in writing to the City that a typographical or scrivener's error has been made by the bidder, the nature of the error, the requested correction of the error, and what the adjusted bid amount will be if the correction is accepted by the City. The City reserves the right .at its sole discretion to accept, reject, or modify any bid. 13. REJECTION OF BIDS 13.1 To the extent permitted by applicable State and Federal laws and regulations, the City reserves the right to reject any and all Bids, and to waive any and all infonnalities.Grounds for the rejection of a bid include but are not limited to a material omission, unauthorized alteration of fOM unauthorized alternate bids, incomplete or unbalanced unit prices, or irregularities of any kind, Also, the City reserves the right to reject any Bid if the City believes that it would not be in the best interest of the public to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the City. The City reserves the right to decide which bid is deemed to be the lowest and best in the interest of the public. . Section II 6 Reviseo 12/00 .. SECTION II ~ INSTRUCTIONS TO BIDDERS CONTINUED: 14. DISQUALIFICATION OF BIDDER 14.1 Any or all bids will be rejected ifthere is any reason for believing that collusion exists among the bidders, the participants in such collusion will not be considered in future proposals for the same work. Each bidder shall execute the Non-Collusion Affidavit contained in the Contract Documents. 15. OPENING OF BIDS 15.1 Bids will be opened and read publicly at the location and time stated in the Advertisement for Bids. Bidders are invited to be present at the opening of bids. 16. LICENSES, PERMITS, ROYALTY FEES AND TAXES . 16.1 The Contractor shall secure all licenses 8Jldpermits (and shall pay all permit fees) except as specifically stated otherwise in the Technical Specifications. The Contractor shall comply with all Federal and State Laws, County and Municipal Ordinances8Jld regulations which in any manner effect the prosecution of the work. City of Clearwater building permit fees and impact fees will be waived except as specifically stated otherwise in the Technical Specifications. 16.2 The Contractor shall assume all liability for the payment of royalty fees due to the use of any construction or operation process which is protected by patent rights except as specifically stated otherwise in the Technical Specifications. The amount of royalty fee, if any, shall be stated by the Contractor. 16.3 The Contractor shall pay all applicable sales, consumer, use and other taxes required by law. The Contractor is responsible for reviewing the pertinent State Statutes involving the sales tax and sales tax exemptions and complying with all requirements. 17. IDENTICAL TIE BIDSNENDOR DRUG FREE WORKPLACE 17.1 In accordance with the requirements of Section 287.087 Florida Statutes regarding a Vendor Drug Free Workplace, in the event of identical tie bids, preference shall be given to bidders with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service .are received by the City for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none or all of the tied bidders have a drug-free workplace program. In order to have a drug-free workplace program, a contractor shall supply the City with a certificate containing the following six . statements and the accompanying certification statement: Section Il: 7 Revised 03/02 SECTION n - INSTRUCTIONS TO BIDDERS CONTINUED: . (1 ) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use ofa controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees as to the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee eDgaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), noti1)r the employees that, asa condition ofworldng on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will noti1)r the employer of any convictiono( or plea of guilty or nolo contendere to, any violation of chapter 893, or of any controlled substance law, of the United States, or of any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or . rehabilitation program ifsuch is available in the employee's community, by any employee who is so ... convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. I certify that this firm does/does not (select only one) fully comply with the above requirements. 18. AWARD OF CONTRACT 18.1 Discrepancies between words and figures will be resolved in favor of words. Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct .sum thereof will be resolved in favor of the correct sum. 18.2 In evaluating the Bids, the City will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, unit prices, and other data as may be requested in the Bid/Proposal form. The City may consider the qualifications and experience of Subcontractors, suppliers and other persons and organizations proposed by the Contractor for the Work. The City may conduct such investigations as the City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons, and organizations to perform and . furnish the Work in accordance with the Contract Documents to the City's satisfaction within the .. prescribed time. Section II 8 Revised 03/02 .. SECflON n -INSTRUCTIONS TO BIDDERS CONTINUED: 18.3 If the Contract is to be awarded, it will be awarded to the lowest responsible, responsive Bidder whose evaluation by the City indicates to the City that the award will be in the best interest ofthe City. 18.4 Award of contract will be made for that combination of base bid and alternate bid items in the best interest of the City, however, unless otherwise specified all work .awarded will be awarded to only one Contractor. 19. BID PROTEST 19.1 RIGHT TO PROTEST: Any actual bidder who is aggrieved in connection with the solicitation or award of a contract may seek resolution of hislher complaints initially with the Purchasing Manager, and if not satisfied, with the City Manager, in accordance with protest procedures set forth in this section. . 19.2 PROTEST PROCEDURE: A A protest with respect to the specifications of an invitation for bid or request for proposal shall be submitted in writing a minimum of five (5) work days prior to the opening of the bid or due date of the request for proposal. Opening dates for bids or due dates for requests for proposal will be printed on the bid/request documentitseli . B. Protests in respect to award of contract shall be submitted in writing a maximum offive (5) work days after notice of intent to award is posted, or is mailed to each bidder, which ever is earlier. Notice of intent to award will be forwarded to bidders upon telephonic or written request. Protests of recommended award should cite specific portions of the City of Clearwater Code of Ordinances that have allegedly been violated. C. Exceptions to the five (5) day requirements noted in both A and B above may be granted if the aggrieved person could have not been reasonably expected to have knowledge of the facts giving rise to such protest prior to the bid opening, posting of intent to award, or due date for requests for proposals. Request for exceptions should be made in writing, stating reasons for the exception. D. The Purchasing Manager shall respond to the formal written protest within five business days of receipt. The Purchasing Manager's response will be fully coordinated with the appropriate Department Director and the Assistant City Manager. E. If the protestor is not satisfied with the response from the Purchasing Manager, he/she may then submit in writing within five business days of receipt of that response hislher reason for dissatisfaction, along with copies of hislher original formal protest letter and the response from the Purchasing Manager, to the City Manager. . Section II 9 Revised 12/00 SECflON II - INSTRUCTIONS TO BIDDERS CONTINUED: F. The City Manager as Purchasing Agent for the City has the final authority in the matter of protests. The City Manager will respond to the protestor within ten work days of receipt of the appeal. 19.3 STAY OF PROCUREMENT DURING PROTEST: In the event of a timely protest, the Purchasing Manager shall not proceed with the solicitation or .award of contract until all administrative remedies have been exhausted or until the City Manager makes written detennination that the award of contract without delay is necessary to protect the best interest of the City. ' 20. TRENCH SAFETY ACT 20.1 The Bidder shall comply with the provisions of the Florida Trench Safety Act (Sections 553.60-553.64, Florida Statutes) and the provisions of the Occupational Safety and Health Administration's (OSHA) excavation safety standards, 29C.F.R.s 1926.650 SubparagraphP, or current revisions of these laws. s,-".:-t i ':'0 I I 10 Revised 12/00 . . . '. . . SECTION m GENERAL CONDITIONS 1. DEFlNITIONS: Alldenda Written or graphic instruments issued prior to the opening of Bids which clarifY, correct or change the Bidding Requirements or the contract documents. Agreement The written contract between OWNER and CONTRACTOR covering the Work to be performed~ other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment The fonn accepted by ENGINEER which is to be. used by CONTRACTOR in requesting progress or final payments and whi.ch is to be accompanied by such supporting documentation as is required by the Contract Documents. Approl1e The word approve is defined to mean satisfactory review of the material, equipment or methods for general compliance with the design concepts and with the information given in the Contract Documents. It does not imply a responsibility on the part of the Engineer to verifY in every detail conformance with the Drawings and Specifications. Bil! The offer or proposal of the bidder submitted on the prescribed Rlml setting forth the prices for the work to be perfonned. Bidding Documents The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contact Documents (including all Addenda issued prior to receipt of Bids). Bond'iPerformanceand payment bonds and other instruments of security. Change Ortler A written order to Contractor signed by Owner and Contractor authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued on or after the effective date of the Abrreement. City The City of Clearwater, Florida. Contract Docllment.'i The Agreement. Addenda (which pertain to the Contract Documents), Contractor's Bid (including documentation accompanying the bid and any post-Bid documentation submitted prior to the execution of the Agreement) when attached as an exhibit to the Agreement, the Bonds, Instructions to Bidders, these General Conditions, any Supplementary Conditions, the Specifications and the Drawings, any other exhibits identified in the Agreement, together with all Modifications issued after the execution of the Agreement. Section III 1 Revised 12/00 . 1. DEFINITIONS CONTINUED: Contract Price The Contract price constitutes the total compensation (subject to authorized adjustments) payable by Ow~er to Contractor for performing the Work. Contrtlct Time The number of days or the date stated in the Agreement for the completion of the Work. Contrtlctor The Person with whom the Owner has entered into the Agreement. Day A.calendar day of twenty-four hours measured from midnight to the next midnight. Defectil'e An adjective which when modifYing the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to Engineers recommendation of final payment. Drawings The drawings, which will be identified in Technical Specifications or the Agreement, which show the character and scope of the Work to be performed and which have been prepared or approved by Engineer and are referred to in the contract documents. Shop drawings are not . Drawings as so defined. Engineer The duly appointed representative of the City Manager ofttie City of Clearwater. For the purposes of this contract, the City Engineer or his duly appointed representative. Engineer's Consultant A Person having a contract with Engineer to furnish services as Engineer's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. Furnish The words "furnish", "furnish and install", "install", and "provide" or words of similar meaning shall be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and ready for service", Inspection The term "inspection" and the act of inspecting means examination of construction to ensure that it conforms to the design concept expressed in the Drawings and Specifications. These terms shall not be construed to mean supervision, superintending or overseeing. Laws tlml Regulations Any and .all applicable laws, rules, regulations, ordinances, codes and orders of any kind of governmental bodies, agencies, authorities and courts having jurisdiction. Liens Liens, charges, security interests or encumbrances upon .real property or personal property. . Section III 2 Revi;sed 12/00 .. . . 1. DEFINITIONS CONTINUED: Milestone A principal event specified in the contract Documents relating to an intermediate completion date or time prior to the final completion date. Notice to Procee(1 A written notice given by the Owner to the Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform his obligations under the Contract Documents. Owner The City of Clearwater, Florida' Person A natural person or a corporation, partnership, firm, organization, or other artificial entity. Project The total construction of which the Work to be provided under the Contract Documents maybe the whole ora part as indicated elsewhere in the Contract Documents. Partial Util;zati01' Use by Owner ofa substantially completed part of the Work for the purpose for which is intended (or a related purpose) prior to final Completion of all the Work. Shop Drmv;ng All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for Contractor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts,instIllctions, diagrams and other information prepared by a supplier and submitted by Contractor to illustrate material or equipment for some portion ofthe Work. Specifications Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor A person having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the site. Substantial Completion The Work (or a specified part thereof) which has progressed to the point where, in the opinion of Engineer, as evidenced by Engineers's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract documents, sothat the Work (or specified part) can be utilized for the purposes for which it is intended~ or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by the Engineers recommendation of final payment. The terms "substantially completell and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. Supplementary Comlitiolls The part of the Contract which amends or supplements these General Conditions, S.ection II! 3 Revised 1:/00 1. DEFINITIONS CONTINUED: . Supplier A manufacturer, fabricator, supplier. distributor, materialman or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by the Contractor. Surety Any person, firm or corporation which is bound with Contractor and which engages to be responsible for Contractor and his acceptable performance of the Work by a Bid, Performance or Payment Bond. Untlergrountl Facilities All pipelines, conduits, ducts, cables, wires manholes, vaults, tanks, tunnels or other such facilities orattachments,and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal or treatment, traffic or other control systems or water. Unit Price Work Work to be paid for on the basis ofumt prices. Work The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, alias required by the Contract. Documents. Work ClumgeDirecti)'e A written directive to Contractor, issued on or after the Effective Date of the Agreement and signed by the Engineer, ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed or emergencies. Work Change Directive will not change the Contract Price or Contract Time. but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated ina subsequently issued Change Order following negotiations by the parties as to its effect, if any. on the Contract Price or Contract Times. 2. PRELIMINARY MATTERS 2J DELIVERY OF BONDS AND CERTIFICATES OF INSURANCE When Contractor delivers the executed Agreements to Owner, Contractor shall also deliver to Owner such Bonds and Certificates ofInsurance as Contractor may be required to furnish by this contract. 2.2 COPIES OF DOCUMENTS Engineer shall furnish to Contractor four copies of Contract Documents for execution. Additional .copies will be furnished, upon request, at the cost of reproduction. . Section .III 4 Revised 12/00 . . . 2. PRELIMlNARYMA TIERS continued: 2.3 COMMENCEMENT OF CONTRACf TIMEINOTICE TO PROCEED; STARTING mE PROJECT The CantractTime will cammence an the day indicat~ in the Notice to Proceed. Contractarshall start to perfarm the wark an the date the Cantract Time commences to. run. No. work shaH be done at the site priar to the date which the Contact Time commences to run. 2.4 BEFORE STARTING CONSTRUCTION Befare und~rtaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verifY pertinent figures shown thereon and all applicable fi.eld measurements. Cantractar shall promptly report in writing to Engineer any canflict, errar ar discrepancy which Cantractar may discover; and shall obtain a written interpretation or c1arificatian fram Engineer before praceeding with any work effected thereby; hawever, Cant~actar shall nat be liable to. Owner for failure to. repart any conflict, errar or discrepancy in the Drawings or Specificatians, unless Cantractar had actual knawledge thereof ar shauld reasanably have knawn thereaf No. verbal agreement or conversatian with any afficer, agent or emplayeeaf Owner ar Engineer, either before ar after the executian af this Cantract, shall affect ar madify any af the tenns ar abligatians herein cantained.Cantractar shall nat commence any work at any time withaut appraved insurance required by these GeneralCanditians. Failure to. abtain this insurance will be the sale respansibility afthe Contractar. 2.5 PRECONSTRUCTIONCONFERENCE Within twenty daysaf AwardafCantract and befare the start af the Wark, the Engineer may schedule a canference to. be attended by Cantractar, Engineer and athers as appropriate to. establish a warking understanding amang the parties as to. the Wark and to. discuss the schedule of the Wark and general Cantract procedures. 3. CONTRACT DOCUMENTS, INTENT 3.1 INTENT The Cantract Documents comprise the entire Agreement between the Owner and the Cantractorcancerning the Wark. They may be altered only by written agreement. The Cantract Dacuments are camplementary; What is called for by one is as binding as if called far by all. It is the intent af the Cantract Dacuments to describe a functionally complete project (ar part thereot) to becanstructed in accordance with the Cantract Documents. Any Wark, materials or equipment which may reasanably be inferred fram the Cantract Documents or framprevailing custam ar fram trade usage as being required to. produce the intended result will be furnished and perfonned whether or nat specifically called for. When wards ar phrases which have a well-knawn technical or constructian industry or trade meaning are used to describe Wark, materials ar equipment, such wards ar phrases shall be interpreted in accordance with that meaning. Clarificatians and interpretations of the Cantract Documents shall be issued by the Engineer. Reference to. standards,specificatians, manuals ar cades af any technical saciety, arganizatian ar assaciatian, ar to the cade, Laws ar Regulatian af any gavernmental autharity, whether such reference be specific ar by implication, shall mean Section III 5 R.evised 12/00 3. CONTRACT DOCUMENTS, INTENT continued: . the latest standard specification, manual or code, or Laws or Regulations in effect at the time of opening of Bids except as may be otherwise specifically stated in the Contract Documents. However, no provision of any referenced standard specification, manual or code (whether or not specially incorporated by reference in the responsibilities of Owner or Contractor as set forth in the Contract Documents) shall change the duties and responsibilities of Owner, Contractor or Engineer, or any of their agents or employees from those set forth in the Contract Documents. Clarifications and interpretations of the Contract shall be issued by Engineer.Each and every provision onaw and clause required by law to be inserted in these Contract documents shall be deemed to be inserted herein, and they shall be read and enforced as through it were included herein, and if through mistake or otherwise, any such provision is not inserted, or if not correctly inserted, then upon the application of either party, the Contract Documents shall forthwith be physically amended to make such insertion. The various Contract Documents shall be given precedence, in case of conflict, error or discrepancy, as follows in ascending or descending order: Modifications, Contract Agreement, Addenda, Supplementary Conditions, General Conditions, Drawings, Technical Specifications. In a series of Modifications or Addenda the latest will govern. 3.2 REPORTING AND RESOLViNG DISCREPANCIES If, during the performance of . the Work, Contractor discovers any conflict, error, ambiguity or discrepancy within the .. Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the perfonllanceof the Work or of any suthstandard,specification, manual or code or of any instruction of any Supplier, Contractor shall report it to the Engineer in writing at once, and Contractor shall not proceed with the Workatfected thereby (except in an emergency) until an amendment or supplement to Contract Documents has been issued by one of the methods provided in these General Specifications, provided however, that Contractor shall not be liable to Owner or Engineer for failure to report any such conflict, error, ambiguity or discrepancy unless Contractor knew or reasonably should have known thereof. 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDmONS; REFERENCE POINTS 4.1 AVADABlLITY OF LANDS Owner shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be Performed, rights-of-way, easements for access thereto, and such other lands which are designated for the use of contractor. Owner shall identifY anyencuinbrances Or restrictions not of general application but specifically related to use of lands so furnished with which contractor win have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by Owner, unless otherwise provided in the Contract Documents. . Section III 6 Revised .12100 .. . . 4. AVAILABn.1TY OF LANDS; SUBSURFACE AND PHYSICAL CONDmONS; REFERENCE POJNTS continued: 4.2 INVESTIGATIONS AND REPORTS Reference is made to the Supplementary Conditions and Technical Specifications for identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which have been relied upon by Engineer in preparation of the Drawings and Specifications. Such reports are not guaranteed as to accuracy or comph~teness and are not part of the Contract Documents. Contractor shall promptly notifY Engineer in writing of any subsurface 'or latent physical conditions at the site, orin an existing structure, differing materially from those indicated or referred to in the Contract Documents. Engineer will promptly review those conditions and advise if further investigation or tests are necessary. Owner or Engineer shall obtain the necessary additional investigations and tests and furnish copies to the Engineer and Contractor. If Engineer finds that the results of such investigations or tests indicate that there are subsurface or latent physical conditions which differ materially from those indicated in the contract Documents, and which could not reasonably have been anticipated by Contractor, a work change or Change Order will be issued incorporating the necessary revisions. 4.3 PHYSICAL CONDITIONS, UNDERGROUNDFACILlTrES The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and datafumished to Owner or Engineer by the owners of such Underground Facilities or by others. Unless otherwise expressly provided in the Contract Documents, Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and the cost of all the following will be included in the Contract Price and contractor shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of such Underground Facilities during constmction, and (iv) the safety and protection of all such Underground Facilities .and repailing any damage thereto resulting from the Work. The Contractor is required to call the LOCAL PUBLIC UTILITY NOTIFICATION CENTER prior to any excavation per State regulations and to notify any utility owners who are not a member .of the LOCAL PUBLIC UTILITY NOTIFICATION CENTER prior to any excavation. The WeAL PUBLIC UTrLlTI' NOTrFlCA TION CENTER is an agency for the protection and location of utilities prior to any excavation and contact number is available in tocal telephone directory. Section III 7 ReVised 12/00 4.4 REFERENCE POINTS Engineer shall provide engineering surveys to establish reference points for construction which in Engineer's judgement are necessmy to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point is lost or destroyed or requires relocation because of necessmy changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. The <:::ontractor is referred to the Technical Specifications' for more specific information regarding the provision of construction surveys. Excessive stake replacement caused by negligence of Contractor's forces, after initial line and grade have been set, as determined by the Engineer, will be charged to the Contractor at the rate of$75.00 per hour. Time shall be computed for actual time on the project. All time shall be computed in one hour increments with a minimum charge of one hour. 5. BONDS AND INSURANCE 5.1 PERFORMANCE AND PAYMENT BOND/CONTRACT BOND Contractor shall furnish a Performance Bond and Payment Bond, each in an amount .at least equal to the Contract Price as security for the faithful perfomlance and payment of all Contractor's obligations under the Contract Documents. These Bonds shall remain in effect at least one year after the date when final payment becomes due, unless a longer period of time is prescribed by laws and regulations or by the Contract Documents. Contractor shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the fonn prescribed by the Contract Documents and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Govemment Financial Operations, U.s. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of such agents authority to act. All bonds shall be deemed to contain all of the Conditions of Section 255.05, Florida Statutes, even if such language is not directly contained within the bond and the Surety shall be licensed and qualified to do business in the State of Florida. The Owner reserves the right to reject any surety. If the Surety on any Bond furnished by the Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of these Contract Documents, the Contractor shall within five days after notice thereof substitute another Bond and surety, both of which must be acceptable to the Owner. Section I II 8 Revised 12/00 . . . '. 5. INSURANCE continued: . 5.2 INSURANCE Cantractar shall purchase and maintain such liability and ather insurance as is apprapriate far the Wark being perfarmed and furnished and as will provide pratectian fram claims set farth belaw which may arise aut .of .or result ITam Cantractar's perfarmance and furnishing .of the Wark and Cantractar's ather abligatians under the Cantract Dacuments, whether it is ta be perfarmed .or furnished by Cantractar, and Subcantractar .or Supplier,ar by anyane directly .of indirectly emplayed by any .of them ta perfarm .or furnish any .of the Wark, .or by anyane far whase acts any .of them may be liable far the fallawing: (i) Claims under warker's campensatian, disability benefits and ather similar emplayee benefit acts~ (ii) Claims far damages because .of badily injury, accupatianal sickness .or disease, .or death .of Cantract.or's emplayees; (iii) Claims far damages because .of bodily injury, sickness .or disease, .or death .of any persan ather than Cantractar's emplayees~ (iv) Claims far damages insured by custamary personal injury liability coverage which are sustained by.any person as a result .of an .offense directly .or indirectly related ta the emplayment .of such persan by Cantractar, .or by any atherpersan far any ather reasan; (v) Claims far damages, ather than ta the Wark itself, because .of injury ta .or destructian .of tangible praperty wherever lacated, including lass afuse resulting therefram; and (vi) Claims far damages because .of badily injury .or death .of any persan .or praperty damage arising aut .of the .ownership, maintenance .or use .of any matar vehicle. The Cantractar shall deliver t.o Owner, with copies ta each additianal insured identified in the Supplementary C.onditians, certificates .of insurance (and ather evidence .of insurance requested by Owner .or any .other additianal insured) which Cantractar is required ta purchase .and maintain in accardance with this paragraph. The palicies .of insurance s.o required by this paragraph ta be purchased and maintained shall: (i) include as additianal insured (subject ta any custamary exclusian in respect .of prafessianal liability) City .of Clearwater and any ather persans .or entities identified in the Supplementary Canditi.ons, all .of wham shall be listed as additi.onal insured, and include caverage far the respective .officers and emplayees .of all such additianal insures; (ii) include campleted aperatians insurance; (iii) include contractual liability insurance covering Cantractar'sindemnity abligatians in Article far Cantractar's Respansibilities; (iv) cantain a pravisianar endarsement that the coverage affarded will nat be canceled, materially changed Dr renewal refused until at least thirty days priar written natice has been given t.o the Owner, and C.ontractar and ta each ather additianal insured identified in the Supplemental C.onditi.ons t.o wh.om a certificate .of insurance has been issued (and the certificates afinsurance furnished by the Cantractar as described in this paragraph); (v) remain in effect at least until final payment and at all times thereafter when Cantractar may be correcting, rem.oving .or replacing defective W.ork in acc.ordance with Article far Carrectian .of Defective W.ork; vi) with respect t.o campleted .operatians insurance, and any insurance caverage written an a claims-made basis, shall remain in effect far at least twa years after final payment. C.ontractar shall furnish Owner and each ather additianal insured identified in the Supplementary Canditians t.o wham a certificate .of insurance has been issued evidence satisfactory ta Owner and any such additianal insured, .of cantinuatian .of such insurance at final payment and .one year thereafter and (vii) Name and telephane number .of the autharized insurance agent far the Insurer. . The limits .of liability far the insurance required shall provide .caverage far nat less than the fall.owing amaunts .or greater where required by laws and regulations: Section III 9 ~~vised 12/00 . WORKER'S COMPENSATION INSURANCE Contract Award Amount Under $1,000,000. . Contract Award Amount $1,000,000. and Over (1 ) Workers' Compensation (2) Employer's Liability Statutory $500,000. PUBLIC LIABlLJTY AND PROPERTY DAMAGE COVERAGE Statutory $1,000,000. Comprehensive General Liability including Premise/Operations; Explosion, Collapse and Underground Property Damage; Products/Completed Operations, Broad Form Contractual, Independent Contractors; Broad Form Property Damage; and Personal Injury liabilities: Contract Award Amount Under $1,000,000. Contract Award Amount $1,000,000. and Over (1) Bodily Injury: $500,000. Each Occurrence $1,000,000. Annual Aggregate (2) Property Damage: $500,000. Each Occurrence $1,000,000. Annual Aggregate (3) Personal Injury, with employment exclusion deleted. $1,000,000. Annual Aggregate $1,000,POO. Each Occurrence $1,000,000. Annual Aggregate . $1,000,000. Each Occurrence $1,000,000. Annual Aggregate $1,000,000 Annual Aggregate Comprehensive Automobile Liability including all owned (private and others), hired and non-owned vehicles: Contract Award Amount Under $1,000,000. Contract Award Arnount $1,000,000. and Over (1) Bodily Injury $500,000. Each Person $500,000. Each Accident (2) Property Damage $500,000. Each Occurrence Section III 10 $1,000,000. Each Person $1,000,000. Each Accident $1,000,000. Each Occurrence . Revised 12100 .. . . PUBUC LIABll..ITY AND PROPERTY DAMAGE COVERAGE CONTINUED: Receipt and acceptance by the Owner of the Contractors Certificate of Insurance, or other similar document does not constitute acceptance or approval of amounts or types of coverages which may be less than required by these Contract Documents. Owner shall not be responsible for purchasing and maintaining any property insurance to protect the interests of Contractor, Subcontractors or others in the Work. The Owner may at its option require a copy of the Contractors InsurancePolicy(s). All insurance policies required within this Contract Document shall provide full coverage from the first dollar of exposure unless otherwise stipulated. No deductibles will be accepted without prior approval from the Owner. Lon2Shorennd Harbor Worker's Compensation Act: Section 32 of the Act, 33 US.C. 932, requires an employer, with employees in maritime employment, to secure the payment of benefits under the Act either by insuring with an insurance carrier authorized by the U.S. Department of Labor, or to be authorized by the U.S. Department of Labor as a self-insurer. For General Contractors: Section 4(a) of the Act provides that every employer shall be liable for and shall secure the payment to his employees of the compensation payable under Sections 7, 8, and 9 of the Act. In the case of an employer who is a subcontractor, only if such subcontractor fails to secure the payment of compensation shall the contractor be liable for and be required to secure the payment of compensation. 5.3 W AIYER OF RIGHTS Owner and Contractor intend that all policies purchased in accordance with Article on Insurance will protect Owner, Contractor, Subcontractors, Engineer, Engineers Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insured or additional insured in such policies and will provide plimary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment orany loss or damage the insurers will have no rights of recovery against any of the insured or additional insured thereunder, Owner and Contractor waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the work; and, in addition, waive all such rights against Sub- contractors, Engineer, Engineer's Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insured or additional insured under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds ofinsurance otherwise payable under any policy so issued. In addition, Owner waives all rights against Contractor, Subcontractors, Engineer, Engineers Consultant and the officers, directors, employees and agents of any of them for: (i) loss due to business interruption, loss of use or other consequential loss extending beyond direct physical loss or damage to Owners property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by Owner and; (2) loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization, after substantial completion or after final payment. S~ction III 11 ;..evised 12/00 6. CONTRACTORS RESPONSIBILITIES 6.1 SUPERVISION AND SUPERINTENDENCE Contractor shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but Contractor shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. . Contractor shall be responsible to see that the completed work complies accurately with the Contract Documents. Contractor shall keep on the work at an times during its progress a competent resident superintendent, who shall not be replaced without notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the site and shall have authority to act on behalf of Contractor. All communications to the superintendent shall be as binding as if given to Contractor. Contractor shall employ only competent persons to do the work and whenever Engineer shall notifY Contractor, in writing, that any person on the work appears to be incompetent, unfaithfu~ disorderly, or otherwise unsatisfactory, such person shall be removed from the project and shall not again be employed on it except with the written consent of Engineer. Contractor shall reimburse the Owner for additional engineering and inspection costs incurredas. a result of overtime work in excess of the regular working hours ot on the Owner's normally approved holidays. At Owner's option, ovel1ime costs may either be deducted from the Contractor's monthly payment request or deducted from the Contractor's retention prior to release of final payment or the Engineer may elect to receive a monthly check from the Contractor in the amount of the overtime costs. Minimum number of chargeable hours for inspection costs on weekends or holidays shall be four hours. The cost of overtime inspection per hour shall be $40.00 per hour. Contractor shall provide and maintain in a neat and sanitary condition, such sanitary accommodations for the use of Contractor's employees as may be necessary to comply with the requirements of Laws and Regulations .and the Engineer. 6.2 LABOR, MATERJALS AND EQUIPMENT Contractor shall provide competent, suitably qualified personnel to survey, layout and construct the work as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all work at the site shall be performed during regular working hours and Contractor will not permit overtime work or the perfomlance of work on Saturday, Sunday, or any legal holiday without Owner's consent given after prior notice to Engineer. . Section III 12 Revised 12/00 '. . . 6.1 LABOR, MA TERlALS AND EQUIPMENT continued: Unless otherwise specified in the General Requirements, Contractor shall furnish and assume full responsibility for all materials, equipment. labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone. water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. All materials and equipment installed in the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by Engineer, Contractors, shall fumishsatisfactory evidence (including reports of required tests) as to the quality of materials and equipment. The Contractor shall provide suitable and secure storage for all materials to be used in the Work so that their quality shall not be impaired or injured. Materials that are improperly stored may be rejected by the Engineer without testing. All materials and equipment shall be applied, installed, connected. erected, used, cleaned and conditioned in accordance with theinstnlctions of the applicable manufacturer, fabricator, supplier,or distributor, except as otherwise provided in the Contract Documents. 6.3 SUBSTITUTES AND ttOREQUAL" ITEMS Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the nameofa particular Supplier. the specification or description is intended to establish the type, function and quality required. Unless the specification or description contains or is followed by words reading that no like. equivalent or "or equal" item or no substitution is permitted, other items of material or .equipment or material or equipment of other Suppliers may be accepted by Engineer. If in Engineer's sole discretion an item of material or .equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer for approvaL If in the Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or equal" item, it maybe considered as a proposed substitute item. Contractor shall submit sufficient information as required by the Engineer to allow the Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and is an acceptable substitute therefor. Request for review of proposed substitute and "or equal" will be not be accepted by Engineer from anyone other than Contractor. Request for substitute and "or equal" items by Contractor must be submitted in writing to Engineer and will contain all infonnation as Engineer deems necessary to make a determination. All data provided by Contractor in support of any proposed substitute or "or equal" item will be at Contractor's expense. Engineer will be allowed a reasonable time to evaluate each proposal or submittal made per this paragraph. Engineer will be sole judge of acceptability. Section II I 13 ;:';'-vised l2/00 6.4 RESPONSlBLLlTY FOR SUBCONTRACTORS, SUPPLIERS AND OTHERS ~ . Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers and other persons performing or furnishing any ofthe work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contnict Documents shall create for the benefit of any such Subcontractor, Supplier. or other person any contractual relationship between Owner or Engineer and any Subcontractor, Supplier or other person, nor shall it create any obligation on the part of Owner or Engineer to payor to see to the payment of any moneys due any such Subcontractor, Supplier or other person. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers and other persons perfonning or fumishingany of the work under a director indirect contract with Contractor. Contractor shall require all Subcontractors, Suppliers and such other persons performing or furnishing any of the work to communicate with the Engineer through Contractor. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the work among Subcontractors or Suppliers or delineating the work to be perfonned by any specific trade. Owner or Engineer will not undertake to settle any differences between Contractor and his Subcontractors or between Subcontractors. 6.5 USE OF PREMISES - Contractor shall confine construction equipment, the storage of materials and equipment and the operations of works to the site and land areas identified in and permitted by the Contract Documents on other land areas permitted by Laws and Regulations, right~of~ way, permits and easements, .and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the perfomlance of the Work. Should any claim be made by any such owner or occupant because of theperfonnance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceed in or .at law. Contractor shall, to the fullest extent pennitted byLaws and Regulations, indemnify and hold harmless Owner, Engineer, Engineer's Consultant and their officials, directors, employees and agents from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer or any other party indemnified hereunder to the extent caused by or based upon Contractor's perfonnance of the Work. . Section III 14 Revised 12100 . . . 6.S USE OFPREl\lISES CONTINUED: During the progress of the Work, Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work or at intervals established by the Engineer, Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. Contractor shall restore to original condition all property not designated for alteration by the Contract Documents. 6.6 LICENSE AND PATENT FEES, ROYALTIES AND TAXES - Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for useiri the performance of the work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. To the fullest extent pennitted by Laws and Regulations, Contractor shall indemnifY and hold harmless Owner, Engineer, Engineer's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use.in the perfom1ance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Contractor shall pay all sales, consumer, use and other taxes required to be paid by Contractor in accordance with the Laws and Regulations of the State of Florida and other governmental agencies which are applicable during the performance of the work. 6.7 LA WS AND REGULATIONS - Contractor shall give all notices and comply with all Laws and Regulations applicable to furnishing and perfonnance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall he responsible for monitoring Contractor's compliance with any Laws or Regulations. If Contractor performs any work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses and damages caused by or arising out of such work: however, it shall not be Contractor's prim8lY responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations,but this shall not relieve Contractor of Contractor's obligations to Owner to report and resolve discrepancies as described above. Section 111 15 !'\""vised 12/00 6.8 PERMITS- Unless otherwise provided in the Supplementary Conditions, Contractor shall . obtain and pay for all construction penn its and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all govenunental charges and inspection fees necessary for the prosecution of theW ork, which are applicable at the time of opening of Bids. Contractor shall pay all charges of utility owners for connections to the work, and Owner shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Unless otherwise sbltedin the Contract Documents, City of Clenrwater Building Permit and Impact Fees will be wnived. 6.9 . SAFETY AND PROTECTION - Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, .andshall provide the necessary protection to prevent damage, injury or loss to: (i) all persons on the work site or who may be affected by the work, (ii) all the Work and materials and equipment to be incorporated therein, whether in storage on or ofT the site~, and (iii) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. In the event of temporary suspension of the work, or during inclement weather, or whenever Engineer may direct~ Contractor shall, and shall cause Subcontractors, to protect carefully the Work and materials against damage or injury from the weather. If, in the opinion of Engineer, any . portion of Work or materials shall have been damaged or injured by reason of failure on the part of the Contractor or any Subcontractors to so protect the Work, such Work and materials shall be removed and replaced at the expense of Contractor. The Contractor shall initiate and maintain an accident prevention program which shall include, but shall not be limited to the establishment and supervision of programs for the education and training of employees in the recognition, avoidance and prevention of unsafe conditions and acts. Contractor shall provide first aid services and medical care to his employees.. The Contractor shall develop and maintain an effective fire protection and prevention program and good housekeeping practices at the site of contract performance throughout all phases of construction, repair, alteration or demolition. , Contractor shall require appropriate personal protective equipment in all operations where there is exposure to hazardous conditions. The Engineer may order that the work stop if a condition of immediate danger to Owner's employees, equipment or if property damage exists. This provision shall not shift responsibility or risk of loss for injuries of damage sustained from the Contractor to the Owner, and the Contractor shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of Contract perfonnance. The Contractor shall instruct his employees required to handle or use toxic materials or other harmful substances regarding their safe handling and use. The Contractor shall take the necessary precautions to protect pedestrians and motorists from harm, and to prevent disruptions of such traffic due to construction activity. . Section III 16 Revised lUOO .. . . 6.9 SAFETY AND PROTECTION CONTINUED: Contractor shall comply with aU applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property and to protect themrrom damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the work may affect them. and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage. injury or loss to any property caused. directly or indirectly, in whole or part, by Contractor, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable. shall be remedied by Contractor. Contractor's duties and responsibilities for safety and for protection ofthe.Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor that the Work is acceptable. 6.10 EMERGENCIES - In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto. Contractor, with or without special instruction or authorization from Owner or Engineer. is obligated to act to prevent damage, injury or loss.. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If Engineer detennines that a change in the Contract Documents is required because of the .action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. . 6.11 SHOP DRAWINGS AND SAMPLES Contractor shall submit Shop Drawings to Engineer for review and approval as called for in the Technical Specifications or required by the Engineer. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions. specified performance and design criteria, materials and similar data to show Engineer the materials and equipment Contractor proposes to provide and to enable Engineer to review the information. Contractor shall also submit Samples to Engineer for review and approval. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: (i)al1 field measurements, quantities, dimensions, specified performance criteria, instaHation requirements, materials, catalog numbers and similar information with respect thereto, (ii)aH materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and (iii) all information relative to Contractor's sole responsibilities in respect to means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. Contractor shaH also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples with the requirerllents of the Work and the Contract DocumentS. Each submittal will bear a stamp or specific written indication that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal At the time of submission, Contractor shall give Engineer specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and. in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to Engineer for review and approval of each such variation. Section II! 17 f..~vised 12100 6..11 SHOP DRAWINGS AND SAMPLES CONTINUED: . Engineer~ review and approval of Shop Drawings and Samples will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated the Contract Documents. Engineer'sreviewand approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval ofaseparateitem as such will not indicate approval of the assembly in which the item functions. Contractor shall make corrections required by Engineer, and shall return rthe required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. Engineer's review and approval of Shop Drawings or SamplesshaU not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has in writing called Engineer's attention to each such variation at the time of submission and Engineer has given written approval of .each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by the Engineer relieve the Contractor from responsibility for complying with the requirements of paragraph above discussing field measurements by the Contractor. AS-BUll..T DRAWINGS: . The Contractor shall keep and maintain one set of blueprints, As-Built Drawings, in good order and legible condition to be continuously marked-up at the job site. The Contractor shall mark and annotate neatly and clearly all project conditions, locations, configurations and any other changes or deviations which may vary from the details represented on the original Contract Plans, including revisions made necessary by Addenda, Shop Drawings, and Change Orders during the construction process. The Contractor shall record the horizontal and vertical locations, in the plan and profile, orall buried utilities that differ from the locations indicated or which were not indicated on the Contract Plans and buried (or concealed), construction and utility features which are revealed during the construction period. The As-Built Drawings shall be available for inspection by the Engineer at all times during the progress of the Project. The As-Built Drawings shall be reviewed by the City Inspector for accuracy and compliance with the requirements of "As-Built Drawings" prior to submittal of the monthly pay requests. The pay requests shall be rejected if the marked-up blueline prints do not conform to the "As-Built Drawings" requirements. As-Built Drawings shall be submitted to the City Inspector for approval upon completion of the project and prior to acceptance of final pay request. Prior to the placing new potable water mains in service, the Contractor shall provide the Engineer intersection drawings, as specified for the water mains. .' Section III 18 I,,~vised 12/00 .. . . The City's acceptance of the "As-Built Drawings" does not relieve the Contractor of the sole responsibility for the accuracy and completeness of the As-Built Drawings. 1. General: The Contractor shall prepare an as-built survey of all work signed and sealed by a Florida Registered Land Surveyor; an autocad file (per City CAD Standards as follows) will be provided for this purpose. 2. Sanitary and Storm Sewer Piping Systems: The as-built drawings shall conform as follows: (a) Manholes and inlets shall be dimensioned from the face of curb or roadway centerline, and stationed along the baseline. New service connections and replaced service connections shall be dimensioned to the nearest downstream manhole. All manhole and catch basin invert and rim elevations, manhole and catch basin dimensions, pipe sizes. and pipe material shall also be noted on the plan view and also on the profile. (b) Pipe materials and areas of special construction shall be noted. 3. Electrical and Control Wiring: The as-built drawing shall conform as follows: (a) The as-built drawings shall inc1llde all changes to the original Contract Plans. The as-built drawings shall also include the size, color, and number of wires and conduit For projects where this information is too voluminous to be contained on the hlueline prints, the Contractor shall prepare supplemental drawings, on same size sheets as the blueline prints, showing the additional conduit runs, I-line diagrams; ladder diagrams, and other information. The wiring schematic diagrams shall show termination location and wiring identification at each point on the ladder diagram. 4. Other: The as-built drawings shall reflect any differences from the original Contract Plans, in the same level of detail and units of dimensions as the Plans. CAD STANOAROS Layer Naming Prefixes: DI _ prefix denotes digitized or scanned entities EP - prefix denotes existing points- field collected EX - prefix denotes existing entities - line work and symbols PR - prefix denotes proposed entities - line work and symbols FU -prefix denotes future entities (proposed but not part of this contract) - line work and symbols Suffixes: . TX- suffix denotes text - use for all text, no matter the prefix Section II! 19 ;'<;ovi sed 12/ 00 . Laver Namill2 Definitions: GAS - gas lines and appurtenances ELEC - power lines and appurtenances PHONE - telephone lines and appurtenances CABLE-cable t.v. lines and appurtenances BOC -curbs WALK - sidewalk WATER -water lines and appurtenances, sprinklers STORM - storm lines and appurtenances TREES - trees, bushes, planters SANIT ARY- sanitary lines and appurtenances FENCE- all fences BLDG - buildings, sheds, finished floor elevation DRIVE - driveways EOP - edge of pavement without curbs TRAFFIC - signal poles, control boxes TOPBANK - top of bank TOESLOPE- toe of slope TOPBERM - top of berm TOEBERM - toe of berm SEA W ALL- seawall CONCSLAB - concrete slabs WALL- walls, except seawall SHORE - shoreline, water elevation CL - centerline ofroad CLD - centerline of ditch CLS- centerline of swale CORNER - property corners, mOllumentation BENCH - henchmark, temporary benchmarks . Other layers may be created as required, using above format. LnverPro l)el1 ies All layers will use standard Autocad linetypes, bylayer. All layers will use standard Autocad colors, bylayer. All text will use standard Autocad fonts. Text style for EX layers will use the simplex font, obliquing angle of 00, and a text height of .008 times the plot scale. Text style for PR and FU layers will use the simplex font, obliquing angle of22.50,and a text height of .. . .010 times the plot scale. Section III 20 Re"!ised 12/00 . . SYMBOLS FOR EXISTING &: PROPOSED UTILITIES FOR PLAN VIEW Existing & Propse:d LOjers Con Be Loaded Using Co go - Utility - Load LO/er File Existing Teft - StJle L80 -' Color Bytoyer PtOposed Text - Style CfOO - COlor Byt(iyer Existing line'#ork- linetlPeBjloyer - Color 8J~oler Proposed Linework - Linetype- By/oyer - COlor By/oyer [XISTING PROPOSED Size of Pip~ -------.. "r: - -L u---- I10me: of IJ tili Ii ~CTE---- ~AS J.I/A Text Style CIOO ,/ CONS;;; LF 8" SAN. S,W, ~....../~.......~CON...ST.. ..XXL.F.'5" RCP r CONST xx LF 6 II PVC /" Orownos . Double line / Cor'ownos - - 8"5/;,11- Dc.uble Lin~ ~12"-tOP'I- ,12" or Lorq,,:r! - ~ ~ ,,' ~ ----€"W - / ,/ 1e w t st .~ie te.C. lJ Till T'( t'l ,"- SANITARY SEWER STOPM SEWER WATEP .,...- ['O\'" c-u\side 010. of Pipe '" Pices 12":lr Lorger Use C'vut-Ie Lir.e. '~ - =:::.. [orO','l Out.side Dio. of Pipe. /~ Pipes 12" or Larger Use Double line. /. r- 6"", " --,,' -,. 0,\ -- -- T~.t 5t ;le LeO f:r E .ist {......\ (, II \/) e."W .\ \, ) Section I II I / ( \ ::V 6'WQ o 16"1'1 Te.1 St;le ClOO tor Proposed 16"W On Final Pions - All Existing Layers -ColorByloyer (252) All Proposed Lineworl< Layers - Color Byloyer (3) All Proposed Tex\ Loyers - Color 8y1oyer (2) CITY or CLtARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING "EV. DATE D€SCRP1ION IPP. llEDIlAWNBY Tllol 14ECJ([D BY WJS ~ED8Y DRAfTING STANDARDS 21 Revised 12100 :.... " WM DAlE 11 94 INDO NO. 502 1 or 1 .. . Section II I . . EXISTING POINTS EXISTING LINE WORt< COLOR BYLA YER PPOPOSED TElT E/ISTING T[><T PROPOSED lINEWORI< COLOR BYLA'(ER COLOR BYLAYER COLOR B 'flA YER COLOP BYlAYER TEXT STYLE L60 \ SEE BELOW) EPfUTIL NAME) (SEE BELOW) lINETYPE BYLAYEP TEX T ShLE L80 (SEE BELOW I E/(UTlL IJAfl)lEH.~ (SEE BEL0W) lIHETYPE BYLA yER TEfT STYLE C100 (SEE BELOW) E/fUTIL NAME) (SEE BELOW) PPflJTll I~AME) (SEE BEL'J'lJl PP(UTIL "..'.1[111 (SEE BEL':'I(l EPSAIUT ARY EXSMHTAPY ExSANITARYTx PRSAlHTAP ( PPSAlIITAP'fTX EP5TOPM E'ST'JPtA E J ST,:,PIH, PP5FiPM PPST0PtAT ' [PGAS ['GAS E..O;'5T/ PPGAS PPGl.5T, EPWA TEP E. WATEPT' PPWA TEf PP\\':' TEPT. E-'/#. TEf Te..J St~le L60 - Simple. Font - Hei;jM 06 . Drawin';j S.: 'Jle - Width F.J.:t.:.r 1. :' - Obliquing An';Jle O' Te"t Style LaO - Simple' Font - Hei.;}ht 08 , Dr'Jwin':J S.:ol-= - Width F .J.: \.:.r 1..J - Obliquing An':Jle 0' Te,t Style C100 - Simple. Font - H-ei';!lit .10 . [:r;:l\.,ir.:J S.:.JI: - Widtli F'J-:!:.-r 1 v - 0bri.win';! An':Jle 22'3G' tlC.IE: Use onll oulhe.rized fc.nts. shapes. linet)pes. or attributes cont'Jined in standard Autodesl< Peleases Sland.:Jrd Tille Block (TTlBl1l - includes 011 blocks used b! Cit y for Construe tion Plans ( S..", Inde, 503. 2 of 2) The majority of lo~ers used b;l Cit;l ore included in Stand'Jrd Tille Bleclo: (lTLBLl). If any additiun.al layers are needed 5...... e,omple at,u'/e. CITY OF CLEARWATER. FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING . IIEV. DATE IIED/lAWN aT TlM CHECKED 8'1 WJS DESlClIED 8T 10" DRAFTING STANDARDS DESCfllPTION APP. 22 Reviseci 12100 DATE 6/98 .lOn NO. 502 2 OF 2 '. . . DELlVERARLES: The survey plan shall be produced on stable-based mylar material, 24" X 36", at a scale of 1" = 20' unless approved otherwise. Upon request, the consultant shall deliver one (1) original (5) prints, Additionally, the Consultant shaH deliver a 3.5 inch magnetic media computer disk or CD Rom containing all project data in Softdesk @ Version 7.6 or 8.0, format complete with all drawing files and associated project data files or if Softdesk @ is not available, in a standard ASCn file. The file shan be a comma or space delimited'file containing code, point number, northing, easting, elevation and description for each data point. Example below (Space Delimited ASCII File): POINT # 284 NORTHING 1361003.838 EASTING 264286.635 ELEV 25.00 DESC BCV OR COMMA DELIMITED ASCIJ FILE: 284,361003.838,264286.635,25.00, BC\' (PNEZD) A note shall follow the code whenever additional clarification is required to describe the data point. An Autoead Release, 771irteen (J 3) or }fJllrleen (1-1) drawin1(Qr Acad2000 file shall be submitted The drmving file shall include OIlIY(.1II1horizedfoI11S, shapes, lille types or other attributes co11fained in the standard Au/oDesk, IlIc. release. A /I Mock references andxreferences contained within the drml1ing file shall be im:luded on the magnetic media disk. Also, include either a pcp plot file or a pen schedule for plotting of drawings. Please address any questions regarding format to Mr. Tom Mahony, at (727)562-4762 or email address tmahony@clearwater- fl. com . 6.12 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE Contractor warrants and guarantees to Owner, Engineer and Engineer's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. Contractor's warranty and guarantee hereunder includes defects or damage caused by abuse. vandalism, modification or operation by persons other than Contractor. Subcontractors or Suppliers. Until the acceptance of the Work by the Owner, the Work shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to any part thereof by action of the elements, or from any other cause whatsoever, arising from the execution or non-execution of the Work. The Contractor shall rebuild, repair and make good, at his own expense, aU injuries or damages to any portion of the Work occasioned by any cause before its completion and final acceptance by the Owner. In addition, "the Contractor shall remedy any defects in the work at his own expense and pay for any damage to other work resulting therefrom which appear within a period of one year from the date of final acceptance" . Sectic>n ill 23 Revised 12/00 Contractor's warranty and guarantee hereunder excludes improper maintenance and operation by Owner's employees and normal wear and tear under normal usage for any portion of the Work which has been partially accepted by the Owner for operation prior to final acceptance by the Owner. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: (i) observations by Engineer, (Ii) recommendation orany progress or final payment by Engineer, (iii) th~ issuance of a certificate of Substantial Completion or any payment by Owner to contractor under the Contract Documents, (iv) use or occupancy of the Work or any part thereof by Owner, (v) any acceptance by Owner or any failure to do so, (vi) any review and approval of a Shop Drawing or Sample submittal or the issuance ora notice of Acceptance by the Engineer. 6.13 CONTINUING THE WORK - Contractor shall carry on the work and adhere to the progress schedule during all disputes or disagreements with Owner. No work shall be delayed or postponed pending resolution of any disputes or disagreements, except as Owner or Contractor may otherwise agree in writing. 6.14 INDEMNIFICA TJON - Contractor shall indemnify and hold harmless Owner, Engineer, Engineer's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itselt), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of Contractor, any Subcontractor, any Supplier, ally person directly or indirectly employed by any of them to perform or furnish any of the Work, or allyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person. If, through acts of neglect on the part of Contractor, any other Contractor or any Subcontractor shall suffer loss or damage on the work, Contractor shall settle with such other Contractor or Subcontractor by agreement or arbitration if such other Contractor or Subcontractor will so settle. If such other Contractor or Subcontractor shall assert any claim against Owner on such account of any damage alleged to have been sustained, Owner shall notify Contractor, who shall indemnify and save harmless Owner against any such claim. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, or employees by any employee (or the. survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, any person Section m 24 Revised 12100 . . . .. . . directly or indirectly employed by .any of them to perfonn or fumishany of the work, or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any lilllitationon the amount or type of damages, compensation or benefits payable by or for Contractor or any such Sub-contractor, Supplier or other person or organization under workers'compensation acts, disability penefit acts or other employee benefit acts. The indemnification obligations of Contractor under this paragraph shaH not extend to the liability of Engineer and Engineer's Consultants, officers, directors, employees, or agents caused by the professional negligence, errors or omissions of any of them. 7. OTHER WORK 7.1 RELATED WORK AT SITE,. Owner may perform other work related to the Proj.ect at the site by Owner's own forces, or let other direct contracts therefor which shaH contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to Contractor prior to starting any such other work, and (ii) Contractor may make a claim therefor if Contractor believes that such performance will involve additional expense to Contractor or requires additional time and the parties are unable to agree as to the amount or extent thereof Contractor shall .affordeach other contractor who is a. pal1y to such a direct contract and each utility owner (and Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction aQd storage of materials and equipment and the execution of such other work and shall properly connect .and coordinate the work with theirs. Unless otherwise provided in the Contract Documents. Contractor shall do all cutting, fitting and patching of the work that 'may be required to make its several parts come together properly and integrate with such other work. Contractor shaH not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected; The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable. provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. Should the Contractor cause damage to any other contractor on the Proj.ect, the contractor agrees, upon due notice, to settle with such contractor by agreement or arbitration, ifhe will so settle. If such other contractor sues the Owner on account of any damage alleged to have been so sustained. the Owner shall notify the Contractor, who shall defend such proceedings at his own expense. and if any judgment against the Owner arises therefrom the Contractor shall pay or satisfy the judgement and pay all costs incurred by the Owner. If the proper execution or results of any part of Contractor's work depends upon work performed by others under this Article. Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's work except for latent or nonapparent defects and deficiencies in such other work. Section m 25 Revised 12/00 7.2 COORDlNA TION - If Owner contracts with others for the perfonnanceof other work on the . Project at the site, the following will be set forth in the Scope of Work: (i) the person who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; (ii) the specific matters to be covered by such authority and responsibility will beiternized; and (iii) the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions. Owner shall have sole authority and responsibility in respect of such coordination. 8. OWNERS RESPONSIBILITY - Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. Owner shall furnish the data required of Owner under the Contract Documents promptly and shall make payments to Contractor promptly when they are duel as provided in these General Conditions. . Owner is obligated to execute Change Orders as indicated in the Article on Changes In The Work OWner's responsibility in respect of certain inspections, tests, and approvals is set forth in the Article on Tests and Inspections. In connection with Owner's right to stop work or suspend work, see the Article on Engineer may Stop the Work. The Article on Suspension of Work and Temlination deals with Owner's right to tenninate services of Contractor under certain circumstances. . The Owner shall not supervise, direct or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the fumishing or performance of the Work. Owner will not be responsible for Contractor's failure to perform or furnish the Work in accordance with the Contract Documents. 9. ENGINEER'S STATUS DURING CONSTRUCTION 9.1 OWNERS REPRESENTATIVE - Engineer will be Owner's representative during the construction period. The duties and the responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of Owner and Engineer. 9.2 CLARIFICATIONS AND INTERPRETATIONS - Engineer will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the fonn of Drawings or otherwise) as Engineer may determine necessary. which shall be consistent with the intent of and reasonably inferable from Contract Documents. Such written clarifications and interpretations will be binding on Owner and Contractor. If Contractor believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Time and the parties are unable to agree to the amount or extent thereof, if any, Contractor may make . a written claim therefor as provided in the Articles for Change of Work and Change of Contract Time. . Section ill 26 Revi~ 12100 .. i . . ... 9.3 REJECI1NG OF DEFECTIVE WORK - Engineer will have authority to disapprove or reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work whether or not the Work is fabricated, installed or completed. 9.4 SHOP DRAWINGS, CHANGE ORDERS, AND PAYMENTS- In connection with Engineer's authority as to Shop Orawings and Samples, see articles on Shop Drawings and Samples. In connection with Engineer's authority as to Change Orders, see the articles on Changes of Work, Contract Price and Contract Time. In connection with Engineer's authority as to Applications for Payment, see the articles on Payments to Contractor and Completion. . 9.5 DECISIONS ON DISPUTES - 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 relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the work and Claims under the Articles for Changes of Work, Changes of Contract Time and Changes of Contract Price will be referred initially to Engineer in writing with a request fora formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to Engineer and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to Engineer and the other party within sixty days after the start of such occurrence or event unless Engineer allows an additional period of time for the submission of addition~1 or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to Engineer and the claimant within thirty days after receipt of the claimant's lastsubmittaI (unless Engineer allows additional time). Engineer will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. Engineer's written decision .on such claim, dispute or other matter will be final and binding upon Owner and Contractor unless (i) an appeal from Engineer's decision is taken within thirty days of the Engineers decision, or the appeal time which may be stated in a Dispute Resolution Agreement between the Owner and Contractor for the settlement of disputes or (ii) if no such Dispute Resolution Agreement has been entered into, a writtel1 notice of intention to appeal fi'om Engineer's written decision is delivered by Owner or Contractor to the other and to Engineer within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within Sixty days of the date of such decision, unless otherwise agreed in writing by Owner and Contractor. When functioning as interpreter and judge, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by Engineer with respect to any such claim, dispute or other matter will be a condition precedent to any exercise by Owner or Contractor of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant the Article on Dispute Resolution. Section ill 27 Revised 12100 . 9.6 LIMITATIONS ON ENGINEER'S RESPONSIBiLITIES - Neither Engineer's authority or responsibility under this paragraph or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or perfonnance of any authority or responsibility by Engineer shall create, impose or give rise to any duty owed by Engineer to Contractor, any Subcontractor, any Supplier, any other person or organization or to any surety for or employee or agent of any of them. Engineer will not supervise, direct, control or have authority over or be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto,- or for any failure' of Contractor to comply with Laws and Regulations applicable to the furnishing or perfornlance of the work. Engineer will not be responsible for Contractor's failure to perrorm or furnish the work in accordance with the Contract Documents. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the work. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by the Contractor will only be to determine generally that their content complies with the requirements of the Contract Documents and, in the case of certificates of inspections, tests and approvals that the results certified indicate . compliance with the Contract Documents. . The limitations upon authority and responsibility set forth in this paragraph shall also apply to Engineer's Consultants and assistants. 10. CHANGES IN THE \VORK - Without invalidating the Agreement and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or.a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved. which will be perfonned under the applicable conditions of the Contract Documents (except as may otherwise be specifically provided). If Owner and Contractor are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Time that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in these General Conditions. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work perrormed that is not required by the Contract Documents as amended, modified and supplemented as provided in these General Conditions except in the case of an emergency as provided or in the case of uncovering work as provided in article for Uncovering Work. . Section m 28 Revised 12/00 '. . . 10. CHANGES IN THE WORK CONTINUED: Owner and Contractor shall execute appropriate Change Orders or Written Amendments recommended by Engineer covering: changes in the work which are (i) ordered by Owner (ii) required because of acceptance of defective work under the article for Acceptance of Defective Work or correcting defective Work under the article for Owner May Correct Defective Work or (iii) agreed to by the parties; changes in the Contract Price or Contract Time which are agreed to by the parties; and changes in the Contract Price or Contract Time which embody the substance of any written decision rendered by Engineer pursuant to the article for Decisions on Disputes; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shallcany on the Work and adhere to the progress schedule as provided in the article for Continuing the Work. If notice of any change affecting the general scope of the work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given toa surety, the giving of any such notice will be Contractor's responsibility, and the amount of each applicable Bond will be adjusted accordingly. 11. CHANGES IN THE CONTRACT PRICE 11.1 CHANGES IN THE CONTRACT PRICE The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to Contractor for pelfonning the Work. All duties, responsibilities and obligations assigned to or undel1aken by Contractor shall be at Contractor's expense without change in the Contract Price. The Contract Price may only be adjusted by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on a written notice of claim stating the general nature of the claim, to be delivered by the party making the claim to the other party and to Engineer promptly (but in no event later than thil1y days) after the start of the occurrence or event giving rise to thedaim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the claimed adjustment covers all known amounts to which the claimant is entitled as a result of said occurrence or event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: (i) where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (ii) Section m 29 Revised 12/00 11.1 CHANGES IN THE CONTRACT PRICE CONTINUED: where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit), (ill). where the Work is not covered by unit prices contained in the Contract Documents and agreement is reached to establish unit prices for the Work. ll.2 ALLOWANCES AND FINAL CONTRACT PRICE ADJUSTMENT It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and perfornled for such sums as may be acceptable to Owner and Engineer. Contractor agrees that: (i) the allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site,and all applicable taxes; and (ii) Contractor's costs for unloading and handling on the site, tabor, installation costs, overhead, profit .and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances and all the Work actuallyperfomled by the Contractor, and the Contract Price shall be correspondingly adjusted. 11.3 UNIT PRICE WORK Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of unit price work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Detenninations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Owner or Contractor may make .a claim for an adjustment in the Contract Price if: (i) the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Contract Documents; and (ii) there is no corresponding adjustment with respect to any other item of Work; and (iii) if Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to.a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. On unit price contracts, the Owner endeavors to provide adequate unit quantities to satisfactorily complete the construction of the project. It is expected that in the normal course of project construction and completion that not all unit quantities will be used in their entirety and that a finalizing change order which adjusts contract unit quantities to those unit quantities actually used in the construction of the project will result in a net decrease from the original Contract Price. Such reasonable deduction of final Contract Price should he anticipated by the Contractor in his original bid. Section ill 30 Revised 12100 . . . .. . . 12. CBANGESIN THE CONTRACTTfME Tbe Contract Time (or Milestones) may only he changed bya Change Order or a Written Amendment. Any claim for an adjustment of the Contract Time (or Milestones) shall be based on written nptice delivered by the party making the claim to the other party and to Engineer promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Noticeofihe extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless Engineer allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time (or Milestones) shan be deterrriined by Engineer. No claim for an adjustment in the Contract Time (or Milestones) will be valid ifnot submitted in accordance with the requirements of this paragraph. AU time limits stated in the Contract Documents are of the essence of the Agreement. Where Contractor is prevented from completing any part of the work within the Contract Time (or Milestones) due to delay beyond the control of Contractor, the Contract Time (or Milestones) may be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in the article for Changes in the Work. Delays beyond the control of Contractor shall include, but not he limited to, acts by Owner, acts of utility owners or other contractors performing other workascontempl.ated by the article for Other Work, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control ofa Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. Where Contractor is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control ofboth Owner and Contractor, an extension of the Contract Time (or Milestones) in an amount equal to the time lost due to such delay shall be Contractor's sole and exclusive remedy for such delay. In no event shall Owner be liable to Contractor, any Subcontractor. any Supplier, any other person, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of Contractor, or (ii) delays beyond the control of both parties including but not limited to fires, floods, .epidemics, abnormal weather conditions,acts.of God or acts by utility owners or other contractors pelfonning other work as contemplated by paragraph for Other Work. Section ill 31 Revjsed 12/00 13. TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK- . 13.1 TESTS ANO INSPECTION ~ Contractor shall give Engineer timely notice of readiness of the Work for all required inspections. tests or approvals. and shall cooperate with inspection .and testing personnel to facilitate required inspections or tests. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents or perform these testing services with the Owner's anellor Engineer's staff except for inspections, tests or approvals as otherwise provided in the Contract Documents. The costs for these inspections. tests or approvals shall be borne by the Owner except as otherwise provided in the Contract Documents. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body including all City Building Departments and City Utility Departments, Contractor shall assume full responsibility for arranging .and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish. Engineer the required certificates of inspection or approval. Unless otherwise stated in the Contract Documents, City permit and impact fees will be waived. Contractor shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or .. approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation of the Work. If any Work (or the work of others) that is to be inspected tested or approved is covered by Contractor without written concurrence of Engineer. it must, if requested by Engineer, be uncovered for observation. Uncovering Work as provided in this paragraph shall be at Contract's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.2 UNCOVERING THE WORK- If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer. be uncovered for Engineer's observation and replaced at Contractor's expense. . Section m 32 Revised 12100 .. . . 13.2 UNCOVERING THE WORK CONTINUED: If Engineer considers it necessary or advisable that covered Work he observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall unCOver, expose or otheJWise make available 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 fOllOd that such Work is defective, Contractor shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation. inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price for the costs of the investigation, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in the article for Change in Contract Price. If. however. such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time (or Milestones),orboth, directly attributable to such uncovering, exposure. observation. inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, Contractor may make a claim therefor as provided the article for Change in Contract Price and Change of Contract Time. 13.3 ENGINEER MAY STOP THE WORK - If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment. or fails to fltOlishor perform the Work in such a way that the completed Work will conforn1 to the Contract Documents, Engineer may order Contractor to stop the Work, or any portion thereof, until the calise for such order has been eliminated; however, this right of Engineer to stop the Work shall not give rise to any duty on the part of Engineer or Owner to exercise this right for the benefit of Contractor or any surety or other party. If the Engineer stops Work under this paragraph. Contractor shall be entitled to no ext~nsion of Contract Time or increase in Contract Price. 13.4 CORRECTION OR REMOVAL OF DEFECTIVE WORK - If required by Engineer, Contractor shall promptly, as directed. either correct aU defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by Engineer. remove it from the site and replace it with Work that is not defective. Contractor shall pay all claims. costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work orothers). 13.5 W ARRANTY/CORRECTION PERIOD - If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable specialb'llarantee required by the Contract Documents or by any specific provision of the Contract Documents. any Work is found to be defective. Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions; {i)con'ect such defective Work, or, if it has been rejected by Owner, remove it fi"om the site and replace it with Work that is not defective and (ii) satisfactorily correct or remove and replace any damage to other Work or the work at others resulting therefrom. If Contractor does not promptly comply with the temlS of such instructions, or In an emergency where delay would cause serious risk of loss or damage. Owner may have the defective Work corrected or the rejected. Work removed and replaced. and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair orrepJacement of work of others) will be paid by Contractor. Section ill 33 Revised t2/.o.o 13.5 WARRANTY/CORRECTION PERIOD CONTINUED: . In special circumstances where a particular item of equipment is placed in continuous service before Final Completion of all the Work, the correction period for that item may start to run from an earlier date ifspecifically and expressly so provided in the Specifications or by Written Amendment. Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. 13.6 ACCEPTANCE OF DEFECTIVE WORK - If: instead Of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses and damages attributable to Owner's evaluation of and detennination to accept sllch defective Work (such costs to be approved by Engineer as to reasonableness). If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof: Owner may make a claim therefor as provided in .article for Change of Contract Price. If the acceptance occurs after the Engineer's recommendation for final payment an appropriate amount will be paid by Contractor to Owner. . 13. 7 OWNER MAY CORRECT DEFECTIVE \VORK - If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with the article for Correction and Removal of Defective Work or if Contractor fails to pelfonn the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days' written notice to Contractor, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph Owner shall proceed expeditiously. In connection with such corrective and remedial action, Owner may exclude Contractor from all or part of the site, take possession of all or part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the site, and incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's Consultants access to the site to enable Owner to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by Owner in exercising such rights and remedies will be charged against Contractor and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Wcux; and Owner shall be entitled to an appropriate decrease in the . Section m 34 Revised 12/00 . . .' 13. 7 OWNER MAY CORRECT DEFECTIVE WORK CONTINUED: Contract Price, and, if the parties are unable to agree as to the amount thereof, Owner may make a claim ther~for as provided in the articlefor Change of Contract Price. Such claims, costs, losses and damages will include but not be limited to aU costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time (or Milestones) because of any delay in the performance of the Work .attributable to the exercise by Owner of Owner's rights and remedies hereunder. 14. PAYMENTS TO CONTRACTOR AND COMPLETION Progress payments on account of Unit Price Work will be based .on the number of units completed. 14.1 APPLICATION FOR PROGRESSPA YMENT - ContractorshalI submit (not more often than once a month) to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the 25th of each month and accompanied by such supporting documentation as is required by the Engineer and the Contract Documents. Unless otherwise stated in the Contract Documents, payment will not be made for matel;alsand equipment not incorporated in the Work. Payment will only be made for that portion of the Work which is fully installed including all materials, labor and equipment. A retainage of not less than five (5%) of the amount of each Application for Payment for the total ofalI Work completed to date will be held until final completion and acceptance of the Work covered in the Contract Documents. No progress Rayment shalI be construed to be acceptance of any portion of the Work under contract. In addition to all other payment provisions set out in this contract, the Engineer may require the Contractor to produce for the Owner, within fifteen days of the approval of any progress payment, evidence and/orpayment affidavit that .all subcontractors and suppliers have been paid any sum or sums then due. A failure on the part of the contractor to provide the report as required herein shall result in further progress or partial payments being withheld until the report is provided. 14..2 CONTRACTOR'S WARRANTY OF TITLE Contractor warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, wilI pass to Owner no later than the time of payment, free and clear of liens. No materials or supplies for the Work shalI be purchased by Contractor or Subcontractor subject to any chattel mortgage or under a conditional sale contact or other agreement by which an interest is retained by the selIer. Contractor warrants that he has good title to all materials and supplies used by him in the Work, free from all liens, claims or encumbrances. Contractor shall indemnifY and save Owner harmless from all claims growing out or the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen, and furnisher's of machinery and parts thereof. equipment, power.. tools, and all supplies incurred in the furtherance of the performance of this COl1tract. Contractor shall at Owners request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged, or waived. If Contractor fails to do so, then Owner may, after having served written notice on said Contractor either pay unpaid bills, of which Owner has written notice, or Section m 35 Revised 12/00 14.2 CONTRACTOR'S 'WARRANTY OF TITLE CONTINUED: . withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satist'actoryevidence is furnished that all liabilities have been fully discharged, whereupon payment to Contractor shall be resumed in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon Owner to the Contractor or the Surety. In paying any unpaid bills of the Contractor, Owner shall be deemed the agent of Contractor and any payment so made by Owner shall be considered as payment made under the Contract by Owner to Contractor. and Owner shall not be liable to Contractor for any such payment made in goodtaith. 14.3 REVIEW OF APPLlCA TIONSFOR PROGRESS PAYMENTS Engineer will within twenty days after receipt of each Application for payment, either indicate a recommendation of payment and present Application to Owner. or return the Application to Contractor indicating Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Appli.cation. Engineer may refuse to recommend the whole or any part of any payment to the Owner. Engineer may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or test, nullifY any such payment previously recommended, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: (i) the Work is detective. or completed Work has been damaged requiring correction or replacement. (ii) the Contract Price has been reduced by amendment or Change Order, (iii) Owner has . . been required to correct defective Work or complete Work, or (iv) Engineer has actual knowledge of the occurrence of any of the events enumerated in the article on Suspension of Work and Tennination. Ownermay refuse to make payment of the full amount recommended by the Engineer because: (i) claims have been made against Owner on account of Contractor's performance or furnishing of the Work, (ii) Liens have been filed in connection with the Work, except where Contractor has delivered a specific Bond satisfactory to Owner to secure the satisfaction .and discharge of such Liens, (iii) there are other items entitling Owner to a set-oft'against the amount recommended, or (iv) Owner has actual knowledge of any of the events described in this paragraph. The Owner shall give Contractor immediate notice of refusal to pay with .acopy to the Engineer, stating the reasons for such actions, and the Owner shall promptly pay Contractor the amount so withheld. or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owners satisfaction the reasons for such action. 14.4 PARTlAL UTILlZATION- Use by Owner at Owner's option of any substantially completed part of the Work which (i) has specifically been identified in the Contract Documents, or (ii) Owner, Engineer and Contractor agree constitutes a separately functioning and usable pan of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's perfonnance of the remainder of the Work, may be accomplished prior to Final Completion of all the Work subject to the followihg: . Section ill 36 Revised 12100 .. 14APARTlAL UTILIZATION CONTINUED: Owner at any time may request Contractor in writing to permit Owner to use any such part ofthe Work which Owner believes to be ready for its intended use and substantially complete. If Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. Contractor at any time may notify Owner and Engineerin writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to detennine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of the articles for Substantial Completion and Partial Utilization will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. . . 14.5 FINAL lNSPECTION - Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will make a final inspection with Owner and Contractor and will notifY Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14. 6 FINAL APPLICATION FOR PAYMENT - After Contractar has completed aU such corrections to the satisfaction of Engineer and has delivered in accordance with the Contract Documents aU maintenance and operating instructians, schedules, guarantees, Bands, certificates ar other evidence of insurance required by the paragraph far Bonds and Insurance. certificates af inspection, marked-up record documents as may be required in the Contract Dacuments and other documents, Contractor may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except .as previously delivered) by: (I) all documentation called for in the Contract Documents, including but nat limited to the evidence af insurance required by paragraph for Bonds and Insurance, (ii) consent of the stirety, ifany orifnecessary, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to Owner) of all Liens arising out of or filed in connectian with the Work. In lieu of such releases ar waivers af Liens and as appraved by Owner, Contractor may furnish receipts or releases in full and an affidavit af Contractor that: (i) the releases and receipts include all labar, services, material and equipment for which a Lien could be filed, and (ii) all payralls, material and equipment bills and other indebtedness connected with the Work far which Owner ar Owner's property might in any way be responsible have been paid ar atherwise satisfied. Ifany Subcantractoror Supplier fails to fumish such a release or receipt in full, Contractar may furnish a Bond or other collateral satisfactory ta Owner to indemnify Owner against any Lien. Prior to applicatian far final payment, Contractor shall c1ealland remove from the premises all surplus and discarded materials, rubbish, and temparalY stnlctures,and shaIl restore in an acceptable manner all property, both public and private, which has been damaged during the prosecutian of the Work, and shall leave the Work in a neat and presentable condition. Section m 37 Revised 12/00 14. 7 FINAL PAYMENT AND ACCEPTANCE - If through no fault of Contractor, final completion of the Work is significantly delayed and if Engineer so confirms, Owner shall, upon receipt of Contractor's tinal Application for payment and recommendation of Engineer, and without tenninating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph for Bonds and Insurance, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that such payment shall not constitute a waiver of claims. . If on the basis of Engineer's observation of 'the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation, all as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will indicate in writing his recommendation of payment and present the Application to Owner for payment. Thereupon Engineer will give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of this article. Otherwise, Engineer will return the Application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application. If the Application and accompanying documentation are appropriate as to form and substance, Owner shall, within sixty-five days after receipt thereof pay contractor the amount recommended by Engineer. . 14.8 WAIVER OF CLAIMS - The making and acceptance offinal paymect will constitute: a waiver of all claims by Owner against Contractor, except claims arising from unsettled Liens, from defective Work appearing after final inspection, fi'ol11 failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and a waiver of all claims by Contractor against Owner other than those previously made in writing and still unsettled. 15. SUSPENSION OF \VORK AND TERMINATION 15.1 OWNER MAY SUSPEND THE\VORK - At any time and without cause, Engineer may suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to Contractor which will tix the date on which Work will be resumed. ContractorshaIl resume the Work on the date so fixed. Contractor shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes an approved claim therefor as provided in the articles for Change of Contract Price and Change of Contract Time. . Sec:tion m 38 Revisecl12l00 '. . . 15. SUSPENSION OF WORK AND TERMINATION CONTINUED: 15.2 OWNER MAY TERMINATE ~ Upon the occurtenceofany one or more of the following events; if Contractor persistently fails to perform the work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule as adjusted from time to time)~ if Contractor disregards Laws and Regulations of any public body having jurisdiction; if Contractor disregards the authority of Engineer; if Contractor otherwise violates in any substantial way any provISions of the Contract Documents; or if the Work to be done under .this Contract is abandoned, or if this Contract or any part thereof is sublet, without the previous written consent of Owner, or if the Contract or any claim thereunder is assigned by Contractor otherwise than .as herein specified, or at any time Engineer certifies in writing to Owner that the rate of progress of the Work or any part thereof is unsatisfactory or that the work or any part thereof is unnecessarily or unreasonably delayed. Owner may, after giving Contractor (and the surety, if any), seven days' written notice and,. to the extent permitted by Laws and Regulations, terminate the services of Contractor,exclude Contractor from the site .and take possession of the Work and of all Contractor's tooJs, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by Owner arising out of or resulting from completing the Work such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and when so approved by Engineer incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph Owner shall not be required to obtain the lowest price for the Work pelf0n11ed. Where Contractors services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. Section m 39 Revised 12/00 15. SUSPENSION OF \VORK AND TERMINATION: . 15.2 OWNER MA Y TERM INA TE CONTIN U ED: Upon seven days' written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, elect to terminate the Agreement. In such case, Contractor shall be paid (without duplication of any items): for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; for expenses sustained prior to theetlective date of termination in performing services and furnishing labor, materials or equiplllentas required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; for aU claims, costs, losses and damages incurred in settlement of terminated c;ontracts with Subcontractors, Suppliers and others; and for reasonable expenses directly attributable to termination. Contractor shall not be paid on accollnt of loss of anticipated profits or revenue or other economic loss . arising out of or resulting from such tennination. 15. 3 CONTRACTOR MAY STOP WORK OR TERMINA TE- if: through, no act or fault of Contractor, the Work is suspended fora period of more than ninety days by Owner or under an order of court or other public authority, or Engineer fails to act on any Application for Payment within sixtY days after it is submitted or Owner fails for sixty days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days' written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Agreement and recover from Owner payment on the same terms as provided in the article for Owner May Terminate. However, if the Work is suspended under an order of court through no fault of the Owner, the Contractor shall not be entitled to payment except as the Court may direct. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within thirty days after it is submitted, or Owner has failed for thirty days to pay Contractor any sum finally determined to be due, Contractor may upon seven day's written notice to Owner and Engineer stop the Work until payment of all such amounts due Contractor. The provisions of this article are not intended to prelude Contractor from making claim under paragraphs for Change of Contract Price or Change of Contract Time or otherwise for expenses or damage directly attributable to Contractor's stopping Work as permitted by this article. . Section m 40 Revised 12/00 .. 16. DISPUTE RESOLUTION If and to the extent that Owner and Contractor have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure will proceed. If no such agreement on the method and procedure for resolving such disputes has been reached, subject to the provisions of the article for Decisions on Disputes, OWner and Contractor may exercise such rights or remedies as either may otherwise have under the Contract Documents orhy Laws or Regulations in respect of any dispute provided, however, that not thing herein shall require a dispute to be submitUfd to binding arbitration. 17. MISCELLANEOUS 17.1 SUBMITTAL AND DOCUMENT FORMS The form of all submittals, notices, change orders and other documents permitted or required to be used or transmitted under the Contract Documents shall be determined by the Engineer subject to the approval of the OWner. 17.1GIVlNG NOTICE -Whenever any provision of the Contract Documents requires the giving of written notice, notice will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. . 17.3 NOTICE OF CLAIM - Should Owner or Contractor suffer injury or damage to person or property because of any error, omission or any act of the other party or of any of the other party's officers, employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observa,nce of such injury or damage. The provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.4 PROFESSIONAL FEES AND COURT COSTS INCLUDED - Whenever reference is made to "claims, costs, losses and damages," the phrase shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or other dispute resolution costs. 17.S ASSIGNMENT OF CONTRACf - The Contractor shall not assign this contract or any part thereof or any rights thereunder without the approval of the Owner, nor without the consent of surety unless the surety has waived its rights to notice of assignment. .' 17.6 RENEWAL OPTION- Annual Contracts issued through Public Works Administration may be renewed for up to two (2) years, upon mutual consent of both the City and the ContractorNendor. AU terms, conditions and unit prices shal1remain constant unless otherwise specified in the contract specifications or in the Invitation to bid. Renewals shall be made at the sole discretion of the City, and must be agreed to in writing by both parties. All renewals are contingent upon the avaiIability offunds, and the satisfactory performance of the Contractor as detennined by Public Works Administration. Section m 41 Revised 05/0 1 . SECTION IV - 1. SCOPE OF WORK: 2003 TENNIS COURT RESURFACING (02-0077-PR) The work contemplated in this contract is the patching and resurfacing of nine (9) tennis courts, and the installation of new net posts and nets. Three tennis courts are located at Cle,rwat~r ~eaeb. Reer~,tio~al Complex ~ 69 Ray Esplanade and two (2) tennis courts each are located at Ray Park on Sand Key - 1551 Q'J1f B~g1~v~rd, ~9r~stRu~ ~ar" - 34S(l11~nd~~r~. Orlveand R,. Wrig"'tPar~ - ~ J26 ~~lIt"Mflrtjn I ,11th er King .Junior lloulevard, all being located in the City of Clearwater, Florida. The tennis courts will he closed during hoth the resurfacing, curing periods, and for the installation of the new net posts and nets. The Contractor will be responsible for closure of courts with the Contractor's locks. At the time of acceptance of each set of courts by the City, the Contractor shall remove his locks only after the City has placed City locks on the gates, to allow for a continued curing period if necessary. The contractor shall note that two (2) courses of acrylic resurfacer and three (3) acrylic color courses shall be applied at .all tennis facilities addressed in this contract. The contractor shall grind and fill all voids caused hy the existing light stanchion hases. . The Contractor's attention is called to the requirement in the following specifications for approval of patching and resurfacing materials prior to the start of construction. A. The Contractor shall pressure clean all court surfaces to remove all mildew prior to resurfacing. B. The Contractor shall mechanically grind and fill all cracks 1/8" or wider, existing light pole stanchions and all aggregate spalting (no matter how small) with an approved acrylic crack filler, by hand. C. The surfaces to he coated must be sound, smooth, and free from loose dirt or oily materials. Prior to the application of surfacing materials, each surface should he checked for minor depressions or irregularities by flooding the entire court with water (City of Clearwater Construction Inspector shall be present). After the courts have been flooded, any depressions covering a nickel shall be corrected with an approved court patch binder. After patching, the surface shall not vary more than 118" in ten feet measured in any direction. . -1 - SCOPE OF WORK CONTINUED: D. COATING SYSTEM - In order to provide a smooth, dense underlayment for the color courses, two (2) courses of an approved acrylic resurfacer shall be applied to the underlying surface. No application shall be covered by a succeeding application until thoroughly cured. The Contractor shall note that the following coating systems shall be utilized: . . Approved acrylic color courses shall be applied on the clean dry underlying surface in a minimum of three (3)applications. No application shall be covered by a succeeding application until thoroughly cured. The finished surface shall have a .unifonnappearanceand be free from ridges and tool marks. The Contractor shall note that a single color course application shall extend under and beyond the perimeter court fencing. The Contractor shall take care in keeping the perimeter fence free of acrylic color. . The color of application shall be dark green for the regulation playing area and light green for all other areas. Color shades will be determined by the City Engineer .at the pre-construction meeting. . The texture of the cured color coat is to be regulated in accordance with manufacturer's recommendations to provide a slow speed surface for tennis play. . Contractor shall remove existing net posts and repair any damage to court surface .. caused by post removal prior to installation of new net posts. New net post shall be Heavy Duty, USTA Approved, similar to the existing net posts. Net posts must be approved by the City Engineer prior to net post installation. . Upon curing of flnalcolorcourse application (48 hours minimum or manufacturer's recommendation), 2-inchwide playing lines shall be accurately located, marked, and painted with an approved line paint as specified by U$. Tennis Association. E. PERIODS OF WEATHER CAUSED DELAY - No parts of this resurfacing contract shall be conducted during rainfall, or when rainfall is imminent. The air temperature must be at least 50 degreesF and rising. Manufacturer's requirements may require a higher temperature. F. MATERlALMANUFACTURE'S RECOMMENDATIONS - The Contractor shall note that in all instances the manufacturer's instructionssha11 be followed unless otherwise specified. G. FINAL RESTORATION. The Contractor is responsible for the restoration of all park property involved in the construction activities. - la- . . SCOPE OF WORK CONTINUED: H. NET POST REMOVAUINSTALLATION - Contractor shall remove existing net posts and any damage to tennis court surface shall be repaired prior to installation of new net posts. New net post shall be Heavy Duty, UST A Approved, similar to the existing net posts. Net posts shall be approved by the City Engineer prior to net post installation. I. COLOR COAT OUTSIDE OF FENCE LINE - Any area of court between fence and existing grass or sidewalk perimeter is to be color coated along with final color coat. J.. Project SIGN(S) - Contractors attention is called to the proposal items for project signs and Article 50 of the Technical Specifications for project sign(s). One project sign must be present at the work site. K. ADDITIONAL INFORMATION/QUESTIONS - For additional information please contact Stephen Doherty, Project Engineer @ 562-4773. L . SAFETY - The Contractor is to take any and every step necessary to protect the work, the workers and the public from harm during the progress of the work. M. .' N. o. Q. . BUILDERS RISK - The City does not asswne any builders risk for the Contractor's work. The Contractor is responsible for the work product until final acceptance of the work. PREBID SITE INSPECTION - The Contractor is required to inspect the project site prior to submission of contract bid. OVERTIME CONSTRUCTIONINSPECTION- The Engineering Division does not have sufficient funding to allow for overtime construction inspection. The Contractor is encouraged to perform all work that may require immediate inspection during normal working hours. Should overtime inspection be required, then a charge of $40.00Ihour will be made for inspection time. The Contractor may perform work that does not require immediate inspection at his discretion. P. DIRECTION TO CONTRACTOR - The Contractor is cautioned to only take project direction from the Engineering Division project representatives unless specifically instructed in writing otherwise. This is particularly important where the Contractor may expect an increase in contract price. The Contractor is to only proceed with work that will increase the contract price with written direction from the City. PROTECTION OF ADJACENT PROPERTY - If adjacent property is afIectedor endangered by any work done under this contract, it shall be the responsibility of the Contractor to take whatever steps are necessary to protect the adjacent property and notify the Project Engineer. -lb - SCOPE OF WORK CONTINUED: R. . SITE MAlNTENANCE - The Contractor shall at all times keep the premises free of accumulated wasted materials, rubbish or other debris caused by his work. S . PROGRESS MEETINGS - If necessary, progress meetings will be scheduled with the Contractor to discuss the progress of the work .andother related matters. T. The Contractor will work with the Parks & Recreation Dept. Representative, Glenn Perry @ 462-6197 to determine where the staging area is to be located. Contractor will fully restore staging area. . - lc- . . . The limits of liability for the insurance required shall provide coverage for not less than the following amounts or greater where required by laws and regulations: ~ld- WORKER'S COMPENSATION INSURANCE (1) Worker's Compensation (2) Employer's Liability Contract Award Amount under $1,000,000. Contract Award Amount $1,000,000. and Over . Statutory $500,000. PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE Statutory $1,000,000, Comprehensive General Liability including Premise/Operations; Explosion, Collapse and Underground Property Damage; Products/Completed Operations, Broad Form Contractual, Jndependent Contractors; Broad Form Property Damage' and Personal Injury liabilities: (1) Bodily Injury: (2) PropertyDamage: (3) Personal Injury, with employment exclusion deleted: Comprehensive Automobile Liability including all owned (private and others), hired and non-owned vehicles: (1) Bodilylnjury: (2) Property Damage: Contract Award Amount under $1,000,000. $500,000. Each Occurrence $1,000,000. Annual Aggregate $500,000. $1,000,000. Annual Aggregate $1,000,000. Annual Aggregate Contract Award Amount under $1,000,000. Contract Award Amount $1,000,000, and Over $1,000,000. Each Occurrence $1,000,000. Annual Aggregate $1,000,000. $1,000,000. Annual Aggregate . $1,000,000. Annual Aggregate Contract Award Amount $1,000,000. and Over $500,000, Each Person $500,000. Each Accident $500,000. Each Occurrence - le- $1,000,000. Each Person $1,000,000. Each Accident $1,000,000. Each Occurrence . . PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE CONTINUED: Receipt and acceptance by the owner of the contractor' s certificate Of Insurance or other similar document does not constitute acceptance or approval of amounts or types of coverages which may be less than required by these Contract Documents. Owner shall not be responsible for purchasing and maintaining any property insurance to protect the interests of Contractor, Subcontractors or others in the Work. The Owner may at its option require a copy of the Contractor's Insurance Policy(s). All insurance policies required within this Contract Document shall provide full coverage from the first dollar of exposure unless otherwise stipulated. No deductibles will be accepted without prior approval from the Owner. . . . If. PROJECT: Z001 TRNNTS cOlmr Q~SlrnF 4c;TNGc;ONTRAc;T(fl~-0077-PR) ARTICLE 40. - AWARD OF CONTRACT, WORK SCHEDULE AND GUARANTEE: It will be required that the work will commence not later than five (5) calendar days after the Engineer gives written notice to proceed, which notice shall be given as outlined in Article 14 - General Conditions. It is further required that all work within this contract be completed within lifLconsecutive calendar days. Contract date to commence at issuance of notice to proceed. If the Contractor fails to complete the work within the stipulated time, the City will retain the amount stated in the Contract, per calendar day, for each day that the contract remains incomplete. The work shall be discontinued on Saturdays, Sundays, and approved Holidays. If it becomes necessary for the Contractor to perform work on Saturdays, Sundays, and approved City of Clearwater Employee Holidays, that in the opinion of the Engineer, will require the presence of Inspectors, the Contractor shall pay the City of Clearwater, Florida, the amount of Three Hundred and Twenty Dollars ($1'0 00) per eight-hour day for each Inspector given such assignment. The Contractor shall remedy any defects in the work at his own expense and pay for any damage to other work resulting therefrom which appear within a period of one year from the date of final acceptance. ~ 81.. '. . . . . . PROJECT: 1001 Tell~i~ ~qIJrtRe~urfadng Cnntraet W1-0077-'P"R) SECTION I - 1. SCOPE OF WORK (continued) The following Articles of the Technical Specifications will apply to tbiscontract if marked "X" as shown below: ART. #1 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. X X (a.) x X X X ARTICLE DESCRIPTION Scope of Work Construction Staking - a. Line, Grade &As-Builts by Contractor b. Line, Grade & As-Bunts by City Definition of Terms Order and Location of Work Excavation of Underground Work Concrete Excavation and Forms for Concrete Works Reinforcement for Concrete Obstructions Restoration or Replacement of Curbs, Driveways, Sidewalks, and Pavement Work in Easements & Parkways Dewatering Sanitary.~ Manholes Backfill Street Crossing Raising or Lowering of Sanitary Sewers, Storm Drainage Structures Unsuitable Material Removal Underdrains Storm Sewers Sanitary Sewers & Force Mains Drainage Roadway Base & Subgrade Asphaltic Concrete Materials Asphaltic Material (Adjust Bid Price) General Planting Specifications a.LANDSCAPING b. LIGHTING c. IRRIGATION d. PUMP & WELL HOPE Deformed/Reformed Pipe Lining Plant Mix Driveways Reporting of Tonnage of Recycled Materials Concrete Curbs Concrete sidewalks Sodding Seeding Storm Manholes, Inlets, Catch Basins, or other Storm Structures -2- 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 43a. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. x X X X X X N/A Material Used Conflict Between Plans and Specifications Street Signs AudioNideo Taping of Construction Work Areas Erosion and Siltation Control Utility Tie-In Location Marking Award of Contract,W ork Schedule and Guarantee Water Specifications Gas Specifications Tennis Courts Clay Tennis Courts Work Zone Traffic Control Certified Work Zone Supervisor Cured-In-Place Pipe Lining Polyethylene Slip lining Polyvinyl Chloride Ribbed Pipe Gunite Specifications Sanitary and Storm Manhole Liner Restoration Project Information Sign In Line Skate Surfacing System Residents Notification Gabionsand Mattresses Lawn Maintenance Specifications Milling Operations Clearing & Grubbing RipRap Treatment Plant Safety Traffic Signal Equipment and Materials Signing and Marking Roadway Lighting Root Pruning TIME.: - 2a- . a. Not Required b. Contractor X . a. City b. Contractor 60 DAYS . .. 2. LINE, GRADE AND RECORD DRAWINGS: A. Line and grade shall be performed by the Contractor. .Bench marks to be used shall be those as shown on the plans. Control points (for alignment only) shall be established by the Engineer. Contractor shall submit cut sheets for all underground work 24 hours in advance of commencement of the work for checking. Checking of cut-sheets does not relieve the Contractor of any responsibilities for anyenorsor conflicts whatsoever. Cut sheets shall be submitted in triplicate. The Contractor shall provide three complete sets of Record construction drawings prior to final payment being made. B. Line and grade shall be performed by the City. At the completion of all work the contractor shall be responsible to have furnished to the project inspector a replacement of the wooden lath and stakes used in the construction of this project. Excessive stake replacement caused by negligence of Contractor's forces, after initial line and grade have been set, as determined by the City Engineer, will be charged to the Contractor at the rate of $100.00 per hour. Time shall be computed for actual time on the project. All time shall be computed in one hour increments. Minimum charge is SI00.00. The City will generate the projectRecord construction drawings. . . Se.C:t1on ,IV 3 3. DEFINITION OF TERMS: For the purpose of these TechnicalSpecifications the following definition of terms shall apply: CITY: ENGINEER: CONTRACTOR: INSPECTOR: F.D.O.T. SPECIFICATIONS: A.A.S.H.T.O. A.W.S.: A.S.T.M.: A.S.A.: A.N.S.I. A.W.W.A. O.S.H.A. A.C.I. Sec~ipn IV City of Clearwater, Pine lIas County, FL. The City Engineer of the City of Clearwater, PinelIas County, Florida, or his authorized representative. The person, firm or corporation with whom this contract or agreement has been made by the City of Clearwater or its duly authorized representative.' An authorized representative of the City Engineer of Clearwater, assigned to make official inspections of the material furnished and the workperfornted by the Contractor. The Standard Specifications for Road and Bridge Construction as issued by the Florida Department of Transportation (latest English edition). American Association of State Highway and Transportation Officials. American Welding Society American Society for Testing Materials American Standards Association American National Standards Institute American Water Works Association Occupational Safety & Health Administration American Concrete Institute 4 . . . . . .' 3. Defmition of terms continued: REPRESENTATIVE OF CONTRACTOR: The Contractor shall assign a responsible person or persons, one of whom shall be at the construction site at all times that work is progressing. The names and positions of these persons shall be submitted to the City Engineer at the time of the pre-construction conference. This person or persons shall not be changed without written approval of City Engineer. ESTIMATED QUANTITIES: The Contractor's attention is called to the fact that the estimate of quantities as shown on the Proposal Sheet is approximate and is given only as a basis of calculation upon which the award of the contract is to be made. The City does not assume any responsibility that the final quantities will remain in strict accordance with estimated quantities nor shall the contractor plead misunderstandings or deception because of such estimate of quantities or of the character or location of the work or of other conditions or situations pertaining thereto. 4. ORDER AND LOCATION OF THE WORK: The City reserved the right to accept and use any portion of the work whenever it is considered to the public interest to do so. The Engineer shall have the power to direct on what line or street the Contractor shall work and order thereof. 5. EXCAV AnON FOR UNDERGROUND WORK: The contractor is responsible to take all necessary steps to conduct all excavation in a manner which provides for the successful completion of the proposed work while at all times maintaining the safety of the workmen, the general public and both public and private property. The contractor's methods of work will be consistent with the standard practices and requirements of all appropriate Safety Regulatory Agencies, particularly the Occupational Safety and Health Administration (OSHA) requirements for excavation. Unless otherwise specifically stated in these plans and specifications, the methods of safety control and compliance with regulatory agency safety requirements are the full and complete responsibility of the contractor. For the purposes of the Contractor's safety planning in the bidding process, the contractor is to consider all excavation to be done in the perfonnance of this contract to be in soil classified as OSHA "Type e". The Contractor's attention is called to specific requirements of OSHA for excavation shoring, employee entry, location of excavated material adjacent to excavation, the removal of water from the excavation, surface encumbrances and in particular the requirement of a "Competent Person" to control safety operations. The Contractor will identify his CompetenfPerson to City staffat the start of construction. 5 Section I.V 5. Excavation for underground work continued: City staff are required from time to time to perform inspections, tests, survey location work, or other similar activity in an excavation prepared by. the contractor. City staff in ,conformance with the OSHA Excavation Safety Requirements are to only enter an excavation in compliance with these OSHA standards. The City's staff reserve the option to refuse entry into. the Contractor's ,excavation if, in the opinion of the City's staff, the entry into the Contractor's excavation is unsafe or does not conform OSHA requirements. If this circumstance occurs, the contractor must either provide the necessary safety requirements or provide alternate'means for the accomplishment of the City's work at the Contractor's expense. . The restoration quantities, if any, contained in the bid proposal for this contract to not contain sufficient quantities to allow the contractor to perform excavation work using strictly the "open cut" method whereby no shoring systems are used and trench side slopes are cut to conform to OSHA safety requirements without a shoring system. fu addition to safety reasons,. the Contractor is required to use excavation and trench shoring methods incompliance with all safety requirements which allow the Contractor to control the amount of restoration work necessary to complete the project. Not more than one hundred (100) feet of trench shall be opened at onetime in advance of the completed work unless writtenpennission is received from the Engineer for the distance specified. For pipe installation projects, the trench shall be six (6) inches wider on each side than the greatest external horizontal width of the pipe or conduit, including hubs, intended to . be laid in them. The bottom of the trench under each pipe joint shall be slightly hollowed, to ,. allow the body of the pipe to rest throughout its length. In case a trench is excavated at any place, excepting at joints, below the grade of its bottom as given, or directed by the Engineer, the filling and compaction to grade shall be done in such manner as the Engineer ,shall direct, without compensation. Seec10n IV 6 . . . . 9. OBSTRUCTIONS: Any pipes, conduits, wires, mains, footings, driveways, or other structures encountered shall be carefully protected from injury or displacement. Any damage thereto shall be fully, prompdy, and properly repaired by the Contractor to the satisfaction of the Engineer and the owner thereof. Should it become necessary to change the position of water orgas or other pipes, sewer drains, or poles, the Engineer shall be at once notified of the locality and cttcwnstances, and no claims for damages arising from the delay in adjusting the pipe, sewer drains or poles shall be made. Failure of the plans to show the location, nature or extent of any existing structures or obstructions shall not be the basis of a claim for extra work. Any survey monument or. bench t:nark which must be disturbed shall be carefully referenced before removal, and unless otherwise provided for, shall be replaced upon completion of the work by a registered land surveyor. Any concrete removed due to construction requirements shall be removed to the nearest e~ansion joint or by saw cut. Contractor shall consult Inspector for the approved means. -8- . . . 11. WORK IN EASEMENTS OR PARKWAYS: Restoration is an important phase of construction, particularly to residents affected by the construction progress. The Contractor will be expected to complete restoration Activities within a reasonable time following primary construction activity. Failure by the Contractor to accomplish restoration within a reasonable time shall be justification for a temporary stop on primary construction activity or a delay in approval of parti.alpayment requests. Reasonable care shall be taken for existing shrubbery. Contractor shall replace all shrubbery removed or disturbed during construction. . No separate payment shall be made for this work. The contractor shall make provision and be responsible for the supply of all water, if needed, on any and all phases of the contract work. The contractor shall not obtain water from local residents or businesses except as the contractor shall obtain written pennission. Reuse water is available for the Contractor's use without charge from the City's wastewater treatment plants, provided the water is used on City of Clearwater contractual work. Details for Contractor to obtain and reuse water from the treatment plants will be coordinated at the pre- construction conference. The Contractor's use of reuse water must conform to all regulatory requirements. 10 '. . . ARTICLE 34 - MATERIAL USED: All material incorporated into the final work shall be new material unless otherwise approved by the Engineer. If requested by the Engineer, the Contractor shall furnish purchase receipts of all materials. ARTICLE 35 -CONFLICT BETWEEN PLANS AND SPECIFICATIONS: Whenever a conflict appears between the plans and specifications, the more stringent requirement shall apply. If a conflict is of such a nature as to require a decision, then a written request for clarification must be made prior to starting that phase ofconstruction. ARTICLE 36 - STREET SIGNS The removal, covering or relocation of street signs by the Contractor is PROHIBITED . All street signs shall be removed, covered or relocated by the City's Traffic Engineering Division in accordance with Sections 700, 994, 995, and 996 of FOOT's Standard Specifications (latest edition). The Contractor shall notify the City's Traffic Engineering Division a minimum of 24 hours in advance of the proposed sign relocation, covering or removal. Section IV 71 . . . PROJECT: . 20A:l TR~S COTJRT RR~lmF A(;TNG cnNTR~cT . (02-0077-PR) ARTICLE 40. - AWARD OF CONTRACT, WORK SCHEDULE AND GUARANTEE: It will be required that the work will commence not later than :five (5) calendar days after the Engineer gives written notice to proceed, which notice shall be given as outlined in Article 14 - General Conditions. It is further required that all work within this contract be completed within 6fLconsecutive calendar days. Contract date to commence at issuance of notice to proceed. If the Contractor fails to complete the work within the stipulated time, the City will retain the amount stated in the Contract, per calendar day, for each day that the contract remains incomplete. The work shall be discontinued on Saturdays, Sundays, and approved Holidays. If it becomes necessary for the Contractor to perform work on Saturdays, Sundays, and approved City of Clearwater Employee Holidays, that in the opinion of the Engineer, will require the presence of Inspectors, the Contractor shall pay the City of Clearwater, Florida, the amount of Three fIundred and Twenty Dollars ($1~O 00) per eight-hour day for each Inspector given such assignment. The Contractor shall remedy any defects in the work at his own expense and pay for any damage to other work resulting therefrom which appear within a period of one year from the date offinal acceptance. - 81 - ARTICLE 43. TENNIS COURTS: . SOIL TREATMENTS: All soil under courts shall be treated with DSMA 184 at the rate of 2 pounds active ingredient per 1,000 square foot. Materials sball be brought to the job site in tagged containers. Tags shall be retained and turned into the Engineer's Office. BASE COURSE: A. Base Course shall be Limerock6" thick after compaction. Specifications for the base shall be the same as those for Limerock in Section IV- Article 22 of the City of Clearwater Technical Specifications. Subgrade stabilizing will not be required. B. Surface sball b~ cut to within 1/2" of true grade in preparation of I" leveling course. Prior to applying prime coat, surface shall be approved by the Engineer. PRIME COAT: .1 The material used for prime coat shall be cut-back Asphalt Grade RC-70 or RC-250and shall conform to Section 300 of the Florida State Department of Transportation's "Standard Specifications for Road and Bridge Construction". LEVELING COURSE: A. Leveling Course shall be a minimum of 1" of Type S-ID Asphaltic Concrete as specified in Section 331 of FOOT's Standard Specification (latest edition). The Leveling Course shall be constructed running East and West. B. Finish surface of leveling course shall not vary more than 1/4" when checked with a 10 foot straight edge. Ifa deficiency of more than W' exists, the Engineer will determine if the surface should be leveled or removed and replaced. Such remedial work shall be without compensation. SURFACE COURSE: A. Surface course shall be a minimum of I" of Type s-m Asphaltic Concrete as specified in Section 331 of FDOT's Standard Specification (latest edition). The Surface Course shall be constructed running North and South. B. Finish surfaces shall not vary more than 1/4"in 10 feet. Prior to application of color coat, surface shall be checked for low areas by flooding the surface with water. Low areas shall be .: patched as approved by the Engineer prior to application of the color coat. No areas which Section IV 94 A. MATERIALS: Materials used in the patching and c.ol.orc.oating .of TennisC.ourtsshall be manufactured specifically far Tennis C.ourt Applicati.on. All materials must be appr.oved by the Engineer pri.or to the start .of c.onstructi.on. Request for appr.oval .of c.oating materials may be submitted pri.or t.o the.opening of bids. In requests far appr.oval, the Contract.or shall present manufacturer's literatureal.ong with the name, address, and date .of three previ.ous Tennis C.ourtapplicati.ons of the prop.osed material. B. CONSTRUCTION: SURFACE PREPARATION: The surface t.o be c.oated must be sound, sm.o.oth, and free fr.om l.o.ose dirt .or.oily materials. Pri.or t.o theapplicati.on .of surfacing materials, the entire surface sh.ould be checked far min.or depressi.ons .or irregularities. If it is determined that min.or corrections .are necessary, the .. Contract.or shall make repairs usingappr.oved tack c.oat and/.or patching mix in acc.ordance with manufacturer's recommendations far use. After patching the surface shall n.ot vary mare than 118" in ten feet in any directi.on. If a deficiency of mare than 118"exists, the Engineer will determine if the surface sh.ould be leveled .or rem.oved and replaced. Such remedial w.ork shall be withoutc.ompensation. In .order t.o pr.ovide a sm.ooth, dense underlayment .of the finish c.ourse, one .or mare applicati.ons .of resurfacer .or patch mix shall be applied to the underlaying surface as deemed necessary by the Engineer. Asphaltic c.oncrete Surface C.ourse with a sm.o.oth tight mix and n.o p.onding, will not require the resurfacing .or patching mix. Asphaltic C.oncrete Surface C.ourse which is c.ourse and r.ough .or is ponding water will require the use of the resurfacer .or patch nux. N.o applicati.ons shall be c.overed by a succeeding applicati.on until th.or.oughly cured. FINISH COLOR COURSE: The finish course shall be applied t.o a clean, dry surface in acc.ordance with the manufacturer's directi.ons. A minimum of two applicati.ons of col.or coat will be required. . Section IV 95 .. . . Texture of cured color coat is to be regulated in accordance with manufacturer's recommendations to provide a medium speed surface for tennis play. The color of application shall be dark green for the regulation double's playing area .and red for all other others. The finished surface shall have a uniform appearance and be free from ridges and tool marks. c. PLAYING LINES: Forty~eight (48) hours minimum after completion of the resurfacing, 2 inch wide playing lines shall be accurately located, marked and painted with approved marking paint. D. WEATHER LIMITATIONS: No parts of the construction involving Tennis Court surfacing or patching products shall be conducted during rainfall, or when rainfall is imminent or unless the air temperature is at least 50 Degree'sF and rising. NOTE: The Contractorshall notify the Proiect Inspectorand the City'sMaterials Tester a minimum or 24 hours in advance of all base and asphalt related work. Section IV 96 . . . ARTICLE 50: PROJECT INFORMATION SIGNS SCOPE AND PURPOSE: The City desires to inform the general public on the City's use .and expenditure of public funding for general capital improvement and maintenance projects. To help accomplish this pwpose, -the Contractor is required to prepare and display public project information signs during the full course of the contract period. These signs will be displayed at alllocation(s) of active work. TYPE OF PROJECT SIGN, FIXED OR PORTABLE: Sign type shall be "fixed" on stationary projects and "portable" on projects which have extended locations or various locations. Payment to Contractor for the preparation, installation and management of project sign(s) shall be lump sum for the entire project. The number of and type of signs will be stated in the Scope of the Work section of the contract documents. Lump .sum item will be included in the bid proposal for signs. The particular wording to be used on the signs will be determined after contract award has been approved. Contractor will be provided the wording to be used on sign at the preconstruction conference. FIXED SIGN: Fix.ed sign shall be 4' by 6' in size and painted on a sheet of exterior grade plywood of the same size and a minimum thickness of 1/2". Sign shall be attached to a minimum of three pressure treated 4" by 4" below grade pressure treated wooden posts and braced as necessary for high winds. Posts shall be long enough to provide secure anchoring in the ground. Bottom of sign must be a minimum of 24" above the ground Alternate mounting system or attachment to fencing or other fixed structure can be considered for approval. Sign shall be painted white on both sides with exterior rated paint. PORTABLE SIGNS: Portable sign shall be a minimum of 24" by 30" in size and will be attached to a standard sized portable traffic barricade. Sign material shall be aluminum, 0.080" or thicker, background of white reflective sheeting, and shall be silkscreen or vinyl lettering. Portable sign shall be .1lm signs located and attached to each side of the traffic barricade. SIGN COLORING: Background shall be white. Project Descriptive Name shall be in blue lettering. All other lettering shall be black. Basic lettering on sign shall be in all capital letters, of size proportional to the sign itself. SIGN PLACEMENT: Signs shall be placed where they are readily visible by the general public which pass by the project site. Signs are not to be placed where they may become a hazard or impediment to either pedestrian or vehicular traffic. For construction projects outside of the City's right-of-way, the signs will be placed on the project site. For projects constructed inside of the City's right-of-way, the signs will be placed in the right-of-way. 136 . . . ARTICLE 50: PROJECT INFORMATION SIGNS CONTINUED: Portable signs are to be moved to the locations of active work on the project. Multiple portable signs will be necessary where work is ongoing in several locations at the same time. Fixed signs are to be placed at the start of construction and will remain in place until the request for final payment. SIGN MAINTENANCE: The Contractor is responsible for preparation, installation, movement, maintenance, replacement, removal and disposal of all project signs during the :full course of the contract period. The Contractor will place and secure portable signs from dislocation by wind or other actions. Signs are to be cleaned as necessary to maintain legibility and immediately replaced if defaced. TYPICAL PROJECT SIGN(S) CLEARWATER BEACH RECREATION CENTER -69 BAY ESPLANADE CITY OF CLEARWATER PARKS & RECREATION DEPARTMENT PROJECT FUNDING: TENNIS COURT RESURFACING CIP CONTRACTOR: COMPLETION SCHEDULE: JANUARY/2003 CITY PROJECT MANAGER: 137 Revised 2/22/02 . . . BOND NUMBER: CONTRACT BOND STATE OF FLORIDA COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That we principal and whose home address is as (Surety) a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. . . NOW THEREFORE, THE CONDITIONS OF TInS OBLIGATION ARE SUCH, that if the Principal shall in all respects comply with the tenns and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including th.~ contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indenmify and save hannless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Principal agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Principal, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said . Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Principal and Surety jointly and severally agree to pay to the Owner any difference between the sum to ~hich the said Principal would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. . . . CONTRACT BOND (2) And the said Principal and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the perfonnanceofsaid work, or of the repair or maintenance thereof, or the manner of doing the same Of the neglect of the said Principal or his agents or servants or the improper performance of the said work by the Principal or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Principal and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced -by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIl\10NY WHEREOF, witness the hands and seals of the parties hereto this day of , 2002. CONTRACTOR By: ATTEST: SURETY WITNESS: By: ATTORNEY-IN-FACT COUNTERSIGNED: 2 '. . .\ CONTRACT This CONTRACT made and entered into this _ day of , 2002 by and between th.e City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", an d , of the City of County of and State of Florida, hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each inconsideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor; and his or its successors, assigns, executors or administrators, in consideration of the sums. of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for th.e following: In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of .said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND IDS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION wmcu MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF TmS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER TIDSCONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. 3 . . .: CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the perfonnance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision" shall mc1ude,butnot be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off .or tennination;rates of pay or other form; of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing .provisions in all contracts hereunder, including contracts or agreements with Jabor unions and/or worker's representatives, except sub-contractors for standard connnercialsupplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence.ofthis contract, and in the event that the work to be performed by the .Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct fromsuchSUImor compensation as may be due to the Contractor the sum of $1.000.00 ner day for each day that the work to beperfonned by the Contractor remains incomplete beyond the time limit specified herein, which sum of SI.0DO.DOper davshall only and solely represent damages which the City has sustained by reason of the fuilureof the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that it: any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the tenns and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such perfonnance bond to be unsatisfactory or it: for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term.and amounts and with such surety or sureties as shall be satisfactory to the City. If suchan event occurs, no further paymentShaIlbe made to the Contractor under the tenm and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the tenm hereof shall be completed and furnished to the City in a form satisfactory to it. 4 . . . CONTRACT (3) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: William B. Home, II City Manager Countersigned: By: Brian J. Aungst, Mayor-Commissioner (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). (Seal) Attest: Cynthia E. Goudeau, City Clerk Approved as to form: Bryan D. Ruff Assistant City Attorney ( Contractor) By: (SEA T ) 5 .. . . CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF FLORIDA COUNTY OF On this day persona1lyappeared before me, the undersigned authority, duly authorized to aciminister oaths and take acknowledgments, , who after being dulyswom, deposes and says: That he is the (mLE) , a Florida Corporation, with its principal place (herein, the "Contractor"). of of business located at That the Contractor Was the general contractor under a contract executed on the day of , . 2002, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor Was to perform the construction of That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the descnbedproperty. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of (Final Full Amount of Contract) in.fuJl satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens"as used :in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law asset forth in Chapter 713, Florida Statutes. Sworn and subscnbed to before me AFFIANT This _ day of , 2002 . BY: NOTARY PUBLIC My Commission Expires: PRESIDENT 6 . . e: PROPOSAL BOND (Not to be filled out if a certified check is submitted) KNOWN ALL MEN BY THESE PRESENTS: That we, the undersigned, as Principal, and as Surety, are held and finnly bound unto the City of Clearwater, Florida, in the sum of Dollars ($ ) (being a minimum of 1 ()OJ'o of Contractor's total bid amount) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. The condition of the above obligation is such that if the attached Proposal of as Principal, and as Surety, for work specified as: all as stipulated in said Proposal, by doing aU workincid.ental thereto,in accordance with the plans and specifications provided herefor, all within PinellasCounty, is accepted and the contract awarded to the above named bidder, and the said bidder shall within ten days after notice of said award enter into a contract, in writing, and furnish the required Perfonnance Bond with surety or sureties to be approved by the City Manager, this obligation shall be void, otherwise the sameshaUbe in full force and virtue by law and the full amount of this Proposal Bond will be paid to the City.as stipulated or liquidated damages. Signed this day of ,2002. (Principal nmst indicate whether corporation, partnership, . company or individual) Principal The person signing shall, in his own handwriting, sign the Principal's name, his own name .and his title; the person signing fora corporation must, by affidavit, show his authority to bind the corporation. By: Title Surety 7 .. . . AFFIDAVIT , (To be filled in and executed if the bidder isa corporation) STATEOFFLQlUDA ) COUNTY OF ) being duly sworn, deposes and says that he/she is Secretary of a corporation organized and ex:istingunder and by virtue of the laws of the State of Florida, .and having its principal office at: Street & Number city Co~ , State Affiant further says that he JS familiar with the records, minute books and by-laws of (Name of Corporation) Affiant further says that IS (Officer's Name) (Title) of the corporation, is duly authorized to sign the Proposal for ' for said corporation by virtue of (state whether a provision of by laws or a :Resolution of the Board of Directors. Ifby Resolution give date of adoption). Affiant Sworn to before me this day of ,2002. Notary Public Type/print/stamp name of Notary Title or rank, and Seria1No., ifany 8 '. . .J NON-COLLUSION AFFIDAVIT STATE OF FLORIDA ) COUNTY OF ) being, first duly sworn, deposes and says that he is of the party making the foregoing Proposal or Bid; that such Bid is genuine and not collusive orsbam: that said bidder is not financially interested in or otheIWiseaf6liated in a business way with any other bidder on the same contract; that said bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any bidders or person, to put in a sham bid or that such other person shall refrain from bidding, and has not in any manner, direct1yor indirect1y,sought by agreement or collusion, or communication or conference, with any person, to fix the bid price or affiant or any other bidder, or to fix: any overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any acivantageagainst the City of Clearwater, Florida, or any person or persons interested in the proposed contract; and that all statements contained in said proposal or bid are true; and further, that such bidder has not directly or indirectly submitted this bid, or the contents thereof, or divulged infonmtionor datareJative thereto to any association or to any member or agent thereof Affiant Sworn to and subscnbed before me this day of ,2002. Notary Public 9 .. . . PROPOSAL (1) TO THE CITY OF CLEARWATER, FLORIDA, for and doing such other work incidental thereto, all in accordance with the contract documents, marked Bvery bidder must take notice of the fact that even thoughbis proposal be accepted and the documents signed by the bidder to whom .anaward is made and by those officials 'authorized to do so on bebalfof the City ofCleaJ.Water, Florida, that no such award or signing shall be considered a binding contract without a certificate from the Finance Director that funds are available to cover the cost of the work to be done, or without the approval of the City Attorney as to the form and legality of the contract and all the pertinent documents relating thereto having been approved by said City Attomey;and such bidder is hereby charged with tbis notice. The signer of the Proposal, as bidder, also declares that the only person, persons, company or parties interested in this Proposal, are named in this Proposal, that he has carefully examined the Advertisement, Instructions to Bidders, Contract Specifications, Plans, Supplemental Specifications, General Conditions, Special Provisions, and Contract Bond, that he or his representative has made such investigation as is necessary to detennine the character and extent of the work and he proposes and agrees that if the Proposal be accepted, he will contract with the City of Clemwater, Florida, in the form of contract; bereto annexed, to provide the necessary labor, materia1s,machinery, equipment, tools or apparatus, do all the work required to complete .the contract within the time mentioned in the .General Conditions and according to the requirements of the City of Clemwater, Florida, as herein and hereinafter set forth, and furnish the required surety bonds for the following prices to wit: 10 '. . eJ PROPOSAL (2) If the foregoing Proposal shall be accepted by the City of Clearwater~Florida, and the undersigned shall fail to execute a satisfactory contract as stated in the Advertisement herein attached, then theeit}' may~ at its option determine that the undersigned has abandoned the contract~ and thereupon this Proposal shall be null and void, and the certified check or bond accompanying this Proposal, shall be forfeited to become the property of the City of Clearwater, Flori~ and the full amount of said check shall be retained by theCity~ or if the Proposal Bond be given, the full amount .ofsuch bond shall be paid to the City as s#puIated or liquidated damages; otherwise~ the bond or.certified check accompanying this Proposal, or the amount of said chec~shall be returned to the undersigned as specified herein. Attached hereto is a bond or certified check on Bank, for the sum of ($ ) (being .a minimum of 10% of Contractor's total bid amount). The full names and residences of allpersons and parties interested in the foregoing bid are as follows: (If corporatio~ give the names and addresses of the President and Secretary. If finn or partnership~ the names and addresses of the members or partners. The Bidder shall list not only his name but also the name of any person with whom bidder has any type of agreeinent whereby such person's improvements~ enrichment~ employment or possible benefit~ whether sub-contractor~ materiahnan, agent~ supplier~ or employer is contingent upon the award of the contract to the bidder). NAMES: ADDRESSES: Signature of Bidder: (The bidder must indicate whether Corporation, Partnership, Company or Individual). 11 .. . .' PROPOSAL (3) The person signing shall, in his own handwriting, sign the Principal's name, his own name and his title. Where the person signing for a corporation is other than the President or Vice-President, he nmst, by affidavit, show his authority, to bind the corporation. By: Title: Business Address of Bidder: city and State: Zip Code Dated at this, , day of , A.D., 2002 12 PROJECT: '. " CITY OF CLEARWATER ADDENDUM SHEET Acknowledgment is hereby made of thefoUowingaddenda received since issuance of Plans and Specifications. Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: . Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: Addendum No. Date: (Name of Bidder) (Signature of Officer) (Title of Officer) (Date) .' 13 . . . PROPOSAL (4) PROJECT: 20~l3 TENNIS COURT RESURFACING CONT"~T C02-0077-PR) ITEM DESCRIPTION UNIT EST. UNIT TOTAL NO. QTY. PRICE CLEARWATER BEACH RECREATION (69 BAY ESPLANADE) L Resurfacing and patching of 1 LS three (3) tennis courts 2. Preparationl installation and 1 EA management of oroiect siqns 3. Installation of new net posts at 1 LS three (3) tennis courts 4. Install new nets at three (3 ) 1 LS tennis courts SUB-TOTAL ITEMS 1 - 4 $ LANDMARK DRIVE (3450 LANDMARK DRJ:VE) 5. Resurfacing and patching of two 1 LS (2) tennis courts 6. preparation, installation and 1 EA manaqement of oroiect siqns 7. Installation of new net posts at 1 LS two (2 ) tennis courts 8. Install new nets at two (2 ) 1 LS tennis courts SUB-TOTAL ITEMS 5 - 8 $ ED WRIGHT PARK (1326 S. MARTIN LUTHER KING, JR. BOULEVARD) 9. Resurfacing and patching of two 1 LS (2 ) tennis courts 10. Preparation, installation and 1 EA manaqement of oroiect siqns 11. Installation of new net posts at 1 LS two (2 ) tennis courts 12. Install new nets at two (2 ) 1 LS tennis courts SUB-TOTAL ITEMS 9 - 12 $ BAY PARK ON SAND KEY (1551 GULF BOULEVARD) 13 . Resurfacing and patching of two 1 LS (2) tennis courts 14 . Preparation, installation and 1 EA manaqement of oroiect siqns 15 . Installation of new net posts at 1 LS two (2) tennis courts 16 . Install new nets at two (2) 1 LS tennis courts SUB-TOTAL ITEMS 13- 16 $ 117. 110% Construction Contingency I LS I 1 14 . . . CONTRACTOR: BIDDER'S GRAND TOTAL (BID ITEMS 1-17) $ BIDDER'S GRAND TOTAL (BID ITEMS 1-17) (Numbers) (Words) THE BIDDER'S TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS UNIT PRICES AND LDMPSUM PRICES AND THE ESTIMATED QUANTITIES REQUIRED . THIS FIGURE IS FOR INFORMATION ONLY AT THE TIME OF OPENING BIOS. THE CITY WILL MAKE THE TA.BULATION FROM THE UNIT PRICES AND LUMP SUM PRICE BID. IF THERE IS AN ERROR IN THE TOTAL BY THE BIDDER, IT .SHALL BE CHANGED AS ONLY THE WIT PRICES AND LUMP SUM PRICE SHALL GOVERN. 15 o .CJ N ~ ~ c} ~ c1 N + Location Map Clearwater Beach Recreation Complex 69Bcty Esplanade HEILWOOD ST 8AVMONT$T ~O :::r ~D.. !t: <(' >- S ~ .z <(' ~ ROVAL WAY ILl > .c <(' 5 en z o a.. Q "0 ~ ell ~ '" D f.... o ~ ~ f.... .~ J f.... ~ ~ G PROJECT SITE IlII: Q &&I IlII: o :::r '" ... '" ~ &&I 2002 Tennis Court Resurfacing Clearwater Beach Recreation Complex 69 Bay Esplanade 10-04-02 CITY OF CLEARW ATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING Location Map Forest Run Park 3450 Landmark Drive L PROJECT SITE 2002 Tennis Court Resurfacing Forest Run Park 3450 Landmark Drive 10-04-02 DEERFIELD LN CURLEW RD , Q T~6(lDD~ N + C.ITYOF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING Location Map Boy Pork on Sand Key 1551 Gulf Boulevard . \j\J r..;~ ~ CJ\ ~\ (j~ 2002 Tennis Court Resurfacing Bay park on Sand Key 1551 Gulf Boulevard 10-04-02 ~ o ~ .:f c\. ~ ~Ci ~ Ci ~ G PROJECT SITE N + CITY OF CLEARW ATER.FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING Location Map Ed Wright Park 1326 S. Mortin Luther King Boulevard ] ]~ D lit ] ]Q O~ I I I PROJECT SITE <I( o )I- lID ~ m .... .~ 2002 Tennis Court Resurfacing Ed Wright Park 1326 S. Martin Luther King Boulevard 10-04-02 N + :::! o Gl )I- )I- < m L 'L CITY OF CLEARW NER. FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING . C ' Clearwater City Commission Final Agenda Item # "Agenda Cover Memorandum Meeting Date: REVISED SUBJECTIRECOMMENDATION: Request for Authority to institute a civil action against James A. Bagnato, to recover $5,954.09 for damage to City property. • and that the appropriate officials be authorized to execute same. SUMMARY: On November 6, 1998, Mr. Bagnato was traveling eastbound on Court Street in Clearwater, Florida. His vehicle was involved in a collision with another vehicle. In the course of the collision Mr. Bagnato's vehicle struck a traffic signal pole on the southeast corner of the intersection of Court Street and Greenwood Avenue causing damage to the pole. The impact caused damage to the pole in the amount of $5,954.09." Attempts to collect the amount of damages from Mr. Bagnato have been unsuccessful. The Legal Department requests authority to bring a legal action against James A. Bagnato to recover the moneys owed to the City for the aforesaid property damage. Reviewed by: - Originating Dept: Costs info Tech NA Legal 4,? Legal Total Budget NA- Public Works NA - User Dept. Funding Source: Purchasing NA DCM/ACM C.q++lol Impimrme"+ Current Fiscal Year Risk Mgmt NA other NA Attachments Ohm Appropriation Code: Submitted by: 0 None City Manager Printed on recycled paper Rev. 2190 Clearwater City Commission Agenda Cover Memorandum (V41 Final Agenda Item It 10 Meeting Date: -SUBJECTlRECOMMENDATION: Request for Authority to institute a civil action against Anna K. Ellis to recover $2,067.43 for damage to City property. and that the appropriate officials be authorized to execute same: SUMMARY:. On November 26, 2000, Ms.' Ellis was traveling eastbound on the Courtney Campbell Causeway (inside lane) when her vehicle spun, out of control and struck the left rear of a marked City police cruiser parked on the eastbound side of the Courtney Campbell Causeway assisting in investigating an accident. The impact caused damage to the City vehicle in the amount of $2,067.43. Ms. Ellis was found at fault for the accident and was cited for careless driving. Ms. Ellis was also cited for. No Proof of Insurance. The Legal Department requests authority to bring a legal action against Anna K. Ellis to recover the moneys owed to the City for the aforesaid property damage. Reviewed by: Originating Dept: Casts Legal f-lnfo Tech NA Legal Total Budget NA Public Works NA User Dept. Funding Source: Purchasing NA DCM/ACM Calwal Improwmeni Current Fiscal Year Risk Mgmt NA Other NA Attachments aI>,'wing . (nhrr Appropriation Code: Submitted by: E3 None cif manager >Prinled on reacted naner Rev, 721911 h Clearwater City Commission Agenda Coyer Memorandum Final Agenda Item # Meeting Date: / ) _ S-_ 19 r>L SUBJECT/RECOMMENDATION: Adopt the AFLAC Flex' One plan as the plan document which establishes and manages a Dependent Care Expense Reimbursement Plan and a Medical Care Expense Reimbursement Plan, and approve the applicable Reimbursement Services Agreement, 21 and that the appropriate officials be authorized to execute same. SUMMARY: The City Commission adopted a resolution on October 17, 2002 authorizing the establishment of flexible spending accounts as allowed under Section 125, of the Internal Revenue Code for unreimbursed medical expenses (section 105) and dependent care expenses (section 129). The Flex One Plan combines the written documents for these two accounts and establishes a flexible benefits 'plan to allow eligible City employees the opportunity to participate in these accounts. This Plan is intended to qualify as a cafeteria plan under section 125. Adoption of this Plan will allow these additional benefits to go into effect January 1, 2003. The plan will be administered by a third party administrator (AFLAC). There will be no administrative charges incurred for the provision of these services. The Reimbursement Services Agreement authorizes AFLAC to perform these services for the City of Clearwater. Reviewed by: Originating Dept: C. Be Costs NIA Legal Info Svcs NA Human Resourc Total Budget NA Public Works N A User Dept. Funding Source: Purchasin NA DCMlACM A?? Capital Improvement Current Fiscal Year 9 Risk Mgmt NA. Other Attachments Operating Other Submittod by' Appropriation Code: City Manag p None Printed on recycled paper Rey' 2108 V- NOV. 20. 2002 3 , 08PM- AAl SV ?. D0C4ivz)% REIMBURSEMENT SERVICES AGREEMENT This Agreement, effective upon execution for the Plan Year, by and botween City of Cluarwater Hurnan Resourcos and American Family Life Assurance Company ("AFLACxi') WITNESSETH. WHEREAS, the Employer has adopted a Medical Caie Expenso Reimbursement ("URM") Plan andlor a Dependent Care Expense Reimbursement ("DDC") Plan for M Employees in conjunction with its Flexible 6enofits Plan (collectively referred to as the "Plan" and attachod hereto) to be adopted and administerod in accordance with Sections 105, 125, and 129 of the intemaf Revenue Code of 1888, as amended (the "Codo"); and WHEREAS, the Employer will serve as the Plan Administrator; and WHEREAS, the Employer desires that AFIAC, as its agent, furnish reimbursement services within a framework of policies, interpretations, rules, practices and procedures (the "reimbursement practices and procedures") made and established by the Employer In.- (1) receiving and processing requests for benefits under the Plan ("Requests") and (il) disbursing benefit payments from Employer funds (as provided for In Section II.A.) for eligible expenses under the flexible spending account provisions of the Plan; (if Self-Pay Option is selected in Section ILA, below, AFLAC shall convey its Initial benefit deterrninatlons to Employer so the Employer can disburse reimbursement payments for eligible expenses under the Flexible Spending Agreement provisions of the Plan); and WHEREAS, the Employer is to pay all plan benefits owed or established under the Plan to its Participants, and AFLAC Is to provide the agreed upon services to the plan without assuming any such liability; NOW, THEREFORE. In consideration of the mutual promises and covenants contained herein, it is hereby agreed as follows: Section L Enm0ment And Determination of Ellg jti it A. The Employer shall: (1) be responsible for Interpreting the Plan and its provisions, its terms, conditions and operation; and (2) notify Plan Participants of their ability to apply for reimbursement benefits and supply them with Request forms (to be provided by AFLAC) and Request filing Instructions; and (3) provide AFLAC with the names, addresses, Social Security Numbers, and elected amounts of all participants In the Plan; and (4) upon the occurrence of events that would change a Participant's status under the Plan (e.g. termination, Change In Status, Change in cost or Coverage for DDC, etc.) immediately provide AFLAC with updates (via Telefax) which identify eligible Partlelpants In each of the respective reimbursement !Tans and/or the amount of reimbursement benefits for which they are eligible; and (5) immediately Inform AFLAC (via Tolefax) as to any new participants in either of the reimbursement Plans, any Change In Status affecting a Participant's election, or any Qualified Beneficiary electing coverage under COBRA and the amount of such election (if COBRA applies to the Employer), or of any other change which will affect AFLAC's responsibilities hereunder. B. in determining any person's right to benefits under the Plan, AFLAC shall rely on the eligibility Information furnished by the Employer, And any signed statements by Participants regarding the eligibility of their Requests under the respective Plan. It is mutually understood that the effoctive performance of this Agreement by AFLAC will require that It be advised on a tirrrely basis by the Employer during the continuance of this Agreement of the identity of individuals eligible for benefits under each of the respective reimbursement Plans. Information modifying a Participant's eligibility or statuslelectlon under either reimbursement Plan shall Identify the effective date of etlgiblilty and the. termination date of eligibility and shall be provided to AFLAC (via Telefax) prior to the effective date of such modification In order to be considered by AFLAC in making benefit determinations hereunder. AFLAC shall not"be responsible for Requests paid In error where the Employer has failed to Inform AFLAC (in a form and with such Information as may reasonably be required by AFiAC) of a Participant's eligibility or status change prior to the release of the benefit payment, Suction II. Fundlna and. Pavmont of Requests for tha Plan-Banofits A. ((Select one below: H Daily Procossing Option. The Employer shall: {I) make sufficient funds available from its general assets for amounts ailocabfe to eligible reimbursement benefits under its plan by depositing a "Maintenance Deposit" (in amounts specified by AFLAC from time to tirne) in an Employer-owned and named account (the "Account") in a financial institution selected by the Employer and AFLAC to facilitate the timely processing of Requests under the Plan. (Note; the Account shuuld not be opened in the Plan's name); and i R5t %-0. 7550 =NOV. 20, 2002' 3: 08PM ADM SVCS DOCUYEN T a y0, 7 50 P. 3 (li) grant AFLAC withdrawal authority over the Account suftlrient to unable It to pay benefits under the Employer's FSA Plans; and (ill) deposit additional funds (al the request of AFLAC) in order to reestablish the Maintenance Deposit at the end of each Request processing cycle (or such earlier time specified by AFLAC); and (iv) telefax copies of all deposit verification receipts, Account Statements, and other correspondence relating to the Account to AFLAC upon receipt of such correspondence from the financial Institution; and (v) during the term of this Agreement, the Employer shall not withdraw funds from the Account: except at the request of, or to the extent approved by AFLAC. The Employer bears sole responsibility for any fees Imposed with respect to the Account by the financial institution, including, but not limited to: Account maintenance fees, Insufficient funds fees, fees with respect to volded checks, etc,; and (vi) authorize AFLAC to access the Account by: entering into a Withdrawal Agreement with CG&T; or ® It a f=inancial institution other than CB&T is designated below, the Employor heroby authorizes AFLAC to: a) draw benefit checks directly on the Account: b) electronically transfer benefit payments from the Account: c) electronically access Account information: and d) execute the financial institution's standard DeposiVAccount Agreement an the Employees behalf (subloct to the terms and conditions set forth herein and as AFLAC may otherwise establish). Name, address and contact person at other financlel institution: ® Standard Option. The Employer shall: make sufficient 'hinds available from Its general assets for amounts allocable to eligible reimbursement benefits under Its Plan; and (Ilj draw an amount equal to the aggrogate amount of all Requests payable under the Employees Plan and electronically transfer it to AFLAC (within three (3) business days of receipt of a request for such funds from AFLAC) for which there are eligible outstanding Requests (pursuant to tho terms of the Plan). R Self-Pay Option. The Employer shall: (1) make sufficient funds available from Its general assets for amounts allocable to eligible reimbursement benefits under Its Plan; and (if) review AFLAC's initial reimbursement determinations and issue reimbursement checks from its general assets within seven days of the receipt thereof for those Requests which are reimbursable pursuant to the terms of its Plan; and (tifj upon request, provide AFL.AC with proof of timely ben&M check dlsbursemonts In a form and manner deemed acceptable by AFLAC (e.g., bank issued account statements or check register). If, at any time, the amount of reimbursement bonefits payable under the applicable Plan provisions exceeds the amount deposited by the Employer In the Account, the Employer shall transfer an amount necessary to the Account to fulfill its reimbursement obligations under the applicable Plan before any further reimbursement benofit payment Is made. AFLAC Is under no obligation to advance funds on behalf of the Employer. S. AFLAC; ns agent for the Employer, shall provide those sorvlces describod in Appendlx A (attached hereto): (1) Upon written request submitted to AFIAC's FLEX ONE$Departmunt, AFLAC may provide Ilmiled assistance with cortain of the nondiscrimination tests. The terms and conditions 2 FISA NOV. 20. 2002 08Pl, ADV UCS DCCU'fr?.ti?; 1C?, 70 P, 4 (including applicable fees) under which such services ara provided arre set lorth in Appendix 11 "Nondiscrimination Testing and Form 55OU Preparation Survlces". (2) Upon written request submitted to AFLAC's FLEX ONE-00 Departmunt at the close of each Purr Year, AFLAC may assist with the preparation of Form 5500 for the Plan. Such request must be made within 120 days after the end of each Plan Year. The terms and condltlon3 (including applicable fens) under which services are provided are set Tonic in Appendix B "Nondiscrimination Testing Services and Form 5500 Preparation Services". In providing services, AFLAC shall assume that ERISA and COBRA apply to the Employer's Plan unless the Employer gives AFLAC written diroction otherwise. C, AFLAC shall not be obligated or responsible for any duty with regard to the adm)nIstratlon of the Flan (Imposed by the Plan or otherwise) except as specifically provided above. Employer has carefully reviewed and agrees to be responsible for the "Plan Sponsor Responsibilities" summarized on the back of the flan Document Request (PDR) Form. Without limiting Employer's responsibilities described therein, It shall ba the Employer's sole responsibility (as Plan Administrator) and duty to; ensure compliance with COBRA; perform required nondiscrimination testing; amend the Plan as necessary to ensure ongoing compliance with applicable law, fife any required tax or governmental returns (including Form 5500 returns) relating to the Plan to determine if and when a valid election change has occurred; handle Participant claim appeals; allow AFLAC, by and through independent associates, a reasonable opportunity to discuss AFLAC, URM, and DOC benefits; execute and retain required Plan and claims documentation; and take all outer steps necessary to maintain and operate the Plan in compliance with applicable provisions of the Plan, ERISA, the Code and other applicable Federal and State laws. 0. In the event that AFLAC overpays any person entitled to benefits under the plan, or pays benefits to any person who Is not entitled to them, AFLAC shall take all reasonable steps to recover the overpayment except that AFLAC shall not be required to Initiate court proceedings to recover an overpayment. AFLAC shell promptly notify the Employer if it Is unsuccessful In recovering any overpayment. 15. AF AC will optically scan and maintain electronic copies of all FSA Roirnbursement Requests and supporting documentation for a period of seven (7) years after the claim Is processed. Copies of FSA claim documents can be reproduced upon written request at AFiAC's currently prevailing rate. Soctlon Ill. Liability and Indomnlty A. In performing its obligations under this Agreement, AFLAC neither assumes nor underwrites any liability of the Employer under the Plan, but with respect to the Employer, acts only as provider of those services specifically described In Section II.B. of this Agreement and with respect to Plan Participants, acts only as the agent of the Employer. The services to be performed by AFLAC shall be rninisterfal In nature and shall be performed within the framework of policies, Interpretations, rules, practices, and procedures madrs or established by the Employer. AFLAC shall have no discretionary authority or discretionary control over any assets of the Employer, the Plan, or Plait Participants. B. AFIAC shall have no duty or obligation to defend any legal action or proceeding brought to recover a Request for Plan Benefits. AFLAC shall, however, maker available to the Employer and its counsel, such evidence relevant to such action or proceeding as AFLAC may have as a result of its processing of the contested benefit determination. C. Except as otherwise explicitly provided in this Agreement, the Employer shall retain the liability for all Plan Benefit Requests and all expenses incident to the Plan and for any and all violations of the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"), if applicable, and agrees to Indemnify AFLAC for and hold it, Its directors, officers, and emptoyoos, harmless from all amounts and expenses (including reasonable attorneys' fees and court costs) for which AFLAC may become liable. This indemnity shall survive the termination of this Agreement. 0. AFLAC shall use ordinary and roasonablo care in the performance of its duties, but shall not be liable to the Employer for mistakes of judgment or other actions takon In good froth unless such error results directly from an intentionally wrongful or grossly negligent act of AFLAC, Its officers or employees, E. AFLAC shall Nava no duty or obligation with respect to Requosts incurred prior to the effective date of this Agreement (hereafter "Prior Reimbursement Requosts") and/or Plan Administrator (or other) sorvices arising prior to the effective date of this Agreement regardless of whether such services werelare to be performed prior to or after the affective date of this Agreement (hereafter "Prior Administration"). The Employer specifically acknowledge(s) and agroo(s) that, (1) AFLAC has no responsibility or obligation with respect to Prior Roimbursomant Requests and/or Prior Administration; (11) the Employer will be responsible for processing Prior Reimbursement Requests (including any run-off Requests submitted aftor the effactive date of this Agreement) and maintaining legally roquired rocords of all Prior Reimbursement Requests and Prior Administration sufficient to comply with applicable legal (e.g., IRS substantiation) requirements and 3 sew 0 NOV. 20, 2002 3: 09PM. A91M SMI, OOC,JU t [.4 '?C, 750 P, 5 ;Ill) the Employer agrees to indemnify and held AFLAC harmless for any liability relating to Prior Reimbursement Requests arid/or Prior Administration, F, The Employer agrees that AFLAC may communicate confidential, protected, privilegod or otherwise sensitive information to Employer through We Named Contact (ns designated on tho Plan Document Request Form) and specifically agrees to Indemnify AFLAC and hold it harmloss: I) for any such communications directed to the Employer through the Named Contact attempted via talofax, mail, telephone, o-mall or any other media, arknowledging the possibility that such communications may be Inadvertently misrouted or Intercepted; and 11) from any claim for the Irrrpropor use or disclosure of any health Information by AFLAC where such information is usod or disclosed in a manner consistent with Its duties and responsibilities under this Agreement. Section IV. Roimbursement Rvesuost Processing Sorvlce Fee A. " The Employer shaft pay AFLAC a fee for services performed under this Agreoment In the amount of 30.00 per Participant per FSA benefit (DDC or URM) per month (max per Participant of $0.00 ) with a minimum monthly tee of $0.00 for the reimbursement Plans (URM and/or DOC) for which services are rendered, This amount shall be due by the tenth (10th) of each month (or portion thoreof) for which this Agreement is In effect and is In addition to and soparato from: (i) any Account Establishment (or "Set lip") fee assessed by AFLAC of $0.00 to initlale the reimbursement arrangement; and (11) the Employers obligation to make available sufficient funds to satisfy Its obligations under the flan and to make benefit disbuisemont in accordance with section II.A. above. The Employer is responsible for paying the Service Fee to AFLAC. AFLAC Is not authorized to withdraw the Service tree from the Account. Failure to pay any applicable monthly Service Fee by the next monthly Requests processing cycle shalt result in a cessation of Request processing services until such foes are received by AFLAC. If Request processing services are pended for an entire monthly processing cycle, AFLAC may terminate thls Agreement in accordance with Section Vt. S. AFLAC may revise the Service l=ee for services performed under this Agreement effective on each Anniversary Date of this Agreement by giving the Employer written notice of the revised rate at least thirty (30) days prior to the applicable Anniversary Date. C. Notwithstanding any other agreement between the parties (and/or their agents). AFLAC may revise the Service Fee set forth above at any time if revision Is deemed necessary by AFLAC by reason of; 1) modification or amendment of the Plan by the Employer; ii) a significant decrease in the number of AFLAC policies purchased by Participants under the Plan below the number Initially Included In the Plan after the Service Fee was established (or it later, when the Service Fee was last rev)sed); or ill) a suspension, fitnitaGon, or revocation of the right of Employees or Participants to purchase AFLAC policies under the Plan. AFLAC shall advise the Employer of the revised Service Foe at least thirty (30) days prior to its Implementation. If the Employer does not terminate this Agreement (by written notification pursuant to Section VI.A.1.) within thirty (30) days after the receipt of a notice of such revision, the Employer shall be deemed to have agreed to such revision for the remainder of the term of the Agreement. Thereafter, the Service Fee on and after the Implementation date shall be made an the basis of such revised Service Fee. D. AFLAC may revise the Service Fee set forth above at any time if any change in law or regulations imposes an AFLAC greater duties or obligations than contemplated by the Agreement in force at the time of such change. Section V. Tarn of Aeraamant The Initial term of this Agreement shall be the initial Plan Year commencing on the effective date hereof, thereafter, this Agreement will automatically renew for successive periods of twelve (12) monftrs unless, at least thirty (30) days prior to the end of the then current term, the Employer or AFLAC gives written notice to the other of Its intention not to renew the Agreement. In the event of a short plan year (other than the first plan year) this Agreoment shall automatically renew for an additional twelve (12) months unless the Employer or AFLAC gives written notice to the other of its lntentlon not to renew the Agroement within three (3) days after the Employer notifies AFLAC of the short plan year. Section Vf. Termination of Agronmont A. This Agreement shall terminate upon the oarliest of the following dates: (1) The end of a term of the Agreement following the dolivery of written notice of termination pursuant to Section V. (2) At the option of AFLAC, the date upon which tho Employer falls to transfer sufficient funds to AFLAC (upon request by AFIAC): 1) to pay all valid Requests pending under the Plan; or 11) to pay the Service Foci (as provided In Section I1.A, and iV,A., abuyo), AFLAC shall promptly communim(u Its election of this option to thu Employer. RSA NOV. 20. 2002- 09PY7 ADM SVGS DOCU4iEj% NR 7550 P. 6 (3) Upon the implementation data for a proposed Service Foo Increase doomed to be unacceptable by the Employer latter delivery of written notice of termination by the Employer) pursuant to Suction N.C. (4) At the option of AFLAC, if no Plan Participant is an AFLAC pollcyholder or If tho Employer donios AFLAC a reasonable opportunity (as determined by AFLAC In Its sole disc?otion) to moat with Employees, AFLAC shall Immediately communicate Its election of this option to the Employer, (5) Any other date mutually agreoable to the Employer and AFLAC, B. Upon termination of this Agreement, AFIAC shall cease the processing of aft Requests then in its possession, return any undistributed funds to the Employer, and make all records relating to Requests in process reasonably available to the Employer. If the termination occurs pursuant to Vl.A.1. (above), AFLAC shall process all tun-off claims provided any Service fee(s) is currant. "Thereafter, the Employer and/or Plan Administrator shall be responsible for all aspects of Reimbursement Requests processing and flan administration. sectlon yil. Nliscptlaneaus (1) Notices. Any notice required to be given hereunder to AFLAC shall be sufficient if in writing and delivered personally or by prepaid first class mail to AFLAC Administrative Services/Flex Oneo, 1932 Wynnton Road, Columbus, GA 31993-9815, or if to the Employer, at the address of the Employer denoted on the signature page attached hereto. (g) A_pnitcable Law, This Agreement shall be governed by, and shall be construed in accordance with the laws of the State of Georgia, to the extent they are not preempted by ERISA, the Code, or any other Federal law. (3) Legal and Tax Status. The Employer acknowledges that neither AFLAC nor Its agents is providing legal or tax advice, and that neither AE=LAC nor its agents serves as the plan administrator or a plan administrator or a fiduciary under the Plan. The Employer shall be the solo party responsible for determining the legal and tax status of the Plan under applicable law. AFLAC shall have no power or authority to waive. alter, breach or modify any terms or conditions of the Plan. (4) Ass nmeni» This Agreement may be assigned by AFLAC to any other party, including any successor to the business of AFLAC by merger, consolidation, purchase of assets, or otherwise, without the prior consent of the Employer. This Agreement shall be binding upon any corporation Into which the Employer may be merged or with which it may be consolidated, or any corporation succeeding to off or substantially all of the business of the Employer. (5) Ertlno Csntract. This Agreement constitutes the entire contract between the parties and no modification or amendment hereto shall be valid unless in writing and signed by an officer of the Employer and an Officer or duly authorized representative of AFLAC. (8) Tax Repading and Withholds . The Employer has ultimate control over the payment of plan benefits and shall be the sole party responsible for income and employment tax reporting and withholding obligations imposed as a result of the includability of such payments In the gross income of recipients, AFLAC Is a mere agent of the Employer for the processing of benefit Requests. (7) Cgn deptial_Irifarmation. The term "Confidential Information" as used In this Agreement means confidential or proprietary information of any party that Is not generally known to the public, including, but not limited to compilations, lists of actual or potential customers or suppliers, hardware systems, software, or other documentation of any type, whether In printed or machine readable form, computer databases, forms and form letters, contracts, information regarding specific transaction and marketing and business plants. For the purposes of this subsection, Confidential Information shall not Include the personally Identifiable Information relating to any of E=mployer's employees, Thu term "Trade Secrets" as used in this Agreement shall moan Confidential Information that; (1) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from Its disclosure or use; and (2) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. The terms "Confidential Information" and "Trade Secrets" do not Includa information that., (a) Is known to the receiving party prior to its dlsclosuro by the, disclosing party, as ovidenced by the receiving party's written records; (b) Is developed by the receiving party Indc;pendently of any of the Confidentlal Information or Trade Secrets received In confidence from disclosing party, evidenced by the receiving party's written records; (c) is rightfully received by the 5 RSA 9 -+, , HOV, 20. 2002 3:09PM'. MY SVGS DOCUMENTS SUO. 7 54 P. 7 receiving party from a third parry without restriction and without breach of any obligation of confidentiality running to the disclosing party. Each party agrees that it shall not dlsclrse to others or use for any purpose other than performance of the Agreement any of the other party's Confiidentiat Information or Trade Socrels any time during or after the term of this Agreement. Each party further agrees that It will disclose ConFrdentlal Information or Trade Secret-. to Its employees only as necessary for the performance 'of the Agreement, and only to employees with a need to know. Each party to this Agreement agrees that all Confidential Information and Trade secrets are the property of the party disclosing It, and each agrees to promptly return to the disclosing party, upon demand, any Confidential Information or Trade Secrets furnished under this Agreement which is either received In or reduced to material form, and all copies thereof, The Employer agrees that AFIAC may make lawful references to Employer in Its marketing activities. (8) Individual Ihfofmaliog, Each party acknowledges that performance of the Agreement may Involve the use and disclosure of personal lnformntion relating to the Employers employees (Including but not limited to names, addresses, benefit elections, claims and health Information), ' AFLAC agrees that It will not use any such Information disclosed to It by Employer except as authorized by.the Individual to whom the Information relates or as otherwise permitted by applicable State or Federal law or regulation. Employer agrees that It will not use any such information disclosed to, it by AFL AC except for the purpose for which it received the lnformatlon and will not farther disclose such information without the written authorization of the individual to whom the Information relates. This provision is not Intended to create any third party beneficiary rights (in favor of Employers employees or any other party). (8) Capitalized -rerms shall have the same meaning as in the Plan documents. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed In duplicate and signed by an Officer of the Employer and an Officer or duty authorized Worldwide Headquarters Employee of AFLAC to do so. Dated at AFtAC this day of Robert M. Ottman Second Vice President ARAC Administrative ServiceslFlex Once Dated at By, Street Address: 6 this ____ day of RSA NOV. 20. 2002 3: 09PM- ADM SVCS DMWEh i S W. 7550 F. 5 Appendix A Schedule of Services to By Provided Ely AFLAC In accordance with attached Raimbursoment Sorvicou Agreement AFLAC shalt provide the following sorvlcos for the Employer: General Plan Services: provldo the Employer with a sample cafeteria plan document, including a medical care expense reimbursement ("URM") Plan and a dependent care expense reimbursement ("DDC") Plan to be reviewed by the Employer and Its legal counsel; and provide the Employer with a sample flexible benefits summary plan description for distribution to each Plan Participant and employees and where may be required by a Change In Status., and upon receiving Instructions from the Employer on a Change. In Status, AFLAC will make the change. requested by the Employer, Additional Services If DDC or URM Benefits Are Offered: assist the Employer in explalning the URM and/or DDC features of the cafeteria plan to employees; and process for the Employee-executed salary redirection agreemonts as (hey relate to the URM and DDC components of the Employers flexible spending account; and prepare an enrollment contlrmatlon letter and send it to the Employer to verify URM and DDC elections; and ' provide each Participant with a URM and/or DDC statement on a quarterly basis; and provide the Employer with written monthly reports summarizing tho previous period's URM and/or DDC and Account octlvitias; and receive Requests for URM and/or DDC benefits, and expeditiously review such Requests to determine what amount, If any, Is due and payable with respect thereto; and disburse the benefit payments It determines to be due (provided the Employer transfers aufflclent funds to AFLAC or has sufficient funds in the Account) or if self-Pay is elected under Section II, A., notify the Employer of the benefit determination in accordance with the provisions of the Plan and the following procedures: valid reimbursement for URM and/or DOC benefits shalt be paid by AFLAC on the elate funds are received from the Employer (with respect to such Requests) by mailing fa check in the appropriate amount(s) directly to the Panlcipants at their home addresses; and If the amount of the (otherwise) reimbursable DDC Request exceeds the amount the Participant had withheld for DDC benefits, the excess shall ba carried forward (within the some Plan Year) and treated as an Eligible Ernptoyment Rotated Expense for that month; And if the amount of the reimbursable URM Requests exceeds the amount Uie Participant has had withheld from URM benefits, the entire amount shall be processed (provided the Employer makes ©vallable sufficient funds for AFLAC to satisfy the Ruquost); and Requests of less than S 15.00 may be carried forward and ngg?egotud with future Requests until the reimbursable amount Is grantor than $15.00, provided however, that tho entlro amount of tho reimbursable Requests shall be paid attar the close of the Plan Yearwithout regard to tho $15.00 threshold; and under the Dally Processing Option, cheeks of $2,000 or more shall be forwarded to the Employer for countersignature and dlsbuisoment; and T ABA i. OV. 20. 2002 3:09PM ADM SVCS DOCR,EN TS NA, 7550 P, 9 - unless otherwlso specified In writing by the Employer, Health FSA claims (allowing .a Change In Status impacting the Health FBA election shall be procassod using a "blendod approach" I.e., the maximum Health FSA benefit for a period of coverage following a Change In Statlis will bu limited to the lesser of: a) the annual Health FSA maximum set forth In the Plan document less any benefit payments made prior to the Change in Status; and b) the sum of the Parilclpant!; Health FSA Account balance Immediately before the Change in Status and any additional contributions made during the remaining period of coverage; and notify claimants as to any Requests which are denied because of Inadequate Request substantlatfon or Improper Request form submission and give affected claimants the opportunity to resubmit their Requests: and - provide to the claimant within ninety (94) days following racolpt of a Request, written notifleallon: (a) as to the disposition of the Request, or (b) of an anticipated delay beyond ninoty (90) days in the , disposition of the Request together with an explanation of the delay; and notify the claimant and refer to tho Employer (with an analysis of the Issues affecting the Reques() for final declslon, any Requests which AFLAC deems not to be reimbursable pursuant to the terms of the Plan and/or the reimbursement practices and procedures established by the Employer, setting forth the applicable review procedure available to the claimant through the Employer; and provide the Employer with written monthly and year-end reports summarizing the previous perlod's URM and/or ODC and account activities with sufficient detail to provide for the audit and control of funds used; and provlde the Employer With the Information needed with respect to the URM and/or DDC Plans for fulfilling annual reporting requirements and the preparation and submission of a Form 5500 Series 'Annual Report by the Employer to the Intemal Revenue Service. p8A r NOV. 20.2002 10 N, ADM ?VCC ppC?V??i APPENDIX B Nondiscrimination Testing 5orvicos and Form $500 Proparatlon 5orv1coa jProvidad Upon Annual Roquast] W. 7550 P. 10 Nondiscrimination Tasting: The Employer, upon submission of an annual Employee Census Dabs Sheol, authorizes AFLAC to curnpile nondiscrimination testing percontagos based upon the empioyeo census data provided. As consideration for this service, the Plan Sponsor/Adminlstrotor agrees to release and hold Ai=LAC, its subsidiaries, affillalus, officers, directors, owners, shareholders, attorneys, successors and assigns harmless from any liability arising as a result of the provision of, or reliance upon such testing percentages. In addition, tho Employer understands and agrees that: AFLAO is not In the business of providing legal or tax advice, and the Employer, as the plan sponsor/administrator, will not construo the testing percentages provided by AFLAC to ha legal or lax advice. Accordingly, the Employer will seek the advice of Its own tax or logal advisor to interpret and verify the testing percentages provided, and onsure compliance with applicable nondiscrimination requirements. The Employer bears sole responsibility for nondiscrimination testing and the conttrtued qualified status of its cafeteria plan under all applicable provisions of the internal Revenue Code. The testing percentages provided by AFLAC are merely sn indicator of compliance with two of the applicable nondlscriminatlon tests - the Cafeteria Plan 25% Key Employee Concentration Test and the Dependent Care 55% Average Benefits Test. Each Employer must also ensure compliance with the Eilgiblllty Test and Contributions and Benefit Test applicable to the Cafeteria Plan, the URM, and the DDC Plan, as well as other tests that may apply to the benefits offered through the Cafeteria Plan. To ensure compliance with applicable provisions of the internal Revenue Code, additional nondiscrimination testing and result verification must be undertaken by the Employer with the assistance of its tax or legal counsel. Ofse6mination testing should be conducted at least 180 days prior to the and of the Plan Year to which the data relates to ensure adequate time to make any required corrections. AFLAC will assist with discrimination testing no lass frequently than once per year and no more frequently than once every thirty (30) days. Form 5600 preparation: The Employer, upon submission of an annual Request for Farm 5500 Filing Assistance, Plan Sponsor and Cafeteria Plan Information Data Sheet, authorizes AFLAC to prepare a sample Form 5500 and applicable schedules based upon the information it provides regarding the company and its cafeteria plan. In consideration for this service, the Employer agrees to release and hold AF'LAC, Its predecessors, representatives, agents, associates, employoes, parent companies, substdiaries, affiliates, officers, directors, owners, shareholders. attorneys, successors, and assigns, harmless from any liability arising as a result of the provision of, or reliance upon such sample forms. In addition, the Employer understands and agrees that: AFIAC is not in the business of providing legal or tax advice, and Employer will not construe the completed sample 5500 forms to be legal or tax advice. Accordingly, the Employer should seek the advice of Its own tax or legal advisor to verify that the form was properly completed and all required information Included, and ensure compliance with all applicable regulations and requirements. The Employer bears sole rosponslbiiity for submitting the Form 5500 and alt appiicable schodules and the continued qualified status of its cafeteria plan under oft applicable provisions of the internal Revenue Code. The completed 5500 and attached schedules are provided by AFI.AC, upon request, for active FLEX ONeaccounts, merely as a service to help fulfill the filing requirements sot forth by Section 6039D of the internal Revenue Code for cafeteria plans. To ensure compliance with the applicable provisions of the Internal Revenue Code and ERISA guidelines, additional Information or filings may be required as it pertains to rather welfare benefit plans sponsored by the Employer/Plan Sponsor. Providing AFLAC with the Information needed to complete the Form 5500 does not constitute an actual filing with the Internal Revenue Service, The timely submission of the appropriate forms romalns the responsibility of the Emplayor. It AFLAC has been asked to prepare sample Form 5500s after the filing deridtine has passed, the Employer agrees to release and hold AFLAC, its predecessors, rupresonlatlves, agents, associates, employees, parent companies, subsidiaries, affiliates, officers, directors, owners, shareholders. attorneys, successors, and assigns, harmless from any liability arising as a result of the Inta filing of the forms. RSA O ..ADMINISTRATIVE SERVICES The #1 Provider of Cafeteria Plana Services F AFIAC; A(inilnislr.Itivc Sen•icea • FLUX UNIT' • A 5cn'icc ofAnuric:ui Family Lille Assurance Cunllmo)' ul'Culombu.r (AFIAC) 1 Worldwide Ileadquarters: 1932 X1'ynnlon ltnad • (:ultnuhtts, (icurgla 31991) • Phone* (84)(1) 323-5301 A•14091•G C. ADM1N1STRATIVh S>;RV1Cl'S TAt R! Providtr of c4f rma Non SMira Dear CYNTHIA BENDER: 11-01-02 Welcome to AFLACI"s FLEX ONEO, the #1 provider of cafeteria plan services! Enclosed in this packet are the documents necessary to establish a cafeteria plan with the assistance of FLEX ONEO. Please carefully review the Flexible Benefits Plan Document and Summary Plan Description to verify that all of the information regarding benefits offered, eligibility, plan administration and funding appear correctly. You should note that these documents are only sample documents typical of a plan intended to qualify as a Section 125 cafeteria plan with the terms and conditions thereof, and that they may need to be modified to conform to your individual circumstances. AFLAC has developed these documents with legal counsel and It Is AFI.AC's intent and belief that the documents In form satisfy the requirements of Code Section 125. However, AFLAC is not In the business of offering legal counsel or tax advice, and thus AFLAC cannot and does not make any representations about the legal or tax effect of these documents upon any particular employer. Therefore, it Is each employer's responsibility to determine, .with the assistance of the employer's own legal counsel, the suitability of these particular documents and the legal and lax effect of these plan documents upon the employer and its employees. Since AFLAC has no control over your subsequent modification andlor administration of the Plan, and the Internal Revenue Service will not render an opinion as to a plan's qualified status under IRS Code Section 125, AFLAC makes no representation (express or implied) as to your Plan's qualification under IRS Code Section 125 and related provisions as It Is adopted and subsequently amended. You as sponsoring employer bear sole responsibility for amending your plan (as necessary) to comply with future tax law changes, for meeting all reporting and disclosure requirements Imposed by applicable law, and for the daily administration of your plan. As such, we recommend you review the following Important Information: Important Compliance Issues Form 5500 Annual Reports - All employers that sponsor a cafeteria plan are required to file a Form 5500 annual report by the Internal Revenue Code. A separate Form 5500 may need to be filed to satisfy any ERISA Imposed obligations. ERISA filing obligations will arise whenever there are 100 or more participants in any particular benefit Plan or Policy. Failure to file a Form 5500 annual report could result in the imposition of fines by the IRS or Department of Labor (DOL). As set forth in the checklist of Plan Sponsor responsibilities Included in the Plan Document Request form, each plan sponsor is responsible for ensuring that it files any required Form 5500 returns. AFLAC will provide certain insurance information for Its coverage required for plan sponsors to complete Schedule A of their Form 5500 filing, This insurance Information will automatically be generated when there are 100 or more AFLAC policyholders in any type of AFLAC Insured product, and will also be provided to other plan sponsors upon request, Nondiscrimination Tasting is at the very core of the legal requirements imposed by Section 125 of the Internal Revenue Code. Each cafeteria plan sponsor must ensure that Its plan satisfies all applicable nondiscrimination requirements Imposed by the Internal Revenue Code. Failure to satisfy these requirements will cause adverse tax 94NO consequences to highly compensated employees and could possibly disqualify the plan. At a minimum, each plan now sponsor should undertake nondiscrimination testing near the beginning and end of each plan year, and whenever there is a substantial change In the participation and/or elections under the plan. Company Affiliations - If your company Is related to any other cornpany through stock ownership or otherwise (e.g., partnership, relatives owning other company, etc.), you may need to consider the employees of the affiliated r company for purposes of nondiscrimination testing even if the affiliated company does not adopt this plan, or adopts an entirely separate plan. In addition, If the requirements of IRS Code Section 414 (b), (c), (m) or (o) are satisfied, the employees of the affiliated company may be able to participate in this plan. You should consult with your tax advisor concerning the potential Impact of IRS Code Section 414(b), (c), (m) and (o). NO Certain Insurance Premiums,which cover the employee (or in the case of coverage other than life insurance, the Q° M employee and tax dependents/family) may be Included in the FLEX ONE Plan Documents if adopted as part of your benefits plan. These Include: -Group Term Life Insurance covering the employee (Eligible under IRS Code Section 79) that is equal to or i5 less than $50,000 (life insurance coverage on dependents is not eligible for pre-lax treatment); -Accidental Death and Dismemberment (ADBD) coverage; ° -Medical, Dental, Hospital Indemnity, Cancer Insurance, Vision, Hearing and other qualified accident and health premiums. Cgvlo! Please note: When including health, medical and disability Income policies within the FLEX ONES' Plan: Paying for coverage on a pre-tax basis may cause insurance benefit payments under medical coverage to be subject to federal and State taxes If benefit payments from all medical policiesiplans are In excess of medical expenses, Paying for disability Income policies with pre-tax premiums will cause the benefits payable thereunder to be taxable. Continuation of Coverage - Health benefits offered through a cafeteria plan may be subject to the continuation coverage provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA"). See Article XI of the plan document for more details. Continuation of Coverage During FMLA Leave - Health benefits (Including Health FSA benefits) and non-heatlh benefits offered through a cafeteria plan are subject to the continuation and reinstatement provisions of the Family and Medical Leave Act of 1993 ("FMLA"). Payment of contribulions'during the FMLA leave is subject to the regulations under Code Section 125. See Section 2.05 and 2.06 of this plan document for more details on coverage offered under the Plan during FMLA leave, Plan Administration and Maintenance Plan Document Maintenance - Each plan sponsor is responsible for reviewing the FLEX ONE18' Plan document to ensure that it is consistent with Its desired plan design and any legal requirements that may apply in its State, In addition, each plan sponsor Is responsible for updating and amending the plan to take Into account future plan design changes andtor legal requirements. For example, the Appendix of Benefits Plans or Policies should be reviewed (and updated as necessary) each plan year to ensure that it reflects current pre-tax benefit offerings and lists any eligible individual policy form numbers., FLEX ONE° will send you an Employer's Administration Manual which summarizes many of your responsibilities as Plan Administrator of your cafeteria plan. Summary Plan Description - All plan sponsors are required to give each eligible employee a copy of the Summary Plan Description. In order to inform employees of their election rights described In the Summary Plan Description, we recommend that you distribute the Summary Plan Description prior to the effective date of coverage. If an employer makes a change in the plan, the employer must provide the employees with a summary of the changes (a Summary of Material Modifications 'or (SMM)) within 60 days of the adoption of the change. Regulations require that the Summary Plan Description (SPD) display both the Employer Tax Identification (EIN) number and a Plan Identification Number (PIN). You should assign a PIN beginning with the number 501 (Item 4). If this Is the first ERISA plan number assigned, the PIN number will be 501. Otherwise, the PIN will be the next available number (e.g„ 502, 503, etc.). However, you and/or your plan administrator bear sole responsibility for administering the plan and fulfilling all reporting and disclosure obligations. (Note that while the Plan and related documents are copyrighted, AFtAC gives you Ihnited permission to copy the documents as necessary for distribution to your employees for use solely In the operation of your own cafeteria plan). Payroll Instructions will be thoroughly reviewed with you or your payroll speciollsl by your AFLAC representative. In general, however, any qualified pre-tax benefit (e.g., accident or health Insurance, up to $50,000 of group term life insurance coverage, medical or dependent care reimbursement) may be funded by employee salary redirection on a dollar for dollar basis. After-tax qualified benefits (e.g., cash or benefits treated like cash that do not defer the receipt of compensation) must be funded with employee contributions after taxes are withheld. Therefore, the amount redirected from an employee's salary for after-tax benefits will exceed the premium by the amount of applicable Federal, Stale, or local Income and employment taxes. You should check with your Insurance carriers to ascertain whether any particular coverage can be Included as a qualified benefit In a cafeteria plan. Employee Eligibility and Elgrtionfi New employees should be enrolled Into the Cafeteria Plan as they become eligible and satisfy any applicable waiting period by distributing a Summary Plan Description (SPD) and Salary Redirection Agreement to them at least thirty (30) days prior to their eligibility and notifying your AFLAC representative as to their eligibility. (Note: If your employees are eligible to participate as of the dale they commence employment, you need to distribute the SPD and Salary Redirection Agreement to them on their first day of work, and require that they enroll as soon as possible (generally during the next thirty (30) days)). Pre-tax benefit elections should only be effective prospectively after the election is made. Benefit Election Changes - Employees generally cannot change their election to participate in the Pre-tax Premium payment option or vary the Pre-tax Premiums they have selected. Employees may change their elections for Pre-tax Premiums only during the Annual Enrollment Period, and then, only for the coming plan year. There are several important exceptions to this general rule; employees may change or revoke their previous election for Pre-tax premiums during the plan year If they file a written request for change with the Plan Administrator within 30 days of any of the events described in Section 3,04(a)-(f) of the plan document and employees may be entitled to certain election changes when they commence and return from a FMLA leave as set forth in Section 2.05 and 2.06. C00A Due to the complexity of cafeteria plans, we recommend that you consult with your accountant, attorney or other tax advisor, concerning the plan provisions, administration and operation before executing the plan documents. Remember that your cafeteria plan will not be effective until your plan is adopted,' and the plan documents must be . signed PMOR TO THE EFFECTIVE DATE., If your plan -document is executed subsequent to the effective date, the IRS may attempt to challenge the qualified status of your plan. We recommend you retain any evidence you have that would establish your plan was adopted and Lnroilrnents.were completed prior to the effective date. In the event there ' have been no pre-tax deductions taken thus far, you may consider changing the start date of your cafeteria plan,. AFLAC will make its best efforts to provide; employers Information about developments concerning Section 125 plans. However, for reasons stated above, it Is the employer's responsibility to maintain the qualified status of the Section 125 ' . plan, In form and in operation, ' We value you as a customer of AFi.AC Administrative Services/FLEX ONE O, if you have any questions or If we may r be of further service, please call us toll-free at 1-800-323-5391. Our customer service specialists. are here to assist i you Monday through Friday from 8;30 a.m. to 7:00 p.m. Eastern Time., Please note that we also provide'24-hour access to your plan Information through our toll-free IVR system at 1-877-FLEX-IVR (1-877-353-9487). Sincerely, Robert M. Ottman ' ' Second Vice Prosldent AFLAC Administrative Services/FLEX ONE® • , . ? ? 1 Covlol 3 ' f ' earwater City of Cl Human 'Resources Department a; Plan Document.Effective January 1, 2003 INAPPLICABILITY OF ERISA The. City of-Clearwater, 'as d, governmental employer, is not subject to the Employee Retirement Income Security • Act of 1974 ("ERISA"). As a result, any reference to `: ERISA in the attached Plan document shall be.disregarded. TABLE OF CONTENTS FLEXIBLE BENEFITS PLAN PREAMBLE ARTICLE I DEFINITIONS 1.01 "Affiliated Employer' ' 1.02 "After-tax Premium(s) " 1.03. "Anniversary Date" 1.04. "Benefit Plan(s) or Pollcy(les) " 1.05 "Board of Directors" 1.06 "Change In Status" 1.07 "Code" 1.08 "Compensation" . 1.09 "Dependent". 1.10 "Dependent Care Expense Reimbursement" 1,11 ';Earned Income" ' 1.12 "Effective Dale" 1.13. "Eligible Employment Related Expenses" ' 1,14 "Eligible Medical Expenses" 1.15 "Employee" 116 "Employer" • 1.17 "ERISA" 1.18' "Highly Compensated Individual" 1.19 "Key Employee" . 1.20 "Medical Care Expense Reimbursement" 1.21 "Nonelective Contributions" 1.22 "Participant" 1.23 "Plan" 1.24 "Plan Administrator" or "committee" 1.25 "Plan Year" 1.26 "Pre-tax Premium(s)" ' 1.27 "Qualified Benefit". ' 1.28 "Qualifying Employment-Related Expenses" 1.29 "Qualifying Individual" 1.30 "Qualifying Services" 1.31 "Reimbursement Account(s) or Account(s)" 1.32 "Salary Redirection Agreement" 1.33 ' "Spouse" . 1.34 "Student" 1.35 "Trustee" ARTICLE II ELIGIBILITY AND PARTICIPATION 2.01 Eligibility to Participate 2.02. Entry Date 2,03 Termination of participation 2.04 Eligibility to Participate in Reimbursement Benefits 2.05 Qualifying Leave Under Family and Medical Leave Act 2,06 Nan-FMLA Leave of Absence ARTICLE III PREMIUM ELECTIONS 3.01 Election of Premiums ® 3.02 Initial Election Period ® 3.03 Annual Election Period i i . 3.04 Change of Prem um Elect on 3.05. Termination of Election i? ;. ® ARTICLE N PREMIUM PAYMENTS AND CREDITS AND DEBITS TO ACCOUNTS ' „ 4,01 of Premium Payments Source 4.02 Allocations Irrevocable During Plan Year 4,03 Reduction of Certain Elections to Prevent Discrimination ® 4.04 Medical Care Expense Reimbursement 4.05 Dependent Care Express Reimbursement ® ARTICLE V BENEFITS 5.01 Qualified Benefits 5,02 Cash Benefit 5.03 Repayment of Excess Reimbursements d 5,04 Termination of Reimbursement Benefits 5,05 COBRA Coverage 3 3 3 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 .4 5 5 5 5 5 5 5 5 5 5 5 5 5 6 6 6 6 6 7' 7 9 9 9 9 10 10 10 10 10 11 11 11 11 PIa lxluo ARTICLE Vi PLAN ADMINISTRATION 11 6.01 Allocation of Authority 11 6.02 Payment of Administrative Expenses 12 6.03 Reporting and Disclosure Obligations 12 6.04 indemnification 12 6.05 Substantiation of Expenses 12 6.06 Reimbursement 12 6.07 Annual Statements 12 ARTICLE VII, FUNDING AGENT 12 7.01 Funding of the Plan 12 ' 7.02 The Employer as Funding Agent 12 7.03 Trust as Funding Agent 12 ARTICLE VII I CLAIMS PROCEDURES 12 . 8.01. Application to Plan Benefits 12 8,02 Procedure If Benefits are Denied Under the Plan 13 8.03 Requirement for Written Notice of Claim Denial 13 8.04 Right to Request blearing on Benefit Denial 13. 8.05 Disposition of Disputed Claims 1 13 . ARTICLE IX AMENDMENT OR TERMINATION OF PLAN .13 9.01 Permanency 13 9.02 Employer's Right to Amend 13 9.03 Employer's Right to Termination 13 9.04 Determination of Effective Date of Amendment or Termination 13 t ARTICLE X GENERAL PROVISIONS 13 .. 10.01 Not an Employment Contract 13 10,02 Applicable Laws 13 10.03 Post-Mortem Payments 14 10.04 Nonallenation of Benefits 14 10.05 .Mental or Physical Incompetency 14 10.06 , Inability to Locate Payee ' 14 " '10.07 Requirement for Proper Forms 14 10.08. Source of Payments 14 10.09 Multiple Functions 14. 10.10 Tax Effects 14 10.11 Gender and Number 14 10.12 Headings 14 10.13 Incorporation by Reference 14 . 10.14 Severability 14 10.15 Effect of Mistake 14 10,16 Provisions Relating to Insurers 14 10.17 Forfeiture of Unclaimed Reimbursement Account Benefits 15 ARTICLE X1 CONTINUATION COVERAGE UNDER COBRA 15 ' 11.01 Continuation Coverage After Termination of Normal Participation 15 11.02 Who Is a "Qualified Beneficiary" 15 . 11.03 ' . Who Is not a "Qualified Beneficiary" 15 11.04 'What is a "Qualifying Event" 15 11,05 "COBRA not applicable to Certain Health Care Expense Account Participants 15 11.06 What Benefit Is Available Under Continuation Coverage 16 ". 11,07. Notice Requirements . 16 11.08 Election Period 16 ' 11.09 Duration of Continuation Coverage 16 11.10 Automatic Termination of Continuation Coverage 16' Adoption Agreement 17 Resolution Adapting a Flexible Benefits Plan 20 2 Randoc PREAMBLE The Employer hereby establishes a Flexible Benefits Plnn ("Plan") for Its Employees for purposes of providing eligible Employees with the opportunity to choose from among the fringe benefits avallablo under the plan. The Plan Is intended to qualify as a cafeteria plan under the provisions of Code Section 125. The Dependent Cnre Expense Reimbursement Plan ("DDC") Is Intended to qualify as a Code Section 129 dependent care assistance plan. and the Medical Care Expense Reimbursement Plan ("Health FSA") is intended to qualify as a Code Section 105 medical expense reimbursement plan. Although printed within this document, the DDC and Health FSA Plans are separate written plans for purposes of administration and all reporting and nondiscrimination requirements imposed by Sections 105 and 129 of the Code and all applicable provisions of ERISA. The DDC and Medical Care Expense Reimbursement Plans are available only If designated an the Adoption Agreement. FLEXIBLE BENEFITS PLAN ARTICLE I DEFINITIONS 1.01 'Affiliated Employer" means any Employer within the context of Code Section 414(b), (c), or (m) of the Code which will be treated as a single employer for purposes of Code Section 125. 1.02 "After-tax Premium(s)" means amounts withheld from an Employee's Compensation pursuant to n Salary Redirection Agreement to purchase coverages available under the Adoption Agreement on an after-tax basis, 1.03 "Anniversary Data" means the first day of any Plan Year. 1.04 "Benofit Plan(s) or Policy(ies)" means those Qualified Benefits available to a Participant under the Adoption Agreement. Where a Benefit Plan or Policy is made available through an individual insurance policy, the insurer(s) and policy form numbers shall be listed in Appendix A. 1.05 "Board of Directors" means the Board of Directors of the Employer. The Board of Directors, upon adoption of this Plan, appoints the Committee to act on the Employer's behalf in all matters regarding the Plan, 1.08 "Change in Status" means any of the events described below, as well as any other events Included under subsequent changes to Code Section 125 or regulations Issued under Code Section 125 which the Plan Administrator (in its sole discretion) decides to recognize on a uniform and consistent basis: (a) Legal Marital Status: A change In a Participant's legal marital status, Including marriage, death of a Spouse, divorce, legal separation or annulment; (b) Change In Number of Tax Dependents (as defined In Section 1.49): A change 'in the Participant's number of tax Dependents, Including the birth of a child, the adoption or placement for adoption of a Dependent, or the death. of a Dependent ' (c) Change In Employment Status: Any change in employment status of the Participant, the Participant's Spouse or the Participant's Dependents that affects benefit eligibility under a cafeteria plan (including this Plan or other employee benefit plans (including the Benefit Plan(s) or Policy(les) of the employer of the Participant, the Spouse or Dependents), such as: termination or commencement of employment; a strike or lockout; a commencement of or return from an unpaid leave of absence; a change in worksite; switching from salaried to hourly paid; union to non union; or part-lime to full-lime; incurring a.reduction or Increase in hours of employment; or any other similar change which makes the individual become (or cease to be) eligible for a particular employee benefit, (d) Dependent Eligibility Requirements: An event that causes a Participant's Dependent to satisfy or cease to satisfy the Dependent eligibility requirements for a particular benefit, such as attaining a specified age, getting married, or ceasing to be a Student. (e) Change in Residence: A change In the place of residence of the Participant, the Participant's Spouse or the Participant's Dependent. 1.07 "Code" means the Internal Revenue Code of 1986, as amended. ® 1.08 "Compensation" means the cash wages or salary paid to an Employee by the Employer. 1.09 "Dependent" means any Individual who Is a tax dependent of the Participant as defined In Code Section 152(x), or who Is determined to be an alternative recipient of a Plan Participant under an order determined to be a qualified medical child support order (QMCSO) by the Plan Administrator, provided however, that in the case of a divorced Employee: i) Dependent shall be defined ® as In Code Section 21(e)(5) (e,g., dependent of the parent with the custody) for purposes of the Dependent Care Expense Account Plan; and ii) for purposes of accident or health coverage, a child shall be considered a dependent of both parents. ® 110 "Dopondent Care Expanse Reimbursement" shall have the meaning assigned to it by Section 5.01(c) of the Plan. i? 1.11 "Earned Income" means all income derived from wages; salaries, tips, self-employment, and other Compensation (such as ® disability or wage continuation benefits), but only if such amounts are includible In gross Income for the taxable year. Earned income does not include (a) any amounts received pursuant to any Dependence Care Reimbursement Plan established under Code ® 129; or (b) any other amounts excluded from earned Income under Code 32 (c)(2), such as amounts received under a pension or annuity, or pursuant to workers' compensation. r illlt® G r 3 plandoc 1.12 "Effective Date" means the effective date of the Plan specified In the Adoption Agreement. 1.13 "Eligible Employment Related Expenses" means those Qualifying Employment-Refuted Expenses (as defined below) paid or incurred Incident to maintaining employment after the date of the Employee's participation in the Dependent Care Expense Reimbursement Plan and during the Plan Year, other than amounts paid to: (a) an individual with respect to whom a Dependent deduction is allowable under Code Sec. 151(a) to the Participant or Spouse; or (b) the Participant's Spouse; or (c) a child of the Participant who is under 19 years of age at the end of the year In which the expenses were Incurred, 1.14 "Eligible Medical Expenses" means those expenses Incurred by the Employee, or the Employee's Spouse or Dependents after the date of the Employee's participation In the Medical Care Expense Reimbursement Plan and during the Plan Year otherwise allowable as deductions under Code Sec. 213 (without regard to the limitations contained in Sec. 213(a)), but shall not include; 1) expenses for qualified long term care services (as defined in Code 7702B(c)); or ii) an expense incurred for the payment of premiums under a health insurance plan. For purposes of this Plan, an expense is "Incurred" when the Participant or beneficiary is furnished the medical care or services giving rise to the claimed expense. 1.15 "Employee" means any individual who Is considered to be in a legal employer-employee relationship with the Employer for Federal withholding tax purposes, Such term includes "former employees" for the limited purpose of allowing continued eligibility for benefits hereunder for the remainder of the Plan Year In which an employee ceases to be employed by the Employer. The term "Employee" shall not Include any leased employee (as defined in Code Section 414(n)) or any self employed Individual who receives from the Employer "net earnings from self employment" within the meaning of Code Section 401(c)(2) unless such Individual is also an Employee. 1.16 "Employer" means the organization(s) named In the Adoption Agreement provided, however, that when the Plan provides that the Employer has certain power (e,g., the appointment of a Plan Administrator, entering Into a contract with a third party insurer, or amendment or termination of the plan) the term "Employer" shall mean only that entity named on the first line of the Adoption Agreement, and not any Affiliated Employer. Affiliated Employers who sign the Adoption Agreement shall be bound by the Plan as adopted and subsequently amended unless they clearly withdraw from participation herein. 1.17 "ERISA" shall mean the Employee Retirement Income Security Act of 1974, as amended. 1.113 "Highly Compensated Individual" means an Individual defined under Code Section 125(e), 129(d)(2), or 105(h)(5), as amended, as a "highly compensated individual" or a "highly compensated employee". 1.19 "Key Employee" means an individual who is a "key employee" as defined In Code Section 125(b)(2), as amended. 1.20 "Medical Care Expense Reimbursement" shall have the meaning assigned to it iffy Section 5,01(b) of the Plan. 1.21 "Nonoloctivo Contribution(s)" means any amount which the Employer In Its sole discretion may contribute on behalf of each Participant to provide benefits for such Participant and his or her Dependents, if applicable under Plan, The amount of Noneffective Contribution for each Participant may be adjusted upward or downward In the contributing Employer's sole discretion. The amount shall be disclosed in Participant enrollment materials and shall be calculated for each Plan year In a uniform and nondiscriminatory manner based upon the Participant's dependent status, commencement or termination date of the Participant's employment during the Plan Year, and such other factors as the Employer shall prescribe. Except as otherwise provided In the Adoption Agreement, In no event will any Nonelective Contribution be disbursed to a Participant if the cost of the benefit(s) elected Is less than the Nonelective Contribution allocable thereto. Any excess shall be returned to the Employer. 1.22 "Participant" means an Employee who becomes a Participant pursuant to Article II. 1.23 "Plan" means the Adoption Agreement, the Flexible Benefits Plan and (if applicable) the related Trust created by this document. 1.24 "Plan Administrator" or "committee" means the person(s) appointed by the Employer with authority and responsibility to manage and direct the operation and administration of the Plan. If no such person Is named, the Plan Administrator shall be the Employer. 1.25 "Plan Year" means the twelve month period specified In the Adoption Agreement provided, however, that a period of less than twelve months may be a Plan Year for the initial Plan Year, the final Plan Year, and a transition period to a different Plan Year, 1.26 "Pro-Tax Premlum(s)" means any amount withhold from the Employee's Compensation pursuant to a Salary Redirection . Agreement which is Intended to be paid on a pre-tax basis. This amount shall not exceed the premiums attributable to the most costly Benefit Plan or Policy options afforded hereunder, and for purposes of Code Section 125, shall be treated as an Employer contribution (this amount may, however, be treated as an Employee contribution for purposes of Slate insurance laws), 1.27 "Qualified Benefit" means any benefit excluded from the Employee's taxable income under Chapter 1 of the Code (other than Sections 106(b), 117, 124, 127, or 132), and any other benefit permitted by the Income Tax Regulations (i.e., any group-term life insurance coverage that Is Includable In gross income by virtue of exceeding the dollar limitation on nontaxable coverage under Code Sec, 79). Long-term care insurance Is not a "Qualified Benefit". 4 Plandoc 1.28 "Qualifying Employment-Related Expenses" means those expenses that would be considered to be employment-related expenses under Section 21(b)(2) of the Code (relating to expenses for household and dependent care services necessary for gainful employment) if pald for by the Employee to provide Qualifying Services. 1.29 "Qualifying Individual" means: (a) a Dependent of the Participant who Is under the age of thirteen (13); or (b) a Dependent of a Participant who is mentally or physically Incapable of caring for himself or herself; or (c) the Spouse of a Participant who Is mentally or physically Incapable of caring for himself or herself. 1.30 "Qualifying Services" means services relating to the care of a Qualifying Individual that enable the Participant or Spouse to remain gainfully employed which are performed: (a) in the Participant's home; or (b) outside the Participant's home for ( 1 ) the care of a Dependent or the Participant who is underage 13, or (2) the care of a n y other Qualifying Individual who resides at least eight (8) hours per day in the Participant's household. If the expenses are incurred for services provided by a dependent care center (i.e., a facility that provides care for more than 6 individuals not residing at the facility), the center must comply with all applicable State and local laws and regulations. 1.31 "Reimbursement Account(s) or Account(s)" shall be the funding mechanism by which amounts are withheld from an Employee's Compensation and retained for future Medical Care Expense Reimbursement or Dependent Care Expense Reimbursement. These amounts may either be retained by the Employer, sent to a third party plan administrator, and/or kept In trust Far Employees. No money shall actually be allocated to any Individual Participant Account(s); any such Account(s) shall be of a memorandum nature, maintained by the Administrator for accounting purposes, and shall not be representative of any Identifiable trust assets. No Interest will be credited to or paid on amounts credited to the Participant Account(s), 1.32 "Salary Redirection Agreement" means the actual or deemed agreement pursuant to which an eligible Employee or Participant enrolls in the specific component Benefit Plans or Policies with Pre-tax Premiums or After-tax Premiums In accordance with Article ill. If the Employer utilizes an electronic (e.g., electronic signature pad or digitized signature) or Interactive voice response (IVR) system for enrollment, the Salary Redirection Agreement may be maintained on an electronic database. 1.33 "Spouse". means an individual who Is legally married to a Participant and who Is treated as a Spouse under the Code, but for purposes of the Dependent Care Expense Reimbursement Plan provisions, shall not include an individual legally separated from the Participant under a divorce or separate maintenance decree, nor shall It include an individual who, although married to the Participant, files a separate Federal income tax return, maintains a separate, principal residence from the Participant during the last six months of the taxable year, and does not furnish more than one-half of the cost of maintaining the principal place of abode of the Qualifying Individual. 1.34 "Student" means an Individual who, during each of five (5) or more calendar months during the Plan Year, is a full time student at any college or university, the primary function of which is the conduct of formal Instruction, and which routinely maintains a regular faculty and curriculum and normally has an enrolled student body in attendance at the location where its educational activities are regularly presented. 1.35 "Trustee" (if applicable) means the person(s) or institution (and their successors) named on the signature page attached hereto, who have assented to being so named by their signature to this Agreement, otherwise empowered to hold and disburse the funds that are created hereunder. ARTICLE II ELIGIBILITY AND PARTICIPATION 2,01 Eligibility to Participate. Each Employee who meets the criteria set forth in the Adoption Agreement shall be eligible to participate In the Plan as of any applicable Entry Date, Eligibility for the benefits elected In the Adoption Agreement shall be subject to the additional requirements, if any, specified in the applicable Benefit Plan or Policy. The provisions of this Article are not Intended to override any eligibility requirement(s) or waiting period(s) specified in the applicable Benefit Plans or Policies. > 2.02 Entry Date. Each eligible Employee shall become a Participant In the Plan on the Entry Date specified In the Adoption Agreement provided that he or she has satisfied the requirements of the Adoption Agreement. t? 2.03 Termination of Participation. Participation shall terminate on the earliest of: 1) the date an Employee ceases to be an ? Employee (except as otherwise provided In Section 3.05 for "COBRA coverage"); Ii) when an Employee ceases to meet the eligibility RPM requirements of Section 2.01 of this Plan, III) the date this Plan is amended to exclude the Employee or Is terminated; Iv) the effective date of the Employee's election not to participate pursuant to Sections 3.03 or 3.04. Subject to any specific limitations for any particular benefit which the Participant has elected: (a) participation shall be continued during a leave of absence for which the Participant continues to receive a salary from his or her employer and (b) participation shall be suspended during an unpaid leave of absence. REM 2.04 Eligibility to Patticipato in Reimbursement Benefits, An Employee, who Is otherwise an Eligible Participant pursuant to Sections 2.01 and 2.02 shall be eligible to receive Medical and/or Dependent Care Expense Reimbursements (if selected by the Employer in the Adoption Agreement) If: 1) the additional Eligibility criteria (if any) set forth in the Adoption Agreement for the r Reimbursement benefits have been satisfied; and II) a Salary Redirection Agreement Is properly executed and submitted on which ® the aforementioned benefit(s) have been selected. T cJ flandOC 2.05 Qualifying Leave Under Family and Medical Leavo Act. (a) Health Benefits. Notwithstanding any provision to the contrary In this Plan, If a Participant goes on a qualifying leave under the Family and Medical Leave Act of 1993 (FMLA), then to the extent required by the FMLA, the Employer will continue to mnintaln the Participant's health Insurance benefits and Medical Expense Reimbursement Benefits (if offered under the Plan as set forth on the Adoption Agreement) on the same terms and conditions as if the Participant were still an active Employee. That is, if the Participant elects to continue his or her coverage while on leave, the Employer will continue to pay its share of the contribution. An Employer may elect to continue coverage for Participants while they are on paid leave (provided Participants on non-FMLA paid leave are required to continue coverage). In the event of unpaid leave (or paid leave where coverage Is not required to be continued), a Participant may elect to continue his or her coverage under the Premium Payment and/or Medical Expense Reimbursement Components during the FMLA leave. if the Participant elects to continue coverage while on leave, then the Participant may pay his or her share of the contribution in one of the following ways: (1) with After-tax Premiums, by sending monthly payments to the Employer by the due date established by the Employer; (Ii) with Pre-tax Premiums, by having such amounts withheld from his ongoing Compensation (if any) or pre-paying all or a portion of the contribution for the expected duration of the leave as a pre-tax Salary Redirection basis out of pre4eave Compensation. To pre-pay the contribution, the Participant must make a special election to that effect prior to the date that such Compensation would normally be made available (pre-tax dollars may not be used to fund coverage during the next Plan Year); or (iii) under another agreement agreed upon between the Participant and the Administrator (e.g., the Administrator may fund coverage during the leave and withhold "catch-up" amounts upon the Participant's return on a pre-tax or after-tax basis). If the Employer requires all Participants to continue coverage during the leave, the Participant may elect to discontinue the Participant's required premium until the Participant returns from leave, Upon return from leave, the Participant will be required to repay the contribution not paid by the Participant during the leave. Payment shall be withheld from the Participant's Compensation either on a pre-tax or after-tax basis_ as may be agreed upon by the Administrator and the Participant. If a Participant's coverage ceases while on FMLA leave (e.g,, for non-payment of required premium), the Participant will be permitted to re-enter the Plan upon return from such leave on the same basis as the Participant was participating in the Plan prior to the leave, or otherwise required by the FMLA. Employees whose coverage terminated during the leave may be automatically reinstated provided that coverage for Employees on non-FMLA leave is automatically reinstated upon return from leave, Notwithstanding the preceding sentence, with regard to Medicat Care Expense Reimbursement Benefits, a Participant whose coverage ceased will be entitled to elect whether to be reinstated in the Medical Expense Reimbursement Benefit at the same coverage level as in effect when coverage ceased due to the FMLA leave (with Increased contributions for the remaining period of coverage) or at a Medical Care Expense Reimbursement coverage level reduced pro-rata for the period of FMLA leave during which the Participant did not make contributions. Under no circumstances will reimbursements be made for claims Incurred while Medical Care Expense Reimbursement coverage is not in effect. (bJ Non-Health Benefits. If a Participant goes on a qualifying leave under the FMLA, entitlement to non-health benefits, such as Dependent Care Reimbursement Benefits (If offered under the Plan as set forth in the Adoption Agreement), is to be determined by the Employer's policy for providing such Benefits when the Participant Is on non-FMLA leave, as described In Section 2.06. If such policy permits a Participant to discontinue contributions while on leave, the Participant will, upon returning from leave, be required to repay the contributions not paid by the Participant during the FMLA leave. 2.06 Non-FMIA Leave of Absence. If a Participant goes on an unpaid leave of absence that does not affect eligibility, then the Participant will continue to participate and the contributions due for the Participant will be paid by pre-payment before going on leave, by After-tax Premiums while on leave, or with catch-up contributions after the leave ends, as may be determined by the Administrator. If a Participant goes on an unpaid leave that affects eligibility, the election change rules in Section 3.04 will apply, if such policy permits a Participant to discontinue contributions while on leave, the Participant will, upon returning from leave be required to repay the contributions not paid by the Participant during the leave. ARTICLE III PREMIUM ELECTIONS 3.01 Election of Premiums. A Participant may elect any combination of Pre-tax Premiums or After-tax Premiums to fund any Benefit Plan or Policy available under the Adoption Agreement, provided however, that only Qualified Benefits (other than group term life Insurance coverage In excess of $50,000) may be funded with Pre-tax Premiums. Participants may also be permitted to elect additional cash compensation by opting out of certain coverages to the extent described in the Adoption Agreement under "Opt-Out Option". 3.02 Initial Election Period. (a) Currently Ellglbla Employees. An Employee who Is eligible to become a Participant in this Flexible Benefits Plan as of the Effective Date must complete, sign and file a Salary Redirection Agreement with the Plan Administrator during the election period (as specified. by the Plan Administrator) immediately preceding the Effective Date In order to become a Participant on the Effective Date. The elections made by the Participant on this Initial Salary Redirection Agreement shall be effective, subject to Section 3.04, for the Plan Year beginning on the Effective Date. (b) Now Employees and Employees who have not yet satisfied the Flexible Benefit Plan's waiting period. An employee who becomes eligible to become a Participant In this Flexible Benefits Plan after the Effective Date must complete, sign and file a Salary Redirection Agreement with the Plan Administrator during the sixty (60) day period prior to the day the Employee first becomes eligible to participate In this Plan. If an employee Is eligible to participate in this Flexible Benefits Plan on the date he Is first hired, a Salary Redirection Agreement must be completed, signed, and filed with the Plan Administrator within thirty (30) days from the dale of hire, Except as provided in Section 3.04(b) for HIPAA special enrollment rights In the event of birth, adoption, or placement for adoption, the elections made by the Participant on this Initial Salary Redirection Agreement shall be prospectively effective as of the first pay period coinciding with or Immediately following the date that the Salary Redirection Agreement is filed (or If later, the date of the employee's eligibility under the Flexible Benefits Plan) and, subject to Section 3.04, ending on the last day of the Plan Year In which such participation began. Coverage under the component Benefits Plan or Policies will be effective in accordance with the eligibility requirements contained In such Benefits Plans or Policies. 6 Plandoc (c) An eligible Employee who fails to complete, sign and file a Salary Redirection Agreement with the Plan Administrator In accordance with paragraph (a) or (b) above during an initial election period may become a participant on a later date in accordance with Section 3.03 or 3.04. 3.03 Annual Election Period. Each Employee who is a Participant In this Plan or who is eligible to become a Participant In this Plan shall be notified, prior to each Anniversary Date of this Plan, of his right to become a Participant In this Pion, to continue participation in this Plan, or to modify or to cease participation in this Plan, and shall be given a reasonable period of time in which to exercise such right. Such period of time shall be known as the "annual election period". An Election shall be made by submitting a Salary Redirection Agreement to the Plan Administrator during the election period, and shall be effective for the entire Plan Year beginning on the Anniversary Date. A Participant or Employee who fails to complete, sign and file a Salary Redirection Agreement as required by this Section 3.03 shall be deemed to have elected to continue the same coverage's under the Benefit Plans or Policies funded by the same election (e.g., either Pre-tax Premiums or After-tax premiums adjusted to reflect any increase or decrease in premiunVcost) then in effect for such Participant or Employee. Notwithstanding the foregoing, annual elections for participation in the Medical Care and Dependent Care Expense Reimbursement Plans must be made by submitting a Salary Redirection Agreement prior to the beginning of each Plan year -- no deemed elections shall occur under such Plans. 3.04 Change of Premium Election. A Participant shall not make any changes to the Pre-tax Premium amount elected under the Plan, or to the Participant's elected allocation of Nonelective Contributions (if applicable), except for election changes permitted under this section 3.04, 2.04, 3,03 and 3.05 herein. Except as provided In Secllon 3.04(b) for HIPAA special enrollment rights In the event of birth, adoption, or placement for adoption, all election changes shall be effective on a prospective basis only (i.e., election changes will become effective no earlier than the first day of the first pay period coinciding with or Immediately following the dale that the election change was filed, but,, as determined by the Plan Administrator, election changes may become effective later to the extent the coverage in the applicable component plan commences later). (a) Change In Status. A Participant may change his or her actual or deemed election under the Plan upon the occurrence of a Change In Status (as defined in Section 1.06), but only if such election change is made on account of and corresponds with a Change in Status which affects eligibility for coverage under a plan of the Employer or a plan of the Participant's Spouse's, or the Participant's Dependent's employer (referred to as the general consistency requirement). A Change In Status that affects eligibility for coverage under an employer's plan Includes a Change In Status that results In an increase or decrease in the number of an Employee's family members (I.e., a Spouse and/or Dependents) who may benefit from the coverage, The Plan Administrator (in Its sole d'scretion) shall determine, based on prevailing IRS guidance, whether a requested change Is on account of and corresponds with a Change in Status, Assuming the general consistency requirement is satisfied, a requested election change must also satisfy the following specific consistency requirements in order for a Participant to be able to alter his or her election based on the specified Change In Status: (1) Loss of Dependent Eligibility. For a Change in Status involving a Participant's divorce, annulment or legal separation from a Spouse, the death of a Spouse or Dependent, or a Dependent ceasing to satisfy the eligibility requirements for coverage, a Participant may only elect to cancel accident or health insurance coverage for the Spouse involved in the divorce, annulment, or legal separation, the deceased Spouse or Dependent, or the Dependent that ceased to satisfy the eligibility requirements. Canceling coverage for any other individual under these circumstances would fall to correspond with that Change In Status. Notwithstanding the foregoing, if the Participant's Spouse (but not a former Spouse) or the Participant's Dependent becomes eligible for COBRA (or similar health plan continuation coverage under State law) under the Employer's Plan, the Participant may increase his or her election to pay for such coverage. (2) Gain of Coverage Eligibility Under Another Employer's Plan. For a Change In Status in which a Participant, a Participant's Spouse, or a Participant's Dependent gains ellgibllity for coverage under another employer's cafeteria plan (or another employer's qualified benefit plan) as a result of a change in marital status or a change In employment status, a Participant may elect to cease or decrease coverage for that Individual only if coverage for that individual becomes effective or Is increased under the other employer's plan. „?.. (3) Special Consistency Rule for Dependent Care Expense Reimbursement Plans. With respect to the Dependent Care Expense Reimbursement benefit when offered by the Plan, a Participant may change or terminate his or her election upon a Change In Status: (i) if such change or termination Is made on account of and corresponds with a ' s plan; or (li) the election change is on account Change In Status that affects eligibility for coverage under an employer of and corresponds with a Change in Status that affects eligibility of dependent care expenses for the tax exclusion available under Code Section 129, (4) Spacial Consistency Rule for Group Term Life Insurance, Disability and Dismemberment Coverage. For any Change In Status, a Participant may elect either to Increase or to decrease group-term life Insurance, disability coverage, or accidental death and dismemberment coverage offered under the Plan, ' ' (b) s Dependent is entitled to s Spouse or a Participant HIPAA Special Enrollment Rights. If a Participant, a Participant special enrollment rights under a group health plan as required by HIPAA under Section 9801(f) of the Code, then a Participant may revoke a prior election for group health plan coverage and make a new election (including an election IBM for Medical Care Expense Reimbursement) provided that the election change corresponds with such HIPAA special M enrollment right, As required by HIPAA, a special enrollment right will arise if: M (1) A Participant or Spouse or Dependent declined to enroll In group health plan coverage because he or she had other EME coverage and eligibility for such other coverage Is subsequently lost due to legal separation, divorce, death, termination ?- of employment, reduction in hours, exhaustion of the maximum COBRA period, .or the other coverage was non-COBRA r coverage and employer contributions for such coverage were terminated; or L 7 P13MOC s (2) A new Dependent is acquired as a result of marriage, birth, adoption, or placement for adoption. An election to add previously eligible Dependents as a result of the acquisition of a new Spouse or Dependent child shall be considered to b e consistent with the special enrollment right. An election change on account of a HIPAA special enrollment attributable to the birth, adoption, or placement for adoption of a new Dependent child may, subject to the provisions of the underlying group health plan, be effective retroactively (up to 30 days). (c) Certain Judgments, Decrees and Orders. If a judgment, decree, or order (an "Order") resulting from a divorce, legal separation, annulment or change in legal custody (including a qualified medical child support order) requires accident or health coverage (including an election for Medical Care Expense Reimbursement) `or a Participant's Dependent child (Including a foster child who is a Dependent of the Participant), a Participant may: (i) change his or her election to provide coverage for the Dependent child (provided that the Order requires to the Participant to provide coverage), or (ii) change his or her election to revoke coverage for the Dependent child If the Order requires that another individual (Including the Participant's Spouse or former Spouse) provide coverage under that individual's plan and such coverage is actually provided. (d) Medicare and Medicaid. If a Participant, a Participant's Spouse, or a Participant's Dependent who is enrolled in a health or accident plan under this Plan becomes entitled to Medicare or Medicaid (other than coverage consisting solely of benefits under Section 1928 of the Social Security Act providing for pediatric vaccines), the Participant may prospectively reduce or cancel the health or accident coverage (including an election for Medical Care Expense Reimbursement) of the person becoming entitled to Medicare or Medicaid. Further, if a Participant, a Participant's Spouse, or a Participant's Dependent who has been entitled to Medicare or Medicaid loses eligibility for such coverage, the Participant may prospectively elect to commence or increase the accident or health coverage (including an election for Medical Care Expense Reimbursement) of that Individual who loses Medicare or Medicaid eligibility. (e) Change in Cost. The following rules are not applicable to Medical Care Expense Reimbursement Accounts under the Plan: (1) Increase or Decrease for Insignificant Cost Changes, Participants are required to increase their elective contributions (by increasing salary redirections or decreasing cash-out amounts, if applicable) to reflect insignificant Increases In their required contribution for their Benefit Plan(s) or Policy(les) and decrease their elective contributions to reflect insignificant decreases in their required contribution. The Plan Administrator In Its sole discretion on a uniform and consistent basis will determine whether an Increase or decrease is Insignificant based upon all the surrounding facts and circumstances, including, but not limited to, the dollar amount or percentage of the cost change. The Plan Administrator, on a reasonable and consistent basis, will automatically effectuate this Increase or decrease in affected employees' elective contributions on a prospective basis. (2) Significant Cost Increases. K the Plan Administrator determines that the cost charged to an Employee of a Participant's Benefit Plan(s) or Pollcy(les) significantly Increases during a Plan Year, the Participant may either: (1) make a corresponding prospective Increase in his or her elective contributions (by increasing salary redirections or decreasing cash-out amounts, if applicable), (11) revoke his or her election for that coverage, and In lieu there of, receive on a prospective basis coverage under another Benefit Plan or Policy that provides similar coverage, or (111) drop coverage prospectively If there is no other Benefit Plan or Policy available that provides similar coverage. The Plan Administrator (in Its sole discretion) will decide, In accordance with prevailing IRS guidance, on a uniform and consistent basis, whether a cost Increase is significant. (3) Significant Cost Decreases. If the Plan Administrator determines that the cost of any Benefit Plan or Policy significantly decreases during a Plan Year, the Plan Administrator may permit the following election changes: (1) Participants who are enrolled in a Benefit Plan or Policy other than the Benefit Plan or Policy that has decreased in cost may change their election on a prospective basis to elect a Benefit Plan or Policy that has decreased in cost, and (ii) Employees who are otherwise eligible under Section 2.01 may elect the Benefit Plan or Policy that has decreased In cost on a prospective basis, subject to the terms and limitations of the Benefit Plan or Policy. The Plan Administrator (in its sole discretion) will decide, In accordance with prevailing IRS guidance and on a uniform and consistent basis, whether a cost decrease is significant. (4) Limitation on Change in Cost Provisions for Dependent Care Expense Reimbursement. The above "Change in Cost" provisions apply to Dependent Care Expense Reimbursement only if the cost change Is imposed by a dependent care provider who Is not a "relative" of the employee (as referenced in 1.125-4(f)(2)(iv)). (f) Change In Coverage. The following rules are not applicable to Medical Care Expense Reimbursement Accounts under the Plan: (1) Signiflcant Curtailment. If coverage Is "significantly curtailed" (as defined in subsection (1) below) Participants may elect similar coverage. In addition, as set forth In subsection (li) below, if the coverage curtailment results in a "Loss of Coverage" (as defined in subsection (111) below), Participants may drop coverage if no similar coverage is available. The Plan Administrator (in its sole discretion) will decide, in accordance with prevailing IRS guidance, on a uniform and consistent basis, whether a curtailment is "significant", and whether a Loss in Coverage has occurred: (i) Significant Curtailment Without Loss of Coverage. If the Plan Administrator determines that a Participant's coverage under a Benefit Plan or Policy under this Plan (or the Participant's Spouse's . or Dependent's coverage under his or her employer's plan) is significantly curtailed without a Loss of Coverage (for example, when there is a significant increase in the deductible, the co-pay, or the out-of-pocket cost sharing limit under an accident or health plan) during a Plan Year, the Participant may revoke his or her election for the affected coverage, and in lieu thereof, prospectively elect coverage under another Benefit Plan or Policy that provides similar coverage. Coverage under a plan is deemed "significantly curtailed" only if there is an overall reduction in coverage provided under the Plan so as to constitute reduced coverage generally. (ii) Significant Curtailment With a Loss of Coverage. If the Plan Administrator determines that a Participant's Benefit Plan or Policy under this Plan (or the Participant's Spouse's or Dependent's coverage under his or her employer's plan) is significantly curtailed, and such curtailment results in a Loss of Coverage during a Plan Year, the Participant may revoke his or her election for the affected coverage, and may either prospectively Kindoc elect' coverage under another Benefit Plan or Policy that provides similar coverage, or drop coverage If no other Benefit Plan or Policy providing similar coverage is available. (Ili) For purposes of this Section 3.04(f)(1), a "Loss of Coverage" means n complete loss of coverage (Including the elimination of a Benefit Plan or Policy, an HMO ceasing to be available where the Participant, Participant's Spouse or Dependent resides, or a Participant, Spouse or Dependent losing all coverage under the Benefit Plan or Policy by reason of an overall lifetime or annual limitation). In addition, the Plan Administrator, In Its discretion maytreat events described In 1.125-4(f)(2)(II) as a loss of coverage. (2) Addition or Significant Improvement of a Benefit Plan or Policy. If during a Plan Year the Plan adds a new Benefit Plan or Policy or significantly improves an existing Benefit Plan or Policy, the Plan Administrator may permit the following election changes: (1) Participants who are enrolled in a Benefit Plan or Policy other than the newly added or significantly Improved Benefit Plan or Policy may change their election on a prospective basis to elect the newly added or significantly improved Benefit Plan or Policy, and (il) Employees who are otherwise eligible under Section 2.01 may elect the newly added or significantly improved Benefit Plan or Policy on a prospective basis, subject to the terms and limitations of the Benefit Plan or Policy. The Plan Administrator (in Its sole discretion) will decide, in accordance with prevailing IRS guidance and on a uniform and consistent basis, whether there has been an addition or a significant improvement of a Benefit Plan or Policy. (3) Loss of Coverago under other Group Health Coverage. A Participant may prospectively change his or her election to add group health coverage for the Participant, the Participant's Spouse, or the Participant's Dependent, if such Individual(s) loses coverage under any group health coverage sponsored by a governmental or educational institution, including (but not limited to) the following: a State children's health insurance program ("SCHIP") under Title XXI of the Social Security Act; a medical care program of an Indian Tribal government (as defined in section 7701(a)(4)), the Indian Health Service, or a tribal organization; a State health benefits risk pool; or a foreign government group health plan, subject to the terms and limitations of the applicable Benefit Plan(s) or Policy(ies). (4) Change in Coverage under another Employer Plan. A Participant may make a prospective election change that is on account of and corresponds with a change made under another employer plan (Including a plan of the Employer or another employer), so long as: (I) the other cafeteria plan or qualified benefits plan permits its participants to make an election change that would be permitted under applicable IRS regulations; or (ii) the Plan permits Participants to make an election for a Plan Year which is different from the plan year under the other cafeteria plan or qualified benefits plan. The Plan Administrator shall determine, based on prevailing IRS guidance, whether a requested change is on account of and corresponds with a change made under the other employer plan. Any change In an election affecting annual Plan contributions to the Medical or Dependent Care Expense Reimbursement Plans pursuant to this Section also will change the maximum Reimbursement Benefits for the period of coverage remaining in the Plan Year. Such maximum Reimbursement Benefits for the period of coverage following an election change shall be calculated by adding the balance (if any) remaining in each of the Participant's Reimbursement Accounts as of the end of the portion of the Plan Year Immediately preceding the change in election, to the total Plan Contributions scheduled to be made by the Participant during the remainder of such Plan Year to such Account(s). An employee who Is eligible to become a Participant but declined to become a Participant during the Initial election period pursuant to Section 3.02(a) or (b) may become a Participant and file a Salary Redirection Agreement within thirty (30) days of the occurrence of an event described In Section 3,04 above, but only if the election under the new Salary Redirection Agreement Is 'made on account of and corresponds with the event (as described above). A Participant otherwise entitled to make a new election under this Section must do so within thirty (30) days of the event (e,g., Change in Status, significant change In cost or coverage, Medicare or Medicaid eligibility, special enrollment right orjudgmenl, decree, or order), Elections made pursuant to this Section shall be effective for the balance of the Plan Year In which the election is made unless a subsequent event (described above) allows a further election change. 3.05 Termination of Election. Except as otherwise provided in Section 2.03, Termination of employment shall automatically 90 revoke any Salary Redirection Agreement. Except as provided below, if revocation occurs under this Section 3.05, no new election with respect to Pre-tax Premiums may be made by such Participant during the remainder of the Plan Year. ARTICLE IV PREMIUM PAYMENTS AND CREDITS AND DEBITS TO ACCOUNTS 4.01 Source of Premium Payments. The Employer shall withhold from a Participant's Compensation on a Pre-tax or After-lax basis (as elected on the Salary Redirection Agreement) an amount equal to the contributions required from the Participant (less any =RR applicable Nonelectlve Contribution) for coverage of the Participant, or the Participant's Spouse or Dependents, under the Benefit ?-- Plans or Policies elected by the Participant and maintained by the Employer as noted in the Adoption Agreement under this Plan, The component Benefit Plans or Policies and required Employee contributions thereunder shall be set forth on an annual schedule and/or disclosed to Participants in enrollment material, Amounts withheld from a Participant's Compensation as Pre-lax Premiums or After-tax Premiums shall be applied to fund benefits as soon as administratively feasible. The maximum amount of Pre-tax .,.,.., Premiums plus any Nonelective Contributions made available by the Employer for the benefit of each Plan Participant shall not Mm exceed the aggregate cost of the benefits elected. 4.02 Allocations Irrevocable During Plan Yoar. Except as provided In Sections 3.04, 3.05, 4.03 and 4,04, neither; (i) the insurance coverages nor amounts withheld therefore elected under Section 5.01(a), nor (11) the amount to be credited to a Participant o Account during the Plan Year pursuant to Sections 4.04 and 4.05, nor (Ili) the allocation of such amounts to the appropriate o Account(s) of the Participant, can be changed during the Plan Year. o C1 N 9 Plarxlnc 4.03 Reduction of Certain Elections to Prevent Discrimination. If the Plan Administrator determined, before or during any Plan Year, that the Plcn may fall to satisfy for such Plan Year any requirement imposed by the Code or any limitation on Pre-tax Premiums allocable to Key Employees or to Highly Compensated Individuals, the Plan Administrator shall lake such action(s) as he deems appropriate, under rules uniformly applicable to similarly situated Participants, to assure compliance with such requirement or limitation. Such action may include, without limitation, a modification or revocation of a Highly Compensated Individual's or Key Employee's Salary Redirection Agreement without the consent of such Employee. 4.04 Medical Care Expense Reimbursement. (a) Debiting and Crediting of Accounts. Each Participant's Medical Care Expense Reimbursement Account ("Account") will be credited with amounts withheld from the Participant's Compensation for Medical Care Expense Reimbursement pursuant to the Salary Redirection Agreement. The Account will be debited for reimbursement amounts disbursed to the Participant in accordance with Article V of this document. The entire amount elected by the Participant on the Salary Redirection Agreement as an annual amount for the Plan Year for Medical Care Expense Reimbursement less any reimbursements already disbursed shall be available to the Participant at any time during the Plan Year without regard to the balance In the Account (provided that the periodic premiums have been paid). Thus, the maximum amount of Medical Care Expense Reimbursement at any particular time during the Plan Year will not relate to the amount which a Participant has had withheld up to that time. In no event will the amount of medical expense reimbursement benefits In any Plan Year exceed that annual amount specified for the Plan Year In the Salary Redirection Agreement for Medical Care Expense Reimbursement. Any amount allocated to the account shall be forfeited by the Participant and restored to the Employer If it has not been applied to provide Medical Care Expense reimbursement by the ninetieth (90) day following the end of the Plan Year for which the election was effective. Amounts so forfeited shall be used to offset administrative expenses. (b) Source of Payments. All Medical Care Expense Reimbursement benefits derived hereunder shall be paid exclusively from the amounts in each Employee's Medical Care Expense Reimbursement Account funded by amounts withheld from the Employee's wages pursuant to the Salary Redirection Agreement for Medical Care Expense Reimbursement and any Nonelective Contributions allocated thereto. In the event that an Employee's reimbursement request for Medical Care Expense Reimbursement benefits exceeds the amount currently available In the Employee's Medical Care Expense Reimbursement Account, the Employer shall pay the excess amount up to the amount elected by the Participant on the Salary Redirection Agreement for Medical Care Expense Reimbursement less any reimbursements already disbursed. Future premium payments by the Employee shall then go to the Employer as reimbursement for the money so advanced on behalf of the Employee. (c) Employer Risk. It an Employee terminates employment before the Employer has been reimbursed for the money it has advanced on behalf of the Employee, the entire unreimbursed portion shall be deemed to be an "administrative expense" to be refunded to the Employer by any unused Account balance(s) (if any) as provided in Section 4.04(a). 4.05 Dependent Care Expense Reimbursement. '(a) Crediting and Debiting of Accounts. Each Participant's Dependent Care Expense Reimbursement Account ("Account") will be credited with amounts withheld from the Participant's Compensation for Dependent Care Expense Reimbursement pursuant to the Salary Redirection Agreement. The Account will be debited for reimbursement amounts disbursed to the Participant In accordance with Article V of this Plan document. In the event that the amount In the Account is less than the amount of reimbursable benefit requests at any time during the Man Year, the excess part of the reimbursement will be carried over Into following months (within the same Plan Year), to be paid out as the Account balance becomes adequate. In no event will the amount of Dependent Care Expense Reimbursement benefits . exceed the amount withheld pursuant to the Salary Redirection Agreement for any Plan Year. Any amount allocated to the Account shall be forfeited by the Participant and restored to the Employer If It has not been applied to provide Dependent Care Expense Reimbursement for the Plan Year by the ninetieth (90th) day following the end of the Plan Year for which the election was effective. Amounts so forfeited shall be used to offset administrative costs. (b) Source of Payments. All Dependent Care Expense Reimbursement benefits derived hereunder shall be paid exclusively from the amounts in each Employee's Dependent Care Expense Reimbursement Account funded by amounts withheld from the Employee's wages pursuant to the Salary Redirection Agreement for Dependent Care Expense Reimbursement, and any Nonelective Contributions allocable thereto. ARTICLE V BENEFITS 5.01 Qualified Benefits. The maximum benefit a Participant may elect under this Plan shall not exceed the Sum of: (1) the Aggregate Premium for all Insurance Premium Payments under 5,01(a), (ii) the Maximum Medical Care Expense Reimbursement under 5.01(b); and (ill) the Maximum Dependent Care Reimbursement under 5.01(c). The Qualified Benefits available for election are one or more of the following: (a) Insurance Premium Payment. The Employer-shall withhold from a Participant's Compensation tin amount equal to the contributions required from the Participant (less any applicable Nonelective contribution) for coverage of the Participant, or the dependent coverage of the Participant's Spouse or Dependents, under the Benefit Plans or Policies elected by the Participant and maintained by the Employer as noted In the Adoption Agreement. The benefits are subject to the terms and conditions of the applicable Benefits Plans or Policies specifically referred to in the Adoption Agreement and Incorporated herein Into this Plan. (b) Medical Care Expense Reimbursement. If pursuant to the Adoption Agreement, the Employer has elected to maintain a Medical Care Expense Reimbursement Plan, payment shall be made to the Participant in cash as reimbursement for Eligible Medical Expenses Incurred by the Participant or his Dependents while he is an Employee, during the Plan Year for which the Participant's election Is effective, These expenses must also be expenses which -- 10 Phndoc (1) are not covered, paid or reimbursed from any other source; and (2) meet the criteria of tax-deductibility as a medical or dental expense under Section 213 of the Code, as amended and the regulations thereunder; and (3) meet any limitations imposed by applicable regulations promulgated under Code Section 125; and (4) will not be taken as a deduction from income on the Participant's Federal income tax return In any tax year; and (5) do not exceed the lesser of: (a) the maximum annual amount allocable to Medical Care Expense Reimbursement specified In the Adoption Agreement, or (b) the annual amount that the Employee has elected to have withheld for Medical Care Expense Reimbursement; less previous Medical Care Expense Reimbursements made during the Plan Year; and (6) are verified in writing to the satisfaction of the Administrator that a covered expense has occurred and the reimbursement for which meet the substantiation requirements of Section 6.11. (c) Dependent Care Expense Reimbursement. If pursuant to the Adoption Agreement, the Employer has elected to maintain a Dependent Care Expense Reimbursement Plan, payment shall be made to the Participant In cash as reimbursement for Eligible Employment Related Expenses Incurred by him or her while an Employee, during the Plan Year for which the Participant's election is effective, provided that the substantiation requirements of Section 6.11 have been complied with. No payment otherwise due a Participant hereunder shall exceed that smallest of: (1) the Participant's Earned Income for the applicable month; or (2) the Earned Income of the Participant's Spouse for such month (Note: a Spouse of a Participant who is not employed during a month In which the Participant Incurs Eligible Employment Related Expenses and who is either Incapacitated or a student shall be deemed to have Earned Income in the amount of $200 per month per Qualifying Individual for whom the Participant incurs Eligible Employment Related Expense(s), up to a maximum amount of $400 per month); or (3) the annual amount the Participant has elected to have withheld from his Compensation for Dependent Care Expense Reimbursement less any prior Dependent Care Expense Reimbursements during the Plan Year; or (4) Five Thousand Dollars (55,000), or, If the Participant is married and files a separate tax return, Two Thousand Five Hundred Dollars ($2,500) (or any future aggregate limitations promulgated under Code Section 129) less any prior reimbursements during the Plan Year. 5.02 Cash Benefit. Employees who elect not to receive coverage under certain Employer sponsored plans may be entitled to additional cash compensation as described in the Adoption Agreement under "Opt-out Option". To the extent that a Participant does not elect under a Salary Redirection Agreement to have the maximum amount of his Compensation contributed as a Pre-tax Premium or After-tax Premium hereunder, such amount not elected shall be paid to the Participant In the form of normal Compensation payments; provided however, that Nonelective Contributions may not be received in the form of cash compensation. 5.03 Repayment of Excess Reimbursements. 9, as of the end of any Plan Year, It is determined that a Participant has received {payments under this Plan that exceed the amount of Eligible Reimbursement Expenses that have been substantiated by such Participant during the Plan Year, the Plan Administrator shall give the Participant prompt written notice of any such excess amount, and the Participant shall repay the amount of such excess to the Employer within sixty (60) days of receipt of such notification, 5.04 Termination of Reimbursement Benefits. Coverage under the Medical Care Expense Reimbursement and/or Dependent Care Expense Reimbursement Plan(s) shall cease as of the dale on which a Participant is no longer employed by the Company or when a premium payment has not been made for any reason. Provided, however, that Participants shall have the right to submit Claims for reimbursement for Eligible Employment-Related Expenses arising during the Plan Year at any time until ninety (90) days after the end of the Plan Year for which the election had been in effect, and to receive reimbursement hereunder. Participants In the Medical Reimbursement Plan shall have the right to submit claims for reimbursement for Eligible Medical Expense arising during the Plan Year and before the dale of separation from service at any time until ninety (90) days after the end of the Plan year for which the election had been In effect, and to receive reimbursement hereunder. Unless a COBRA election is made, Participants shall p4! be entitled to receive reimbursement for Medical Care expenses Incurred after coverage ceases under this Section, and any unused reimbursement benefits at the expiration of the 90-day period following the close of the Plan Year shall be treated In accordance with 9=- Sections 4.04 or 4.05. F?sm 5.05 Coordination of Benefits Under Health FSA. The Health FSA is intended to pay benefits solely for otherwise unreimbursed medical expenses. Accordingly, it shall not be considered a group health plan for coordination of benefits purposes, and its benefits o shall not be taken Into account when determining benefits payable under any other plan. t ARTICLE VI PLAN ADMINISTRATION i 6.01 Allocation of Authority. Except as to those functions reserved within the Plan to the Employer, the Plan Administrator appointed pursuant to the Adoption Agreement shall control and manage the operation and administration of the -Plan. The Plan 970 Administrator shall have the exclusive right to interpret the Plan and to decide all matters arising thereunder, including the right to make determinations of fact and construe and interpret possible ambiguities, inconsistencies, or omissions In the Plan and the Summary Plan Description Issued In connection with the Plan, All determinations of the Plan Administrator with respect to any matter hereunder shall be conclusive and binding on all persons. Without limiting the generality of the foregoing, the Plan Administrator shall have the following powers and duties; (a) To require any person to furnish such reasonable Information as he may request for the purpose of the proper a administration of the Plan as a condition to receiving any benefits under the Plan; c.D (b) To make and enforce such rules and regulations and prescribe the use of such forms as he shall deem necessary for Plandoc •? N • the efficient administration of the Plan; (c) To decide on questions concerning the Plan and the eligibility of any Employee to participate In the Plan and to make or revoke elections under the Plan, In accordance with the provisions of the Plan; (d) To determine the amount of benefits which shall be payable to any person In accordance with the provisions of the Plan; to inform the Employer, insurer or Trustee (if any), as appropriate, of the amount of such benefits; and to provide a full fair review to any Participant whose claim for benefits has been denied in whole or In part; (e) To designate other persons to carry out any duty or power which may or may not otherwise be n fiduciary responsibility of the Plan Administrator, under the terms of the Plan; (f) To peep records of all acts and determinations, and to keep all such records, books of account data and other documents as may be necessary for the proper administration of the Plan; (g) To prepare and distribute to all Employees Information concerning the Plan and their rights under the Plan; (h) To employ the services of such persons as it may deem necessary or desirable In connection with the operation of the Plan and to rely upon all tables, valuations, certificates, reports and opinions furnished thereby; (€) To do all things necessary to operate and administer the Plan in accordance with its provisions. 6.02 Payment of Administrative Expenses. Unless otherwise indicated in the Adoption Agreement, all reasonable expenses incurred In administering the Plan shall be paid by the Employer, provided, however that each Participant shall bear the monthly cost (if any) charged for the maintenance of any Reimbursement Account unless otherwise paid by the Employer. 6.03 Reporting and Disclosure Obligations. Unless specified otherwise, it shall be the Employer and Plan Administrator's sole responsibility to comply with all filing, reporting, and disclosure requirements, imposed by the Department of Labor and/or Internal Revenue Service, specifically including, but not limited to creating, filing and distributing Summary Annual Reports, Form 5500s, and Summary Plan Descriptions. Furthermore, the Employer and Plan Administrator shall be required to amend the Plan as is necessary to ensure compliance with applicable lax and other laws and regulations. 6.04 Indemnification. The Plan Administrator shall be Indemnified by the Employer against claims, and the expenses of defending against such claims, resulting from any action/conduct relating to the administration of the Plan except claims arising from gross negligence, willful neglect, or willful misconduct. 6.05 Substantiation of Expenses, Each Participant must submit a written Request for Reimbursement form to the Plan Administrator to receive reimbursements from his Medical or Dependent Care Expense Reimbursement Account(s), on a form provided by the Plan Administrator accompanied by a written statement/bill from an Independent third party staling that the expense has been Incurred, and the amount thereof. The forms shall contain such evidence as the Plan Administrator shall deem necessary as to substantiate the nature, the amount, and timeliness of any expenses that may be reimbursed. 6.06 Reimbursement. Reimbursements shall be made as soon as administratively feasible after the required forms have been received by the Plan Administrator. Reimbursements of less than $15 may be carried forward and aggregated with future reimbursements until the reimbursable amount is greater than $15, provided, however, that the entire amount of reimbursable reimbursements outstanding at the end of the Plan Year shall be reimbursed without regard to the $15 threshold limit. Such forms -and documentation must be submitted by the fourth (4th) Friday of the month in order to receive a reimbursement In the following month. Year-end expense reimbursements must be submitted to the Plan Administrator within 90 days of the close of the Plan Year for which the Salary Redirection Agreement Is effective, and during which such expense was Incurred, In order to be eligible for reimbursement. 6.07 Annual Statements. The Plan Administrator shall furnish each Participant with an annual statement, showing the amounts paid or expenses Incurred by the Employer in providing Medical and/or Dependent Care Expense Reimbursement during the previous calendar year and the respective Reimbursement Account, balance(s) on or before January 31 following the close of the applicable Plan Year. ARTICLE Vii FUNDING AGENT 7.01 Funding of the Plan. The Plan shall be funded with amounts withheld from Compensation pursuant to Salary Redirection Agreements and by Nonelective Contributions by the Employer. 7.02 The Employer as Funding Agent. If the Employer Is designated the Funding Agent In the Adoption Agreement, the Employer will Immediately apply all such amounts, without regard to their source, to pay for the welfare. benefits provided In the Adoption Agreement and shall comply with all applicable regulations promulgated by the Department of Labor ("DOL") taking into consideration any enforcement procedures adopted by the DOL. 7.03 Trust as Funding Agent. If a Trust is designated Funding Agent in the Adoption Agreement, an appropriate Trust Agreement shall be attached at the end of this Plan. ARTICLE VIII CLAIM PROCEDURES 8.01 Application to Plan Benefits. The provisions of this Article do not apply to: (1) claims for benefits under Individual policies or (11) claims for benefits under group policies not subject to ERISA. In the event a claim arises with respect to benefits under such policies, the Insurer shall be the appropriate named fiduciary for purposes of benefit determinations, and with regard to benefits under 12 Plandoe such policies, shall have the discretionary authority to construe and interpret the policies and make factuaf determinations thereunder. If applicable, these provisions apply to claims for benefits only to the extent that no claims procedure is specified for such benefit In the applicable Benefit Plan or Policy. If a claims procedure is otherwise available under th eapplicable Benefit Plan or Policy, this Article shall 1321 apply to benefits available under this Plan (i.e., such as a determination of; a Change In Status; significant change In premiums charged: or eligibility and participation matters under this Flexible Benefits Plan Document). This Article shall be the claims procedure applicable to the Medical Care Expense Reimbursement and the Dependent Care Expense Reimbursement Plan(s). 8.02 Procedure If Benefits are Denied under the Plan. Any Employee, beneficiary, or his duly authorized representative may file a claim for a benefit to which the claimant believes that he is entitled, but that has been previously denied by the Plan Administrator. Such a claim must be In writing and delivered to the Plan Administrator in person or by mail, postage paid, Within thirty (30) days after receipt of such claim, the Plan Administrator shall send to the claimant, by mail, postage prepaid, notice of the granting or denying, in whole or in part, of such claim, unless special circumstances require an extension of time for processing the claim. In no event may the extension exceed fifteen (15) days from the end of the Initial period. If such extension Is necessary, the claimant will be given a written notice to this effect prior to the expiration of the initial 30-day period. If an extension of time is necessary because the claimant failed to provide sufficient Information necessary to decide the claim, the notice of the extension shall describe the required Information and the claimant shall have forty-five (45) days from the receipt of such notice to provide the required information. The Plan Administrator shall have full discretion to deny or grant a claim In whole or In part. If notice of the denial of a claim is not furnished In accordance with this Section 8.02, the claim shall be deemed denied and the claimant shall be permitted to exercise his right to review pursuant to Sections 8,04 and 8.05. 8.03 Requirement for Written Notice of Claim Denial. The Plan Administrator shall provide a written notice to every claimant who is denied a claim for benefits under this Article. Such written notice shall set forth in a manner calculated to be understood by the claimant, the following information: (a) The specific reason or reasons for the denial; (b) Specific reference to pertinent Plan provisions on which the denial is based; (c) A description of any additional material or information necessary for the claimant to perfect the claim and an explanation of why such material is necessary; and (d) An explanation of the Plan's claim review procedure. 8.04 Right to Request Hearing on Benefit Denial. Within 184 days after the receipt by the claimant of written notification of the denial (in whole or in part) of his claim, the claimant or his duly authorized representative may make a written application to the Plan Administrator, in person or by certified mail, postage prepaid, to be afforded a review of such denial; may review pertinent documents; and may submit issues and comments in writing. 8.05 Disposition of Disputed Claims..Upon receipt of a request for review, the Plan Administrator shall make a prompt decision on the review matter. The decision on such review shall be written in a manner calculated to be understood by the claimant and shall include specific reasons for the decision, specific references to the pertinent plan or insurance policy provisions on which the decision was based, and a description of any voluntary appeal procedures offered by the Plan. The decision upon review shall be made not later than sixty (60) days after the Plan Administrator's receipt of a request for a review. ARTICLE IX AMENDMENT OR TERMINATION OF PLAN 9.01 Permanency. While the Employer fully expects that this Plan will continue indefinitely, due to unforeseen, future business contingencies, permanency of the Plan will be subject to the Employer's right to amend or terminate the Plan, as provided in Sections 9.02 and 9.03, below, Nothing in this Plan is Intended to be or shall be construed to entitle any Participant, retired or otherwise, to vested or nonterminable benefits. 9.02 Employer's Right to Amend. The Employer reserves the right to amend the Plan at any time and from time-to-time, and retroactively, If deemed necessary or appropriate to meet the requirements of Code Section 125, or any similar provisions of subsequent revenue or other laws, to modify or amend in whole or in part any or all of the provisions of the Plan, All amendments shall be made in writing and shall be approved by the Board of Directors (ora duly authorized officer of the Employer) in accordance with Its normal procedures for transacting business. Such amendments may apply retroactively or prospectively. Each Benefit Plan or Policy shall be amended in accordance with the terms specified therein, or, if no amendment procedure Is prescribed, in accordance with this section. Any amendment made by the Employer shall be deemed to be approved and adopted by any Affiliated Employer. 9.03 Employer's Right to Terminate. The Employer reserves the right to discontinue or terminate the Plan without prejudice at any ?. time and for any reason without prior notice. Such decision to terminate the Plan shall be made in writing and shall be approved by ® the Board of Directors (or a duly authorized officer of the Employer) in accordance with Its normal procedures for transacting business. Affiliated Employers may withdraw from participation in the plan, but may not terminate it. 9.04 Determination of Effective Date of Amendment or Termination. Any such amendment, discontinuance or termination shall be effective as of such date as the Employer shall determine. Subject to Sections 4.04(a) and 4.05(x) (if applicable), no amendment, discontinuance or termination shall allow the return to any Employer of any Reimbursement Account balance nor its use for any purpose other than for the exclusive benefit of the Participants and their beneficiaries. ARTICLE X GENERAL PROVISIONS 10.01 Not an Employment Contract. Neither this Plan nor any action taken with respect to it shall confer upon any person the right Q to continue employment with any Employer. 10.02 Applicable Laws. The provisions of the Plan shall be construed, administered and enforced according to applicable Federal law and the laws of the State of the principal place of business of the Employer to the extent not preempted. N 13 Plandac 10,03 Post•Mortom Payments. Any benefit payable under the Plan niter the death of a Participant shall be paid to his surviving spouse (if any), otherwise, to his estate. If there Is doubt as to the right of any beneficiary to receive any amount, the Plan Administrator may retain such amount until the rights thereto are determined, without liability for any interest thereon. 10.04 Nonalienation of Benefits. Except as expressly provided by the Plan Administrator, no benefit under the Plan shall be subject In any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance or charge, and any attempt to do so shall be void. No benefit under the Plan shall In any manner be liable for or subject to the debts, contracts, liabilities, engagements or torts of any person. 10.05 Mental or Physical Incompetency. Every person receiving or clalming benefits under the Plan shall be presumed to be mentally and physically competent and of age until the Plan Administrator receives a written notice, in a form and manner acceptable to it, that such person Is mentally or physically Incompetent or a minor, and that a guardian, conservator or other person legally vested with the care of his estate has been appointed. 10,06 Inability to Locate Payee. If the Plan Administrator Is unable to make payment to any Participant or other person to whom a payment is due under the Plan because it cannot ascertain the Identify or whereabouts of such Participants or other person after reasonable efforts have been made to Identify or locate such person such payment and all subsequent payments otherwise due to such Participant or other person shall be forfeited one year after the date any such payment first became due. 10.07 Requirement for Proper Forms. All communications In connection with the Plan made by a Participant shall become effective only when duly executed on any forms as may be required and furnished by, and filed with, the Plan Administrator. 10.013 Source of Payments. The Employer, the Trust fund (if selected.as Funding Agent), and any insurance company contracts purchased or held by the Employer or funded pursuant to this Plan shall be the sole sources of benefits under the Plan. No Employee or beneficiary shall have any right to, or interest In, any assets of the Employer upon termination of employment or otherwise, except as provided from time to time under the Plan, and then only to the extent of the benefits payable under the Plan to such Employee or beneficiary. 10.09 Multiple Functions. Any person or group of persons may serve In more than one fiduciary capacity with respect to the Plan. 10.10 Tax Effects. Neither the Employer, Its agents, the Plan Administrator, nor the Trustee makes any warranty or other representation as to whether any Pre-tax Premiums made to or on behalf of any Participant hereunder will be treated as excludable from gross Income for local, Slate, or Federal income tax purposes. If for any reason it Is determined that any amount paid for the benefit of a Participant or Beneficiary Is includable in an Employee's gross Income for local, Federal, or State income tax purposes, then under no circumstances shall the recipient have any recourse against the Plan Administrator or the Employer with respect to any increased taxes or other losses or damages suffered by the Employees as a result thereof. The Plan is designed and is intended to be operated as a "cafeteria plan" under Section 125 of the Code, 10.11 Gender and Number. Masculine pronouns Include the feminine as well as the neuter genders, and the singular shall include the plural, unless Indicated otherwise by the context. 10.12 Headings. The Article and Section headings contained herein are for convenience of reference only, and shall not be construed as defining or limiting the matter contained thereunder. 10.13 Incorporation by Reference. Except for the Medical and Dependent Care Expense Reimbursement Plan(s), the actual terms and conditions of the separate component Benefit Plans or Policies offered under this Plan are contained in separate, written documents governing each respective benefit, and shall govern in the event of a conflict between the individual plan document, and this Plan as to substantive content. To that end, each such separate document, as amended or subsequently replaced, Is hereby Incorporated by reference as It fully recited herein. The provisions of the Medical and Dependent Care Expense Reimbursement Plan(s) are reproduced herein, but shall constitute separate plans for purposes of all applicable Code and ERISA provisions, 10.14 Soverability. Should any part of this Plan subsequently be invalidated by a court of competent jurisdiction, the remainder thereof shall be given effect to the maximum extent possible. 10.15 Effect of Mistake. In the event of a mistake as to the eligibility or participation of an Employee, or the allocations made to the account of any Participant, or the amount of distributions made or to be made to a Participant or other person, the Plan Administrator shall, to the extent It deems possible, cause to be allocated or cause to be withheld or accelerated, or otherwise make adjustment of, such amounts as will In Its judgment accord to such Participant or other person the credits to the account or distributions to which he Is properly entitled under the Plan, Such action by the administrator may Include withholding of any amounts due the Plan or the Employer from Compensation paid by the Employer, 10.16 Provisions Relating to Insurers. No insurer shall be required or permitted to Issue an insurance policy or contract that Is inconsistent with the purposes of this Plan, nor be bound to take any action not In accordance with the terms of any policy or contract with this Plan. The insurer shall not be deemed to be a party to this Plan, nor shall It be bound to interpret the construction or validity of the Plan. The insurer shall be protected from Its good faith reliance on the written representations and Instructions of the Trustee and the Plan Administrator, and shall not be responsible for the initial or continued qualified status of the Plan. 14 Rindoc ,. 10,17 Forfeiture of Unclaimed Reimbursement Account Benefits, Any Reimbursement Account benefit payments that are unclaimed (e,g., uncashed benefit checks) by the close of the Plan Year following the Pion Year in which the Health or Dependent Care Expense was Incurred shbil be forfeited. ARTICLE XI CONTINUATION COVERAGE UNDER COBRA The following provisions shall be applicable to the Medical Care Expense Reimbursement Plan, and any other group health pk n (as defined by Code Sections 4980E and 5000(b)(1) and the regulations promulgated thereunder) subject to COBRA that does not otherwise contain COBRA provisions. As noted in Section 11.05, COBRA coverage need not be extended to certain Health Care Expense Account Participants. The Intent of this Article is to extend continuation rights required by COBRA. To the extent greater rights are provided for hereunder, this Article shall be void. 11.01 Continuation Coverage after Termination of Normal Participation. During any Plan Year during which the Employer Is subject to Code Section 49808, each person who Is a Qualified Beneficiary shall have the right to elect to continue coverage under the Medical Care Expense Reimbursement Plan (or other group health plan subject to COBRA) upon the occurrence of a Qualifying Event that would otherwise result In such person losing coverage hereunder. Such extended coverage under the plan Is known as "Continuation Coverage". 11.02 Who Is a "Qualified Beneficiary". A "Qualified Beneficiary" is any person who Is, as of the day before a Qualifying Event: (a) an Employee of the Employer (including persons who are considered to be "employees" within Code Sec. 401(c), directors and independent contractors) covered under a health plan offered under the Plan as of such day (such persons are called "Covered Employees"), (b) the Spouse of the Covered Employee, or (c) a Dependent of the Covered Employee, A Covered Employee can be a Qualified Beneficiary only If the Qualifying Event consists of termination of employment (for any reason other that gross misconduct) or reduction of hours of the Covered Employee's employment. A child born to or placed for adoption with a Covered Employee during Continuation Coverage will also be a Oualified Beneficiary. A retiree or other former Employee actively participating in the Plan by reason of a previous period of employment will be treated as a "Qualified Beneficiary", 11.03 Who is not a "Qualified Beneficiary". A person is not a Qualified Beneficiary If, as of such day, either the Individual is covered under the Medical Care Expense Reimbursement Plan (or other group health plan subject to COBRA) by virtue of the election of Continuation Coverage by another person and Is not already a Qualified Beneficiary by reason of a prior Qualifying Event, or is entitled to Medicare coverage under Title XVIII of the Social Security Act. Furthermore, an individual who falls to elect Continuation Coverage within the election period provided In Section 11.07, below, shall not be considered to be a' Qualified Beneficiary. 11.04 What Is a "Qualifying Event". Any of the following shall be considered as a "Qualifying Event": (a) death of a Covered Employee; or (b) termination (other than by reason of gross misconduct) of the Covered e=mployee's employment or reduction of hours of employment; or (c) divorce or legal separation of a Covered Employee's spouse; or (d) a Covered Employee's becoming entitled to receive Medicare benefits under Title XVIII of the Social Security Act; or (e) a dependent child of a Covered Employee ceasing to be a Dependent. In the case of any person treated as a "Covered Employee" but who Is not a common-law employee, termination of "employment" means termination of the relationship that originally gave rise to eligibility to participate in the Medical Care Expense Reimbursement Plan (or other group health plan subject to COBRA). 11.05 COBRA Not Applicable to Certain Health Care Expense Account Participants. In accordance with IRS regulations, COBRA continuation coverages will not be offered to Medical Care Expense Account Plan participants under certain circumstances: (a) Unavailability of COBRA In Plan Year in Which Qualifying Event Occurs. COBRA continuation coverage will not be offered to a Qualified Beneficiary in the Plan Year In which the Qualifying Event occurred if: i (1) Conditions in 11.05(b) are Satisfied. The Medical Care Expense Account Plan satisfies the conditions set forth in Section 11.05(b); and ' (2) Health Care Expense Account has a Deficit at the Time of the Qualifying Event. Taking into account all claims submitted on or before the date of the Qualifying Event, the Qualified Beneficiary's remaining Medical Care Expense ®? Account balance for the Plan Year is less than the maximum required COBRA premiums for the rest of the year (i.e., the Medical Care Expense Account Is in a deficit position). (b) Unavailability of COBRA in Subsequent Plan Years. COBRA continuation will not be offered to a Medical Care Expense Account Participant In any Plan Year fallowing the Plan Year in which the Qualifying Event occurs (thus even If COBRA is offered for the year In which the qualifying event occurs, the COBRA coverage will cease at the end of the year and cannot be continued for the next plan year); (1) Health FSA Is Exempt from HIPAA. The Medical Care Expense account Is exempt from HIPAA (I.e., a major medical plan Is available in addition to the Medical Care Expense Account, and the Medical Care Expense Account benefit does not 952 ? exceed two times the salary redirection or, if greater, the salary redirections plus $500); and (2) COBRA Premlums Equals or Exceeds Medical Care Expense Account Benefit. If for the plan year In which the Qualifying Event occurs, the maximum amount the Qualified Beneficiary could be required to pay for a full year of Medical Care Expense Account COBRA coverage equals or exceeds the maximum benefit available to the Qualified Beneficiary for the plan year. ° The Plan Administrator will notify Medical Care Expense Account Participants as to their COBRA eligibility (if any). ?? 15 nlandoc ® tv 11.06 What Benefit Is Available under Continuation Coverage, Each person who Is eligible to elect to continue coverage under Article XI shall have the right to continue the level of coverage In effect for the Covered Employee on the day before the Qualifying Event (or a lesser level of coverage). If a Qualified Beneficiary of another group health plan maintained by the Employer is prevented from receiving a previous level of Benefits due to a change In plan Benefits or plan termination, such individual will be entitled to elect any available level of coverage under the Medical Care Expense Reimbursement Plan. A premium for Continuation Coverage shall be charged to Employees and Qualified Beneficiaries In such amounts and shall be payable at such times as are established by the Plan Administrator and permitted by applicable law. 11.07 Notice Requirements: (a) When an Employee becomes covered under this Medical Care Expense Reimbursement Plan (or any other group health plan subject to COBRA), the Plan Administrator must Inform the Participant (and spouse, If any) in writing of the rights to continued coverage, as described in Article XI, (b) The employer shall give the Plan Administrator (if different.from the Employer) written notice of a Qualifying Event within thirty (30) days of the occurrence thereof. (c) Within fourteen (14) days of receipt of the Employers notice, the Plan Administrator shall furnish each Qualifying Beneficiary with written notification of the termination of regular coverage under the Medical Care Expense Reimbursement Plan (or any other group health plan subject to COBRA), as well as a recital of the rights of any such Beneficiary to elect Continuation Coverage, as required by Code Sec. 4980B and ERISA Sec. 601, in accordance with the terms of this Plan. (d) In the case of a Qualifying Event described in Section 11.04(c) or (e), a Covered Employee or a Qualified Beneficiary who Is a Spouse or Dependent of such Employee must notify the Plan Administrator within sixty (60) days of the occurrence thereof. The Plan Administrator shall give written notification of Conversion Coverage rights to any other affected Qualified Beneficiaries within fourteen (14) days of receipt of the notice described In this Section 11.07(d). Notwithstanding any of the foregoing, notification to a Qualified Beneficiary who Is a spouse of a Covered Employee is treated as notification to all other Qualified Beneficiaries residing with that person at the time notification Is made. 11.06 Election Period. Any Qualified Beneficiary entitled to Continuation Coverage shall have 60 days from the date of the notice required by Section 11:06, in the case of occurrence of a Qualifying Event, in which to return a signed election to the Plan Administrator Indicating the choice to continue benefits under this Plan. 11.09 Duration of Continuation Coverage. Except as otherwise provided In this Plan, Continuation Coverage shall extend for a period of 18 months after the date that regular coverage ceased due to occurrence of the Initial Qualifying Event described in Section 11.04(b), unless during such 18-month period a subsequent, Qualifying Event occurs, in which case, another election to extend coverage for 18 months shall be available to the Beneficiary. Except as otherwise provided In this Section, In the case of a Qualifying Event not described in Section 11.04(b), Continuation Coverage shall extend for a period of 36 months after the dale that regular coverage ceased due to the occurrence of the Qualifying Event. If a Qualified Beneficiary who Is determined, under title II or XVI of the Social Security Act to have been disabled at any tune during the first 60 days of COBRA coverage, the Continuation Coverage with respect to such event shall extend for all Qualified Beneficiaries within the same family for a period of 29 months after the date that regular coverage ceased due to the occurrence of the Qualifying Event if a Qualified Beneficiary has provided notice of such determination within sixty (60) days after the dale of such determination and before the end of the Initial 18 month Continuation Coverage period. In the event a Covered Employee becomes entitled to Medicare coverage, the period of Continuation Coverage for a Qualified Beneficiary, other than the Covered Employee for such Qualifying Event or any subsequent Qualifying Event, shall not terminate for a period of 36 months from the date the Covered Employee becomes entitled to Medicare benefits. In no event, however, shall Continuation Coverage extend more than 36 months beyond the date of the original Qualifying Event. . 11.10 Automatic Termination of Continuation Coverage, Continuation Coverage shall automatically cease If: (a) the Employer no longer offers the parilcular group health coverage to any of its employees (b) the required premium for Continuation Coverage for a particular coverage is not paid within 30 days of the date due or within 45 days after the initial election of Continuation Coverage made pursuant to Section 11.08 (whichever Is later), (c) an electing Qualified Beneficiary becomes covered under another group health plan other than a group health plan which may limit a Qualified Beneficiary's coverage because It Involves a pre-existing condition, or (d) an electing Qualified Beneficiary becomes eligible to receive benefits under Medicare. IN WITNESS WHEREOF, the Employer has executed this Flexible Benefits Plan, Medical Care Expense Reimbursement Flan, and/or Dependent Care Expense Reimbursement Plan (as noted In the Adoption Agreement), the date and year first written below, to be effective as set forth in the Adoption Agreement. WITNESS: Corporate Officer Employer: By: Title: Date: 16 Plandoc ADOPTION AGREEMENT FOR: CITY OF CLEARWATER HUMAN RESOURCES FLEXIBLE BENEFITS PLAN ESIABLISHMENT-OF THE PLAN The Employer named below eslablished as set forth herein, n Flexible Benefits Plan (the "Plan") as -of the Effective Date consisting of this Adoption Agreement, the Plan Document and the B?anefit Plans and Policies specifically referred to herein including the Dependent Care Expense Reimbursement Plan and/or a Medical Care Expense Reimbursement Plan. The purpose of the Flexible Benefits Plan Is to provide eligible Employees a choice between cash and the specified welfare benefits described In this Adoption Agreement. Pre-tax Premium elections under the Plan are Intended to qualify for the exclusion from Income provided in Section 125 of the Internal Revenue Code of 1986, EMPLOYER INFORMATION 1) Name and Address of Employer/ CITY OF CLEARWATER HUMAN RESOURCES Plan Administrator: CYNTHIA BENDER 100 S MYRTLE AVE CLEARWATER, FL 33756 2) Employer Telephone Number: (727) 562-4845 3) Employer's Federal Tax ID Number; 59.6000289 4) 125-Start Date; 01/01103 5) Effective Date of the Plan: 01101103 6) Last Day of the Plan Year: 12131103 E Subsequent Plan Years: 01101-12131 7) Name and Address of the Plan CLAIMS PROCESSOR: FLEX ONE j Service Provider: 1932 WYNNTON ROAD c COLUMBUS, GA 31999 8) • Name and Title of Registered Agent for CYNTHIA BENDER Service of Legal Process; HR 9) Affiliated Employers which will Participate in the Plan: I 17 Plandoc 10) Employer's Type of Business: OTHER ELIGIBILITY All Employees employed by the Employer shall be eligible to participate under the Plan except the following: (Describe) PART TIME, TEMP, SEASONAL & EMERGENCY An eligible Employee may become a Participant in the Plan: ( ) Immediately, upon the first day of employment (but not prior to the Effective Date of the Plan). ( } On the day following commencement of employment. ( X } On the first day of the month following 1ST days of employment. ( ) OTHER provided the Employee completes a Salary Redirection Agreement. However, eligibility for coverage under any given Benefit Plan or Policy shall be determined by the terms of that Benefit Plan or Policy, and reductions of the Employee's Compensation to pay Pre-tax or After-tax Premiums shall commence when the Employee becomes covered under the applicable Benefit Plan or Policy. An eligible Employee may become a Participant In the Dependent Care nndlor Medical Expense Reimbursement Plan(s) (if elected below): ( ) On the same day such Employee is eligible for the Pre-Tax Premium benefits under the Plan. ( } On the day following commencement of employment. { ) On the first day of the month following days of employment. ( ) OTHER provided the Employee completes a Salary Redirection Agreement selecting such benefits. BEt4EFITS PROVIDED UNDER THE PLAN The Employer elects to offer to eligible employees the following Benefit Plans and Policies subject to the terms and conditions of the Plan. These component Benefit Plans and Policies are specifically incorporated herein by reference. The maximum Pre-tax Premiums a Participant can contribute via the Salary Redirection Agreement Is the aggregate cost of the applicable Benefit Plans or Policies selected minus any Non-elective Contribution made by the Employer. It Is Intended that such Pre-tax Premium accounts shall, for tax purposes, constitute an Employer contribution, but may constitute Employee contributions for State Insurance law purposes. Copies of the Benefit Plans or Policies (or a list of eligible Policy numbers) shall be attached as an appendix to this Plan. { } Group Medical Coverage ( ) Vision Care Coverage ( ) Disability Income-Short Term (A&S) { } Cancer Insurance { } Group Dental Coverage ( } Group Term Life Insurance ( ) Disability Income-Long Term (LTD) ( ) Intensive Care Insurance ( ) • Accident Insurance ( ) Hospital Indemnity Insurance (HIP) ( ) Specified Health Event { ) Personal Sickness Indemnity (PSI) ( X ) Medical Care Expense Reimbursement described in Section 5.01(b) of the Plan, not to exceed $ 1,500 per Plan Year pursuant to the CITY OF CLEARWATER HUMAN RESOURCES Medical Care Expense Reimbursement Plan. ( X ) Dependent Care Expense Reimbursement described in Section 5.01(c) of the Plan not to exceed $5,000 per Plan Year or $2,500 for married filing separate returns pursuant to the CITY OF CLEARWATER HUMAN RESOURCES Dependent Care Expense Reimbursement Plan. ( } Opt-out Option: Additional taxable compensation for certain participants who opt-out of certain coverages (as described in enrollment materials), THE FUNDING AGENT The Employer selects the following Funding Agent for the Plan (check one): ? The Employer, which will comply with the requirements of Section 7.02 of the Plan. ? The Flexible Benefits Trust created concurrently with the execution of the Plan, which shall receive contributions under the Plan in accordance with Section 7.03 of the Plan. ADMfNISTRATIVE EXPENSES Administrative Expenses Incurred in operating the Plan shall be paid by (check one)- Q The Employer, except as otherwise noted in the Plan. ? The Participants, except as otherwise noted in the Plan. 18 Pfandoc EMPLOYER'S ACKNOWLEDOMM As evidenced by the formal execution of this Adoption Agreement, the undersigned Employer adopted and established this Plan on the Effective Date as the Flexible Benefits Plan of the undersigned Employer. In doing so, the undersigned Employer acknowledges that this Adoption Agreement and this Plan are important legal instruments with significtint legal and lax Implications. The Employer also acknowledges that it has read this Adoption Agreement and the Plan in their entirety, has consulted independent legal and tax counsel other than representatives of American Family Life Assurance Company of Columbus (AFLAC'.), to the extent considered necessary, and accepts full responsibility for participation of Employees hereunder and the operation of the Plan, The Employer acknowledges that as Plan Sponsor and the Plan Administrator it shall have sole responsibility to comply with all filing, reporting and disclosure requirements imposed by the Department of Labor, Internal Revenue Service, or any other government agency, specifically including, but not limited to, creating and filing Form 5500s and preparing and distributing Summary Plan Descriptions. Furthermore, the Employer further acknowledges that it shall bear sole responsibility for amending the Plan as necessary to ensure compliance with applicable tax, labor, and other laws and regulations. Employer acknowledges receipt of the checklist of Plan Sponsor Responsibilities Included In the Plan Document Request form and has agreed to the obligations set forth therein. It is also understood and agreed that American Family Life Assurance Company of Columbus (AFLAC) and Its Subsidiaries, agents, and representatives are not providing legal or tax advice to the undersigned Employer in connection with this Plan and that no representations are made by It with respect to the operation of the Flexible Benefits Plan pursuant to the sample documents provided by American Family Life Assurance Company of Columbus (AFLAC) to the Employer. This Plan shall be construed and enforced according to the Internal Revenue Code of 1986, as amended from time to time, the applicable regulations thereto and the laws of the State of the principal place of business of the Employer. IN WITNESS WHEREOF, the Employer has caused this Plan and Adoption Agreement to be executed on the day of to ratify the adoption of the Plan adopted and effective as of the Effective Date. WITNESS: Employer. By. Title: Date: Corporate Officer RESOLUTION ADOPTING A FLEXIBLE BENEFITS PLAN The undersigned hereby. certifies that the following described Resolution was officially and legally adopted at the duty authorized official meeting of the body with legal authority (hereafter "Authority") to pass sold Resolution, Said meeting was held on the date set forth below. WHEREAS, the Authority wishes to adopt a cafeteria plan within the context of Section 125 of the Internal Revenue Code for the benefit of the employer's eligible employees. NOW, THEREFORE, BE IT RESOLVED, that the Authority hereby adopts the Flexible Benefits Plan (consisting of the flexible benefits plan document, the Adoption Agreement, and component benefit plans and Policies) for the Employer named herein below effective as of the date specified In the Adoption Agreement. RESOLVED FURTHER, that any officer of the employer may, without a further resolution, execute the Adoption Agreement and any related documents or amendments which may be necessary or appropriate to adopt the plan or maintain Its compliance with applicable Federal, State and local law, Name: Body With Legal Authority of Employer To Pass Resolution: (Examples - Board of Directors, Board of Commissioner, etc.) Date of Officlal Meeting of Authority '. • at which Resolution was Legally Passed: Signature of Person with Authority to Certify that Resolution was Legally Passed Corporate Secretary Print Name and Title of Person above [ OFFICIAL SEAL ] Dale! 'Note: Legal requirements for a valid Board of Directors Resolution vary from State to State. This document Is merely a suggested form. Each Employer should consult with Its own legal counsel to ensure compliance with applicable law, 20 Mandoc APPOINTMENT WORKSHEET FOR .COMMISSION MEETING December 5, 2002 Agenda # BOARD:. Clearwater Housing Authority MEMBERS: 5 'TERM: 4 years CHAIRPERSON: Robert Aude APPOINTED BY: Mayor, Approved by City Comm. MEETING DATES: 4th Friday, 8:30 a.m. FINANCIAL DISCLOSURE: Required PLACE: Robert H. Levison RESIDENCY REQUIREMENT: City'of Clearwater Community Center " SPECIAL QUALIFICATIONS: One member must APPTS. NEEDED: 1 be a Public Housing Resident (effective 1011184) DATE APPTS. TO BE MADE: ASAP THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Date of Original Attendance Interest in ' Name Appointment Record reappointment 1. Elizabeth Mannion 1998 NO . 887 S. Gulfview Blvd., 33767 ' THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE '. VACANCIES: Name/Address Comments/Related Experience, Etc. , 1. Deborah V. Woodard Office Manager/Trinity Presbyterian 3429 Aspen Trail, 33761 (county resident) Zipcodes current members: 2'at 33756 1 at 33761 1 at 33763 1 at 33767 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS ? ?,x'002 (must be Clearwater resident) Name: .bP,6p r-m. P% V Wd pow ri. Home Address: 3 y aq & ' K 7rrr,--?C P 41:a. -re Zip 53761--- Telephone: - 6Yz How long a resident of Clearwater? Occupation: L>Y n ew- V Field of Education: Office Address: 200( Ra-?w -brru,-ems zip 33zi s Telephone: `g4/jg - (o 2,1 1) ctz --- Employer: ?ru•.r?!es??`za-. Other Work Experience: If retired, former occupation: ;?ester,?,'', ?tvte.(?a.s..,.,Cc?,??,,?? ?,r,t,? e?65 •.? rug Cofm?rmunityLActivities: t? !.. -TU Br tel. lice-rYe m er n. & ev- y-? CaA, .?Cg- ( ch.?.u c? ?? Other Interests: V' Board Service (current and pa Board Preference: Additional Comments: Signed: Cd-t Date: z 6r)) Y See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue BOARD QUESTIONNAIRE 1- What is your understanding of the board's duties and responsibilities? 10 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? A/d c?ryy?, iZ7 ?, -mod 4Y 71--9 ._ AaVr C -/2;) 4. Why do you want to serve on this Board? as a 22? Name:??J?(. Board Name: ????...... ...... ., 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? PROPERTY APPRAISER JIM SMITH, CFA P.O. BOX 1957 CLEARWATER, FLORIDA 33757-1957 OFFICE PHONE:727 464-3207 HEARING IMPAIRED: 727 484-3370 • FAX: 727 Web Sito-http:l/pao.co.pinellas.fl.us • E-Mail: jim_smilh@pao.co.plnellas.il.us 1 Date printed: 10122102 2:03:02 PM 2001 Certified Property Value Roll RESIDENTIAL Parcel Number: 18 / 28 / 16 / 91668 / 000 / 0510 Owner's Name and Address WOODARD, DONALD W WOODARD, DEBORAH L 3429 ASPEN TRL CLEARWATER FL 33761 1102 2001 Value Just 1 Market: 205,900 } Assessed/ 186,500 Taxable Value: 161,500 2001 Taxes Tax Dist Code: CTF Fire DIstrict/TIF: 2001 Tax 3,706.63 2001 Mill 22.9513 Special Assesment: 0.00 Correction #: 0 Property Address: 3429 ASPEN TRL Property Use Code: 210 Land Use Code: 01 OR Book / Page: 06562 12240 Tenancy: HUSBAND AND WIFE 2001 Exemptions Homestead: 25,000 Widows: Disability: Other: Agricultural Exemption: Historic: Senior: Exempt Status: 1) 5 2) 3) 4) LEGAL DESCRIPTION TRAILS OF COUNTRYSIDE LOT 51 t?: ?? Clearwater City Cornmission Worksesslon Item Agenda Cover Memorandum Final Agenda Item # Meeting Date; December 5, 2002 SUBJECT/RECOMMENDATION: Request for authority to settle the workers' compensation claim, of Claimant, Catherine Slack, in Its entirety to include medical, indemnity and attorney fees for the sum of $50,000. ® and that the appropriate officials be authorized to execute same. SUMMARY: • On 09122198, Claimant, a police officer for the City of Clearwater, was participating in a defensive tactics training class when she sustained injuries to her shoulder, neck, and low back. The Claimant eventually had surgical decompression of her right shoulder for . a torn rotator cuff and impingement syndrome. Her neck injury, a herniated disc at C5- 6, and her low back injury, a chronic lumbosacral strain, have been treated conservatively. The neck and back injury may require surgical intervention in the future. • The Claimant, as a result of her work related injuries, sustained a 14% permanent impairment with permanent physical restrictions preventing her from performing patrol duty. Q The Claimant has a pending application for a work related city disability pension. This settlement is recommended as being in the best interest of the City of Clearwater by the City of Clearwater's Claims Committee, and the City of Clearwater's Risk Management Division. Reviewed by: originating Dept• JCosts: Legal Info Srvc N/A FinlRlsk (.r Marci Total $50,000 Budget public Works User Dept. Funding Source: Purchasing DCWACM f Current FY $50,000 CI Risk Mgmt Other A Attachments OP Other CIF Submitted by Appropriation Code: 590.07000-545800-519-000 City Manage X None _?? Rev. ?198 N; : ?-/...__-16 Clearwater City Commission Worksession Item # ? A- Agenda Cover Memorandum Final Agenda Item # 2 Meeting Date: 1215102 SUBJECT/RECOMMENDATION: Approve a lease between B.J.E., Inc. of Clearwater and the City for the premises at 483 Mandalay Ave., Units 106-107-108 for a period of one year to be used as the Beach Branch Library for a total cost of $56,100, and that the appropriate off clals be authorized to execute saute. SUMMARY: The Beach Branch Library has been located in the Pelican Walk shopping center at 483 Mandalay Ave. Units 106-107-108 since January 1999. The library was previously located In the Memorial Civic Center at 40 Causeway Blvd. The original lease, approved by the City Commission on November 19, 1998, was for a term of three years with a one year extension option. This lease commenced on January 1, 1999. The one year extension option was exercised for calendar year 2002. This lease expires on December 31, 2002. The.proposed lease is for a period of one year: January 1, 2003 to December 31, 2003. The total annual cost is $ 56,100 or $17.00 per square foot. This reflects an increase from the current annual cost of $46,992 or $14.24 per square foot, a 19% Increase. The total area of the three units is 3300 square feet. The Beach Branch Library has a collection of 23,034 Items, Including the Wickman Nautical Collection. The $1,826 difference between the $52,000 budgeted for this purpose and the actual cost of the lease will be funded, at first quarter, through operating savings in the Library Department. Reviewed by Originating Dept.: Costs Legal Info Srvc X Llbrary/John F. Szabo Total $56,100 Budget Public Works User Dept.: Funding Source: Purchasing X DCMIACM Library Current FY $53,826 Cl Risk Mgmt X Other Attachmonts OP Othe r Submitted by: City Manager ? None Appropriation Code: 010-01725-544200.571.000 Printed on recyggd- pur a a , S M1 BEACH DR&KCH_ LIBRARY LEASE 1. PARTIES. The parties to this shopping center lease are: 1.1 B.J.E., Inc., a Florida corporation, with a mailing address at 483.Mandalay Ave:, Clearwater, FL, as LESSOR; and 1.2 City of Clearwater, with a mailing address at 112 S. Osceola Ave., Clearwater, FL 33756, as LESSEE. 2. PREMISES. 2.1' Lessor hereby leases to Lessee the following property ,(the " premises" ) 2.1.1 Unit (s) 10.6--_107-108 of. the shopping center known as Pelican Walk (the " center" ) with street address of 483 Mandalay Avenue, Clearwater, Florida, consisting of approximately 3,200 square feet and being a portion of the property described as: Lots 32 through 43,' block "B", first addition to Clearwater Beach Park, as recorded in plat book 15, page 80, public records of Pinellas County, Florida, together with the adjacent % of a vacated alley lying along the east boundary thereof. And together with: Lots 2 through 8, block "A", replat of Block "All and lots 1 to 15 incl. block "B" of Clearwater Beach Park first addition,' according to the plat thereof as recorded in plat book-21, page 21 of the public records of Pinellas County, Florida, together with the adjacent of a vacated alley lying along the west boundary thereof 2.1.2 Lessor covenants and agrees to provide five (5) ,parking spaces for the exclusive use of the Lessee, its '. employees and/or patrons. Lessee will be responsible for picking up and,disposing of all trash, garbage and other debris upon or.about the premises and the designated parking spaces.. Lessee in addition shall have the right -to the nonexclusive use, in common with others, of all such parking facilities, driveways, truck and service courts, walks and other facilities designed for common use as may be,designated by Lessor. 2.2 Lessor reserves the right to change-the size, layout and location of any buildings or common areas and facilities which are part of the center, as will as to reduce or expand the size of the center. 3. TERM. 3.1 This lease will be for a one year term beginning on the rent, commencement date 'as' defined in section 4 (the " term" }. Each, lease year ,will consist of a 12--month period beginning on , the rent commencement date and successive anniversaries of that date. 3.2 The parties may execute, at any time at Lessor's,option, and' Lessor will record a memorandum of this 'lease to reflect, among other, things as Lessor shall require, the date on which the term begins and ends. 4. RENT. 4.1 Base Rent. Lessee agrees to pay Lessor for and during the term the sum of $17.00. per square foot or A56_,_100 . Q0 per year as base rent payable in equal monthly installments in advance of 4, beginning on the rent commencement date of January 1, 2003. 4.1.1 The term CPT means the Consumer Price Index for All Urban Consumers, Southern Region, All Items (1982- 84 = 100) published by the Bureau of Labor Statistics of the U.S. Department of Labor. If the CPI ceases to use 1982-84 m 100 as a base, or if the CPI.is altered, modified, converted, or revised in any way, the CPT Will be adjusted to the figure that would have resulted had the change not occurred. If the CPI ceases to be. published, any substitute or successor equivalent index published by any agency of the U.S. will be used in the Lessor's sole discretion. The term "base index" means the CPT in effect for the calendar month of the rent commencement date. 2 The term '!comparison index" means the CPI in effect for the second calendar month before successive anniversaries of the rent commencement date. 4.2 Lessee may extend the lease term for one additional period of one year, on the 'same terms and conditions contained in this lease, except that: 4.2.1 Lessee agrees to pay Lessor for and during extended terms the sum of $17.00 per square foot or $56.100.00 per year as base rent payable in equal monthly installments in advance of 54.675.00 for the. initial year of the first extended term subject. to increases during three extended terms in accordance with annual CPI adjustments as provided in section 4.1. 4.2.2. The option to extend each term granted by this section" must be exercised by Lessee, if at all, not more than six nor" less' than two months before the expiration.of.the previous term, by written notice to.' Lessor. Lessee may not exercise its right to the first or second. extended terms if Lessee is in default of . s this lease. Lessee's.notice of its election to exercise its right to the first or second extended terms will be irrevocable'. 4.2.3 No further extensions of the.'term are granted. 4.3 All rent must be paid in United States currency without demand, setoff, or deduction, at Lessor's address-provided in subsection 1.1, or to any person and place designated in writing by Lessor. 4.4 The "rent-commencement date" shall be the first day of the month in which this lease is executed. 4.5 The following will be deemed additional rent.: all other costs or charges to be borne by Lessee under this lease whether or not advanced by - Lessor and whether or not specifically defined as additional,rent.. 5. UTILITIES. 5.1 Lessee must pay for all utility services to the premises during the term and must.pay all-bills before they become delinquent, so that the premises' will not be without water for health and sanitary purposes or fire protection, electricity for lighting and security, sewer, steam, heat, gas, hot water, fuel oil, or telephones for the active conduct of Lessee's business. Water usage as metered for Lessee's premises shall be charged to Lessee by Lessor and shall:be additional rent hereunder. 5.2 Lessor will not be liable to Lessee fox any interruption of utility service that is beyond Lessor's power to control or that is requested by Lessor in order to ' make repairs or alterations to the premises or any, part of the building in which the premises are located. 6.' USE OF PREMISES. 6.1 The premises are leased to Lessee solely for the- following use and no other use can. be made-of the premises ` during the term without the 'written consent, of the Lessor: Library. 7. COMPLIANCE WITH REGULATIONS. 7.1 Lessee', at Lessee's own expense, must comply promptly with all statutes, ordinances, rules, orders, regulations, and requirements of federal, state, county, and city governments and their respective agencies applicable to the use and occupancy of the premises by Lessee. This includes mandatory compliance with minimum building, health, and safety standards regarding the premises. 7.2 .Lessee will save Lessor harmless from fines, penalties, costs, expenses, or' damages. resulting from Lessee's failure to observe and perform the undertakings contained in this section. 8. : ASSIGNMENT AND,SUBLETTING. 8.1 Lessee' will not assign this lease in whole or in part, or sublet the whole or any part of the premises, or permit the use of the. whole or -any part ..oh the premises by any . licensee or concessionaire, or encumber this lease, without first obtaining the written `consent of Lessor. Lessor covenants that its consent shall not arbitrarily be withheld. 4 • 8.2 Lessee will remain liable for the performance of this lease regardless of any assignment, sublease, or license with or without the consent of Lessor. If the premises are assigned, sublet or occupied by anyone other than Lessee, Lessor may collect rent from the assignee, subtenant, or occupant, and apply the net amount collected to the rent herein reserved. No such collection shall be deemed a waiver of the covenant herein against assignment and subletting, or the acceptance of such assignee; subtenant,. or occupant as Lessee, or a release of Lessee from further performance of the covenants herein contained. 8.3 Any change in the ownership or control of Lessee by transfer of capital stock or partnership interest or otherwise will be deemed an assignment for purposes of this section. However, Lessor consents to assignment of this lease - or sublease of the premises by - Lessee to a wholly awned subsidiary of Lessee. Lessee will..remain liable for the performance of this lease regardless of assignment or sublease. 9. CONDITION OF PREMISES. 9.1 Lessee acknowledges that: (i) Lessee. has carefully inspected the premises and found,them- in a good state of repair and in clean and orderly condition; (ii) no representation has been made to. Lessee concerning Ithe suitability of the premises for Lessee's purposes; and .(iii). must deliver the premises to Lessor in the same condition they 'were in at the beginning of the term, subject to section 10. 10. ALTERATIONS; FIXTURES. 10.1 Lessee will make no alterations or improvements to the premises, after initial improvements which were approved by Lessor, without the approval of Lessor. Should alterations or improvements 'to the premises be, made by the Lessee without the express written approval of Lessor, then in addition to all other remedies of Lessor, during or after the termination of this lease, Lessee shall be liable to Lessor for all 'costs of restoring the premises to the condition they were in at the beginning of the term as.well 5 as the costs of repairing all damage to the, premises that results from the removal of same. .10:2 To the extent, that alterations or improvements to the premises are undertaken in compliance with Lessor's approval, all fixtures, installations, additions, alterations, and improvements made by Lessee or existing ,prior to Lessee's tenancy will remain the property of Lessor on termination of this lease without compensation to Lessee, unless Lessor shall have given written. notice to Lessee before the expiration of 'the term to remove- some or all of . them,'dn which event Lessee must remove such items as Lessor directs, and restore the premises to the condition they were in at the beginning of the term as well as repair all damage to the premises that results from the removal of the property. 11.' REPAIRS AND MAINTENANCE. 11.1 Lessor shall keep the common areas in good repair including the parking areas, landscaping, foundation; outer walls, roof and buried conduits, except that Lessor shall not be called upon to make any such repairs occasioned by the negligence of the Lessee, its agents, express or implied invitees, or employees. 11.2 Lessee shall keep the inside of the premises and the interior doors, ceiling, windows and window frames of said .premises in good order, condition and repair and shall also keep the premises in a clean, sanitary and safe condition in accordance with law and in accordance with all directions, rules and regulations of governmental agencies having jurisdiction. The electrical, heating and air-conditioning system and plumbing facilities shall be under the control,of Lessee, and Lessee agrees that all operation, upkeep, repairs and replacements will be at Lessee's expense. 11.3 Lessee shall be responsible. for providing all light bulbs on the premises. The plumbing facilities shall not be used for any other purposes than that for which they are constructed and no foreign objects or substances shall be thrown therein, and the expense of any breakage, stoppage or damage- resulting from the violation of this provision shall be borne by Lessee. 6 11.4 In the event Lessor pays any.monies required to,be'paid by Lessee hereunder, Lessor shall demand payment of same from Lessee and Lessee shall make payment with its next monthly payment of base rent- as additional rent after receipt of said demand. Lessee's failure to make such repayment as provided for herein shall constitute a default under the terms of this lease. 12. RIGHT OF ENTRY. 12.1'Lessor may enter the premises at all reasonable times for purposes of -inspection, to make emergency repairs, and to exhibit the premises to prospective lenders, purchasers, and tenants. 13. INDEMNITY. 13.1 Except to the extent that. indemnity is provided by insurance, Lessee must defend Lessor and indemnify. Lessor and hold Lessor harmless from all liability, losses, costs, damages, or expenses, including the cost of investigation and reasonable attorneys fees, that Lessor may incur with respect to any claim or demand arising out of the use or occupancy.of the premises by Lessee. 13.2 However, nothing herein shall constitute a waiver by lessee' of its sovereign immunity and the limitations set forth in section 768.28 Florida Statutes. 14. INSURANCE. City of Clearwater will provide letter of'self_insurance. 15. CASUALTY. 15.1• If the premises are.damaged by fire or other casualty to the extent of not more than 30% of.the rentable. square footage, Lessor must restore the premises to substantially the condition' in which they were immediately before the casualty. 15.2 if the premises are damaged by fire or other casualty to the extent of more than 30% but less than 70% of the rentable. square footage, Lessor may. elect _ to restore the, premises or to terminate this lease by written notice of the 7 election to Lessee within 60 days after the date of the casualty.. If Lessor elects to restore the premises, Lessor must proceed with restoration promptly and pursue the work diligently to completion, not to exceed eight months from the'date of the casualty. If Lessor elects to terminate this lease, 'Lessee's obligation for rent will terminate on the date of the casualty, and Lessee must vacate the premises within- 30 days after receipt of Lessor's election to terminate this lease. 15.3 If the premises are damaged by fire or other casualty to the extent of' 70% or more of rentable square footage, this lease will terminate on the date of the casualty. 15.4 Lessee's obligation for rent will abate for the portion of the. premises that is unusable by reason of casualty for the period from the date of casualty until the premises are fully restored. If the premises are not restored, Lessee.'s obligation for rent will •cease on the date of the casualty. if, however, the casualty was the result of a negligent or willful act of Lessee there will be 3> no abatement of rent. 16. CONSTRUCTION LIENS. 16.1. Lessor's interest. in the premises 'and the underlying fee is not subject to any lien' for, improvements to the premises undertaken by Lessee whether or. not such improvements were made with the consent of Lessor. 16.2 If any lien or claim of lien is filed against the premises as a result of any act of Lessee, Lessee must transfer the lien to deposit or bond as provided by law within 15 days after the lien or claim of lien was-filed. 16.3 Any recorded memorandum of this lease shall contain the prohibition against liens on the interest of Lessor in accordance with this section. 17. SUBORDINATION; ESTOPPEL CER'T'IFICATES. 17.1 This. lease is expressly subject to and subordinate to all mortgages and other obligations of Lessor that are secured by a lien on the premises, and all advances that may 8 now or hereafter become a lien on the premises, and to any extensions and renewals thereof. 17.2 On demand.of Lessor, Lessee must promptly execute and deliver any agreement of subordination reasonably required by the lender whose lien is to be given priority over this lease. Lessee will not be required to subordinate his or her interest, however, unless the lender requesting the subordination agrees not to disturb the'peaceful possession of Lessee as long as Lessee is' not in default of the obligations under this lease. 17.3 Within 10 days after a written request from Lessor, Lessee must execute and deliver a statement of the status of .this lease in the form and content Lessor or any creditor of Lessor may reasonably require, setting forth that this lease is in. full force and effect and unmodified,-or, if modified, setting forth the substance .of the modification or appending a copy of the modification to it. The statement must contain any other details. concerning the status of the lease that. Lessor deems necessary. 'If Lessee. fails to execute the written statement timely, if will constitute a representation that the lease is in good and current standing and is unmodified, which representation may be relied on by any prospective purchaser of the premises or any holder of a mortgage on the premises. 18. CONDEMNATION 18.1 Lessor and Lessee agree that if the whole of the premises, or so much .thereof as to render the balance unusable by Lessee, shall be taken under power of eminent domain, or otherwise transferred in lieu thereof, or if any part of the premises are taken and its continued operation is not in the Lessor's sole opinion, economical, this lease shall automatically terminate as of the date title vests in the taking authority. Rent will be prorated to the 'date of termination, and all advance rent and security deposits will be repaid Lessee, subject to such claims as Lessor may have for damages arising before the date of termination. Lessee shall not be entitled to any damages from Lessor for the unexpired portion of the term or extended term of this lease or injury to its leasehold interest. Lessee may pursue all available remedies for. the taking but will have no interest in the award made to Lessor. In the event of a partial taking which does not result in the termination of this lease, rent shall be apportioned according to the part of the premises remaining usable by the Lessee'.' 19. DEFAULT. 19,1 Time is of the essence in the. performance of this lease. Lessee will be deemed in default if: 19.1.1 Lessee fails-to pay rent on the day the payment is due and rent, or any portion thereof, remains unpaid for 3 day: after demand for'payment is made by Lessor; or '. 19.1.2 Lessee fails to perform or observe 'any,of Lessee's covenants, agreements or, conditions of this lease other than the payment of rent, for 10 days after demand for performance by Lessor. S 1 19.1.3. Lessee may terminate this lease at any time with 90' days written notice, if, the City Manager determines that there is no longer a municipal need for the premises or the City Commission no longer allocates adequate budgetary appropriations for the premises, or staff thereof. 19.2 Notwithstanding anything in this agreement to the contrary, demand and notice pursuant to subsection 19.1 may be served to the other party at Lessor's option by posting ,notice to, the premises. Notice must be delivered to the City Manager with a copy to the City Attorney for Lessee. .19.3 No default will be deemed waived by acceptance of rent, whether or not Lessor has knowledge of the default, unless the waiver is,expressed in writing and signed by Lessor. 1 , 20. REMEDIES OF LESSOR. 20.1 In ' the event of default by Lessee, Lessor will have the following cumulative rights, privileges, and options in addition to all other remedies now or hereafter provided by law:' 10 20.1.1 To perform any act or do anything required under this lease to be performed by Lessee, and to recover the cost thereof from Lessee. 20.1.2 To terminate the lease, re-enter, and relet the premises for the account of Lessor. Lessor will be entitled to recover from Lessee all damages that result from' Lessee's default. 21. SURRENDER. 21.1 If. Lessee abandons the premises before expiration of the term, Lessee will be deemed to have offered to terminate the lease in exchange for retention by Lessor of all prepaid rent. If Lessor accepts the offer in writing, this lease will terminate and Lessee will have no further obligation to Lessor. 21.2 No action of Lessor, including but not limited to acceptance of keys from Lessee and preparations for reletting..the premises, will be construed to be an acceptance of'Lessee's offer of surrender.' 22. CONSTRUCTIVE EVICTION. 22.1 Lessee shall not be entitled to claim a constructive eviction from the premises unless Lessee shall have first .notified. Lessor, in writing of the condition or conditions giving rise thereto and, if the complaints be justified, unless Lessor shall have failed within a reasonable time after receipt of such notice to remedy such conditions. 23. RISK OF LOSS. 23.1 All personal property placed or moved in the premises shall be at the risk of the Lessee or owner thereof. The Lessor shall not be responsible or liable to the Lessee for any.loss or damage that may be occasioned by or through the acts'or omissions of persons occupying adjoining premises or any part of the-premises adjacent to or connected with the premises hereby lease or any part.of the building which the leased premises are a part of for any loss or damage resulting to the Lessee or its property 'from bursting, stopped up or leaking water, gas, sewer or steam pipes unless the same is due to the negligence of the Lessor, its agents, servants or employees. 24: PARKING'SPACES. 24.1 Lessee, shall have the right to use the parking lot adjacent t,o the building of which the leased premises are a • part without allocating spaces to the Lessee unless, in the sole discretion of Lessor, allocation and limit,of number of spaces is necessary. .24.2 Further, Lessor may designate certain areas of the parking lot or areas off site for use by employees of Lessee, which areas shall. be used nonexclusively and shared ?.: with employees of other tenants of the center. 3 ' 25. JANITORIAL. 25.1 Lessee shall obtain and maintain janitorial services for the leased premises at its own expense. 26. SIGNAGE. .26.1 . Lessee, at Lessee's sole expense and with Lessor's prior written approval, shall have the right to erect and maintain a sign as may be architecturally compatible with the design of the center, provided it is placed in the area designated by Lessor and .conforms with all governmental codes and regulations. Lessee shall be responsible for obtaining all required permits at its own expense. Existing signage shall also be subject to this provision. Lessee shall have no entitlement to monument signage at the. entranceways or elsewhere on or about the center. 27.' HAZARDOUS SUBSTANCES. 27.1 Lessee covenants and agrees that throughout the term of ' this. lease no hazardous materials, defined as any waste materials, or other substances of any kind or character that are or 'become regulated as hazardous or toxic waste or substances, or which require special handling or treatment, under any applicable local, .state or,federal law, rule, regulation, or order, will be used, generated,' released, discharged, stored, disposed, or transported on or from the 12 premises, other applicable federal, and orders. 28. GENERAL. than, in, strict compliance with all state and local laws, rules regulations 28.1 Lessor's Assignment. Notwithstanding anything in this lease to the. contrary,. Lessor shall have the unrestricted right of assigning this lease at any time, and in the event of such assignment, the Lessor shall be relieved of all liabilities hereunder. 28.2 Attorneys Fees. In the event either party, seeks to enforce or interpret the provisions of this lease by legal action or by advice from attorneys at law, then the prevailing party.or the party whose position is maintained, shall be entitled to its reasonable 'costs, expenses and attorney's fees whether' or not, suit -is brought, or whether occurring in connections with settlement, trial, appeal, bankruptcy or- otherwise. In the case of payment of such amount by Lessee to Lessor, such amount shall be due and ' payable as additional rent with the next monthly payment of base'rent after notice of such amount is given by Lessor to Lessee 28.3 No Waiver. One or more waivers of any covenant, term or condition of this lease by.Lessor shall not be construed as a .waiver of subsequent breach of the same covenant, term of j. condition. The consent or approval by Lessor to or of any act by Lessee requiring such consent or approval shall not be deemed to waive or.render unnecessary consent to or approval of any subsequent'similar act of Lessee. 28.4 Applicable Law, Venue. This lease will be governed by the laws of Florida and shall be enforced on in a court of '. competent'jurisdiction in Pinellas County, Florida. 28.5 Captions. The captions and headings contained in this lease are for convenience only and will not be used to interpret or construe this lease. 28.5 Counterparts.' This lease . was executed in several counterparts, all, of which are to be considered one 13 document,. and 'any one of which may be introduced into evidence without production of any other copy. 28.7 Entire Agreement. This lease gets out the entire agreement of the parties. There are no implied covenants or warranties except as expressly set forth herein. No agreement to modify this lease will be effective unless in writing and executed by the party against whom. the modification is sought to be enforced. 28.8 Good Faith. obligation of good of its terms. 28.9 Gender and Number. Where the context masculine will include the.feminine and neuter will include the plural, and vice versa. This lease imposes on the parties the faith in the observance and enforcement. requires, the , the singular 28.10 Notices. All notices that either party desires or is required to give the other must be in writing and delivered by. personal delivery or by certified or registered mail. Notices to Lessor must be delivered to Lessor's address shown in the lease, and to Lessee at the premises and at the address in this Lease. Lessor may change address from time to time by giving written notice to Lessee of the change.. 28.11 Parties Bound. This lease is binding on and inures to the- benefit of the parties and their respective heirs, successors, and personal representatives. 28.12 References. Appendices to this lease, if not physically attached, are incorporated by reference when identified in this lease and initialed by the parties.' 28.13 Severability. If any provision of this lease or its application to any person or circumstance is 'declared invalid or unenforceable, the remainder of this lease will not be affected but will be enforced to the extent permitted by law. 28.14 Time of the Essence. Time is of the essence in the performance of this lease. 28.15 Trial by Jury. The parties waive trial by jury in any action, proceeding, or counterclaim brought by either party, 14 .' WITNESSES: "LESSEE" f Signature CITY,OF CLEARWATER Printed name William B. Horne,'.II ' City Manager - Signature Printed name Countersigned: Signature CITY OF CLEARWATER' '• Printed name Brian J. Aungst Mayor-Commissioner Signature Printed name ' Approved as to form: Attest':' 3 'Jennifer Simon Cynthia E. Goudeau Assistant City Attorney City Clerk i 1G ' i Clearwater City worksesslan Item #; 12/2/02 Commission Agenda Item # Agenda Cover Meeting Date: 12/5/02 Memorandum SUBJECT'/RECOMMENDATION: Approve Agreement with Alcalde and Fay to provide lobbyist services at the.federal level from 1/1/2003 to 12/31/2006 at a cost of $72,000 per year, plus expenses not to exceed $3,000 per year, and that the appropriate officials be authorized to execute same. SUMMARY: Lobbying services are needed to assist the City in pursuing funding and favorable legislation at the federal level. An RFP (Request for Proposal) was released to select a provider -for these services. Six invitations were mailed; responses were received from the firms of Alcalde & Fay; Cavarocchi, Ruscio, Dennis Associates, LLC; and City Policy Associates, LLC. The evaluation committee consisting of the City Cleric, two Assistant City Managers, City Attorney, and Finance Director, reviewed the written proposals on November'6, 2002. The committee determined Alcalde and Fay the most responsive to the criteria established in the RFP. Selection criteria were: Overall quality; Experience; Qualifications; Reports from References; and Cost for Services. Alcalde and Fay were retained September 1998 and will complete their Legislative Consultant . Services Agreement on December 31, 2002. Working closely with the City and its federal legislative delegates, the Alcalde lobbying team has been instrumental in the appropriation of important federal funding for Clearwater. Priorities for the coming year are being developed and will be forwarded to the Commission. The draft agreement is available for review in the Official Records and Legislative Services Department. Reviewed by L Legal gal ...?J/?. Budget XPublic Works N Purchasing Risk Mgmt NIA Info Srvc N/A DCM/ACM ' 6' Other N/A Originating Dept.: - - Costs Off. Rae, & Legis, . cs. Total $300,000 User Dept.: Funding Source: Current FY Not to excoed CI Attachments' $55,250 OP Other Submitted by: City Manager printed on re 0 None I AnaroDrlatlon Code: AGREEMENT THIS AGREEMENT is made and entered Into on this day of 2002, by and between The CITY OF CLEARWATER, FLORIDA (hereinafter referred to as the "CITY"), and ALCALDE AND FAY (hereinafter referred to as the "SERVICE PROVIDER") for a period of four years beginning January 1, 2003 to December 31, 2006. WITNESSETH WHEREAS, the CITY desires to obtain the assistance of the SERVICE PROVIDER with respect to legislative and administrative matters at the federal level, and WHEREAS, the SERVICE PROVIDER is uniquely qualified to provide such assistance. NOW, THEREFORE, and in consideration of the promises and the mutual covenants herein contained, the parties hereto agree as follows: Responsibilities of the Service Provider The SERVICE PROVIDER shall: 1. Meet with the CITY Manager or his designee(s) at mutually agreed upon times with respect to federal executive and legislative actions having a bearing on the CITY's fiscal and programmatic interests; 2. Implement the CITY's federal legislative agenda; 3. Establish and maintain working relationships with the executive and legislative branches of the federal government that will enhance the CITY's position with respect to: a) financial assistance applications, b) regulatory procedures, c) legislation, d) budget authorizations and appropriations, e) grant efforts and grant opportunities having applicability to City's priorities f) other areas, as directed. 4. Represent the CITY at Washington, D.C, area conferences or meetings as requested; and 5. Provide to the CITY monthly invoices for payment and routine written progress reports detailing the services that have been rendered in this AGREEMENT Responsibilities of the CITY The CITY shall; 1. Meet with the SERVICE PROVIDER and provide guidance with respect to the provision of. services; 2. Formulate and develop a legislative agenda, which shall be updated regularly, that will facilitate the SERVICE PROVIDER in the performance of his duties; and 3. Provide relevant documents, correspondence and such published materials as may facilitate the provision of services. Terms of Payment by the CITY The CITY shall pay the SERVICE PROVIDER a monthly retainer not to'exceed $6,000, in addition to $3,000 per year for out-of-pocket expenses as determined by the City Manager or designee, including travel, postage, courier, copies, and long distance telephone calls. Payment shall be made on a monthly basis, upon submission of invoice and progress reports, as per "Responsibilities of the SERVICE PROVIDER", Paragraph 5. Professional Independence of the Service Provider It is understood and agreed that the SERVICE PROVIDER is not an agent, employee or representative of the CITY or any of its agencies. The SERVICE PROVIDER is, and shall remain an independent professional with respect to all services performed under this AGREEMENT. No partnership relationship between the CITY and the SERVICE PROVIDER is created or intended by this AGREEMENT. No associate or employee of the CITY for any. purpose whatsoever. Indemnification and Hold Harmless The SERVICE PROVIDER shall hold harmless, indemnify, and defend the CITY against any claim, action, loss, damage, injury, liability, cost or expense of whatsoever kind of nature including, but no way of limitation, attorney "fees and court costs arising out of bodily injury, personal injury, damage to tangible property or claims arising out of incidental to the performance of this CONTRACT, whether or not due to or caused in part by the negligence of other culpability of the CITY, excluding only the sole negligence or culpability of the CITY. The following shall be deemed to be indemnities; The CITY of Clearwater, Florida, its employees, members, officers, employees, and agents. 2 Cancellation or Termination Either the SERVICE PROVIDER or the CITY shall have the right to terminate this AGREEMENT, in whole or in part, upon 30 calendar days prior written notice by registered mail. Conflict of Interest The SERVICE PROVIDER agrees to abide and be governed by Florida Statutes and CITY Rules which may have a bearing on the services involved in this AGREEMENT, including but not limited to, those affecting conflict of interest. Paragraph Headings The paragraph headings appearing herein shall not be deemed to govern, limit, modify or in any manner, affect the scope, meaning or intent of the provisions of this AGREEMENT. No representations or warranties shall be binding upon either party unless expressed in writing herein. IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed by their- respective and dully authorized officers the day and year first above written. Countersigned: CITY OF CLEARWATER, FLORIDA Brian J. Aungst Mayor-Commissioner By: William B. Horne, 11 City Manager Approved as to form: Attest: Pam Akin Cynthia E. Goudeau City Attorney City Clerk ALCALDE AND FAY By: . 3 Hector Alcalde President and CEO 11-1..; ...... .... . Work session Item #: / 4 Clearwater City Commission 1 Agenda Cover Memorandum Final Agenda Item # Meeting Date; I :fl s I01 SUBJECTIRECOMMENDATION: Ratify and Confirm the City Manager's approval of an increase to the Chance Management Advisors, Inc. contract for additional professional services for the Pelican Walk Parking Garage Project for an amount not to exceed $20,000; © and that the appropriate officials be authorized to execute same. SUMMARY: • In November 2001 Urbitran Associates 1 Chance Management Advisors, Inc. were retained to conduct a Peer Review of the Parsons Transportation Group Financial Analysis of Parking Garage Alternatives for Clearwater Beach. • In February 2002 Urbitran Associates 1 Chance Management Advisors Inc. were retained to conduct further analysis [conceptual design review, financial forecasts and alternative financing schemes] for the Pelican Walk Parking Garage site. • At the July 18, 2002 City Commission meeting, the Commission directed staff to have an updated parking demand analysis performed. Chance Management Advisors, Inc. was retained for this project also including a review of current and proposed development, and develop financial forecasts for the Pelican Walk Garage site. • . The results of the updated parking demand analysis forecasted significant annual deficits for several years. d At the November 21, 2002 City Commission meeting staff was directed to continue negotiations between the City and Pelican Walk. • Assistant City Manager Stone requested Chance Management Advisors, Inc. be retained to develop further financial alternatives in relation to the continued negotiations with the Pelican Walk group. 4 Funding is available from the Parking System Operating Budget, Professional Services 435-01333- 530100-545-000. Reviewed by: Legal NIA Budges Purchasln l Risk Mgmt N/A r_ Submitted by: City Managers Printed an Originating Dept: -19 Costs Info Srvc NIA PWAIEng/Parking (tb) Total $20,000 Public Works -? User Dept. Funding Source: DCM/ACM / WAlEnglParking (tb) Current FY $20,000 CIP Other Attachments OP $20,000 ?- Other © None Appropriation Code: 435-01333-530100-& Rev. 2188 ChanceManagementRatify&Confirm Work Session Item #: / _ Clearwater City Commission t Agenda Cover Memorandum Final Agenda Item # Meeting Date: 12105/02 SUBJECT/RECOM M ENDATION: Adopt Resolution 02-52 authorizing the City to enter into an agreement with CSX Transportation, Inc., for installation of one (1 ) 66" stormwater pipe in the CSX right-of-way as part of the Myrtle Avenue Drainage and Roadway Improvement project; and approve Pipeline Crossing Agreement No. CSX-044174, Q and that the appropriate officials be authorized to execute same, SUMMARY: • A work order for consultant services was approved on 12/13/01 for design, preparation of construction plans, permitting and limited construction management for the Myrtle Avenue Drainage and Roadway Improvement Project. As part of this project the City desires to construct one (1) 66" stormwater pipe. • The 66" stormwater'pipe crossing is located where the CSX Railroad intersects Jones Street, approximately 0.05 miles west of Myrtle Avenue. • CSX requires an Agreement to cover the costs of encroaching, construction risk and to provide the terms and conditions associated with placing a pipeline underneath their railway system. • The cost to the City will be $300.00 for a one-time encroachment inventory fee and $1,500.00 for a construction risk fee for a total cost of $1,800.00. • Sufficient budget and revenue are available in the 02 Stormwater Bond Construction Fund project 377-96142, Myrtle Avenue Drainage Improvements, to fund this agreement. • A copy of the Agreement is available for review in the Public Records and Legislative Services office. Reviewed byi? Legal Budget v? Purchasing Risk Mgmt _NIA submitted by: City Manager Originating Dept: /7vv Costs: Info Srvc NIA _ P'W Admin. (B.Bari(er) Total $1.800 Public Works ser Dept, Funding Source: DCM/ACM Current FY CIP Finance Attachments OP Resolution 02-52 Other ?l Appropriation Code: 377-96141-565200-539-000 W PrWed`on recvcld paper CSX Railroad Agenda Item-Jones Storm.doc ?0 1 RESOLUTION NO. 02-52 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF A PIPELINE CROSSING AGREEMENT BETWEEN THE CITY OF CLEARWATER AND CSX TRANSPORTATION, INC., FOR THE INSTALLATION OF ONE (1) 66" WATER . MAIN WITHIN CSX RIGHT-OF-WAY, PROVIDING AN EFFECTIVE DATE. WHEREAS, the . City authorizes the execution of Pipeline Crossing Agreement No. CSX-044174 and agrees to the terms and conditions of the agreement, copies of which are attached hereto, and WHEREAS, CSX Transportation Inc. has agreed to allow the City to install one (1) 66" stormwater pipe within their right-of-way in the vicinity of Jones Street, as stated within the terms of said agreement, and WHEREAS, the City Manager of the City of Clearwater is,hereby authorized to sign the agreement described in this resolution. BE IT RESOLVED BY THE CITY COMMISSION' OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission hereby accepts and approves the Pipeline Crossing Agreement between the City of Clearwater and CSX Transportation, Inc., allowing the City to install one (1) 66" stormwater pipe within CSX right-of-way. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2002. Approved as to form: J?ryan,#]. Ruff' Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Resolution'No. 02-52 AGREEMENT CHECKLIST Agreement Number: CSX-044174 Please perform the following when executing the attached instrument; X Sign the signature page in order to execute the agreement. One of the following should apply: ,3Y. Execution on behalf of a CORPORATION should be accomplished by the President, Vice President or an officer authorized by Board Resolution to execute legal documents on behalf of the Corporation. (_Coey of Board Authorization should .be_furnished for anyone signing, other than the President or Vice President.) If the Corporate name is set out erroneously In the Agreement, the document should be executed and the name corrected and initialed where it appears. (Municipal Corporation, furnish copy of such Resolution.) If Agreement Is with an INDIVIDUAL, that individual should sign the Agreement exactly as the name is set out in the caption.of the Agreement. If the name is set out erroneously in the Agreement, the document should be executed and the name corrected and initialed where it appears. If the Agreement is with a PARTNERSHIP, all general members of the partnership should execute the document unless one member of the firm has been designated managing partner or expressly by the partnership to execute the Agreement. (Furnish copy of such authority.). X The signature(s) must be WITNESSED by ONE (1) witness in the space(s) provided. X NAME(S) and TITLE(S) of person(s) executing the agreement must be typed or printed In ink directly beneath signature(s). X Social Security Number is required if Agreement is with an INDIVIDUAL, If Agreement is with other than an INDIVIDUAL, a Tax Identification Number Is required. X Furnish Certificate of-Insurance which states "CSX Transportation, Inc. as additional insured" which is required under the INSURANCE Article, to Speed Code J180, 500 Water Street, Jacksonville, FL 32202. Questions regarding the insurance requirements should be directed to CSXTs Mr. W. D. Tyler, Manager Risk Management (904) 633-5090. X Initial and date each rider attached to the document following the signature page. X In returning the Agreement, please furnish the following fee(s) set out in the Article(s) described within the Agreement: One-time Encroachment Inventory Fee (refer to FEE's Article) Construction Risk Fee (refer to INSURANCE Article) $300.00 $1,500.00 TOTAL DUE $1,800.00 i CSX'1' Corm 2037G - Page 1 Revised May 2002 o Agreement No. CSX-044174 PIPELINE CROSSING AGREEMENT THIS AGREEMENT, Made as of October 22, 2002, by and between CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water Street, Jacksonville, Florida 32202, hereinafter called "Licensor," and CITY OF CLEARWATER, a municipal corporation, political subdivision or state agency, under the laws of the State of Florida, whose mailing address is 100 South Myrtle Avenue, Suite 220, Clearwater, Florida 33758, hereinafter called "Licensee," WITNESSETH: WHEREAS, Licensee desires to construct, use and maintain a pipeline, solely for the transmission of stormwater, hereinafter called "Pipeline," under or across the track(s) and property owned or controlled by Licensor at or near Clearwater, County of Pinellas, State of Florida, located at Valuation Station 1359+96, Milepost SY-874.42, Clearwater Subdivision, hereinafter called the "Crossing," as shown on print of Licensee's Drawing JL044174, dated September 6, 2002, attached hereto and made a part hereof; other details and data pertaining to said Pipeline being as indicated on Licensee's Application Form, dated October 22, 2002, also attached hereto and made a part hereof; NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms and agreements herein contained, the parties hereto agree and covenant as follows: 1. LICENSE: 1.1 Subject to Article 17, Licensor, insofar as it has the legal right, power and authority to do so, and its present title permits, and subject to: (A) Licensoes present and future right to occupy, possess and use its property within the area of the Crossing for any and all purposes; (B) All encumbrances, conditions, covenants, easements, and limitations applicable to Licensor's title to or rights in the subject property; and (C) Compliance by Licensee with the terms and conditions herein contained; does hereby license and permit Licensee to construct, maintain, repair, renew, operate, use, alter or change said Pipeline at the Crossing above for the term herein stated, and to remove same upon termination. 1.2 The term Pipeline, as used herein, shall include only the pipes, ducts, casing, vents, manholes, connectors, fixtures, appliances and ancillary facilities devoted exclusively to the transmission usage above within the Crossing, and as shown on attached Application Form. 1.3 No additional pipeline or other facilities shall be placed, allowed or maintained by Licensee in, upon or along the Crossing except upon separate prior written consent of Licensor. CSXT Norm 2037G - Page 2 Revised May 2002 o' Agreement No. C:SX-044174 2. ENCROACHMENT INVENTORY FEE: 2.1 In lieu of annual payments and in consideration of Licensor's waiver of future lce increases, Licensee shall pay Licensor a one-time nonrefundable Encroachment Inventory tree of THREE HUNDRED AND 00/100 U.S. DOLLARS ($300.00) upon execution of this Agreement, Licensee agrees that the License Fee applies only to the original Licensee under this Agreement. In the event of a successor (by merger, consolidation, reorganization and/or assignment) or if the original Licensee changes its name, then Licensee shall be subject to payment of Licensor's current administrative and document preparation fees for the cost incurred by Licensor in preparing and maintaining this Agreement on a current basis. 2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or reimburse Licensor), any additional annual taxes and/or periodic assessments levied tiguinst Licensor or Licensor's property solely on account of said Pipeline or Crossing. 2.3 This Agreement shall be effective upon the date first written above. License. slits] I be revocable only; as herein provided, but shall also ierminate upon (a) Licensee's ce'ssittcon ofuse of the Pipeline or Crossing for the purpose(s) above, (b) removal of the Pipeline, nncvor (c) subsequent mutual consent. 2.4 In further consideration for the license or right hereby granted, Licensee hereby agrees that Licensor shall not be charged or assessed, directly or indirectly, with tiny part of the cost of the installation of said Pipeline and appurtenances, and/or maintenance: thereof, or for tiny public works project of which said Pipeline is a part. 3. CONSTRUCTION, MAINTENANCE AND REPAIRS: 3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove said Pipeline, in a prudent, workmanlike manner, using quality materials'and complying with: any applicable standard(s) or regulation(s) of Licensor (A.R.E.M.A. SpeciIie:ations) and Licensee's particular industry, and/or any governmental or regulatory body linving jurisdiction over the Crossing or Pipeline. 3.2 Location and construction of Pipeline shall be made strictly in accordance with design(s) and specifications furnished to and approved by licensor, and ofmate:riul(s) and size(s) appropriate for the purpose(s) above recited. 3.3 All Licensee's work and exercise of rights hereunder shall be undertaken tit time(s) satisfactory to Licensor and so as to eliminate or minimize any impact on or interlerenec: with the safe use and operation of Licensor's track(s). CSXT Form 2037G - Page 3 Itevised May 2002 o Agreement No. CSX-041174 3.4 In the installation, maintenance, repair and/or removal of'said Pipeline, Licensee shall not use explosives of any type or perform or cause any blasting without the separate express written consent of Licensor. As a condition to such consent, a representative will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the entire cost arnd/or expense of furnishing said monitor. 3.5 Any repairs or maintenance to Pipeline, whether resulting from acts of Licensee, or natural or weather events, which are necessary to protect or facilitate Licensoe's use ol'its property, shall be made by Licensee promptly, but in no event later than thirty (30) days tiller Ueensce Iias notice as to the need for such repairs or maintenance. 3.6 Licensor, in order to protect or safeguard its property, rail operations, e;quipmctlt and/or employees from damage or injury, may request immediate repair or renewal of tile llipchne, and if the same is not performed, may make or contract to make such repairs or renewals, at the sole risk, cost and expense of Licensee. . 3.7 Neither the failure of Licensor to object to any work done, material used, or method of construction or maintenance of said Crossing, nor any approval given or supervision exercised by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of 'any of the obligations, liability'and/or responsibility of Licensee under this Agreement. 3.8 Licensee hereby agrees to reimburse Licensor any loss, cost or expense (including losses resulting' from train delays and/or inability to meet train schedules) arising from any failure of Licensee to make repairs or conduct maintenance as required by Section 3.5 above or lroin improper or incomplete repairs or maintenance to Pipeline. 4. PERMITS, LICENSES: 4.1 Before. any work hereunder is performed, or before use of' the Crossing; for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary permit(s) (including but not limited to zoning, building, construction, health, safety or environmental matters), letter(s) or certificate(s) of approval. Licensee expressly agrees and warrants that it shall conform and limit its activities to the terms of such permit(s), approval(s) and authorization(s), and shall comply with all applicable ordinances, rules, regulations, requirements and laws of any governmental authority (state, federal or local) having-jurisdiction over Licensee's activities, including the location, contact, excavation and protection regulations of the Occupational Safety and Health Act (OSHA) (20 CFR 1926.651(b), et al.), and State "One Call" - "Call 13cfore: You Dig" requirements. 4.2 Licensee assumes sole responsibility for Iailure to obtain such permit(s) or approval(s), for any violations thereof, or for costs or expenses of compliance 'or remctly. CSXT Form 2037G - Page 4 Revised May 2002 o Agreement No. CSX-044174 5. MARKING AND SUPPORT: 5.1 With respect to any subsurface installation or maintenance upon Licensoe's property, Licensee, at its sole cost and expense, shall: (A) Support track(s) and roadbed of Licensor, in a manner satisfactory to Licensor; (B) Backfill with satisfactory material and thoroughly tamp all trenches to prevent settling of surface of land and roadbed of Licensor; and (C), Either remove any surplus earth or material from Licensor's property or cause said surplus earth or material to be placed and distributed at location(s) and in such manner as Licensor may approve. 5.2 After construction or maintenance of Pipeline, Licensee shall: (A) Restore said track(s), roadbed and.other disturbed property of Licensor; and (B) Erect, maintain and periodically verify the accuracy of aboveground markers, in a form approved by Licensor, indicating the location, depth and ownership of Pipeline or related facilities. 5.3 Licensee shall remain responsible for any settlement of the track(s) or roadbed for a period of one (1) year subsequent to completion of installation. 6. TRACK CHANGES: 6.1 In the event that Licenser's rail operations and/or track maintenance result in changes in grade or alignment of, additions to, or relocation ofLicensor's track(s) or other facilities, or in the event future use by Licensor of right-of-way and property necessitate any change of location, height or depth of Pipeline or Crossing, Licensee, at its sole cost and expense and within thirty (30) days after notice in writing front Licensor, shall make changes in Pipeline or Crossing to accommodate Licensor's track(s) or operations. 6.2 If Licensee fails to do so, Licensor may make or contract to make such changes at Licensee's cost. 7. PIPE CHANGES: 7.1 Licensee shall periodically monitor and verify the depth or height of Pipeline and Crossing in relation to Licenser's tracks and facilities, and shall relocate Pipeline or change Crossing, at Licensee's expense, should such relocation or change be necessary to comply with the minimum clearance requirements of this Agreement or of any public authority. CSXT form 2037G - Page 5 Revised May 2002 o Agreement No. CSX-044174 7.2 If Licensee undertakes to revise, renew, relocate or change all or any part of Pipeline (including any change. in circumference, diameter or radius of pipe or carrier pipe, change in operating pressure, or change in materials transmitted in and through said pipe), or is required by any public agency or court order to do so, plans therefor shall be submitted to Licensor for approval before any such change is made. After approval the terns and conditions of this Agreement shall apply thereto. 8. INTERFERENCE WITH RAIL FACILITIES: 8.1 Although the Pipe] i nc/Crossing herein permitted may not presently interfere with Licensor's railroad operations or facilities, in the event that the operation, existence or maintenance of said Pipeline, in the sole judgment of Licensor, causes: (a) interference (physical, magnetic or otherwise) with Licenser's communication, signal or other wires, powerlines, train control system, or facilities; or (b) interference in any manner with the operation, maintenance or use by Licensor of its right-of-way, track(s), structures, pole line(s), devices, other property, or any appurtenances thereto; then and in either event, Licensee, upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk, cost and expense, shall promptly take such remedial action or make such changes in its Pipeline or its installation or carrier pipe, as may be required in the reasonable judgment of Licensor to eliminate all such interference. Upon Licensee's failure to remedy or change, Licensor may do so or contract to do so, at Licensee's sole cost. 8.2 Without assuming any duty hereunder to inspect Licensee's Pipeline, Licensor hereby reserves the right to inspect same and to require Licensee to undertake necessary repairs, maintenance or adjustments to Pipeline, which Licensee hereby agrees to make promptly, at Licensee's sole cost and expense. 9. RISK, LIABILITY, INDEMNITY: With respect to the relative risk and liabilities of the parties, it is hereby agreed that: . 9.1 Licensee hereby assumes, and, to the fullest extent permitted by State law (Constitutional or Statutory, as amended), shall defend, indemnify, and hold Licensor harmless from and against any and all liability, loss, claim, suit, damage, charge or expense which Licensor may suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person whomsoever (including officers, agents, employees or invitees of Licensor), and for damage to or loss of or destruction of any property whatsoever, arising out of, resulting from, or in any way connected with the construction, presence, existence, repair, maintenance, replacement, operations, use or removal of Pipeline or any structure in connection therewith, or restoration of premises of Licensor to good order or condition after removal, EXCEPT when caused solely by the willful misconduct or gross negligence of Licensor. HOWEVER, during any period of actual construction, repair, maintenance, replacement or removal of pipeline, wherein agents, equipment or personnel of Licensee are on the railroad right-of-way, Licensee's liability hereunder shall be absolute, irrespective of any joint, sole or contributory fault or negligence of Licensor. CSX'r Conn 2037G - Page G Revised May 2002 o Agreement No, CSX-044174 9.2 Use of Licensors right-of-way involves certain risks of loss or damage as a result of Licensor's rail operations. Notwithstanding Section 9. 1, Licensee expressly assumes all risk of loss and damage to Licensee's Property or Pipeline in, on, over or under the Occupancy, including loss of or any interference with use thereof, regardless of cause, including electrical field creation, fire or derailment arising out of Licensor's rail operations. For this Section, the term "Licensee's Pro"perty" shall include pipe contents as well as property of third parties situated or placed upon Licensoe's right-of-way by Licensee or by such third parties at request of or for benefit of Licensee, . 9.3 To the extent permitted by State law, as above, Licensee assumes all responsibility for, and agrees to defend,, indemnify and hold Licensor harmless from: (a) all claims, costs and expenses, including reasonable attorneys' fees, as a consequence of any, sudden or nonsudden pollution of air, water, land and/or ground water on or off the Crossing area, arising from or in connection with the use of this Crossing or resulting from leaking, bursting, spilling, or any escape of the material transmitted in or through said Pipeline; (b) any claim or liability arising under federal or state law dealing with either such sudden or nonsudden pollution of air, water, land and/or ground water arising therefrom or the remedy thereof; and (c) any subsidence or failure of lateral or subjacent support of Licensor's tracks arising from such Pipeline leakage. 9.4 Obligations of Licensee hereunder to defend, indemnify and hold Licensor harmless shall also extend to companies and other legal entities that control, are controlled by, subsidiaries of, or are affiliated with Licensor, and their respective officers, agents and employees. 9.5 If a claim is made or action is brought against either party, for which the other party may be responsible hereunder, in whole or in part, such other party shall be notified and permitted to participate in the handling or defense of such claim or action. 10. INSURANCE: 10.1 Prior to commencement of surveys, construction or occupation of Crossing pursuant to this Agreement, Licensee shall procure, and shall maintain during the continuance of this Agreement, of Licensee's sole cost and expense, a policy of Commercial General LiabiIit Insurance (CGL}, naming Licensor as additional insured and covering liability assumed by Licensee under this Agreement. A coverage limit of not less than THREE MILLION AND 001100 U.S. DOLLARS ($3,000,000.00) Combined Single Limit per occurrence for bodily injury liability and property damage liability is currently required as a prudent minimum to protect Licensee's assumed obligations. The evidence of insurance coverage shall be endorsed to provide for thirty (30) days' notice to Licensor prior to cancellation or modification of any policy. Mail CGL certificate, along with agreement, to CSX Transportation, Inc., Speed Code J 180, 500 Water Street, Jacksonville, FL 32202, On each successive year, send certificate to Speed Code J907 at the address listed above. CSM" Form 2037G - Page 7 Revised May 2002 o Agreement No. CSX-044174 10.2 if said CGL policy does not automatically cover Licensee's contractual liability during periods of survey, construction, maintenance and continued occupation, a specific endorsement adding such coverage shall be purchased by Licensee. If said CGL policy 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. 10.3 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee, pursuant to State Statute(s), may self insure or self assume, in any amount(s), any contracted liability arising under this Agreement, under a funded program of self-insurance, which fund will respond to liability of Licensee imposed by and in accordance with the procedures established by law. 10.4 Securing such insurance shall not limit Licensee's liability under this Agreement, but shall be additional security therefor. 10.5 Specifically to cover construction and/or demolition activities 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 pay to Licensor the sum of ONE THOUSAND FIVE HUNDRED AND 00/100 U.S. DOLLARS ($1,500.00), to cover the cost of adding this Crossing to L icensor's Railroad Protective Liability (RPL) Policy for the period of actual construction. 11. GRADE CROSSINGS; FLAGGING: 11.1 Nothing herein contained shall be construed to permit Licensee, or any contractor of Licensee, to move any vehicles or equipment over track(s) of Licensor, except at public road crossing(s), without separate prior written approval of Licensor (CSXT Form 7422). 11.2 If Licensor deems it advisable, during the progress of any construction, maintenance, repair, renewal, alteration, change or removal of said Pipeline, to place watchmen, flagmen, inspectors or supervisors at the Crossing for protection of operations of Licensor or others on Licensor's right-of-way, and to keep persons, equipment and materials away from Licensor's . track(s), Licensor shall have the right to do so at the expense of Licensee, but Licensor shall nQt be liable for failure to do so. 11.3 Subject to Licensoe's consent and to Licensoe's Railroad Operating Rules and existing labor agreements, Licensee may provide such flagmen, watchmen, inspectors or supervisors, during all times of construction, repair, maintenance, replacement or removal, at Licensee's sole risk and expense; and in such event, Licensor shall not be liable for the failure or neglect of'such watchmen, flagmen, inspectors or supervisors. 12. LICENSOR'S COSTS; 12.1 Any additional or alternative costs or expenses incurred by Licensor to accommodate Licensee's continued use of Lidensoes property as a result or track changes or pipe changes shall also be paid by Licensee. CSXT Corm 2037G - Page 8 IZevised lvlny 2002 o Agreement No. CSX-044174 12.2 Licensor's expense for wages ("force account" work) and materials for any work performed at the expense of Licensee pursuant hereto shall be paid by Licensee within thirty (30) days after receipt of Licensor's bill therefor, subject to Licensee's budgetary rules. . 12.3 Such expense shall include, but not be limited to, cost of railroad labor and supervision under "force account" rules, plus current applicable overhead percentages, the actual cost of materials, and insurance, freight and handling charges on all materials used. Equipment rentals shall be in accordance with Licensoe's applicable fixed rate(s). 12.4 All undisputed bills or undisputed portions of bills not paid within said thirty (30) . .days shall thereafter accrue interest at eighteen percent (18%) per annum, unless limited by local law, and then at the highest rate so permitted. Unless Licensee shall have filmished detailed objections to such bills within said thirty (30) days, bills shall be presumed undisputed. 13. DEFAULT, BREACH, WAIVED: 13.1 The proper and complete performance of each covenant of this Agreement shall be deemed of the essence thereof, and in the event Licensee fails or refuses to fully and completely perform any of said covenants or remedy any breach within thirty (30) days after receiving written notice from Licensor to do so (or within forty-eight (48) hours in the event of notice of a railroad emergency), Licensor shall have the option of immediately revoking this Agreement and the privileges and powers hereby conferred, regardless of encroachment inventory Fee(s) having been paid in advance for any annual or other period. Upon such revocation, Licensee shall make removal in accordance with Article 14. 13.2 No waiver by Licensor of its rights as to any breach of covenant or condition herein contained shall be construed as a permanent waiver of such covenant or condition, or any subsequent breach thereof, unless such covenant or condition is permanently waived in writing by Licensor. 14. TERMINATION, REMOVAL: 14.1 All rights which Licensee may have hereunder shall cease upon the date of (a) revocation, (b) tenmination, (c) subsequent agreement, or (d) Licensee's removal of Pipeline from the Crossing. However, neither revocation nor termination of this Agreement shall affect any claims and liabilities which may have arisen or accrued hereunder, and which at the time of termination or revocation have not been satisfied; neither party, however, waiving any third party defenses or actions. 14.2 Within thirty (30) days after revocation or termination, Licensee, at its sole risk and expense, shall (a) remove Pipeline from the right-of-way of Licensor, unless the parties hereto agree otherwise, (b) restore property of Licensor in a manner satisfactory to Licensor, and (c) reimburse Licensor any loss, cost or expense of Licensor resulting from such removal. 1' ... CSX'1' Form 2037(: - Page 9 Revised May 2002 o Agreement No. CSX-044174 15. NOTICE: 15.1 Licensed sltnll give Licensor's Division Enigincer (Florida Business Unit. 5656 Adamo Drive, Tampa, FL 33619-32,10) at least five (5) days written notice before doing aM work on Licensor's right-of-way, except that in cases ofcntcrgency shorter notice may be given to said Division Engineer. 15.2 All other notices and communications concerning this Agreement shall be addressed to Licensee at the address above, and to Licensor at the address shown on Page 1, c/o CSXT . Contract Administration, J 180; or at such other address as either party may designate in writing to the other. 15.3 Unless otherwise expressly stated herein, all such notices shall be in writing and sent via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be considered effective upon: (a) actual receipt, or (b) date of refusal of such delivery. 16. ASSIGNMENT: 16.1 The rights herein conferred are the privileges of Licensee only, and Licensee shall obtain Licensoe's prior written consent to any assignment of Licensee's interest herein; said consent shall not be unreasonably withheld. 16.2 Subject to Sections 2 and 16. 1, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns. 16.3 Licensee shall give Licensor written notice of any legal succession (by merger, consolidation, reorganization, etc.) or other change of legal existence or status of Licensee, with a copy of all documents attesting to such change or legal succession, within thirty (30) days thereof. . 16.1 Licensor expressly reserves the right to assign this Agreement, in whole or in part, to any grantee or vendee of Licensor's underlying property, interests in the Crossing, upon written notice thereof to Licensee. 16.5 In the event of any unauthorized sale, transfer, assignment, sublicense or encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its option, may revoke this Agreement by giving Licensee or any such assignee written notice ofsuch revocation; and Licensee shall reimburse Licensor for any loss, cost or expense Licensor may incur as a result of Licensee's failure to obtain said consent. 16.6 In the event of sale or other conveyance by Licensor of its Right-of=Way, across, under or over, which the Crossing is constructed, Licensor's conveyance shall be made subject to the right of Licensee to continue to occupy the Crossing on the specific segment of Right-of=Way, and to operate, maintain, repair, renew thereon and to remove; therefrom the facilities of Licensee, subject to all other terms ofthis Agreement. CSXT Form 2037G - Page 10 Revised May 2002 o Agreement No. CSX-044174 17. TITLE; LIENS, ENCUM1311ANCES: 17.1 Licensee understands that Licensor occupies, uses and possesses lands, rights-of- way and rail corridors under all forms and qualities ofownership rights or facts, from full fee simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as or be deemed-to act as any warranty, guaranty or representation of the quality of Licensoe's title for any particular Right-of-Way in the Crossing occupied, used or enjoyed in any manner by Licensee under any rights created in this Agreement. It is expressly understood that Licensor does not warrant title to any Right-of-Way in the Crossing, and Licensee will accept the grants and privileges contained herein, subject to all lawful outstanding existing liens, mortgages and superior rights in and to the Right-of-Way, and all leases, licenses and easements or other interests previously granted to others herein. 17.2 The term "license," as used herein, shall mean with regard to any portion of the Right-of-Way which is owned by Licensor in fee simple absolute, or where the applicable law of the State where the Crossing is located otherwise permits Licensor to make such grants to Licensee, a "pen-nission to use" the Right-of-Way, with dominion and control over such portion of the Right.;of--Way remaining with Licensor, and no interest in or exclusive right to possess being otherwise granted to Licensee. With regard to any other portion of Right-of-Way occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives . its exclusive right to occupy the Right-of-Way and grants no other rights whatsoever under this Agreement, such waiver continuing only so long as Licensor continues its own occupation, use or control. Licensor does not warrant or guarantee that the license granted hereunder provides Licensee with all of the rights necessary to occupy any portion of the Right-of-Way. Licensee further acknowledges that it does not have the right to occupy any portion of the Right-of-Way held by Licensor in less than fee simple absolute without also receiving the consent of the owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim any interest in the Right-of-Way that would impair Licensoe's existing rights therein. 17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and absolutely waives its right to, any claim against Licensor for damages on account of any deficiencies in title to the lUglit-of-Way in the event of failure or insufficiency of Licensor's title to any portion thereof arising from Licensee's use or occupancy thereof. 17.4 Licensee agrees to full and completely indemnify and defend all claims or litigation, for slander of title, overburden of casement, or similar claims arising out of or based upon Licensee's facilities placement, or the presence of Licensee's facilities in, on, or along the Crossing, including claims for punitive or special damages. 17.5 Licensee shall not at any timc'own, or claim any right, title or interest in or to Licenser's property occupied by the Crossings, nor shall (lie exercise of this Agreement for any length of time give rise to any right title or interest in License, to said property other than the license herein created. C:SXT Form 20376 - Page 1 I acvised May 2002 o Agreement No. CSX-044174 18. GENERAL PROVISIONS: 18.1 This Agreement, arid the attached specifications, contains the entire understanding between the parties hereto. 18.2 Neither this Agreement, any provision hereof, nor any agreement or provision included herein by reference, shall operate or be constnied as being for, the benefit of any third person. 18.3 Neither the form of this Agreement, nor any language herein, shall be interpreted or construed in favor of or against either party hereto as the sole drafter thereof. 18.4 This Agreement is executed under current interpretation of applicable Federal, State, County, Municipal or other local statute, ordinance or law(s). However, each separate division (paragraph, clause, item, tern, condition, covenant or agreement) herein shall have independent and . severable status for the determination of legality, so that if any separate division is determined to be void or. unenforceable for any reason, such determination shall have no effect upon the validity or enforceability of each other separate division, or any combination thereof. '18.5 This Agreement shall be construed and governed by tine laws of the state in which the Pipeline and Crossing are located. 19. RIDERS: The following Rider(s) is/are herewith attached and included herein: ' , [ X ] 'T'elecommunication Cable or Fiber Optic line CSX'r Form 2037G - Page 12 Revised May 2002 o Agreement No. CSX-044174 " IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate (each orwhich shall constitute an original) as of the date and year first above written. Witness for Licensor: CSX TRANSPORTATION, INC. By: Print/Type Name: Print/Type Title: Witness for Licensee: CITY OF CLEARWATER By: . Countersigned: Who, by the execution hereof, affirms that he/she has the authority to do so and to bind the Licensee M AI to the terms and conditions.of this Agreement. Print/'r a Name: William B. Horne ii yp Brian J. Aungst Mayor-Commissioner City Manager Print/Type Title: ;. Approved as to form: Tax, Identification Number: L Authority under Ordinance or 4 ResoIution No. 02-52 a t dated Ass antCity At ry Attest: Cynthia E. Goudeau . City Clerk COMMUNICATIONS CABLE OR FIBER OPTIC LINE PRO'T'ECTION RIDER I . No construction of any type pursuant or related in any way to this Agreement shall be commenced by Licensee, or by any agent, representative, contractor, subcontractor of Licensee, without Licensee first giving at least thirty (30) days written notice to the following Parallel Cable Occupier(s): ("MCI") Mr.Bryan Tooley MCI Telecommunications Corporation 2250 Lakeside Blvd Dept 42855 Location 642 Richardson, TX 75082 Phone No. (800) 624-9675 or (972) 656-5159 (NOTE: WRITTEN CONSENT OF MCI IS ALSO REQUIRED) 2. The notice shall be accompanied by drawing(s) showing the general plan, elevation, details and methods of Licensee's proposed construction, and the location of Occupier(s)' cable or facilities in relation to Licensee's proposed construction. 3. Prior to any construction, Licensee must locate and identify, any existing cable,. wire or fiber optic line (including any appurtenances thereto) of said cable occupier(s) traversing or located in, on, or immediately adjacent to the proposed Crossing, at Licensee's sole risk. 4. Any changes, alteration, relocation or protection of wire(s), cable(s) or facilities of such Occupier(s), required by said Occupier(s), shall be at Licensee's sole expense except as otherwise negotiated between Licensee and said Occupier(s). 5. Licensee shall be solely responsible and liable for any damage to (e.g., cutting, dislocating, etc.) said wire(s) or cable(s), and appurtenances thereto, resulting in any way from Licensee's exercise of rights or, privileges under this Agreement. 6. Licensee shall defend, indemnify and hold Licensor harmless from any such damage claims and any relocation or protection costs of said Occupier(s). CSX TRANSPORTATION, INC. Licensor: (Initial) CITY OF CLEARWATER Licensee: (Date) (Initial) (Date) CSXT 7455 Rev. 211!02 APPLICATION FOR P1PC1.1NE CROSSING uNNDI:R/OVER PROPERTIES AND TRACK For RA Use Division Subdivision Val sec. (Map) (Jc 64 Location: Val. Sta c milepost F7 ?f - No. Crossings Application and plans must be approved and written authority received from the Railroad Company before construction is begun. Ori ,inal and one copy of both application and drawing, along with a nonrefundable Application Fee in the amount of $650.00 should be submitted to: CSX Transportation, Property Services 1180, 500 Water SMxt, Jacksonville, Fl: • 32202. 1'. ReferenorJFde Number: 2. Complete Inal Name of applicant-- City of C1 earwatgr. Florida. Company Contact- Name: Brian Barker, Ir. Tide: Civil Engineer II Telepbauc: L_727 - )562.-47Z9 ; Fax:( 727 ) 2-4755 _ 3. Address: jaQ S. Myrtle Avenue 1220 City:-Uearwater State:-Florida zip: 337-5-8 4. Type of business: Individual, Developer, Municipality, Corporation, (State in which inc6gwrated: , j, Partnership, (type and state of Partnership . _ ) 5. Location: 2,230 feet -- southwest (direction) from Railroad MiIcPoSt--5Y874 Vahiation Station of Crossing if known: -Val. Map No. -- 6. 'I'owa: County: Stater] on da 7. Ahglc•ofcrossing: 90 dead . $. Temporary track support or riprapping required? Yes No X_ (Describe and Detail on Drawing} 9. Wires, poles, obstructions to be relocated? Yes No X _(Describe and Detail on Drawing) 10. Product io be conveyed starmwater Flammable? Yes No X Tesnpctatzrre amhi rsnt, 11. Max. Working Pressure _NIA gravity ,PSI. Field Test Pressure N PSI. Type Test N/A 12. Loeatiod of shut-off valves N/ 13. Numb erofmanholes located on Railroad Right-of-Way: none nronost-d 14. PIPE SPECIFICATIONS: CARRIER PIPE: CASING PIPE: Material Steel Stee l MaterialSpecificatious&,Grade, ASTM A139 Grade "B° AS TM A139 Grade Milnimum Yield Strength of Material PSI 35,006 35,000 Inside Diameter • 6 -i nc mortar, lining) 72-inch Wall Ibickness 0.375 inch minimum inch minimum outside Diameter 68 inch maximum 74 inch minimum Type of Seam Seamless Seamless Kind of Joints l=ie d-wel ded Field-welded- Total Length Within Railroad Right-of-Way 50 feet • 50 feet . Vents: Number none size N/A Height above ground N/A Scals:.Bbth ends N/A _ One end N/A _ Bury: Base of rail to top of casing 5 . feet, 4 inches, Bury (Not beneath tracks) 3 feet, 0 • inches mi mi mum Bury: (Below ditches) 3 feet, 0 inches minimum CATHODIC PF(OTECTION: Yes No X PROTECTIVE COATING: Yes X No Kind black bituminous 15. Method of installation jack and bore 16. If application is a revision to an existing agrecnzrnt, give agreement number and date: N/A 17. If this a supplement to a master (general) agreement, give agreement number and date: N/A 18. If Aegis member, work to be performed by. _B LA Contractor Company employees 19. ME pipe be located in limits of public road Right-of-Way?' Yes X No . (If "yes",-show name road nu;nber and width of Right-of-Way on print). DOTIAAR Crossing No. DOT626814a Proposal and construction must be in accordance with CSX rs Specifications, Uc American Railway Engineering Association, and any governing laws or regulations. Please note that the specifications furnished in the Pipeline Application Package are to be used as a guideline only, CSXT reserves the right to approve or decline any application. Date Signature & Title of Officer Making Application Please Type or Print:____ Name Title Telephone Number 1 S L { 'd b 'd tf' >n to a r a x N U oc a. 0 M W n a' a M t0 ?' • CSX R/W BASED ON PINELLAS COUNTY TAX MAP UP SY57A - •Gsx R, V ( N *CS)( R W I zs' •--------?--- zs' 0 2230' can^c? OOT 8288140 ROAD R/W SCALE 1 "=3 SY 874.3 05. WNC CVRR C I 5' C ON 5/ s' toNC sM -ccc F) f ANGLE OF ROSSING C ON ES ST oD 2 . - I FIR 5/8' cow I C - ` txix 4' SM a' CoNC SM uc y1' 1 ?? - t` L C/v moc oLm?wC--?I ? I M .IAS BLDC IT 1 t oo++c ; g'w I F(Iw ROAD R/W WATER W • •csx csx R/W R/W 26 25' --= 25' 26 EL BOTTOM 0F L 25.43 24 _ 24 1 22 'r 22 8' M GM 50 LF OF 72" I.D. STEEL. INV EL 22. 2 V CASING PIPE JACK AND 10" SS BORE. 20 20 INV. Pa-5 RoROS1 D 8' I.D. STEEL =6 I P€ P _ 18 ?p 18 CASINCm19.09 CASCADE WATERWORKS CASING SPACER OR APPROVED EQUAL. SPACING 16 RECOMMENDED BY MANUFACTU ER 16 PROPOSED 88" I.O. PIPE 14 14 L F HOR 1"= 30' 12 BOTTOM OF CASINC 1x.93 INV EL 13.28 VER 1 =4 12 216+00 cm 217+00 City of Clearwater, Florida Pinellas County Myrtle Ave. Roadway and Drainage Improvements Figure For Janes St. CSX Stormwater Pipeline Crossing 218+00 Figure No. 1 A SE ra yw .. Clearwater City Coniniission Ageiida Cover Memorandum Work Session Item #: W_?` Final Agenda Item # _32 Meeting Date: 12105102 SUBJECT/RECOMMENDATION: Adopt Resolution 02-53 authorizing the City to enter into an agreement with CSX Transportation, Inc., for installation of one (1) 13" water main in the CSX right-of-way as part of the Myrtle Avenue Drainage and Roadway Improvement project; and approve Pipeline Crossing Agreement No. CSX-044436, © and_that _the-appropriate officials be authorized to execute same. SUMMARY: • A work order for consultant services was approved on 12/13/01 for design, preparation of construction plans, permitting and limited construction management for the Myrtle Avenue Drainage and. Roadway Improvement Project. As part of this project the. City desires to construct one (1) 13" water main. The 13" water main crossing is located where the CSX Railroad intersects Janes Street, approximately 0.05 miles west of Myrtle Avenue. • CSX requires an Agreement to cover the costs of encroaching, construction risk and to provide the terms and conditions associated with placing a pipeline underneath their railway system. • The cost to the City will be $300.00 for a one-time encroachment inventory fee and $750.00 for a construction risk fee for a total cost of $1,050.00. • Sufficient budget and revenue are available in the Capital Improvement Program proiects 315-96744, Water System Expansion. • A copy of the. Agreement is available for review in the Official Records and Legislative Services office. Reviewed by' Originating Dept; V Legal Info Srvc N!A PW Admin (B.Barker)? Budget Public Works .010 User Dept. Purchasing DCMIACM r Risk Mgmt NIA _ Finance , NIA Attachments Resolution 02-53 submitted by: City Menoger (dA C-11- on recvcled paper Costs: Total S1.050 Funding Source: Current FY CIP OP Other Appropriation Code: 315-96744.565200533-000 CSX Railroad Agenda Item-Jones Water.doc _1 RESOLUTION NO. 02-53 A. RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF A PIPELINE CROSSING AGREEMENT BETWEEN THE CITY OF CLEARWATER AND CSX TRANSPORTATION, INC., FOR THE INSTALLATION OF ONE (1) 13" WATER MAIN WITHIN CSX RIGHT-OF-WAY, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City authorizes . the execution of Pipeline Crossing Agreement No. CSX-044438 and agrees' to the terms and conditions of the agreement, copies of which are attached hereto, and WHEREAS, CSX Transportation Inc. has agreed to allow the City to install one (1) 13" water main within their right-of-way in the vicinity of Jones Street, as stated within the terms of said agreement, and WHEREAS, the City Manager of the City of Clearwater is hereby authorized to sign the agreement described in this resolution. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission hereby accepts and approves the Pipeline Crossing Agreement between the City of Clearwater and CSX Transportation, Inc.,. allowing the City to install one (1) 13" water main within CSX right-of-way. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of " , 2002. Brian J. Aungst Mayor-Commissioner Apps d as to f? L B n .Ruff Ass! " ant Ci y Attorney Attest: Cynthia E. Goudeau City Clerk 0 Resolution No. 02-53 AGREEMENT CHECKLIST Agreement Number: CSX-044438 Please perform the following when executing the attached Instrument: X Sign the signature page in order to execute the agreement. One of the following should apply: Execution on behalf of a CORPORATION should be accomplished by the President, Vice President or an officer authorized by Board Resolution to execute legal documents on behalf of the Corporation. (Copy of Board Authorization should be furnished for anyone signing, other than the President or Vice President.) If the Corporate name is set out erroneously In the Agreement, the document should be executed and the name corrected and initialed where it appears. (Municipal Corporation, furnish copy of such Resolution.) If Agreement Is with.an INDIVIDUAL, that individual should sign the Agreement exactly as the name Is set out in the caption of the Agreement. If the name is set out erroneously in the Agreement, the document should be executed and the name corrected and initialed where it appears. If the Agreement Is with a PARTNERSHIP, all general members of the partnership should execute the document unless one member of the firm has been designated managing partner or expressly by the partnership to execute the Agreement. (Furnish copy of such authority.) X The signature(s) must be WITNESSED by ONE (1) witness in the space(s) provided. X NAME(S) and TITLE(S) of person(s) executing the agreement must be typed or printed in ink directly beneath signature(s). X Social Security Number is required if Agreement is with an INDIVIDUAL, if Agreement is with other than an INDIVIDUAL, a Tax Identification Number Is required. X Furnish Certificate of Insurance which states "CSX Transportation, Inc. as additional insured," which is required under the INSURANCE Article, to Speed Code J180, 500 Water Street, Jacksonville, FL 32202. Questions regarding .the insurance requirements should be directed to CSXTs Mr. W. D. Tyler, Manager Risk Management (904) 633-5090. X In returning the Agreement, please furnish the following fee(s) set out in the Article(s) described within the Agreement: One-time Encroachment Inventory Fee (refer to FEE'S Article) Construction Risk Fee (refer to INSURANCE Article) $300.00 $750.00 TOTAL DUE $1,050.00 CSXT Dorm 2037G - Page I Revised May 200?. o Agreement No. CSX-044438 PIPELINE CROSSING AGREEMEN'T' THIS AGREEMENT, Made as of November 5, 2002, by and between CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water Street, Jacksonville, Florida 32202, hereinafter called "Licensor," and CITY OF CLEARWATER, a municipal corporation, political subdivision or state agency, under the laws of the State of Florida, whose mailing address is f00 South Myrtle Avenue, Suite 220, Clearwater, Florida 33758, hereinafter called "Licensee," WITNESSETH: WHEREAS, Licensee desires to construct, use and maintain a pipeline, solely for the transmission of potable water, hereinafter called "Pipeline," under or across the track(s) and property owned or controlled by Licensor at or near Clearwater, County of Pinellas, State of Florida, located at Valuation Station 1359+71, Milepost SY-874.42, Clearwater Subdivision, hereinafter called the "Crossing," as shown on print of Licensee's Drawing JL044438, dated October 23, 2002, attached hereto and made a part hereof, other details and data pertaining to said Pipeline being as indicated on Licensee's Application Form, dated November 5, 2002, also attached hereto and made a part hereof; NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms and agreements herein contained, the parties hereto agree and covenant as follows: 1. LICENSE: 1.1 Subject to Article 17, Licensor, insofar as it has the legal right, power and authority to do so, and its present title permits, and subject to: (A) Licensor's present and future right to occupy, possess and use its property within the area of the Crossing for any and all purposes; (B) All encumbrances, conditions, covenants, easements, and limitations applicable to Licensoe's title to or rights in the subject property; and (C) Compliance by Licensee witli the terms and conditions herein contained; does hereby license and permit Licensee to constrict, maintain, repair, renew, operate, use, alter or change said Pipeline at the Crossing above for the tern herein stated, and to remove same upon termination. 1.2 The term Pipeline, as used herein, shall include only the pipes, ducts, casing, vents, manholes, connectors, fixtures, appliances and ancillary facilities devoted exclusively to the transmission usage above within the Crossing, and as shown on attached Application Form. 1.3 No additional pipeline or other facilities shall be placed, allowed or maintained by Licensee in, upon or along the Crossing except upon separate prior written consent of Licensor. CSXT'Form 2037G - Page 2 Revised May 2002 o Agreement No. CSX-044438 2. ENCROACHMENT INVENTORY FEE: 2.1 In lieu of annual payments and in consideration of Licensor's waiver of future f'ce increases, Licensee shall pay Licenser a one-time nonrefundable Encroachment Inventory Fee of THREE. HUNDRED AND 00/100 U.S. DOLLARS ($300.00) upon execution of this Agreement. Licensee agrees that the License Fee applies only to the original Licensee under this Agreement. In the eventbof a successor (by merger, consolidation, reorganization and/or assignment) or if the original Licensee changes its name, then Licensee shall be subjbct to payment of Licensor's current administrative and document preparation fees for the cost incurred by Licensor in preparing and maintaining this Agreement on a current basis. 2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or reimburse Licensor), any additional annual taxes and/or periodic assessments levied against Licensor or Licensoe's property solely on account of said Pipeline or Crossing. 2.3 This Agreement shall be effective upon the date first written above. License shall be revocable only, as herein provided, but shall also terminate upon (a) Licensee's cessation of use of the Pipeline or Crossing for the purpose(s) above, (b) removal of the Pipeline, and/or (c) subsequent mutual consent. 2.4 In further consideration for the license or right hereby granted, Licensee hereby agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part of the cost of the installation of said Pipeline and appurtenances, and/or maintenance thereof, or for any public works project of which said Pipeline is a part. 3. CONSTRUCTION, MAINTENANCE AND REPAIRS: 3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove said Pipeline, in a prudent, workmanlike manner, using quality materials and complying with:. any applicable standard(s) or regulation(s) of Licensor (A.R.E.M.A. Specifications) and Licensee's particular industry, and/or any governmental or regulatory body having; jurisdiction over the Crossing or Pipeline. 3.2 Location and construction of Pipeline shall be made strictly in accordance with design(s) and specifications furnished to and approved by Licensor, and of material(s) and size(s) appropriate for the purpose(s) above recited. 3.3 All Licensee's work and exercise of rights hereunder shall be undertaken at time(s) satisfactory to Licensor and so as to eliminate or minimize any impact on or interference with the safe use and operation of Licensoe's track(s). CSX'I' Form 20370 - I'age 3 Revised May 2002 r3 Agreement No. CSX-044438 3.4 In the installation, maintenance, repair and/or removal of said Pipeline, Licensee shall not use explosives of any type or perform or cause any blasting without the separate express written consent of Licensor. As a condition to such consent, a representative will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the entire cost and/or expense of furnishing said monitor. 3.5 Any repairs or maintenance to Pipeline, whether resulting from acts of Licensee, or natural or weather events, which are necessary to protect or facilitate Licensee's use of its property, shall be made by Licensee. promptly, but in no event later than thirty (30) days after Licensee has notice as to the need for such repairs or maintenance. 3.6 Licensor, in order to protect or safeguard its property, rail operations, equipment and/or employees from damage or injury, may request immediate repair or renewal of the Pipeline, and if the same is not performed, may make or contract to make such repairs or renewals, at the sole risk, cost and expense of Licensee. 3.7 Neither the failure of Licensor to object to any work done, material used, or method of construction or maintenance of said Crossing, nor any approval given or supervision exercised by Licensor, shall be construed as an admission of Hability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this Agreement. 3.8 . Licensee hereby agrees to reimburse Licensor any loss, cost or expense (including; losses 'resulting from train delays and/or inability to meet train schedules) arising from any failure of Licensee to make repairs or conduct maintenance as required by Section 3.5 above or from improper or incomplete repairs or maintenance to Pipeline. 4. PERMITS, LICENSES: 4.1 Before any work hereunder is performed, or before use of the Crossing for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary permit(s) (including but not limited to zoning, building, construction, health, safety or environmental matters), letter(s) or certificate(s) of approval. Licensee expressly agrees and warrants that it shall conform and limit its activities to the terns of such permit(s), approval.(s) and authorization(s), and shall comply with all applicable ordinances, rules, yegulations, requirements and laws of any governmental authority (state, federal or local) having jurisdiction over Licensee's activities, including the location, contact, excavation and protection regulations of the Occupational Safety and Health Act (OSHA) (20 CFR 1926.651(b), et al.), and State "One Call" - "Call Before You Dig" requirements. 4.2 Licensee assumes sole responsibility for failure to obtain such permit(s) or approval(s), for any violations thereof, or for costs or expenses of compliance or remedy. CSX'I' Forni 2037Ci - Page 4 Revised Nlay 2002 o Agreement No. CSX-0444311 5., MARKING AND SUPPORT: 5.1 With respect to any subsurflace installation or maintenance upon Licenser's property, Licensee, at its sole cost and expense, shall: (A) Support track(s) and roadbed of Licensor, in a manner satisfactory to Licensor; (B) Backfill with satisfactory material and thoroughly tamp all trenches to prevent settling of surface of land and roadbed of Licensor; and (C) Either remove any surplus earth or material from Licensor's property or cause said surplus earth or material to be placed and distributed at location(s) and in such manner as Licensor may approve. 5.2 After construction or maintenance of Pipeline, Licensee shall: (A) Restore said track(s), roadbed and other disturbed property of Licensor; and (B) Erect, maintain and periodically verify the accuracy of aboveground markers, in a form approved by Licensor, indicating the location, depth and ownership of Pipeline or related facilities. 5.3 Licensee shall remain responsible for any settlement of the track(s) or roadbed for a period Iof one (1) year subsequent to completion of installation. 6. TRACK CHANGES: 6.1 In the event that Licensor's rail operations and/or track maintenance result in changes in grade or alignment of, additions to, or relocation of Licensor's track(s) or other facilities, or in the event future use by Licensor of right-of-way and property necessitate any change of location, height or depth of Pipeline or Crossing, Licensee, at its sole cost and expense and within thirty (30) days after notice in writing from Licensor, shall make changes in Pipeline or Crossing to accommodate Licensoe's track(s) or operations. 6.2 If Licensee fails to do so, Licensor may make or contract to make such changes at Licensee's cost. 7. PIPE CHANGES: 7.1 Licensee shall periodically monitor and verify the depth or height of Pipeline and Crossing in relation to Licensor's tracks and facilities, and shall relocate Pipeline: or change Crossing, at Licensee's expense, should such relocation or change be necessary to comply with the minimum clearance requirements of this Agreement or of any public authority. CSXT Form 20370; - Page 5 Revised Nlay 2002 o Agreeiiiem No. CSX-044438 7.2 if Licensee undertakes to revise, renew, relocate or change gill or any part of Pipeline (including any change in circumference, diameter or radius ol'pipe or carrier pipe, change in operating pressure, or change in materials transmitted in and through said pipe), or is required by any public agency or court order to do so, plans therefor shall be submitted to Licensor for approval before any such change is made. Alter approval the terms and conditions of this Agreement shall apply thereto. 8. INTERFERENCE WITH RAIL FACILITIES: 8.1 Although the Pipeline/Crossing herein permitted may not presently interfere with Licensor's railroad operations or facilities, in the event that the operation, existence or maintenance of said Pipeline, in the sole judgment of Licensor, causes: (a) interference (physical, magnetic or otherwise) with Licensoe's communication, signal or other wires, powerlines, train control system, or facilities; or (b) interference in any manner with the operation, maintenance or use by Licensor of its right-of-way, track(s), structures, pole line(s), devices, other property, or any appurtenances thereto; then and in either event, Licensee, upon receipt of written notice .from Licensor of any such interference, and at Licensee's sole risk, cost and expense, shall promptly take such remedial action or make such changes in its Pipeline or its installation or carrier pipe, as may be required in the reasonable judgment of Licensor to eliminate all such interference. Upon Licensee's failure to remedy or change, Licensor may do so or contract to do so, at Licensee's sole cost. 8.2 Without assuming any duty hereunder to inspect Licensee's Pipeline, Licensor hereby reserves the right to inspect same and to require Licensee to undertake necessary repairs, maintenance or adjustments to Pipeline, which Licensee hereby agrees to make promptly, at Licensee's sole cost and expense. 9. RISK, LIABILITY, INDEMNITY: With respect to the relative risk and liabilities of the parties, it is hereby agreed that: 9.1 Licensee hereby assumes, and, to the fullest extent permitted by State law (Constitutional or Statutory, as amended), shall defend, indemnify, and hold Licensor harmless from and against any and all liability, loss, claim, suit, damage, charge or expense which Licensor may suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person whomsoever (including officers, agents, employees or invitees of Licensor), and for damage to or loss of or destruction of any property whatsoever, arising out of, resulting from, or in any way connected with the construction, presence, existence, repair, maintenance, replacement, operations, use or removal of Pipeline or any structure in connection therewith, or restoration of premises of Licensor to good order or condition after removal, EXCEPT when caused solely by the willful misconduct or gross negligence of Licensor. HOWLVER, during any period of actual construction, repair, maintenance, replacement or removal of pipeline, wherein agents, equipment or personnel of Licensee are on the railroad right-of-way, Licensee's liability hereunder shall be absolute, irrespective of any joint, sole or contributory fault or negligence ot'Licensor. CSXT Form 20376 - Page G Revised Nlay 2002 o Agreement No. CSX-044438 9.2 Use of Licensor's right-of-way involves certain risks of loss or damage as a result of Licensor's rail operations. Notwithstanding Section 9. 1, Licensee expressly assumes all risk of loss and damage to Licensee's Property or Pipeline in, on, over or under the Occupancy, including loss of or any interference with use thereof, regardless of cause, including electrical field creation, lire or derailment arising out of Licensoe's rail operations. For this Section, the term "Licensee's Property" shall include pipe contents as well as property of tliird parties situated or placed upon Licensor's right-of-way by Licensee or by such third parties at request of or for benefit of Licensee. 9.3 To the extent permitted by State law, as above, Licensee assumes all responsibility for, and agrees to defend, indemnify and hold Licensor harmless from: '(a) all claims, costs and expenses, including reasonable attorneys' fees, as a consequence of any sudden or nonsudden pollution of air, water, land and/or ground water on or off the Crossing area, arising from or in connection with the use of this Crossing or resulting, from leaking, bursting, spilling, or any escape of the material transmitted in or through said Pipeline; (b) any claim or liability arising under federal or state law dealing with either such sudden or nonsudden pollution of air, water, land and/or ground water arising therefrom or the remedy thereof; and (c) any subsidence or failure of lateral or subjacent support of Licensor's. tracks arising from such Pipeline leakage. 9.4 Obligations of Licensee hereunder to defend, indemnify and hold Licensor harmless shall also extend to companies and other legal entities that control, are controlled by, subsidiaries of, or are affiliated with Licensor, and their respective officers, agents and employees. 9.5 If a claim is made or action is brought against either party, for which the other party may be responsible hereunder, in whole or in part, such other party shal I be notified and pennitted to participate in the handling or defense of such claim or action. 10. INSURANCE: 10.1 Prior to. commencement of surveys, construction or occupation of Crossing pursuant to this Agreement, Licensee shall procure, and shall maintain during the continuance of this Agreement, at Licensee's sole cost and expense, a policy of Commercial General Liability Insurance (CGL), naming Licensor 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 ($3,000,000.00) Combined Single Limit per occurrence for bodily injury liability and property damage liability is currently required as a prudent minimum to protect Licensee's assumed obligations. The evidence of insurance coverage shall be endorsed to provide for thirty (30) days' notice to Licensor prior to cancellation or modification of any policy. Mail CGL certificate, along with agreement, to CSX Transportation, Inc., Speed Code J180, 500 Water Street, Jacksonville, FL 32202. On each successive year, send certificate to Speed Code J907 at the address listed above. CSX.T Form 2037G - Page 7 Revised May 2002 o Agreement No. CSX-044438 10.2 If said CGL policy sloes not automatically cover Licensee's contractual liability during periods of'survey, construction, maintenance and continued occupation, a specific endorsement adding such coverage shall be purchased by Licensee. 11'said CGL policy is written on a "claims made" basis instead ofa "per occurrence" basis, Licensee shall arrange for adequate time for reporting losses, Failure to do so shall be at Licensee's sole risk. .10.3 Notwithstanding the provisions of Sections 10. I 'and 10.2, Licensee, pursuant to .State Statute(s), may self-insure or self assume, in any amount(s), any contracted liability arising under this Agreement, under a funded program of self-insurance, which fund will respond to liability of Licensee imposed by and in accordance with the procedures established by law. 10.4. Securing such insurance shall not limit Licensee's liability under this Agreement, but shall be additional security therefor. 1.0.5 Specifically to cover construction and/or demolition activities 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 pay to Licensor the sum of SEVEN HUNDRED FIFTY AND 00/100 U.S. DOLLARS ($750.00), to cover the cost of adding this Crossing to Licensor's Railroad Protective Liability (RPL) Policy for the period of actual construction. 11. GRADE CROSSINGS; FLAGGING: 11.1 Nothing herein contained shall be construed to permit Licensee, or any contractor of Licensee, to move any vehicles or equipment over track(s) of Licensor, except at public road crossing(s), without separate prior written approval of Licensor (CSXT Form 7422). 11.2 If Licensor deems it :advisable, during the progress of any construction, maintenance, repair, renewal, alteration, change or removal of said Pipeline, to place watchmen, flagmen, inspectors or supervisors at the Crossing for protection of operations of Licensor or others on Licensor's right-of=way, and to keep persons, equipment and materials away from Licensor's track(s), Licensor shall have the right to do so at the expense of Licensee, but Licensor shall not be liable for failure to do so. 11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and existing labor agreements, Licensee may provide such flagmen, watchmen, inspectors or supervisors, during all times of construction, repair, maintenance, replacement or removal, at Licensee's sole risk and expense; and in such event, Licensor shall not be liable for the failure or neglect of such watchmen, flagmen, inspectors or supervisors. 12. LICENSOR'S COSTS: 12.1 Any additional or alternative costs or expenses incurred by Licensor to accommodate Licensee's continued use of Licensor's property as a result of track changes or pipe changes shall also be paid by Licensee. csxT burin 20370 - Page 8 Revised lvlay 2002 o Agreement No. CSX-044438 12.2 Licensor's expense for wages ("force account" work) and materials for any work performed at the expense of Liccnsce pursuant hereto shall be paid by Licensee within thirty (30) days after receipt of Licensoe's bill therefor, subiect to Licensee's budgetary rules. 12.3 Such expense shall include, but not be limited to, cost of'railroad labor and supervision under "force account" niles, plus current applicable overhead percentages, the actual cost of materials, and insurance;, freight and handling; charges on all materials used. Equipment rentals shall be in accordance with Licensor's applicable fixed rate(s). 12.4 All undisputed bills or undisputed portions of bills not paid within said thirty (30) days shall thereafter accrue interest at eighteen percent (18%) per annum, unless limited by local law, and then at the highest rate so permitted. Unless Licensee shall have furnished detailed objections to such bills within said thirty (30) days, bills shall be presumed undisputed. 13. DEFAULT, BREACH, WAIVER: 13.1 The proper and complete perfonnance of each covenant of this Agreement shall be deemed of the essence thereof, and in the event Licensee fails or refuses to fully and completely perforni any of said covenants or remedy any breach within thirty (30) days after receiving written notice from Licensor to do so (or within forty-eight (48) hours in the event of notice of a railroad emergency), Licensor shall have the option of immediately revoking this Agreement and the privileges and powers hereby conferred; regardless of encroachment inventory fee(s) having been paid,in advance for any annual or other period. Upon such revocation, Licensee shall make removal in accordance with Article 14. 13.2 No waiver by Licensor of its rights as to any breach of covenant or condition herein contained shall be construed as a permanent waiver of such covenant or condition, or any subsequent breach thereof, unless such covenant or condition is permanently waived in writing by Licensor. 14. TERMINATION, REMOVAL: 14.1 All rights which Licensee may ]lave hereunder shall cease upon the date of: (a) revocation, (b) termination, (c) subsequent agreement, or (d) Licensee's removal of Pipeline from the Crossing. However, neither revocation nor termination of this Agreement shall affect any claims and liabilities which may have arisen or accrued hereunder, and which at the time of termination or revocation have not been satisfied; neither party, however, waiving any third party defenses or actions. 14.2 Within thirty (30) days alter revocation or termination, Licensee, at its sole risk and expense, shall (a) remove Pipeline from the right-of-way of Licensor, unless the parties hereto agree otherwise, (b) restore property of Licensor in a manner satisfactory to Licensor, and (c) reimburse Licensor any loss, cost or expense of Licensor resulting from such removal. CSXT Form 2037G - Page 9 Revised May 2002 o Agreement No. CSX-014438 15. NOTICE: 15.1 Licensee shall give Licenser's Division Engineer (Florida Business Unit, 5656 Adamo Drive, Tampa, FL 33619-3240) at least five (5) days written notice before doing an work on Licensor's right-of-way, except that in cases of emergency shorter notice may be given to said Division Engineer. 15.2 All other notices and communications concerning this Agreement shall be addressed to Licensee at the address above, and to Licensor at the address shown on Page 1, c/o CSXT Contract Administration, J180; or at such other address as either party may designate in writing to the other. 15.3 Unless otherwise expressly stated herein, all such notices si}all be in writing and sent via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be considered effective upon: (a) actual receipt, or (b) date of refusal of such delivery. 16. ASSIGNMENT: 16.1 The rights herein conferred are the privileges of Licensee only, and Licensee shall obtain Licensors. prior written consent to any assignment of Licensee's interest herein; said consent shall not be unreasonably withheld. 16.2 Subject to Sections 2 and 16.1, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns. 16.3 Licensee shall give Licensor written notice of any legal succession (by merger, consolidation, reorganization, etc.) or other change of legal existence or status of Licensee, with a copy of all documents attesting to such change or legal succession, within thirty (30) days thereof: 16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in part, to any grantee ,or vendee of Licensor's underlying property interests in the Crossing, upon written notice thereof to Licensee. 16.5 In the event of any unauthorized sale, transfer, assignment, sublicense or encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its option, may revoke this Agreement by giving Licensee or any such assignee written notice of such revocation; and Licensee shall reimburse Licensor for any loss, cost or expense Licensor may incur as a result of Licensee's failure to obtain said consent. 16.6 In the event of sale or other conveyance by Licensor of its Right-or-Way, across, under or over, which the Crossing is constructed, Licensor's conveyance shall be made subject to the right of Licensee to continue to occupy the Crossing on the specific segment o!' Right-of=Way, and to operate, maintain, repair, renew thereon and to remove therefrom the facilities of Licensee, subject to all other terms of this Agreement. CSXT Form 2037G -Page 10 Revised May 2002 o Agreement No. CSX-044438 17. TITLE; LIENS, ENCUMBRANCES: 17.1 Licensee understands that Licensor occupies, uses and possesses lands, rights-o#- way and rail corridors under all forms and qualities of ownership rights or facts, from frill flee simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as or be deemed to act as any warranty, guaranty or representation of the duality of Licensoe's title for any particular Right-of-Way in the Crossing occupied, used or enjoyed in any manner by Licensee under any rights created in this Agreement. It is expressly understood that Licensor does not warrant title to any Right-of-Way in the Crossing, and Licensee will accept the grants and privileges contained lie rein, subject to all lawful outstanding existing liens, mortgages and superior rights in and to the Right-of-Way, and all leases, licenses and casements or other interests previously granted to others herein. 17.2 The term "license," as used herein, shall mean with regard to any portion of the Right-of-Way which is owned by Licensor in fee simple absolute, or where the applicable law of the State where the Crossing is located otherwise permits Licensor to make such grants to Licensee, a "permission to use" the Right-of-Way, with dominion and control over such portion of the Right-of-Way remaining with Licensor, and no interest in or exclusive right to possess being otherwise granted to Licensee. With regard to any other portion of Right-of-Way occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives its exclusive right to occupy the Right-of-Way and grants no other rights whatsoever under this Agreement, such waiver continuing only so long as Licensor continues its own occupation, use or control. Licensor does not warrant or guarantee that the license granted hereunder provides Licensee with all of the rights necessary to occupy any portion of the Right-of-Way. Licensee further acknowledges that it does not have the right to occupy any portion of the Right-of-Way held by Licensor in less than fee simple absolute without also receiving the consent of the owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim any interest in the Right-of-Way that would impair Licensor's existing rights therein. 17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and absolutely waives its right to, any claim against Licensor for damages on account of any deficiencies in title to the Right-of-Way in the event of failure or insufficiency of Licensor's title to any portion thereof arising from Licensee's use or occupancy thereof. 17.4 Licensee agrees to full and completely indemnify and defend all claims or litigation for slander of title, overburden of casement, or similar claims arising out of or based upon Licensee's facilities placement, or the presence of Licensee's facilities in, on, or along the Crossing, including claims for punitive or special damages. 17.5 Licensee shall not at any time own, or claim any right, title or interest ill or to Licensoe's property occupied by the Crossings, nor shall the exercise of this Agreement for any length of time give rise to any right title or interest in License, to said property other than the license herein created. GSX `Dorm 20376 - I'z?ge I 1 .Revised May 2002 n Agreement No. CSX-444431 18. GENERAL PROVISIONS: 18.1 This Agreement, and the attached specifications, contains the entire understanding between the parties hereto. 18.2, Neither this Agreement, any provision hereof, nor any agreement or provision included herein by reference, shall operate or be construed as being for the benefit of any third person. ' 18.3 Neither the form of this Agreement, nor any language herein, shall be interpreted or construed in favor of or against either party hereto as the sole drafter thereof. 18.4 This Agreement is executed under current interpretation of applicable Federal, State, County, Municipal or other local statute, ordinance or.law(s). However, each separate division (paragraph, clause, item, term, condition, covenant or agreement) herein shall have independent and severable status for the detennination of legality, so that if any separate division is determined to be void or unenforceable for any reason, such determination shall have no effect upon the validity or enforceability of each other separate division, or any combination thereof. 18.5 This Agreement shall be construed and governed by the laws of the state in which the Pipeline and Crossing are located. s r CSX'C Dorm 2037G - Page 12 Revised May 2002 o Agreement No. CSX-044438 IN WITNESS WHEREOR the parties hereto have executed this Agreement in duplicate (each of which shall constitute an orig inal)as of the date and year llrst above written. Witness for Licensor: CSX TRANSPORTATION, INC. By: Print/Type Name: Print/Typc Title: Witness for Licensee: CITY OF CLEARWATER By: Countersigned: 'Who, by the execution hereof, affirms that he/she . has the authority to do so and to bind the Licensee to the terms and conditions of this Agreement. ' Brian J. Aungst „ Mayot-Commissioner ' i Print/Typc Name: William B. Horne Il ; Print/Type Title: City Manager Approved as to form: Tax Ideritification Number: ,Bfya D. Ruff - Authority under Ordinance or City Atto ney• Ass stant Resolution No. 02-53 dated Attest: CSXT 7455 Rev. 2/1/02 APPLICATION FOR PIPELINE CROSSING UNDEWOVER PROPERTIES AND TRACK (Far RR Use) Division Subdivision f -1 'k,A Val Sec. (Map) Lr J l _-- r No. Crossings Location: Val. Sta. "//Milepost Application and plans must be approved and written authority received from the Railroad Company before construction is begun. Original and one copy of both application and drawing, along with a nonrefundable Application Fee in the amount of S650.00 should be submitted to: CSX Transportation, Property Services 1180, 500 Water Street, Jacksonville, FL 32202. 1. Referenee/File Number. _ 2. Complete Legal Name of applicant: 1 ty of Cl earwater, Fl art da Company Contact Name: Brian Barker Title: C1 Vi l Fngl Weer 11 Telephone: ( _727 - _) 562-4779 Fax:(_--- 727 ) 562-4755 3. Address:_ _ 100 S. &rti a Avenue 1220 _ city: Clearwater State: FL zip: 33758 4. Type of business: Individual, Developer, X Municipality, Corporation, (State in which incorporate&__ _ _ _-_ _ ), Partnership, (type and state of Partnership ) 5 Location: 2,205 feet southwest direction from Railroad Milepost SY874 Valuation Station of Crossing if known: Val. Map No. " 6. To*hi • Clearwater County: Pinellas State: FL 7. Angl6,of crossing: 90 degrees 8. Temporary track support or riprapping required? Yes No X (Describe and Detail on Drawing) 9. Wires, poles, obstructions to be relocated? Yes_ No. X (Describe and Detail on Drawing) 10. Flammable? Yes No X Temperature ambient Product 'to be conveyed potable water 11. . Max. Working Pressure 150 PSI. Field Test Pressure 100 PS I. Type Test -pressure 12. Location of shut-off valves see attached Figure 1 13. Number of manholes located on Railroad Right-of-Way: none twoposed 14. PIPE SPECIFICATIONS: CARRIER PIPE: CASING PIPE: Material DIP Steel Material. Specifications & Grade ANSI /AWWA Q151 /A21 .51 ASTM A132 Grade "B" Minimum Yield Strength of Material PSI 42.000 psi 35.000- Inside Diameter 12.64 inches 19.25 inches Wail Thickness 0.28 inches 0.375 inches Outside Diameter 13.20 inches 20 inches Type of Seam Seamless Seamless Kind of Joints Push-on Fi el d--wel ded' Total Length Within Railroad Right-of-Way 50 feet 50 feet Vents: Number _ none Size N/A _ Heiglit above ground N/A Seals: Both ends Mechanical or masonry seals One end NIA Bury: Base of rail to top of casing 5 feet, 6 inclffn Bury (Not beneath tracks) 3 feet, 0 ' inches minimum Bury: (Below ditches) 3 feet, 0 inches m1 n. CATHODIC PROTECTION: Yes No X PROTECTIVE COATING: Yes X No Kind black bi tumi !logs 15. Method of installation _jack and bore 16. If application is a revision to an existing agreement, give agreement number and date: N/A 17. If this a supplement to a master (general) agreement, give agreement number and date: N/A 18. If Aegis member, work to be performed by: N/A Contractor Company employees 19. Will pipe be located in limits of public road Right-of-Way? Yes X No (if "yes", show name road number and width of Right-of-Way on print). DOTIAAR Crossing No. DOT626814B Proposal and construction must be in accordance will[ CSXrs Specifications, The American Railway Engineering Association, and any governing laws or regulations. Please note that the specifications furnished in the Pipeline Application Package are to be used as a guideline only, CSXT reserves the right to approve or decline any application. Date Signature & Title of Officer Making Application Please Type or Print: L? ... _. _ Number E':' MP SY874 _ ?csx rr •csx s u c r c or El n v n n G r 0 x 0 5 0 Ir / 0. 0 EP 4 eo J • CSX R/W BASED ON PINELLAS COUNTY TAX MAP 4 K, 17 I' r% n 2205' wOCr Er DO+hf OOf fl2681 <g ROAD R/W I` -? SY 874.3 SCALE 1 '=3 ' AN LE OF 12" I.D. DIP WM CROSSING r WIM 19.2xr;lrI.D. STEEL CASING ?I?? ,,,, w ftr I A[fA Yr» ^-r - as' CONC ttJR9 clow `/s blew 7 w4 c: /.1 F} " 218400 N• JONES ST _ . Z17 DO - CURD [LRP _ ` FER 5/8- Caw C - ?.` rnw -- ? L?-?-? 1 t/a noc oxRn+wc-•?1 d 1 STY IAAS pLflC C aaw EDD-113 1 ry AD" I ROAD R/Yf Acr WATER m cc C •CSx ?CSX R/W R/W 26 25' - 25' 26 EL BOTTOM OF L 25.38 24 24 B" I STL GM EL 22.32 22 w 10" ss ?'?'PRaPOSE?-zo=cr . 22 TOP OF INV EL 22. 4 STEEL PIPE CASING. CASING-19.88 PROPOSED 20 13.2" O.D. 20 D.I.P 18 18 16 I r?S?yD?w?YFR nR 16 CASING SPACER OR CASING 18.22 APPROVED EQUAL. SPACIN G AS RECOMMENDED DY MANUF TURER 14 14 HOR 1 "=30' 12 VER 1 "=4' 12 216+00 217+00 218+00 City of Clearwater, Florida Figure No. 1 Pinellas County fl- _ Roadway- and- Drainage -Improvements r Figure For Janes St. CSX Water Main Crossing ? t Clearwater City Commission Agenda Cover Memorandum Wotksession hem E inal Agenda Item # Meeting [date: 12/05/02 SUBJECT/RECOMMENDATION: Approve a joint Project Agreement with the State of Florida's Department of Transportation to relocate natural gas mains during improvement project, FPN: 257103.1-56-01/WPI No. 7117191/SPN: 15020-1546/Pinellas County, SR 595/Alt. U.S. 19 from Drew Street to Monroe Street, at an estimated cost of $400,000.00, and adopt Resolution 02-54, IN and that the a g)ropriale officials be authorized to execute same. SUMMARY: • The Florida Department of Transportation (FDOT) has a project to widen/improve S.R. 595/US Alt. 19 from Drew Street to Monroe Street including roadway, sidewalk, other improvements, and utilities to include those existing. Clearwater Gas System facilities which conflict with the design'. • Under the Joint Project Agreement OPA), the State of Florida's Department of Transportation general contractor. will perform the relocation of existing natural gas mains. • Having the State of Florida's Department of Transportation general contractor install the natural gas mains allows for work to be done in a timely manner and releases Clearwater Gas System from penalty payments.- * Funding for this agreement is available in capital project 315-96374, Pinellas Line Relocation. Reviewed by: Legal Info 5rvc NIA Budget Public Works NIA Purchasing NIA DOMIACM Originating Dept: Clearwater Gas System I' rV (Torn Robertson) (J User Dept. Clearwater Gas System Attachments Risk Mgmt NIA Other NIA Res 02-54 Submitted by: la None City Manager Location Map Printed avecyclnl paper Costs Total $400,000.00 Estimated Funding Source: Current FY 02/03 Cl X $400,000.00 CstimalLA OI' Other Appropriation Code: 315.96374 Rev. 2198 RESOLUTION NO. 02-54 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING THE EXECUTION OF A UTILITY JOINT PROJECT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION REGARDING RELOCATION OF NATURAL GAS MAINS FOR THE IMPROVEMENT PROJECT FOR STATE ROAD 595 FROM DREW STREET TO MONROE STREET; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State ' of Florida Department of Transportation (FDOT) has a project to widen/improve State Road 595 (US Alt. 19) from Drew Street to Monroe Street including roadway, sidewalk, other improvements and utilities to include those existing Clearwater Gas System facilities which conflict with the design; and WHEREAS, under the Joint Project Agreement, the FDOT's general contractor will perform the relocation of existing natural gas mains; and WHEREAS, having FDOT's general contractor relocate the natural gas mains allows for the work to be done in a timely manner and releases Clearwater Gas System from penalty payments; now, therefore, BE IT- RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission hereby accepts and approves the Joint Project Agreement between the City and the State of Florida Department of Transportation, identified as Utility Work By Highway Contractor Agreement, Financial Project ID 256888-1-56-02, a copy of which is attached as Exhibit A. Section 2. The City Commission hereby authorizes the Mayor-Commissioner and City Manager to sign the Joint Participation Agreement described in this resolution and associated documents. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2002. Brian J. Aungst Mayor-Commissioner as jpform: r r) , Attest: A. Simon t City Attc Cynthia E. Goudeau City Clerk Resolution No. 02-54 N x 4 uu Q U 1 O .a ? y 1 h Y O j ZE v4 Q ' 4 .r. U,Z ?L a ti3 tn LO ? x ? O L tn WQ ? O uj ? • W t/'1 1? ?- Ln U1 4 a Q 0 M ?}O .O G 4 ecsz yo STATE CF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) 710-010.22 UTIU17ES 1oro1 PS,1d 7 of a Financial Project ID: 257103-1-56-01 Federal Project ID: Work Program Item No. old): 7117191 County/Section No: 151020 State Job No. old): 15020-1546 District Document No: THIS AGREEMENT, entered into this day of , year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the"FDOT", and Clearwater Gas 5 terns , hereinafter referred to as the "UAO"; WITNESSETH WHEREAS, the FDOT is constructing, reconstructing, or otherwise changing a portion of a public road or publicly owned rail corridor, said project being identified as Alt U.S. 19 FROM DREW STREET TO NORTH OF MONROE STRE , State Road No.: S.R 595 , hereinafter referred to as the "Project"; and WHEREAS, the UAO owns or desires to install certain utility facilities which are located within the limits of the Project hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); and WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, Installation, adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and WHEREAS, the FDOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1)(b), Florida Statutes for the Utility Work to be accomplished by the FDOT's contractor as part of the construction of the Project; and WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: I Design of Utility Work a. UAO shall prepare, at UAO's sole cost and expense, a final engineering design, plans, technical special provisions, a cost estimate, and a contingency Utility Work Scedule (said contingency schedule to be used in the case of a bid rejection) for the Utility Work (hereinafter referred to as the "Plans Package") on or before January , year of 2003 b. The Plans Package shall be In the same format as the FDOT's contract documents for the Project and shall be suitable for reproduction. C. Unless otherwise specifically directed in writing, the Plans Package shall include any and all activities and work effort required to perform the Utility Work, including, but not limited to, all clearing and grubbing, survey work, and shall Include a traffic control plan. d. The Plans Package shall be prepared in compliance with the FDOT's Utility Accommodation Manual and the FDOT's Plans Preparation Manual in effect at the time the Plans Package Is prepared, and the FDOT's contract documents for the Project. If the FDOT's Plans Preparation Manual has been updated and conflicts with the Utility Accommodation Manual, the Utility Accommodation Manual shall apply where such conflicts exist. e. The technical special provisions which are a part of the Plans Package shall be prepared In accordance with the FDOT's guidelines on preparation of technical special provisions and shall not duplicate or change the general contracting provisions of the FDOT's Standard Specifications for Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or Developmental Specifications of the FDOT for the Project. Exhibit "A" to Resolution 02-54 • ?iuosan WILMES 1=1 Page 2 of a f. UAO shall provide a copy of the proposed Plans Package to the FDOT, and to such other right of way users as designated by the FDOT, for review at the following stages: Ph IV Final Prior to submission of the proposed Plans Package for review at these stages, the UAO shall send the FDOT a work progress schedule explaining how the UAO will meet the FDOT's production schedule. The work progress schedule shall include the review stages, as well as other milestones necessary to complete the Plans Package within the time specified in Subparagraph a. above. g. In the event that the FDOT finds any deficiencies in the Plans Package during the reviews performed pursuant to Subparagraph f. above, the FDOT will notify the UAO in writing of the defciencles and the UAO will correct the deficiencies and return corrected documents within the time stated in the notice. The FOOT's review and approval of the documents shall not relieve the UAO from responsibility for subsequently discovered errors or omissions. h. The FDOT shall furnish the UAO such information from the FDOT's files as requested by the UAO; however, the UAO shall at all time be and remain solely responsible for proper preparation of the Plans Package and for verifying all information necessary to properly prepare the Plans Package, Including survey information as to the location (both vertical and horizontal) of the Facilities. The providing of Information by the FDOT shall not relieve the UAO of this obligation nor transfer any of that responsibility to the FDOT. i. The Facilities and the Utility Work Wit Include all utility facilities of the UAO which are located within the limits of the Project, except as generally summarized as follows: NIA These exceptions shall be handled by separate arrangement. j. If any facilities of the UAO located within the project limits are discovered after work on the project commences to be qualified for relocation at the FDOT's expense, but not previously identified as such, the UAO shall file a claim with the FDOT for recovery of the cost of relocation thereof. The filing of the claim shall not necessarily entitle the UAO to payment, and resolution of the claim shall be based on a determination of fault for the error. The discovery of facilities not previously Identified as being qualified for relocation at the FDOT's expense shall not Invalidate this Agreement. k. The UAO shall fully cooperate with all other right of way users In the preparation of the Plans Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner determined by the FDOT. Upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or publicly owned rail corridor under and pursuant to the Utility Permit: To be applied for at a later date (Note: It is the intent ofthis line to allow either attachment of or separate reference to the permit). 2. Performance of Utility Work a. The FDOT shall incorporate the Plans Package into its contract for construction of the Project. b. The FDOT shall procure a contract for construction of the Project in accordance with the FDOT's requirements. C. if the portion of the bid of the contractor selected by the FDOT which is for performance of the Utility Work exceeds the FDOT's official estimate for the Utility Work by more than ten percent (10%) and the FDOT does not elect to participate In the cost of the Utility Work pursuant to Section 337.403(1)(b), Florida Statutes, the UAO may elect to have the Utility Work removed from the FDOT's contract by notifying the FDOT In writing within 14 • days from the date that the UAO is notified of the bid amount. Unless this election is made, the Utility Work shall be performed as part of the Project by the FDOT's contractor. d. If the UAO elects to remove the Utility Work from the FDOT's contract In accordance with Subparagraph 2. c., the UAO shall perform the Utility Work separately pursuant to the terms and conditions of the FDOT's standard relocation agreement, the terms and conditions of which are incorporated herein for that purpose by this reference, and in accordance with the contingency relocation schedule which Is a part of the Plans Package. The UAO shall proceed Immediately with the Utility Work so as to cause no delay to the FDOT or the FDOT's contractor in constructing the Project. 710.010.22 • UTILITIES tarns Page 9 al 0 e. The UAO shall perform all engineering Inspection, testing, and monitoring of the Utility Work to Insure that it Is properly performed in accordance with the Plans Package except for the following activities: NIA and will furnish the FDOT with daily diary records showing approved quantities and amounts for weekly, monthly, and final estimates in accordance with the format required by FDOT procedures. f. Except for the inspection, testing, monitoring and reporting to be performed by the UAO In accordance with Subparagraph 2. e., the FOOT will perform all contract administration for its construction contract. g. .The UAO shall fully cooperate with the FDOT and the FDOT's contractor in all matters relating to the performance of the Utility Work. h. The FDOT's engineer has full authority over the Project and the UAO shall be responsible for coordinating and cooperating with the FDOT's engineer. In so doing, the UAO shall make such adjustments and changes In the Plans Package as the FDOT's engineer shall determine are necessary for the prosecution of the Project. i. The UAO shall not make any changes to the Plans Package after the date on which the FDOT's contract documents are mailed to Tallahassee for advertisement of the Project unless those changes fall within the categories of changes which are allowed by supplemental agreement to the FDOT's contract pursuant to Section. 337.11, Florida Statutes. All changes, regardless of the nature of the change or the timing of the change, shall be subject to the prior approval of the FDOT. 3. Cost of Utility Work a. The UAO shall be responsible for all costs of the Utility Work and all costs associated with any adjustments or changes to the Utility Work determined by the FDOT's engineer to be necessary, Including, but not limited to the cost of changing the Plans Package and the increase in the cost of performing the Utility Work, unless the adjustments or changes are necessitated by an error or omission of the FDOT. The UAO shall not be responsible for the cost of delays caused by such adjustments or changes unless they are attributable to the UAO pursuant to Subparagraph 4.a. b. The Initial estimate of the cost of the Utility Work is $400.000.00 At such time as the FDOT prepares its official estimate, the FDOT shall notify the UAO of the amount of the official estimate for the Utility Work. Upon being notified of the official estimate, the UAO shall have five (5) working days within which to accept the official estimate for purposes of making deposits and for determining any possible contribution on the part of the FDOT to the cost of the Utility Work, or to elect to have the Utility Work removed from the FDOT's contract and performed separately pursuant to the terms and conditions set forth in Subparagraph 2. d. hereof. C. At least Fourteen ( 14 ) calendar days prior to the date on which the FDOT advertises the Project for bids, the UAO will pay to the FDOT an amount equal to the FDOT's official estimate; plus 5 % for administrative costs of field work, tabulation of quantities, Final Estimate processing and Project accounting (said amounts are to be hereinafter collectively referred to as the "Allowances"); plus 10% of the official estimate for a contingency fund to be used as hereinafter provided for changes to the Utility Work during the construction of the Project (the "Contingency Fund"), d. Payment of the funds pursuant to this paragraph will be made (choose one): [] directly to the FDOT for deposit. as provided in the attached Memorandum of Agreement between 1he'UAO, the FDOT, and the State of Florida, Department of Insurance. Division of Treasury. Deposits of less than $100,000 to be escrowed must be pre-approved by the Department of Insurance and FDOT Comptroller's Office prior to execution of this agreement. .. GI . . . .. . .... rtaotan unLmes 10101 Page A of a e., If the portion of the contractor's bid selected by the FOOT for performance of the Utility Work exceeds the amount of the deposit made pursuant to Subparagraph c, above, then subject to and In accordance with the limitations and conditions established by Subparagraph 2. c. hereof regarding FOOT participation in the cost of the Utility Work and the UAO's election to remove the Utility Work from the Project, the UAO shall, within fourteen (14) calendar days from notification from the FOOT or prior to posting of the accepted bid, whichever Is earlier, pay an additional amount to the FOOT to bring the total amount paid to the total obligation of the UAO for the cost of the Utility Work, plus Allowances and 10% Contingency Fund. The FOOT will notify the UAO as soon as it becomes apparent the accepted bid amount plus allowances and contingency is in excess of the advance deposit amount; however, failure of the FOOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. In the event that the UAO is obligated under this Subparagraph 3.e. to pay an additional amount and the additional amount that the UAO is obligated to pay does not exceed the Contingency Fund already on deposit, the UAO shall have sixty (60) calendar days from notification from the FOOT to pay the additional amount, regardless of when the accepted bid is posted. f. If the accepted bid amount plus allowances and contingency is less than the advance deposit amount, the FOOT will refund the amount that the advance deposit exceeds the bid amount, plus allowances and contingency If such refund Is requested by the UAO in writing and approved by the Comptroller of the FOOT or his designee. g. Should contract modifications occur that increase the UAO's share of total project costs, the UAO will be notified by the FOOT accordingly. The UAO agrees to provide, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the FOOT Is sufficient to fully fund its share of the project costs. The FOOT shall notify the UAO as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the FOOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. h. The FOOT may use the funds paid by the UAO for payment of the cost of the Utility Work. The Contingency Fund may be used for increases in the cost of the Utility Work which occur because of quantity overruns or because of adjustments or changes in the Utility Work made pursuant to ' Subparagraph 2. h. Prior to using any of the Contingency Fund, the MOT will obtain the written concurrence of the person delegated that responsibility by written notice from the UAO. The delegatee shall respond immediately to all requests for written concurrence, If the delegatee refuses to provide written concurrence promptly and the FOOT determines that the work is necessary, the MOT may proceed to perform the work and recover the cost thereof pursuant to the provisions of Section 337.403(3), Florida Statutes. In the event that the Contingency Fund is depleted, the UAO shall, within fourteen (14) calendar days from notification from the FDOT, pay to the FOOT an additional 10% of the total obligation of the UAO for the cost of the Utility Work established under Subparagraph 3. e. for future use as the Contingency f=und. Upon final payment to the Contractor, the FOOT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days. All project cost records and accounts shall be subject to audit by a representative of the UAO for a period of three (3) years after final close out of the Project. The UAO will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this agreement Is less than the total deposits to date, a refund of the excess will be made by the FOOT to the UAO. In the event said final accounting of total project costs is greater than the total deposits to date, the UAO Wil pay the additional amount within forty (40) calendar days from the date of the invoice. The UAO agrees to pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not paid within the time specified In the preceding sentence until the invoice is paid. 4. Claims Against UAO a. The UAO shall be responsible for all costs incurred as a result of any delay to the FOOT or its contractors caused by errors or omissions In the Plans Package (including Inaccurate location of the Facilities) or by failure of the UAO to properly perform its obligations under this Agreement in a timely manner. b. In the event the FDOT's contractor provides a notice of intent to make a claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the notice of intent and the UAO will thereafter keep and maintain daily field reports and all other records relating to the intended claim. 110-OM22 MMES 10MI Pale 5 of a c. In the event the FDOT's contractor makes any claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the claim and the UAO will cooperate with the FDOT in analyzing and resolving the claim within a reasonable time. Any resolution of any portion of the claim directly between the UAO and the FDOT's contractor shall be in writing, shall be subject to written FDOT concurrence and shall specify the extent to which it resolves the claim against the FDOT. d. The FDOT may withhold payment of surplus funds to the UAO until final resolution (including any actual payment required) of all claims relating to the Utility Work. The right to withhold shall be limited to actual claim payments made by the FDOT to the FDOT's contractor. 5. Out of Service Facilities No Facilities shall be placed out of service unless specifically Identified as such in the Plans. The following terms and conditions shall apply to Facilities placed Out-of-Service: a. The UAO acknowledges its present and continuing ownership of and responsibility for out of service Facilities. b. The FDOT agrees to allow the UAO to leave the Facilities within the right of way subject to the continuing satisfactory performance of the conditions of this Agreement by UAO. In the event of a breach of this Agreement by the UAO, the Facilities shall be removed upon demand from the FDOT in accordance with the provisions of Subparagraph e. below. C. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in accordance with any and all applicable local, state or federal laws and regulations and in accordance with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely responsible for gathering all Information necessary to meet these obligations, d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to, records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly respond to information requests of the MOT or other permittees using or seeking use of the right of way. e. The UAO shall remove the Facilities at the request of the FDOT in the event that the FDOT determines that removal is necessary for FDOT use of the right of way or in the event that the FDOT determines that use of the right of way is needed for other active utilities that cannot be otherwise accommodated in the right of way. Removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make any claim of any nature whatsoever with regard thereto. Removal shall be completed within the time specified in the FDOT's notice to remove. In the event that the UAO fails to perform the removal properly within the specified time, the FDOT may proceed to perform the removal at the UAO's expense pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes, f. Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FDOT for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the right of way. Said costs shall Include, but shall not be limited to, charges or expenses which may result from the future need to remove the Facilities or from the presence of any hazardous substance or material in or discharging from the Facilities. Nothing in this paragraph shall be interpreted to require the UAO to indemnify the FDOT for the FDOrs own negligence; however, it is the intent that all other costs and expenses of any nature be the responsibility of the UAO. 6. Default a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: I . Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from FDOT. 2. Pursue a claim for damages suffered by the MOT or the public. 3. If the Utility Work is reimbursable under this Agreement, withhold reimbursement payments until the breach Is cured. The right to withhold shall be limited to actual claim payments made by FDOT to third parties. 710-010-22 LMLmEs 10!01 Papa 0 of 8 4. If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the FOOT or the public against payments due under this Agreement for the same Project. The right to offset shall be limited to actual claim payments made by FDOT to third parties. 5. Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within sixty (60) days from written notice thereof from FOOT. 6. Pursue any other remedies legally available. 7. Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3), Florida Statutes. b. In the event that the FOOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: 1. Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from the UAO. 2. If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this Agreement, pursue any statutory remedies that the UAD may have for failure to pay invoices. 3. Pursue any other remedies legally available. C. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties nor from any statutory obligations that either party may have with regard to the subject matter hereof. 7. ' Force Majeure Neither the UAO nor the FOOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimated duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 6. Indemnification FOR GOVERNMENT-OWNED UTILITIES, To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FOOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or Indirect, and whether to any person or property to which FOOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FOOT or any of its officers, agents, or employees during the performance of this Agreement. When the FOOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FOOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other Wthin fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO In the defense of the claim or to require the UAO to defend the FOOT In such claim as described in this section. The FOOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FOOT and the UAO.will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. N0410-22 UTILMES 40101 Pago7of a FOR NON-GOVERNMENT-OWNED UTILITIES, The UAO shall indemnify, defend, and hold harmless the FOOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FOOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors vrill be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FOOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO's obligation to Indemnify, defend, and pay for the defense or at the FDOT's option, to participate and associate with the FOOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication or judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. 9. Miscellaneous a. Time is of essence in the performance of all obligations under this Agreement. b. The Facilities shall at all times remain the property of and be property protected and maintained by the UAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans Package is prepared and the current utility permit for the Facilities; provided, however, that the UAO shall not be obligated to protect or maintain any of the Facilities to the extent the FDOT's contractor has that obligation as part of the Utility Work pursuant to the FDOT's specifications. C. The FOOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all documents, papers, letters,.or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement. d. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FOOT has manuals and written policies and procedures which may be applicable at the time of the Project and the relocation of the Facilities. e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: Mr. Tom Robertson Clearwater Gas Systems 40 rte venue C earwaler 33 5 If to the FOOT: District Utility Engineer, TT?:Ul N. c n e r, a, F-r- 3351-2- 710.OM22 WILMES 1p1p1 Pago a o! 8 'lo. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO In the form of additions, deletions, or substitutions are reflected only in an Appendix entitled "Changes To Form Document" and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled "Changes To Form Document." You MUST signify by selecting or checking which of the following applies: Q No changes have been made to this Forms Document and no Appendix entitled "Changes To Form Document" is attached. d No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Forms Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. Countersigned: Brian J. Aungst Mayor-Commissioner CITY OF CLEARWATER, FLORIDA By: William B. Horne, II City Manager App oved as to for J n er A. Si s§. stant City t#orney Attest: Cynthia E. Goudeau City Clerk Approval by the District Utility Office BY: (Signature) DATE: FDOT Legal Review BY: (Signature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) (Typed Name: Donald Skelton, P.E. (Typed Title: Director of Planning/Production DATE: FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: (Signature) DATE: (Typed Name: ) (Typed Title: MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of _ _, 2002, by and between the State of Florida, Department of Transportation, hereinafer referred to as "FDOT" and the State of Florida, Department of Insurance, Division of Treasury, hereinafter referred to as "Treasury" and City of Clearwater Gas System, hereinafter referred to as the "Participant". , WITNESSETH WHEREAS, "FDOT" is currently constructing the following; project: Main Financial Project No.: 257103-1-56-01 County: PINELLAS Hereinafter referred to as the "Project". NOTE: ONLY THE NEXT TWO PARAGRAPHS MAY BE MODIFIED AS APPROPRIATE WITHOUT PRIOR APPROVAL OF THE DEPARTMENT'S COWTROLLER. WHEREAS, FDOT and the Participant entered into a Locally Funded Agreement dated , 2002, wherein FDOT agreed to perform certain work on behalf of the Participant in conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the FDOT and the Participant to establish an interest bearing escrow account to provide funds for the work performed on the Project on behalf of the Participant by the FDOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: I. An initial deposit in the amount of $ 400,000.00 (four hundred thousand dollars) will be made by the Participant into an interest bearing; escrow account established by the Department for the purposes of the project. Said escrow account will be opened with the Department of Insurance, Division of Treasury, Bureau of Collateral Securities on behalf of the FDOT upon receipt of this Memorandum of Agreement. Such account will be an asset of FDOT. 2. Other deposits will be made only by the Participant as necessary to cover the cost of additional work prior to the execution of any Supplemental Agreements or Amendments. 3. All deposits shall be made'payable to the Department of Insurance, Revenue Processint; and mailed to the FDOT Office of Comptroller for appropriate processing at the following address: Florida Department of Transportation Office of Comptroller 3717 Apalachee Parkway, Suite E Mail Station 24 Tallahassee, Florida 32311 ATTN: LFA Coordinator A copy of this Agreement should accompany any deposits, When (lie check is mailed to Tallahassee, the District Office should instruct the Participant to mail the District Office a copy of the check. 4. The FDOT's Comptroller or designee(s) shall be the sole signatories on the escrow account'with the Department of Insurance and shall have sole authority to authorize withdrawals from said account. 5. Unless instructed 'otherwise by the parties hereto, all interest accumulated in the escrow account shall remaiii in the account for the purposes of the project as defined in the LFA. 6. The Treasurer agrees to provide written confirmation of receipt of funds to the FDOT. 7. The Treasurer's Office further agrees to provide periodic reports to the FDOT. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMPTROLLER STATE OF FLORIDA DEPARTMENT OF INSURANCE DIVISION OF TREASURY PARTICIPANT SIGNATURE William B. Horne, II City Manager PARTICIPANT NAME & TITLE 112 S. Osceola Avenue Clearwater, Florida 33756 PARTICIPANTADDRESS 59-6000289' FEDERAL EMPLOYER ID NUMBER /'V t Clearwater City Comlllission Work-session Item N: Agenda Cover Mcillorandl1111 Final Agenda Item 1vteeting Date: 1215102 SUBJECT/RECOMMENDATION: Approve the Utility Work By Highway Contractor Agreement with the State of Florida Department of Transportation (FDOT) for the relocation of existing potable water and sanitary sewer facilities imparted by the FDOT's S.R. 595 (Alt. US 19) Roadway Improvement project in the amount of $150,000; and adopt Resolution #02-56, ? and that the appropriate officials be authorized to execute same. SUMMARY: • The Florida Department of Transportation (FDOT) has designed the roadway widening of S.R. 595 (Alt. US 19) from Drew Street to Monroe Street. The proposed improvements will include resurfacing the existing roadway and upgrading the drainage system. Construction is currently anticipated to begin by mid-2003, and take approximately one year to complete. This roadway improvement project will necessitate the relocation or adjustment of the City's water mains and sanitary sewer appurtenances within the project limits. The City of Ciearwater's Engineering Department has coordinated the design for these utility accommodations with FDOT representatives. - FDOT will receive bids for the combined roadway improvement and utility relocation work and make award of bid to the low bidder. • The amounts included on this agenda item are the engineer's preliminary estimate, and are subject to change as the design progresses. The exact costs will be determined by the contractor's bid and may vary from this amount. Project will be competitively bid by FDOT. The breakout of the engineer's estimate is as follows: Capital Project: Expense Code: _ Amount: Water Line Relocation: 343-96742-563800-533-000 $100,000.00 Sanitary Utility Relocation: 343-96634-563800-535-000 $ 50,000.00 Total: $150,000.00 • Sufficient budget and funding for this agreement are available in each of the projects specified. • A copy of the agreement is available for review in the Official Records and Legislative Services office. Reviewed by, Originating Dept Costs: Legal --,) Info 5rvc NIA Public Works (R. FaheY) Total $150,000.00 !User Dept. ? Funding Budget Public Works l source: Purchasing Iq DCMIACM Current FY $150,000.00 C) X Risk Mgmt NIA other NIA Attachments OP Resolution #02-56 other Submitted by: Appropriation Codes: City Manager None 343-96742-563800-533-000 343-96634-563800-535-000 Printed on recycladifap`er All. US 19 (Drew Street to Monroe Street) Utilities JPA w1FDCT Rev. 2198 RESOLUTION NO. 02- 66 WATER , A: RESOLUTION OF THE CITY OF CL.EAR r FLORIDA, AUTHORIZING THE UTILITY WORK BY `} • s, "''? HIGHWAY CONTRACTOR AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF •4.•:,:,,.rr,.:,,,,. ,? r" TRANSPORTATION FOR THE RELOCATION OF ` ; EXISTING POTABLE WATER AND SANITARY SEWER FACILITIES WITHIN THE ALT. US 19 PROJECT FROM DREW STREET TO MONROE STREET, PROVIDING AN EFFECTIVE DATE. ' WHEREAS, the State of Florida Department of Transportation, hereinafter referred to as DOT, proposes to construct or improve Alt. US 19 from Drew Street to Monroe Street, hereinafter referred to as the "Project"; and WHEREAS, in order for the DOT to proceed with their Project, it is necessary for the City of Clearwater to-execute and deliver to DOT'the agreement identified as "Utility Work by Highway Contractor Agreement," hereinafter referred to as the "Agreement"; and WHEREAS, said Agreement is in the best interest of the City of Clearwater. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That the application of the State of Florida Department of Transportation for a Utility Work By Highway Contractor Agreement is for transportation purposes which are in_ the public or community interest and for public welfare; that an agreement of utility interest, or interests, in favor of the State of Florida Department of Transportation, in the City of Clearwater, Florida, should be drawn and executed by the City Commission. Section 2. A certified copy of this Resolution shall be forwarded forthwith to the State of Florida Department of Transportation at Tallahassee, Florida. Section 3. This resolution shall take effect immediately upon adoption. Resolution No. 02-56 STATE OF FLORIDA DCPART ME PJT or TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (AT UTILITY EXPENSE) 710-0 i 0.22 UTILITIES 10io i PAge i of 8 Financial Project ID: 257103-1-56-02 Federal Project ID: Work Program ttem No. old : 7117191 Count {Section No: 151020 State Job No. old : 15020.1546 District Document No: THIS AGREEMENT, entered into this day of year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the"FOOT", and Cif of Clearwater , hereinafter referred to as the "IIAO"; WiTNESSETH WHEREAS, the FDOT is constructing, reconstructing, or otherwise changing a portion of a public road or publicly owned rail corridor, said project being identified as (Alt U.S. 19) FROM DREW STREET TO NORTH OF M_ONROE ST Stale Road No.: S.R. 595 , hereinafter referred to as the "Project"; and WHEREAS, the UAO owns or desires to install certain utility facilities which are located within the limits of the Project hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); and WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, Installation, adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and WHEREAS, the FDOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1)(b), Florida Statutes for the Utility Work to be accomplished by the FDOT's contractor as part of the construction of the Project; and WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows, 1. Design of Utility Work a. UAO shall prepare, at /]AO's sole cost and expense, a final engineering design, plans, technical special provisions, a cost estimate, and a contingency Utility Work Scedule (said contingency schedule to be used In the case of a bid rejection) for the Utility Work (hereinafter referred to as the "Plans Package") on or before January , year of 2003 b. The Plans Package shall be In the same formal as the FDOT's contract documents for the Project and shall be suitable for reproduction. C. Unless otherwise specifically directed in writing, the Plans Package shall include any and all activities and work effort required to perform the Utility Work, including, but not limited to, all clearing and grubbing, survey work, and shall Include a traffic control plan. d. The Plans Package shall be prepared in compliance with the FDOT's Utility Accommodation Manual and the FDOT's Plans Preparation Manual in effect at the time the Plans Package is prepared, and the FDOT's contract documents for the Project. If the FDOT's Plans Preparation Manual has been updated and conflicts with the Utility Accommodation Manual, the Utility Accommodation Manual shall apply where such conflicts exist. e. The technical special provisions which are a part of the Plans Package shall be prepared in accordance with the FDOT's guidelines on preparation of technical special provisions and shall not duplicate or change the general contracting provisions of the FDOT's Standard Specifications for Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or Developmental Specifications of the FDOT for the Project. UI. 71 x010.22 UMITIE9 10101 Pop 2 01 A f. UAO shall provide a copy of the proposed Plans Package to the FOOT, and to such other right of way users as designated by the FDOT, for review at the following stages: Ph-IV,-Final Prior to submission of the proposed Plans Package for review at these stages, the UAO shall send the FDOT a work progress schedule explaining how the UAO will meet the FDOT's production schedule. The work progress schedule shall include the review stages, as well as other milestones necessary to complete the Plans Package within the time specified in Subparagraph a. above. g. In the event that the FOOT finds any deficiencies in the Plans Package during the reviews performed pursuant to Subparagraph f. above, the FOOT will notify the UAO in writing of the deficiencies and the UAO will correct the deficiencies and return corrected documents within the time stated in the notice. The FDOT's review and approval of the documents shall not relieve the UAO from responsibility for subsequently discovered errors or omissions. h. The FOOT shall fumish the UAO such Information from the FDOT's files as requested by the UAO; however, the UAO shall at all time be and remain solely responsible for proper preparation of the Plans Package and for verifying all Information necessary to property prepare the Plans Package, including survey information as to the location (both vertical and horizontal) of the Facilities. The providing of information by the FOOT shall not relieve the UAO of this obligation nor transfer any of that responsibility to the FOOT. L The Facilities and the Utility Work will include all utility facilities of the UAO which are located within the limits of the Project, except.as generally summarized as follows: NIA These exceptions shall be handled by separate arrangement. j. If any facilities of the UAO located within the project limits are discovered after work on the project commences to be qualified for relocation at the FDOT's expense, but not previously Identified as such, the UAO shall file a claim with the FDOT for recovery of the cost of relocation thereof. The filing of the claim shall not necessarily entitle the UAO to payment, and resolution of the claim shall be based on a determination of fault for the error. The discovery of facilities not previously identified as being qualified for relocation at the FDOT's expense shall not invalidate this Agreement. k. The UAO shall fully cooperate with all other right of way users In the preparation of the Plans Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner determined by the FDOT. 1. Upon completion of the Utility Work,.the Facilities shall be deemed to be located on the public road or publicly owned rail corridor under and pursuant to the Utility Permit: To be applied for at a later date (Note: it is the Intent orthis line to allow either attachment of or separate reference to the permit}. 2. Performance of Utility Work a. The FOOT shall incorporate the Plans Package into its contract for construction of the Project, b. The FOOT shall procure a contract for construction of the Project in accordance with the FDOT's requirements. C. If the portion of the bid of the contractor selected by the FOOT which is for performance of the Utility Work exceeds the FDOT's official estimate for the Utility Work by more than ten percent (10%) and the FDOT does not elect to participate In the cost of the Utility Work pursuant to Section 337.403(l)(b), Florida Statutes, the UAO may elect to have the Utility Work removed from the FDOT's contract by notifying the FDOT In writing within 14 days from the date that the UAO is notified of the bid amount. Unless this election Is made, the Utility Work shall be performed as part of the Project by the FDOT's contractor. d. If the UAO elects to remove the Utility Work from the FOOT's contract in accordance with Subparagraph 2. c., the UAO shall perform the Utility Work separately pursuant to the terms and conditions of the FDOT's standard relocation agreement, the terms and conditions of which are incorporated herein for that purpose by this 'reference, and in accordance with the contingency relocation schedule which Is a part of the Plans Package. The UAO shall proceed immediately with the Utility Work so as to cause no delay to the FOOT or the FDOT's contractor In constructing the Project. 710.010.22 UTILMES I WO Pogo 3 of s e. The UAO shall perform all engineering inspection, testing, and monitoring of the Utility Work to Insure that it is properly performed in accordance with the Plans Package except for the following activities; The above shall be erforined in accordance with the __ -_ t'echnj na l special_ proMigli,ons agProyi.ded in,, the Final TPA s>JhTniffn I - r and will furnish the FDOT with daily diary records showing approved quantities and amounts for weekly, monthly, and final estimates in accordance with the format required by FDOT procedures. f. Except for the inspection, testing, monitoring and reporting to be performed by the UAO in accordance with Subparagraph 2. e., the FDOT will perform all contract administration for Its construction contract. g. 'The UAO shall fully cooperate with the FDOT and the FDOT's contractor in all matters relating to the performance of the Utility Work. h. The FDOT's engineer has full authority over the Project and the UAO shall be responsible for coordinating and cooperating with the FDOT's engineer. In so doing, the UAO shall make such adjustments and. changes in the Plans Package as the FDOT's engineer shall determine are necessary for the prosecution of the Project. i. The UAO shall not make any changes to the Plans Package after the date on which the FDOT's contract documents are mailed to Tallahassee for advertisement of the Project unless those changes fall within the categories of changes which are allowed by supplemental agreement to the FDOT's contract pursuant to Section 337.11, Florida Statutes. All changes, regardless of the nature of the change or the timing of the change, shall be subject to the prior approval of the FDOT. 3. Cost of Utility Work a. The UAO shall be responsible for all costs of the Utility Work and all costs associated with any adjustments or changes to the Utility Work determined by the FDOT's engineer to be necessary, including, but not limited to the cost of changing the Plans Package and the increase in the cost of performing the Utility Work, unless the adjustments or changes are necessitated by an error or omission of the FDOT. The UAO shall not be responsible for the cost of delays caused by such adjustments or changes unless they are attributable to the UAO pursuant to Subparagraph 4.a. b. The initial estimate of the cost of the Utility Work is $150,000.00 . At such time as the FDOT prepares its official estimate, the FDOT shall notify the UAO of the amount of the official estimate for the Utility Work. Upon being notified of the official estimate, the UAO shall have five (5) working days within which to accept the official estimate for purposes of making deposits and for determining any possible contribution on the part of the FDOT to the cost of the Utility Work, or to elect to have the Utility Work removed from the FDOT's contract and performed separately pursuant to the terms and conditions set forth in Subparagraph 2. d. hereof. C. At least Fourteen ( 14 ) calendar days prior to the date on which the FDOT advertises the Project for bids, the UAO will pay to the FDOT an amount equal to the FDOT's official estimate; plus 5 % for administrative costs of field work, tabulation of quantities, Final Estimate processing and Project accounting (said amounts are to be hereinafter collectively referred to as the "Allowances"); plus 10% of the official estimate for a contingency fund to be used as hereinafter provided for changes to the Utility Work during the construction of the Project (the "Contingency Fund"). d. Payment of the funds pursuant to this paragraph will be made (choose one); ? directly to the FDOT for deposit. as provided in the attached Memorandum of Agreement between the UAO, the FDOT, and the State of Florida, Department of Insurance, Division of Treasury. Deposits of less than $100,000 to be escrowed must be pre-approved by the Department of Insurance and FDOT Comptroller's Office prior to execution of this agreement. 710-M-22 UTILITIES 1=1 Page 4da e. If the portion of the contractor's bid selected by the FDOT for performance of the Utility Work exceeds the amount of the deposit made pursuant to Subparagraph c. above, then subject to and in accordance with the limitations and conditions established by Subparagraph 2, c, hereof regarding FDOT participation in the cost of the Utility Work and the UAO's election to remove the Utility Work from the Project, the UAO shall, within fourteen (14) calendar days from notification from the FDOT or prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the FDOT to bring the total amount paid to the total obligation of the UAO for the cost of the Utility Work, plus Allowances and 10% Contingency Fund. The FDOT will notify the UAO as soon as it becomes apparent the accepted bid amount plus allowances and contingency is in excess of the advance deposit amount; however, failure of the FOOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. In the event that the UAO is obligated under this Subparagraph 3.e. to pay an additional amount and the additional amount that the UAO is obligated to pay does not exceed the Contingency Fund already on deposit, the UAO shall have sixty (60) calendar days from notification from the FOOT to pay the additional amount, regardless of when the accepted bid is posted. f. If the accepted bid amount plus allowances and contingency is less than the advance deposit amount, the FDOT will refund the amount that the advance deposit exceeds the bid amount, plus allowances and contingency if such refund is requested by the UAO in writing and approved by the Comptroller of the FOOT or his designee. g. Should contract modifications occur that increase the UAO's share of total project costs, the UAO will be notified by the FDOT accordingly. The UAO agrees to provide, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the FOOT Is sufficient to fully fund its share of the project costs. The FDOT shall notify the UAO as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the FOOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. h. The FDOT may use the funds paid by the UAO for payment of the cost of the Utility Work. The Contingency Fund may be used for Increases in the cost of the Utility Work which occur because of quantity overruns or because of adjustments or changes in the Utility Work made pursuant to Subparagraph 2. h. Prior to using any of the Contingency Fund, the FOOT will obtain the written concurrence of the person delegated that responsibility by written notice from the UAO. The delegatee shall respond immediately to all requests for written concurrence. If the delegates refuses to provide written concurrence promptly and the FOOT determines that the work Is necessary, the FOOT may proceed to perform the work and recover the cost thereof pursuant to the provisions of Section 337.403(3), Florida Statutes. In the event that the Contingency Fund is depleted, the UAO shall, within fourteen (14) calendar days from notification from the FDOT, pay to the FOOT an additional 10% of the total obligation of the UAO for the cost of the Utility Work established under Subparagraph 3. e. for future use as the Contingency Fund. Upon final payment to the Contractor, the FOOT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days. All project cost records and accounts shall be subject to audit by a representative of the UAO for a period of three (3) years after final close out of the Project. The UAO will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be made by the FOOT to the UAO. In the event said final accounting of total project costs Is greater than the total deposits to date, the UAO will pay the additional amount within forty (40) calendar days from the date of the invoice. The UAO agrees to pay interest at a rate as established pursuant to Section 55.63, Florida Statutes, on any invoice not paid within the time specified in the preceding sentence until the invoice is paid. 4. Claims Against UAO a. The UAO shall be responsible for all costs incurred as a result of any delay to the FOOT or its contractors caused by errors or omissions In the Plans Package (including inaccurate location of the Facilities) or by failure of the UAO to properly perform its obligations under this Agreement in a timely manner. b. In the event the FDOT's contractor provides a notice of Intent to make a claim against the FOOT relating to the Utility Work, the FOOT will notify the UAO of the notice of Intent and the UAO will thereafter keep and maintain daily field reports and all other records relating to the intended claim. 110010-72 UtILME8 10ml PFige 5 0l D C. In the event the FDOT's contractor makes any claim against the FOOT relating to the Utility Work, the FOOT will notify the UAO of the claim and the UAO will cooperate with the FOOT in analyzing and resolving the claim within a reasonable time. Any resolution of any portion of the claim directly between the UAO and the FDOT's contractor shall be in writing, shall be subject to written FOOT concurrence and shall specify the extent to which it resolves the claim against the FOOT. d. The FOOT may withhold payment of surplus funds to the UAO until final resolution (including any actual payment required) of all claims relating to the Utility Work. The right to withhold shall be limited to actual claim payments made by the FOOT to the FDOT's contractor. 5. Out of Service Facilities No Facilities shall be placed out of service unless specifically identified as such in the Plans. The following terms and conditions shall apply to Facilities placed Out-of-Service: a. The UAO acknowledges its present and continuing ownership of and responsibility for out of service Facilities. b. The FOOT agrees to allow the UAO to leave the Facilities within the right of way subject to the continuing satisfactory performance of the conditions of this Agreement by UAO. In the event of a breach of this Agreement by the UAO, the Facilities shall be removed upon demand from the FOOT In accordance with the provisions of Subparagraph e. below. C. The UAO shall take such steps to secure the Facillties and otherwise make the Facilities safe In accordance with any and all applicable local, state or federal laws and regulations and in accordance with the legal duty of the UAO to use due care In its dealings with others. The UAO shall be solely responsible for gathering all information necessary to meet these obligations. d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to, records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly respond to Information requests of the FOOT or other permittees using or seeking use of the right of way. e. 'The UAO shall remove the Facilities at the request of the FOOT in the event that the FOOT determines that removal is necessary for FOOT use of the right of way or in the event that the FDOT determines that use of the right of way is needed for other active utilities that cannot be otherwise accommodated in the right of way. Removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make any claim of any nature whatsoever with regard thereto. Removal shall be completed within the time specified in the FDOT's notice to remove. In the event that the UAO fails to perform the removal properly within the specified time, the FDOT may proceed to perform the removal at the UAO's expense pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes. f. Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FOOT for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the right of way. Said costs shall include, but shall not be limited to, charges or expenses which may result from the future need to remove the Facilities or from the presence of any hazardous substance or material in or discharging from the Facilities. Nothing in this paragraph shall be interpreted to require the UAO to indemnify the FOOT for the FDOT's own negligence; however, it is the intent that all other costs and expenses of any nature be the responsibility of the UAO. 6. Default a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FOOT may exercise one or more of the following options, provided that at no time shall the FOOT be entitled to receive double recovery of damages: 1. Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from FOOT. 2. Pursue a claim for damages suffered by the FDOT or the public. 3. If the Utility Work is reimbursable under this Agreement, withhold reimbursement payments until the breach is cured. The right to withhold shall be limited to actual claim payments made by FDOT to third parties. 710.010-22 UTILITIES 1No1 Poge00 6 4. If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the FOOT or the public against payments due under this Agreement for the same Project. The right to offset shall be limited to actual claim payments made by FOOT to third parties. 5. Suspend the Issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within sixty (60) days from written notice thereof from FOOT. 6. Pursue any other remedies legally available. 7. Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3), Florida Statutes. b. In the event that the FOOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for In the Agreement, the UAO may exercise one or more of the following options: 1. Terminate this Agreement if the breach is material and has not been cured within sixty (00) days from written notice thereof from the UAO. 2. If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this Agreement, pursue any statutory remedies that the UAO may have for failure to pay invoices. 3. Pursue any other remedies legally available. C. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties nor from any statutory obligations that either party may have with regard to the subject matter hereof. 7. Force Majeure Neither the UAO nor the FOOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance Is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimated duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 8. Indemnification FOR GOVERNMENT-OWNED UTILITIES, To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FOOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or Indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FOOT or any of its officers, agents, or employees during the performance of this Agreement. When the FOOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FOOT will immediately forward the claim to the UAO. The UAO and the FOOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FOOT will determine whether to require the participation of the UAO In the defense of the claim or to require the UAO to defend the FOOT In such claim as described in this section. The FDOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FOOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates In the defense of the claim at trial, that party is responsible for all costs. 718010.22 UTILITIES 1001 Pape 7 c1 a FOR NON-GOVERNMENT-OWNED UTILITIES, The UAO shall Indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO; its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication or judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. 9. Miscellaneous a. Time is of essence in the performance of all obligations under this Agreement. b. The Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans Package is prepared and the current utility permit for the Facilities; provided, however, that the UAO shall not be obligated to protect or maintain any of the Facilities to the extent the FDOT's contractor has that obligation as part of the Utility Work pursuant to the FDOT's specifications. C. The FDOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement. d. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which may be applicable at the time of the Project and the relocation of the Faculties. e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obiigeton to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: Mr. Michael Quillen P.E. Ci of Clearwater TO"T Myrtle venue C earwater If to the FDOT: District Utility Engineer, 110.010,22 uMlrmes 100 Page a19a 10, Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled "Changes To Form Document" and no change Is made in the text of the document Itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled "Changes To Form Document." You MUST signify by selecting or checking which of the following applies: Q No changes have been made to this Forms Document and no Appendix entitled "Changes To Form Document" is attached: Q No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Forms Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: City of Clearwater BY: (Signature) ** SEE ATTACHED SIGNATURE SHEET DATE: (Typed Name: ) (Typed Title: Recommend Approval by the District Utility Office BY: (Signature) DATE: FDOT Legal Review BY: (Signature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) (Typed Name: Donald Skelton, P.E. (Typed Title: Director of Planning/Production ) DATE: FEDERAL HIGHWAY ADMINISTRATION (H applicable) BY: (Signature) DATE: (Typed Name: } (Typed Title: } City of Clearwater's Signature Page for Utility'Work by Highway Contractor Agreement Financial Project ID: 257103-1-56-02 Countersigned: CITY OF CLEARWATER, FLORIDA By: Brian'J. Aungst William B. Horne, II Mayor-Commissioner City Manager Approved as, to form: .. Attest: ar)4). Ruff Cynthia E. Goudeau Assistant City Attorney ' Official Records and Legislative ' Services iii 1 I r I , • ' i i i , 1 e MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this , day of , 200_., by and between the State of Florida, Department of Transportation, hereinafter referred to as "FDOT' and the State of Florida, Department of Insurance, Division of Treasury, hereinafter referred to as "Treasury" and City of Clearwater, hereinafter referred to as the "Participant". WITNESSETH WHEREAS, "FDOT" is currently constructing the following project: Main 'Financiai Project No.: 257103 1 56 02 County: Pinellas hereinafter referred to as the "Project". NOTE: ONLY THE NEXT TWO PARAGRAPHS MAY BE MODIFIED AS APPROPRIATE WITHOUT PRIOR APPROVAL OF THE DEPARTMENTS COMPTROLLER. . WHEREAS, FDOT and the Participant entered into a Locally Funded Agreement dated , 200 , wherein FDOT agreed to perform certain work on behalf of the Participant in conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the FDOT and the Participant to establish an interest bearing escrow account to provide funds for the work performed on the Project on behalf of the Participant by the FDOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. An initial deposit in the amount of $150,000.00 (One Hundred and Fifty Thousand dollars) will be made by the Participant into an interest bearing escrow account established by the Department for the purposes of the project. Said escrow account will be opened with the Department of Insurance, Division of Treasury, Bureau of Collateral Securities on behalf of the FDOT upon receipt of this Memorandum of Agreement. Such account will be an asset of FDOT. 2. Other deposits will be made only by the Participant as necessary to cover the cost of additional work prior to the execution of any Supplemental Agreements or Amendments. 3, All deposits shall be made payable to the Department of Insurance. Revenue Processing and mailed to the, FDOT Office of Comptroller for appropriate processing at the following address: Florida Department of Transportation Office of Comptroller 3717 Apalachee Parkway, Suite E Mail Station 24 Tallahassee, Florida 32311 ATTN: LFA Coordinator A copy of this Agreement should accompany any deposits. When the check is mailed to Tallahassee, the District Office should instruct the Participant to mail the District Office a copy of the check. 4. The FDOT's Comptroller or designee(s) shall be the sole signatories on the escrow account with the Department of Insurance and shall have sole authority to authorize withdrawals from said account. . 5. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defined in the LFA. 6. The Treasurer agrees to provide written, confirmation of receipt of funds to the FDOT. 7. The Treasurer's Office further agrees to provide periodic reports to the FDOT. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMPTROLLER - STATE OF FLORIDA DEPARTMENT OF INSURANCE DIVISION OF TREASURY ** SEE ATTACHED SIGNATURE SHEET PARTICIPANT SIGNATURE PARTICIPANT NAME & TITLE PARTICIPANT ADDRESS FEDERAL EMPLOYER I.D. NUMBER } 1 • Clearwater City Commission Agenda Cover Memorandum Work Session Item 'M Final Agenda Ilom N Meeting Date: 12/05/02 SUBJECT/RECOMMENDATION: Approve the Agreement between the City of St. Petersburg and the City of Clearwater for relocation of the St. Petersburg water main associated with the Kapok Wetland and Floodplain Restoration Project and reimbursement to St. Petersburg in the amount of $70,030 for associated costs, 0 and that the appropriate officials be authorized to execute same. SUMMARY: • The City of Clearwater purchased the Friendly Village of Kapok in order to develop the Kapok Wetland and Floodplain Restoration Project in April 2002. • A work order was also approved by the City Commission in April, 2002 with Parsons Engineering Science, Inc, for the design and permitting of the project. • The design of the project necessitates the relocation of the City of St. Petersburg's 36 inch water main that traverses the property. • St. Petersburg has requested that the City of CleaRvater enter into an Agreement outlining conditions for. the relocation of, and securing new easements for the water main. • The Agreement also requires that the City of Clearwater reimburse St. Petersburg an amount not to exceed $70,030 for personnel costs, and plan review and inspection services of outside consultants. • Sufficlent budget and revenue are available in the 02 Stormwater Revenue Bond Construction fund project 377-96141, Kapok Flood Resolution, to fund this agreement. • A copy of the agreement is available for review at the Official Records and Legislative Services office. Reviewed by: Originating Dept: ? Costs: Legal y Info Srvc N/A orks Administration Pull Total $70,030 ? in W Budget Public Works User Dept. Funding Source: Purchasing NIA DCMIACM ?3- Current FY CIP X Risk Mgmt Other Attachments OP Other Submitted by: Appropriation Code: Glty Manager Ml None 377-96141-561200.539-000 printed on recvclod oaoer.--••• St. Petersburg Water Main Agreement AGREEMENT THIS AGREEMENT MADE and entered into this day of , 2002, by and between the CITY OF CLEARWATER (herein "CLEARWAT ER") the CITY 01: ST. PETERSBURG, a Municipal Corporation of the State of Florida (herein "ST. PETERSBURG"). WITNESSETH: WHEREAS, CLEARWATER, owns and is developing that certain property known as the Friendly Village of Kapok, located at 2950 Glen Oak Avenue in Clearwater and more specifically described in Attachment A hereto (lie' rein "the Property"); and WHEREAS, the Property is traversed by a 36-inch water transmission main originally constructed by the Pinellas Water Company, (herein "the Main") and which is presently a part of the water supply system of ST. PETERSBURG; and WHEREAS, ST. PETERSBURG has existing casements located on the Property for the Main which are described in Attachment B hereto (herein "Old Main Easements"); and WHEREAS, CLEARWATER is desirous of developing the Property for the Kapok Wetland and Floodplairi Restoration Project which requires excavation of the site in the location of the Main; and WHEREAS, CLEARWATER is desirous of relocating the Main on another area on the Property; and WHEREAS, ST. PETERSBURG is willing to release and quit claim a portion of its Old Main Easements to CLEARWATER provided that a new easement for a replaced water transmission main is granted to ST. PETERSBURG and further provided that the costs for the design,, construction, and inspection of the required relocated water transmission main (herein the "New Main") are paid by CLEARWATER, subject to the approval and supervision of ST. PETERSBURG; and WHEREAS, ST, PETERSBURG is willing to issue a work permit to CLEARWATER for the New Main and the removal of the Old Main within ST. PETERSBURG's Old Main Easements, in accordance,with the terms of this Agreement and subject to the ST. PETERSBURG's bonding and insurance requirements; NOW THEREFORE, and in consideration of the mutual covenants anti agreements herein contained, the parties agree as follows: L CLEARWATER shall cause to be prepared a preliminary design drawing showing the proposed location of a new easement for the relocation of a portion of the Main through the Property (New Main Easement) as well as a drawing showing the location of . the Old Main Easements (herein "the Drawing") as shown on Attachment C. The Drawing shall be divided into four parcels. Parcel 1 and Parcel 2 shall be that portion of the Old Main Easements which will be included as part of the New Main Easement and upon which the existing Main will not be relocated. Parcel 3 shall be that portion of the Old Main Easements from which a portion of the Main will be removed and which the ST. PETERSBURG will release and convey to CLEARWATER. Parcel 4 shall be that portion of the New Main Easement to be conveyed by CLEARWATER to the ST. PETERSBURG and upon which a portion of the Main shall be relocated. The Drawing shall identify the approximate location of the centerline of the Main to be relocated in Parcel 4 (herein the "Centerline"). Upon completion of the work as defined in paragraph 5, CLEARWATER shall cause to be prepared a survey including a legal description of .a new casement used for the relocation of a portion of the Main through the Property (New Main Easement) as well as a survey for the Old Main Easements (herein "the Survey") as shown on Attachment C. This Survey shall be tied into quarter section lines using NAD 27 datum and shall indicate the actual "as built" conditions and Centerline of the New Main. 2. ST. PETERSBURG shall cause to be prepared the New Main Easement based upon the Survey. The New Main Easement shall be 50 feet in width (20 feet to the west measured at right angles to said Centerline and 30 feet to the cast measured at right angles to said Centerline) for the subject New Main. The New Main Easement shall include Parcels 1, 2 and 4 of the Survey. The New Main Easement will be in similar form to the casement attached as Attachment D. Such casement shall allow CLEARWATER the right to use the land within the casement so long as such use does not interfere with the rights of the ST. PETERSBURG. 3. CLEARWATER shall cause the New Main Easement to be executed and escrowed with the City Attorney of ST. PETERSBURG within ninety (90) days of execution of this Agreement with instructions that the New Main Easement shall be recorded concurrent with the recording of a quit claim deed from the ST. PETERSBURG to CLEARWATER of the existing Old Main Easements as provided in Paragraph 4 below. CLEARWATER will further cause any Mortgages recorded prior to the recording of the New Main Easement to be subordinate to the New Main Easement. 4. ST. PETERSBURG shall cause to be prepared a quit claim deed (herein the "Deed") to the existing ST. PETERSBURG Old Main Easements throughout the property presently titled to CLEARWATER. The Deed shall be executed by the proper officials of ST. PETERSBURG upon approval by the ST. PETERSBURG City Council. The New Main Easement and the Deed shall be escrowed with the ST. PETERSBURG City Attorney until (lie construction of the New Main has been completed and accepted by ST. PETERSBURG at which time the ST. PETERSBURG City Attorney will cause such documents to be recorded. Acceptance of the construction of the New Main shall be conditioned upon receipt from the Engineer of a certification of satisfactory completion of construction of the New Main as specified below within the New Main Easement along the Centerline and upon the ST. PETERSBURG's concurrence with the Engineer's certification which concurrence may not be unreasonably withheld. 2 5. CLEARWATER shall retain services of a civil engineer, (herein the "Engineer) registered in the State of Florida and having appropriate professional liability insurance, to prepare the design and specifications for the construction of the New Main. CLEARWATER shall competitively bid the work and retain the services of a Contractor approved by S'1'. PETERSBURG and meeting the qualifications contained it, 5'1'. PETERSBURG's Contract Standards including, but not limited to, bidder qualification and insurance and bonding requirements (herein "Contractor"), for construction. ST. PETERSBURG shall provide the Engineer with all of its perfonnance criteria, requirements, including insurance requirements naming ST. PETERSBURG as an additional insured, and specifications, if any, (herein "Criteria") for the constriction of the New Main. CLEARWATER shall require the Engineer to perform the following affirmative acts: a. Engineer shall stake the centerline of the revised water main alignment within the area of the New Main Easement. b. Based on ST. PETERSBURG Criteria, the Engineer shall cause to be prepared plans and profiles showing in detail the proposed water line reconstruction together with full details on the proposed connection to the existing water transmission main, and details for the demolition, removal and restoration of the existing transmission main. C. Engineer shall cause to be prepared construction plans, specifications and contract documents. d. Engineer shall cause plans and specifications, and contract documents to be submitted to ST. PETERSBURG for approval at the 50%, 90% and 100% development stages. Engineer shall cause the plans, specifications, bid documents and contract documents to be revised in accordance with comments provided by ST. PETERSBURG and its consulting engineer. C. Engineer shall cause the plans and specifications as approved by ST. PETERSBURG to be submitted to the Pinellas County Public Health Unit, CLEARWATER and any other appropriate agencies for review and approval, and shall complete all permit applications, address all review comments and make changes to plans and specification, and pay all associated application and permit fees. f. Engineer shall coordinate with the Contractor engaged by CLEARWATER to construct the New Main and demolish and remove the Old Main. g. Engineer shall coordinate with the Contractor to review all shop drawings received from suppliers, and to have such shop drawings approved by the representative designated by ST. PETERSBURG prior to the return to the Contractor. if ST. PETERSBURG does not respond to any submittal of shop drawings or other matter for which ST. PETERSBURG approval is requested within ton (10) business days of receipt, 3 such submitted matters shall be deemed approved. However, such approval shall not relieve the Contractor of responsibility to comply with the contract specifications or relieve the Engineer of responsibility to ensure compliance with the contract specifications. h. Engineer shall cause such construction stakes or marking, by the contractor, as are required for the construction of the New Main to be set and inspected by the ST. PETERSBURG prior to the Contractor commencing construction. i. Engineer shall provide contract management, limited inspection, and administrative services of the work on a daily basis during the course of construction, and shall report any work which does not conform to the plans and specifications of ST. PETERSBURG. j. Upon completion of construction of the New Main, but prior to its connection to the Main, the Engineer shall submit to the ST. PETERSBURG an as built plan showing the constructed line and grade of the New Main. k. - Engineer shall observe the bulkheading, disinfection and testing of the New Main and upon acceptance by ST. PETERSBURG, in writing, and upon approval of the Pinellas County Health Unit, Engineer shall provide ten (10) days notice, in writing, that the New Main is ready for connection to the Main and shall request authorization from ST. PETERSBURG to connect the New Main to the Main. Upon receipt of written authorization from ST. PETERSBURG, the connection may be made. ST. PETERSBURG shall provide either written authorization to proceed with the connection or shall object to the connection within ten (10) business days of receipt of Engineer's request. The Engineer shall supervise said connection and issue a certificate of substantial completion in' a form as specified by the ST. PETERSBURG that the work outlined herein has been completed in accordance with the plans and specifications set forth. Engineer shall prepare a punch list incorporating the comments of ST. PETERSBURG's engineering consultant and shall conduct a final inspection of the New Main. If the Engineer provides ST. PE'T'ERSBURG with a certification of final completion and the ST. PETERSBURG does not object to such certification within ten (10) business days of receipt of that certification, the work shall be deemed accepted. 6. CLEARWATER and the Engineer shall schedule the connection of the New Main to the Main subject to the following restrictions: a. The shut down period for making connections shall be limited to 48 hours and the Contractor shall be required to work continuously until the transmission main is back in service. b. The shut down period will not be permitted to coincide with the normally high water demand period extending from April 1st to June 15th. 4 . 7. Upon written authorization from ST. PETERSBURG that the work envisioned by this contract has been accepted, the Engineer shall issue orders to the Contractor to remove the portion of the Main no longer in service. 8. The City will issue a permit to CLEARWWATER authorizing the site work in the area of the Old Main Easement five (5) days after the completion and acceptance of the work and the recording of the Deed and New Main Easement, subject to reasonable terms and conditions of the permit. 9. All buildings and structures constructed within close proximity of the easement shall be free standing with' an independent foundation unaffected by excavation in the easement to a depth of at least 10 feet. 10. ST. PETERSBURG hereby agrees to promptly take any action necessary to act upon requests for approval outlined in this Agreement. ST. PETERSBURG agrees that approval or rejection of requests made upon them shall be made in writing within ten (10) business days of receipt of the request, unless otherwise specified in this Agreement. 11. CLEARWATER agrees to prohibit the planting of deep rooted trees within the New Main Easement. All existing deep rooted trees lying on or in close proximity to the New Main Easement shall be removed without any damage to the transmission main and related facilities after a mutual inspection by representatives of CLEARWATER and ST. PETERSBURG identifying such trees. 12. All costs associated with the work, relocation, reconstruction, including the surveying, engineering, materials, inspection and construction shall be borne by CLEARWATER. CLEARWATER shall require the Contractor to provide a dual obligation payment and performance bond which names both CLEARWATER and ST. PETERSBURG as obligees or beneficiaries of the bond. 13. CLEARWATER shall reimburse ST. PETERSBURG an amount not to exceed $70,030 for the costs of staff, plan review, and inspection services of outside consultants hired by ST. PETERSBURG. ST. PETERSBURG shall provide CLEARWATER with copies of all inspection reports of the outside consultants. The reimbursement funds shall be wire transferred to the City of St. Petersburg to Account No. 403 13E000O 466.8803. 14. The CITY OF CLEARWATER shall require the successful contractor to: . a. Indemnify, hold harmless, pay on behalf of, and defend the CITY OF CLEARWATER and its agents and employees and the CITY OF ST. PETERSBURG and its agents and employees from and against all claims, damages, losses and expenses, including, but not limited to, attorneys' fees, arising out of or resulting from the performance of the 5 Project or the Utility Work; b. Provide a dual obligee performance bond in the full amount of the Project, naming the CITY OF CLEARWATER and the CITY OF ST. PETERSBURG as obligees; and c. Provide insurance coverage with the CITY OF CLEARWATER and the CITY OF ST. PETERSBURG named as additional insured entities and certificate holders in the sum of $2,000,000 per occurrence and $2,000,000 in the aggregate. Nothing herein is intended to serve as a waiver of sovereign immunity by either party. Nothing herein shall be constructed as consent by either party to be sued by third parties in any manner rising out of this Agreement. Any provision of this Agreement to the contrary notwithstanding, the total liability of CLEARWATER to ST. PETERSBURG shall not, under any circumstances or for any reason, exceed those statutory sums set forth in Section 768.28, Florida Statutes. 15. CLEARWATER'S obligation to defend or pay for the defense of ST. PETERSBURG shall be triggered by ST. PETERSBURG'S notice of claim to CLEARWATER. CLEARWATER shall undertake the defense of any such claim within seven (7) days after such notice by ST. PETERSBURG is given to CLEARWATER by registered or certified mail. CLEARWATER shall continue to defend or pay for defense of such claim until the parties mutually agree to liability as between ST. PETERSBURG AND CLEARWATER, or until there is a non-appealable court determination of such liability as between ST. PETERSBURG AND CLEARWATER. The parties mutually agree that the decision_ of whether CLEARWATER defends a claim against _ST. PETERSBURG with in-house counsel or outside counsel is solely the decision of CLEARWATER. If CLEARWATER undertakes defense of any claim against ST. PETERSBURG, any investigation fees, attorney fees, and defense costs incurred by ST. PETERSBURG shall be the sole expense of ST. PETERSBURG with no reimbursement to be made by CLEARWATER. 16. Upon completion and acceptance of the work, CLEARWATER shall formally assign all of its warranties, both express and implied, and contractual rights from the Contractor, subcontractors, suppliers and Engineers relating to the design and construction of the work to ST. PETERSBURG. 17. Subsequent to the completion and acceptance of the work and the recording of the New Main Easement, CLEARWATER shall have no further responsibility regarding the work or the New Main and its agents, employees and representatives shall be released by the ST. PETERSBURG for any claims relating to the design, construction and relocation of the New Main and any consequential or incidental damages relating to the use or operation of the New Main. 18. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of each of the parties hereto. If any conditions of this Agreement are not complied with by any party, the party injured must seek remedy by due process of law, and the defaulting party agrees to pay all costs, fees and reasonable attorneys fees incurred by the party injured pursuant to remedying said default. 6 i IN WITNESS WHEREOF, the parties hereto have caused thisAgreement to be executed on the day and year first'above written.. ATTEST CITY OF ST'. PETERSBURG, FLORIDA By: By: Eva Andujar Rick Baker City Clerk ; Mayor. APPROVED AS TO FORM AND CONTENT.- By: City Attorney for the City of St. Petersburg, Florida COUNTERSIGNED CITY OF CLEARWATF.R, FLORIDA By., Brian J. Aungst ' William B. Horne, II Mayor-Commissioner City Manager APPROVED AS TO FORM:. ATTEST: Bryan Ruff Cynthia E. Goudeau Assistant City Attorney City Clerk ?iliSfiVtfaa 7SJ:.l..?.. _. .. ?. .. .. ..?. ..t. ..r. ,._ ..? .e .. ... ? ? ..... .. .. .. ? ? .. r .»s.?i ATTACHMENT A LEGAL AESCR?PI TX!QN That part of the Northeast 114 of the Southeast 1 /4 of Section 8, Township 29 South, Range 16 East, Pinellas County, Florida, lying South and East of the. Tampa and Gulf Coast Railroad Right-of-way, Less the following described parcel: From the Northeast comer of the Southeast 114 of said Section 8 run South 00° 14'20" West along the section line 363.0 feet for a Point ofBeginning; thence continue along the section line 230.0 feet; thence North 89020'32" West 283.0 feet; thence North 27° 1711411 East 257.28 feet; thence South 89° 20'32" East 166 feet to the Point of Beginning, being further described as: That part of the Northeast 114 of the Northeast 1 /4 of the Southeast 1 /4 of Section 8, Township 29 South, Range 16 East, lying South and East of the S.A.L. Railroad and further described as follows: Begin at the Northeast corner of the Southeast 1/4 of Section 8, Township 29 South, Range 16 East, run thence South 00° 14120" West along the section line 363.0 feet; thence North 89° 20'32" West 166.0 feet; thence South 27° I T 14" West 257.28 feet; thence.South 89° 20'32" East 283.0 feet to the section line; thence South 00° 14'20" West along the Section line 741.70 feet; thence North 89° 35'58" West along the 40 acre line 1384.74 feet; thence North 00° 50'31" East 1048.83 feet to the Southerly right-of-way line of the S.A.L. Railroad; thence along a curve to the left along the Southerly right-of-way of said S.A.L. Railroad, whose chord bears' North 72° 44122" East, chord 943.56 feet, arc 969.91 feet and radius 1196.28 feet to the East-West centerline of said Section 8; thence South 890 33116" East along the East-West centerline of said Section 8 473.80 feet to the Point of Beginning. Being more particularly described as follows: That part of the Northeast 114 of the Northeast 1/4 of the Southeast 114 of Section 8, Township 29 South, Range 16 East, lying South and East of the S.A.L. Railroad and further described as follows: Begin at the Northeast corner of the Southeast 1/4 of Section 8, Township 29 South, Range 16 East, run thence South 00° 13'48" West along the section line 362.97 feet; thence North 891120'0811 West 166.09 feet; thence South 27° 1720" West 257.33 feet; thence South 89120'22" East 283.06 feet to the section line; thence South 00" 14'21" West along the section line 741.67 feet; thence North 89° 35'58" West along the 40 acre line, 1385.87 feet; thence North 00° 54'25" East 1049.20 feet to the Southerly right-of-way Iine of the S.A.L. Railroad; thence along a curve to the left along the Southerly right-of-way of said S.A.L. Railroad, whose chord bears North 72° 46'01" East, chord 943.25 feet, arc 969.58 feet and radius 1196.28 feet to the East-West centerline of said Section 8; thence South 891 34114" East along the East-West centerline of said Section 8 473.90 feet to the Point of Beginning. N "l a ' u w u U ? o NN) d ?dl en uxi O ti?,F ti y tf) 2 0', \I ^\? C" ,r cr W V w . . L'i i I z V) z W W 3: 9 z in cr U 2 0. z wib= L) r7 +- I z z "', t V2 oc? b s? O r X C m az 3 a_ (L. x°o u o 'C Ui z a ¦A? 1 t > N 1 XX j\?N CL Ln I W \: \ W u u 9 ' 1 X 1 ? 'ti I i? h[ i W f \ nM\>SI IK r1N V1 I" . i 3' Prepared by and Return to: City of St. Petersburg, Property Management and Realty Services Division ATTN: Post Office Box 2842 St. Petersburg, Florida 33731- 2842 Property Appraiser's Parcel Identification X MaC,timapt Q PERPETUAL AND EXCLUSIVE EASEMENT THIS INDENTURE made this day of , 2000; between , a Corporation, hereinafter referred to as ("Grantor"), whose post office address is and the City of St. Petersburg, Florida, a municipal corporation, whose post office address is Post Office Box 2842, St. Petersburg, Florida 33731- 2842, hereinafter referred to as ("Grantee"); WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00) in hand paid by the Grantee, the receipt of which is hereby acknowledged, and in consideration of the conditions and covenants contained herein, the Grantor does hereby grant and convey to the Grantee an exclusive, perpetual easement ("Easement") for public purposes, in and upon that certain parcel of land, hereinafter referred to as "Property", situated in Pinellas County, Florida, which is legally described in Exhibit "A" attached hereto and made a part hereof by reference. The Easement shall be granted for public purposes. Said public purposes shall include, but not be limited to, construction, relocation, maintenance, upgrading, and repair of new, existing and future water transmission main facilities, and/or the future installation, maintenance, and repair of new, upgraded and/or additional water transmission main facilities, underground pipes, water mains, blowoff valves, fittings, related structures, utilides, communications, fixtures, equipment, accessories and any related facilities. The Grantee shall have the right to patrol, inspect, alter, improve, repair or replace and rebuild such pipelines and related equipment and accessories, including the right to increase the size and/or number of pipelines, together with all rights and privileges necessary or convenient for the full enjoyment and use thereof for the purposes above-described, including, but not limited to, the right to enter over and upon the lands of the Grantor, its successors and assigns, for purposes of exercising the rights and privileges herein granted, including, but not limited to, the right to clear the land legally described in "Exhibit A" of vegetation, structures, pavement or any other encroachment, to excavate, construct pipelines and to prohibit the construction of permanent structures within the Easement. Grantee shall, after completion of the installation of the pipelines, and related equipment and accessories, restore the involved Easement area to as good or better condition as existed immediately prior to construction, including but not limited to landscaping and sod, curbing, asphalt and other improvements currently and legally constructed within the Easement area. In the event of future excavation within the Easement area by the City, the City agrees to restore the Easement area and any involved improvements, including but not limited to landscaping and sod, curbing, asphalt and other improvements legally constructed within the Easements and which have been agreed to by the City in writing prior to construction of the improvements within the easements, to as good or better condition as existed immediately prior to excavation and construction. ):%Public Utility ProjectATM EASEMENT DOC CORP.wpd PASe l of 4 This Easement limits the Grantor's right to install and maintain streets, driveways, fences and landscaping over the property legally described above and illustrated in "Exhibit A" that are not authorized and approved by Grantee. The construction of drainage improvements, retention or detention facilities shall not be permitted within the Easement, unless plans for such improvements or facilities have been approved of in writing by the Grantee prior to such construction. Said approval shall not be unreasonably withheld. Grantor further covenants with the Grantee that, in the case where utility lines are servicing buildings on Grantor's property, utilities may transverse the Easement, with written approval of the Grantee, providing they shall in no way interfere with the Grantee's rights. Said approval shall not be unreasonably withheld. Grantor further covenants with the Grantee that it is lawfully seized of the parcel described herein, which is free and clear from all encumbrances, or the holders of all such encumbrances have released any such interest in the property described in "Exhibit A" or have joined in the granting. of this Easement, and that Grantor has good, right and lawful authority to grant the Easement described herein, and that it fully warrants that it has title to the parcel of land described herein and will defend the same against lawful claims of all persons whomsoever. IN I'VITNESS WHEREOF, Grantor has caused these presents to be signed in its name as of the day and year first written above. WITNESSES (as to Grantor): GRANTOR: By: Witness Signature 'Typed, Printed or Stamped Name President ATTEST: Witness Signature Typed, Printed or Stamped Corporate Secretary Name Typed, Printed or Stamped Name (Affix Corporate Seal) JAPubtic Utility Pm*ts%TM EASEMENT AOC CORP.wpd 'Page 2 of 4 STATE OF FLORIDA ) COUNTY. OF PINELLAS . ) The foregoing instrument was acknowledged before,me this _ day of , A.D. 20Q_, by (He/She/They) (islare) personally known to me or (has/have) produced (Type of identification) as identification and appeared before me at the time of notarization. Notary,Public - State of Florida Notary Signature Typed, Printed or Stamped Name (Affix Notarial Seal) APPROVED AS TO CONTENT: APPROVED AS TO FORM: City Attorney or designee City Attorney or designee By: Sy' Assistant City Attorney Assistant City Attorney hftblk UWUY PMJCC slTM EASMan DOC CORP.wpd Page 3 of 4 i ;: Woft=1on Item #: Clearwater City Commission ?Q?.,,i R •°? Agenda Cover Final Agenda Item # MernorandLIM Meeling Date: 12!5102 SUBJECT/RECOMMENDATION: Adopt Resolution 02-55 authorizing Supplemental Agreement #3, to include emergency soil mitigation and fuel tank replacement in an existing JPA at Clearwater Airpark, increasing Department (FDOT) funding by $300,000.00 and authorize the City's contribution of $60,000 under the agreement. 19 and that the appropriate officials be authorized to execute same. SUMMARY: The Florida Department of Transportation (FDOT) has agreed to increase reimbursable funding to include emergency soil mitigation and fuel tank replacement in the existing JPA for the design and construction of two-ten plane T -hangars, one corporate hangar and the completion of the storm water management plan at Clearwater Airpark, 1000 North Hercules. Avenue by $300,000.00. The new total funding provided by the FDOT for this JPA is $1,118,800.00. The City's contribution has increased by $60,000. This $60,000 is offset and "paid for" by the decrease of the City's contribution by $95,300.00 in supplement number 2 due to the increase percentage contributed by the FDOT. The savings realized in supplement . `number 2 will more than offset the cost for supplement number 3. Funding for this project is budgeted in the 2002/2003 Capital Improvement Program. This increase represents eighty (80) percent participation on the part of the FDOT, and twenty (20) percent on the part of the City: Reviewed by: Legal Budget Purchasing Rhk Mgmt NIA Info Srvc NIA Public Works NIA DCMIACM Other Originating Dept-&<-2, costs Marine and Aviation (Bill Morris) Total. $60,000 User Dept, l Marine and Aviation Attachments 1. Resolution 02-55 2. ..PASuppf #3 AI076 - Current FY Funding Source: CI 0 P Other Submitted by: City Manager © None Appropriation Code: 315-94713-562800-575-000 Prlntad on roc pa Rev. 2198 RESOLUTION NO. 02-55 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING SUPPLEMENTAL AGREEMENT #3 TO INCLUDE EMERGENCY SOIL MITIGATION AND FUEL TANK REPLACEMENT FOR THE JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR THE DESIGN AND CONSTRUCTION OF TWO AIRCRAFT T- HANGARS, ONE CORPORATE HANGAR AND THE COMPLETION OF THE'STORM WATER MANAGEMENT PLAN AT CLEARWATER AIRPARK INCREASING DEPARTMENT FUNDING BY $300,000.00; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) has agreed to provide funding to include emergency soil mitigation and fuel tank replacement, as well as the completion of the Storm Water Management Plan and the design and construction of.two (2) aircraft T-hangars and one (1) corporate hangar at Clearwater Airpark under.Joint Participation Agreement FM No. 40300619401, Contract No. A1076, a copy of which is attached hereto as Exhibit "A": now therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA; . Section 1. The City Commission hereby accepts and approves Supplement #3 to the Joint Participation Agreement between the City and the State of Florida Department of Transportation, FM No. 40300619401, Contract No. A1076 to include funding for emergency soil mitigation and fuel tank replacement, as well as the completion of the Storm Water Management Plan and the design and construction of two aircraft T-hangars and one corporate hangar at Clearwater Airpark. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of Approved as to form: x, t BvAn Ruff assistant City Attorney 2002. Brian J. Aungst Mayor-Commissioner Attest: 'Cynthia E. Goudeau City Clerk Resolution No, 42-55 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 3 FORM 125-030,01 PU800 TRANSP ADMIII.ON00 Page 1 of 4 FINANCIAL PROJECT NO.: Fund: 010 FLAIR Approp,: 088719 40300619401 Function: 637 FLAIR MI.: 750004 -•---------Y Contract No.: A_1076 Org. Code: 5.5072_02072_8_ Federal No.: nta Vendor No., F596000289002 Catalog of Federal Domestic Assistance Number: nla Catalog of State Financial Assistance Number: 55004 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and _g1ty of Clearwater P.O. Box 4748, Clearwater, Florida 34618-4748 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 21st of Juno _ 2000 , ,entered Into a, Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined In the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $1,118,800.00 NOW, THEREFORE THIS INDENTURE; WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement Is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended to Include: Emergency soil mitigation and Fuel Tank Replacement, t E I. {s f e M1 ? E e roRM 775.010.01 PURN'.1NANSP AUM,N • 07100 Paqu 3 014 Financial Project No, 40300610401 Contract No. A1076 Agreement Date Except as hereby modified, amended or changed, ull other torma of sold Agrnamont dated June 21st, 2000 and any subsequent supplements shall remaln In full forcu and offuct, , IN WITNESS WHEREOF, they parties hereto havo caused thew presents be executed, the day and year first above written. AGENCY DATE FUND NG APPROVED BY COMPTROLLER (SEE ATTACHED ENCUMBRANCE FORM) City of Clearwater NAME LEGAL REVIEW DEPARTMENT OF TRANSPORTATION TITLE DEPARTMENT OF TRANSPORTATION I)nnald.1 Skelton, p.E., I?Istrlct Director of planning and Production 't TITLE , 1 o < 1 r e , I 1 rORM 725.030.07 PuBUC 7RAN5P ADMIN • 07!00 Palo 4 of 4 Financial Project No. 40300619401 Contract No. A1076 Agreement Dale ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between of Florida, Department of Transportation and _City of Clearwater _ P.O. Box 4748, Clearwater, Florida 34618-4748 dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): This Supplemental Agreement Is to increase Department and Agency funding as a result of a added project description to accommodate emergency fuel spill clean up and fuel tank replacement. 1. Project Cost: As Approved As Amended Net Change . ? i $1,023,500.00 $1,383,500.00 $360,000.00 Total Project Cost $1,023,500.00 $1,383,500.00 $360,000,00 II. Fund Participation: As Approved As Amended Net Change Department: $818,800.00 $1,118,800.00 $300,000.00 Agency: $204,700.00 $264,700.00 $60,000.00 Other: Total Project Cost $1,023,500.00 $1,383,500.00 $360,000.00 Comments: The Department may participate In up to eighty percent of the non-federal share of this project as provided by Florida Statute 332.007 (6). z .;,F WATER CITY OF CLEAR Interdepartmental Correspondence, i ' f TO: Mayor and Commissioners r PROM: Cyndle Goudeau, City Clerk V SUBJECT: Additional follow up from December 2, 2002 Work Session 4 COPIES: William B. Horne, City Manager i DATE: December 4, 2002 Additional information is provided: . i Item ##44 - Pelican Walk Parking Garage Alternatives -- the following list provides comparable parking space sizes (from land development regulations) for other communities: The garages checked have the same dimensions. Based on the 108' dimension on the site, the length would need to be reduced to 15' to get two double rows of 90 degree parking.. This is not recommended.. There is flexibility with angle parking dimensions which can be used to maximize. efficiency. Please note: Agenda for Thursday's commission meeting - Page 1, Presentation item 3b should be "Making a Difference" Award from Clearwater Neighborhood Housing Services. i. tiff r ' 3 w. rf. •.v l.•.Yhf 1. l..lf .r r. .. f.v .s..w,• .. .. arav.>•.•?.. --- •6. ? ,. .. •'. .? Clearwater 9'x19' with 24' drive aisle Pinellas Count 9'x19' with 24' drive aisle ' Hillsborough Count 9'x18' with 24' drive aisle Pasco Count 9'x20' with 24' drive aisle Tam a - 9'x18' with 26' drive aisle St. Petersbur 9'x19' with 24' drive aisle Clearwater City Commission Agenda Cover Memorandum Work session Item #: Final Agenda Item # ? 919If19 Meeting Date: 1215102 SUBJECT/RECOMMENDATION: SERVICE AWARDS . ? and that the a ro riate officials be authorized to execute same. SUMMARY: The following employees be presented with service awards for their length of service in the employment of the City of Clearwater BACKGROUND: 5 Years 25 Years Robert C. Strieder Public Utilities Philip Seissian Public Services Agustin W: Menchaca III Parks & Recreation Deborah L. Weitzel Fire Philip C. Ruppel Public Utilities Donald J. Flemming Library Robert B. Jones, Jr. Parks & Recreation Georgia L. Calder Parks & Recreation 10 Years Joseph Mack . James P. Atherholt 15 Years' . Julia M. Jablonski Gregory K. Pippins Parks & Recreation'. Parks & Recreation Solid Waste Solid Waste ,0 Reviewed by: Originating Dept: Costs Legal Info Srvc Total Budget Public Works User Dept. Funding Source: Purchasing DCM/ACM Current FY CI Risk Mgmt Other Attachments OP Other Submitted by: p None City Manager Appropriation Code: Printed on r;;Cled paper Rev. 2148 F LW/ '??V CHARTER REVIEW APPLICATIONS Mark P. Bryan Joanie Sigal 1498 Excaliber Drive 1927 Sever Drive ' Clearwater, FL 33764 Clearwater, FL 33764 530-3619. 461-1975 H 298-5406 W i Joseph A. Calio .692-8535'C 1290 Gulf Boulevard # 1608 Clearwater, FL'33767 Lawrence (Duke) Tiernan ? 596-4059. 1 120 Kingsley: Street Clearwater, FL 3375& `. Emilio J. Correa 446-3853 H 1218 Grove Street 726-7001 W 6 Clearwater, FL 33755 :4 . 466.0823 . :• Jeffery J. DIPolitO ' 1624 Parkside Drive Clearwater, FL 33756 442-7327 H 539-5106 W' John Doran 65 Verbena Street Clearwater, FL 33767 : 447-9579 H F' 447-9579 W ' 641-7515 C' Melody Figurski ` 2975 Eagel. Estates Circle W ' Clearwater, FL 33761 ' . 797-0087 Rita Garvey 1560 Ridgewood. Street Clearwater, FL 33755 ' , ' 446-3846 .. Timothy A. Johnson, Jr. One Leeward Island Clearwater, FL'33767 I 446-0031 H ts 461-11318 W {€