03/30/2009WORK SESSION AGENDA
Council Chambers - City Hall
3/30/2009 - 9:00 AM
1. Presentations
1.1 March Employee of the month and March/April Team winners
LB Attachments
1.2 Police Recruits Swearing In
10 Attachments
1.3 One Bay/Regional Visioning Initiative (WSO) - Mr. Pumariega, Tampa Bay Regional Planning Council
IB Attachments
1.4 Pinellas County Homeless Intervention - Maureen Freaney, Bureau Director, Pinellas County Health &
Human Svcs
1B Attachments
1.5 Project Homeless Connect - Sarah Snyder, Executive Director, Pinellas County Coalition for the
Homeless
10 Attachments
2. Gas System
2.1 Approve a Utility Work By Highway Contractor Agreement (Lump Sum) with the State of Florida's
Department of Transportation to install natural gas mains during improvement project, FPN: 256881-1-
56-07/Pinellas County, SR55 (US 19) from North of Whitney to South of Seville, at an estimated cost of
$164,385, adopt Resolution 09-15 and authorize the appropriate officials to execute same.
1B Attachments
2.2 Approve a Utility Work By Highway Contractor Agreement with the State of Florida's Department of
Transportation to install natural gas mains during improvement project, FPN: 256881-2-56-07/Pinellas
County, SR55 (US 19) from South of Seville to North of SR 60, at an estimated cost of $94,335, adopt
Resolution 09-16 and authorize the appropriate officials to execute same.
ID Attachments
3. Marine and Aviation
3.1 Authorize the execution of a Joint Participation Agreement (JPA) between the City of Clearwater and the
State of Florida Department of Transportation (FDOT) for security items at the Clearwater Airpark and
adopt Resolution 09-11.
1B Attachments
4. Engineering
4.1 Approve a contract to Cairns Corporation of Tampa, Florida, for the renovation of the existing Fire
Station 48 facilities in the amount of $391,970.70, which is the lowest responsible bid in accordance with
specifications, and authorize the appropriate officials to execute same. (consent)
LB Attachments
4.2 Approve the Utility Work by Highway Contractor Agreement with the State of Florida Department of
Transportation (FDOT) in the amount of $1,929,092.70 for the relocation of existing potable water,
reclaimed water and sanitary sewer facilities impacted by the FDOT's SR 55 (US 19) from north of
Whitney Rd. to south of Seville Blvd. Project,adopt Resolution 09-13and the appropriate officials be
authorized to execute same.
10 Attachments
4.3 Approve the Utility Work by Highway Contractor Agreement with the State of Florida Department of
Transportation (FDOT) in the amount of $2,084,622.90 for the relocation of existing potable water,
reclaimed water and sanitary sewer facilities impacted by the FDOT's SR 55 (US 19) from south of
Seville Boulevard to north of SR 60 Project, adopt Resolution 09-14 and the appropriate officials be
authorized to execute same.
1B Attachments
5. Official Records and Legislative Services
5.1 Appoint two members to the Airpark Advisory Board with term(s)to expire April 30, 2013.
LB Attachments
5.2 Appointment of Vice Mayor
1B Attachments
6. Legal
6.1 Adopt Ordinance 8039-09 on second reading, amending Section 33.028, Code of Ordinances, to allow the
City Manager to adjust vessel slip rent increases or decreases up to ten percent annually.
1B Attachments
6.2 Adopt Ordinance 8045-09 on second reading, amending the Operating Budget for the Fiscal Year ending
September 30, 2009, to reflect increases and decreases in revenues and expenditures for the General Fund,
Special Development Fund, Special Program Fund, Stormwater Utility Fund, Solid Waste Fund,
Recycling Fund, Gas Fund, Marine Fund, Airpark Fund, Parking Fund, and Central Insurance Fund.
1B Attachments
6.3 Adopt Ordinance 8046-09 on second reading, amending the Capital Improvement Budget for the Fiscal
Year ending September 30, 2009, to reflect a net increase of $2,195,309.
1B Attachments
6.4 Adopt Ordinance 8047-09 on second reading, annexing certain real property whose post office address is
2350 Lake Shore Drive and unaddressed parcel at the corner of First Street East and Third Avenue North,
together with the right-of-way of Fourth Avenue North abutting Lots 12,13 and 14, the right-of-way of
First Street East abutting Lots 1 and 14, and the right-of-way of Third Avenue North abutting Lots 1,2,
and 3 of Block 46 and Lots 10 through 13 of Block 47, into the corporate limits of the city and redefining
the boundary lines of the city to include said addition.
19 Attachments
6.5 Adopt Ordinance 8048-09 on second reading, amending the future land use plan element of the
Comprehensive Plan of the city to designate the land use for certain real property whose post office
address is 2350 Lake Shore Drive and unaddressed parcel at the corner of First Street East and Third
Avenue North, together with the right-of-way of Fourth Avenue North abutting Lots 12,13 and 14, the
right-of-way of First Street East abutting Lots 1 and 14, and the right-of-way of Third Avenue North
abutting Lots 1,2, and 3 of Block 46 and Lots 10 through 13 of Block 47, upon annexation into the City of
Clearwater, as Residential Suburban (RS).
LB Attachments
6.6 Adopt Ordinance 8049-09 on second reading, amending the Zoning Atlas of the city by zoning certain
real property whose post office address is 2350 Lake Shore Drive and unaddressed parcel at the corner of
First Street East and Third Avenue North, together with the right-of-way of Fourth Avenue North abutting
Lots 12,13 and 14, the right-of-way of First Street East abutting Lots 1 and 14, and the right-of-way of
Third Avenue North abutting Lots 1,2, and 3 of Block 46 and Lots 10 through 13 of Block 47, upon
annexation into the City of Clearwater, as Low Density Residential (LDR).
10 Attachments
7. City Manager Verbal Reports
7.1 Beach Parking Garage Update
IB Attachments
8. Other Council Action
8.1 Other Council Action
ID Attachments
9. Adjourn
10. Presentation(s) for Council Meeting
10.1 Proclamation -April is Water Conservation Month
ID Attachments
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
March Employee of the month and March/April Team winners
SUMMARY:
Employee of the month (March) - Tim Bartlett
March/April Team winners - Tim Bartlett, Rick Mishler, & Tim Roach
Review Approval: 1) Clerk
Meeting Date:3/30/2009
Cover Memo
Item # 1
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Police Recruits Swearing In
SUMMARY:
Kevin Boyle
Nicholas Capogna
Thomas Olsen
Review Approval: 1) Clerk
Meeting Date:3/30/2009
Cover Memo
Item # 2
Work Session
Council Chambers - City Hall
Meeting Date:3/30/2009
SUBJECT / RECOMMENDATION:
One Bay/Regional Visioning Initiative (WSO) - Mr. Pumariega, Tampa Bay Regional Planning Council
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 3
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Attachment number 2
Page 1 of 6
ONE
BAY
fULFILLING
LIFE'S
POSSIBILITIES
3.
M
General Overview & Findings
Updated December 2, 2008
About ONE BAY & Voice It!
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx............
ONE BAY (www.myOneBay.com) is a diverse partnership of five regional organizations -
working in tandem with the private, public, and nonprofit sectors and citizenry of the
seven-county Tampa Bay Region - aligned to develop a regional vision that will help realize
a sustainable, high-quality Tampa Bay region for decades. A unified vision for quality and
sustainable growth is critical to meet the needs of the 3.2 million new Tampa Bay region
residents expected by the year 2050.
The purpose of ONE BAY's Voice It! campaign is to discover, compile, and detail
information from people living and working in the Tampa Bay region to aid policy makers
and community leaders in their decision-making on how to protect, promote, and ensure a
sustainable, high-quality Tampa Bay region through the upcoming decades of projected
growth and development. One goal of ONE BAY is to ensure that everyone who lives in the
Tampa Bay region has the opportunity to participate in shaping the region's vision and
ultimate future.
• Five regional organizations comprise the equal partnership of ONE BAY:
Southwest Florida Water Management Water District, Tampa Bay Estuary Program,
Tampa Bay Regional Planning Council, Tampa Bay Partnership Regional Research &
Education Foundation, and Urban Land Institute Tampa Bay District Council.
• The ONE BAY Leadership: ONE BAY chair is Dan Mahurin, Tampa Bay Partnership
Regional Research & Education Foundation chair and SunTrust Bank Tampa Bay
chairman, president & CEO. Joining Mr. Mahurin on the ONE BAY Executive
Committee are: David Moore, Southwest Florida Management District executive
director; Holly Greening, Tampa Bay Estuary Program executive director;
Stuart Rogel, Tampa Bay Partnership president & CEO; Manny Pumariega, Tampa
Bay Regional Planning Council executive director; and Scott Shimberg, Urban Land
Institute Tampa Bay District Council chair.
• Seven counties of the Tampa Bay region: Hernando, Hillsborough, Pasco,
Pinellas, Polk, Manatee, and Sarasota.
Item # 3
Attachment number 2
ONE BAY/ 2of6 Page 2of6
ONE BAY: A ublic rocess
1. Reality Check Tampa Bay (Spring 2007)
2. Reality Check: County-by-County (Fall 2007)
3. Voice It! (Summer 2008)
4. Voice It!: A presentation of findings (Winter 2008)
5. ONE BAY "vision" (Mid-2009)
Realitv Check (Spring 2007, Fall 2007)
The one-day Reality Check event at the Tampa Convention Center in Spring 2007 brought
together citizens from across the Tampa Bay region to interactively work in sync to
allocate housing, jobs, and transportation options to support the 3.2 million new residents
expected to live in the Tampa Bay region by the year 2050. More than 300 people -
representing the private, public, and nonprofit sectors - used Lego® blocks and colored
ribbons to illustrate options for future residential and commercial development and
various methods of community connectivity. Reality Check virtual communities were
"built" based on priorities citizens determined were most important for the overall good of
the region. Reality Check was the foundation for the formation of ONE BAY in its current
form.
Following the success of the initial Reality Check in Spring 2007, a series of Reality Check
events were held that Fall in each of the Tampa Bay region's seven counties; gaining input
from an additional 700 community representatives.
Findings: In all, 1,000 people expressed their vision and priorities for Tampa Bay's next
40 years. These priorities, referred to as Guiding Principles, focus on:
- Clustering higher-density developments around transportation corridors
- Maximizing mobility using multi-modal transportation
- Preserving natural resources
- Balancing jobs and housing for affordable quality of life
- Attracting higher-paying jobs & strengthening economic-development initiatives
- Preserving farmland and sustaining the role of agriculture
The input received through all Reality Check events served as the foundation for
the ONE BAY technical team's development of four distinct scenarios exploring the
consequences of potential growth patterns of the Tampa Bay region. All four scenarios
accommodate the 3.2 million new residents expected to live in the Tampa Bay region by
2050, including the 1.6 million new jobs and 1.3 million new homes anticipated to meet
the needs associated with this population increase.
Voice It! Campaign (Summer 20081
The Voice It! campaign focused on obtaining public input surrounding the
Guiding Principles identified as a result of the 15 Reality Check workshops held across
the region with a total of 1,000 participants. Campaign promotion included 70
presentations to more than 3,500 people living and working in the seven-county Tampa
Bay region; an extensive viral marketing campaign; a public service announcement
produced by WUSF and aired on ION (during the Tampa Bay Rays home games), Bright
Item # 3
ONE BAY/ 3 of 6
Attachment number 2
Page 3 of 6
House Network, and Tampa Bay Community Network; and publicity via newspaper
editorials, guest columns, and articles; and web links and blogs. Replys to the survey
will help to further assess and prioritize tradeoffs and compromises in pursuit of the
growth and future development of the Tampa Bay region, in addition to promoting a
community's engagement for successful in long-range planning.
The four scenarios under review by the public are conceptual and serve to
illustrate the Guiding Principles, previously identified, in a variety of land-use patterns
and development.
• Scenario A: "Business-as-usual;" describes how the region may look if current
growth patterns continue to exist through the year 2050. In this alternative,
the growth continues to be in suburban communities with single-family homes and
doubles the amount of developed land. The average commute becomes longer and
up to 200,000 acres of wetlands and wildlife habitat may be adversely affected.
• Scenario B: Derived specifically from the Reality Check workshops. Compared
to Scenario A, this alternative quadruples the space of revitalized properties in and
near city centers, with an increased focus on alternative housing such as town
homes, garden apartments, homes above retail stores in mixed-use buildings and
mid/high-rise condominiums taking advantage of waterfront views or proximity to
regional activity centers. As the population density increased, enhanced rail and
transit options become increasingly viable.
• Scenario C: Emphasizes compact design that encourages mass transit. Existing and
new towns located near transit stations designed to minimize dependency on
automobiles. Generous parks and outdoor recreational areas easily accessible in
these new neighborhoods, along with schools and community-activity centers. The
most preservation of open space would exist, compared to the other three scenarios,
with more redevelopment in and near city cores.
• Scenario D: Focuses on the preservation of water resources and wildlife habitat.
Construction in areas defined as wetlands, aquifer recharge areas and priority
habitat avoided. Approximately 24,000 acres revitalized as new mixed-use
communities near downtown cores. And, less than 500 acres of wetlands or priority
habitat threatened with new development.
Findings: As of October 31, 2008 3,438 people responded to the on-line survey
during the period of June through October 2008. The survey, taking anywhere from
approximately 2 to 20 minutes to complete, asked respondents for their input and
opinions on the four scenarios of potential growth patterns of the Tampa Bay region
through 20 values-oriented and demographic questions.
Demoaraphics of survey respondents
• The percentage of responses from each county in the Tampa Bay region ran
parallel with the census distribution for the Tampa Bay region, with the exception of
Polk and Sarasota counties where fewer than the projected responses were received.
Item # 3
ONE BAY/ 4 of 6
County of residence
Hernando
Hillsborough
Manatee
Pasco
Pinellas
Polk
Sarasota
Other
* Results as of 10131108; ** U.S. Census, 2007 estimates
of survev resoondents*
4.3%
42.1%
10.4%
14.4%
20.4%
3.1%
4.2%
1.0%
Attachment number 2
Page 4 of 6
as a % of total region**
4.2%
29.5%
7.9%
11.6%
23.0%
14.4%
9.3%
n/a
e By gender, 52.2 percent of the respondents are female, 47.8 percent are male.
• By age:
Age
Less than 18 years
18 to 24 years
25 to 39 years
40 to 59 years
60 years & older
% ofsurvev respondents
10.8%
7.0%
26.6%
42.9%
12.7%
as a % of total reaion*
21.4%
8.0%
18.8%
27.2%
24.5%
* Results as of 10131108; ** U.S. Census, 2007 estimates
e By race/ethniticy:
Race/ethniticv
African-American
Asian
Hispanic
White, not Hispanic
Other
Prefer not to answer
of survev resoondents
5.0%
1.3%
9.2%
77.0%
2.9%
6.2%
as a % of total reaion*
11.2%
2.3%
13.7%
72.1%
0.7%
n/a
* Results as of 10131108; ** U.S. Census, 2007 estimates
Survey findings
The scenario illustrations were presented to help convey the cause/effect relationship of
different land use patterns on transportation options, environmental issues, preserving
drinking water resources, preservation of agricultural land, the location of jobs vs.
housing, and future housing options. They are conceptual, not "a plan" for the future
land uses of the Tampa Bay region. A detailed compilation and analysis of the survey
findings will be available on-line, www.myOneBay.com, December 2008.
A very general review:
• More than 50 percent of the respondents (54%) identified Scenario C as the scenario
selected that "best relects own overall values;" followed by a "blend of
scenarios" (17%), Scenario D (15%), Scenario B (10%), and Scenario A (4%).
Item # 3
ONE BAY/ 5 of 6
Attachment number 2
Page 5 of 6
• Respondents were asked to select a scenario that:
- Best provides the transportation options that you would like to have
within the region; 72.5% selected Scenario C.
- Best addresses your level of concern about environmental issues;
45.9% selected Scenario C.
- Provides the highest potential for preserving drinking waster
resources; 59.3% selected Scenario C.
- Best reflects your level of concern for preservation of agricultural
land; 61.0% selected Scenario C.
- Could best locate jobs close to where employees live; 62.4% selected
Scenario C.
- Provides the best future housing options: 50.8% selected Scenario C.
- Best reflects your vision for land use patterns with the region; 58.9%
selected Scenario C.
• Respondents were asked rate the importance of the issue:
- Transportation options
High: 62.2%
Medium: 33.0%
Low: 4.7%
- Environmental issues
High: 64.8%
Medium: 30.7%
Low: 4.4%
- Preserving drinking water resources
High: 68.1%
Medium: 28.2%
Low: 3.7%
- Preservation of agricultural land
High: 40.1%
Medium: 46.1%
Low: 13.8%
- Proximity of jobs vs. housing
High: 56.1%
Medium: 37.4%
Low: 6.5%
- Future housing options
High: 48.8%
Medium: 42.0%
Low: 9.1%
• Mass transit, cost of living, and employment were selected by respondents as
the top three most important issues for the future of the Tampa Bay region.
Mass transit and traffic congestion, combined, accounted for more than 60
percent of the responses. The most important issues for the future, as per the
respondents, in order of importance:
Item # 3
ONE BAY/ 6 of 6
- Mass transit
- Cost of living
- Employment
- Natural resource conservation
- Public education
- Water availability
- Traffic congestion
- Water quality
- Energy
- Healthcare
- Parks/open space
- Air quality
- Housing choices
- Public safety
- Farm land preservation
- Other
Attachment number 2
Page 6 of 6
• Mass transit was the one, most immediate issue reauiring attention, with
more than 25 percent of the responses selecting this issue. The most immediate
issue requiring attention, as per the respondents, in order of importance:
- Mass transit
- Cost of living
- Traffic congestion
- Employment
- Public education
- Natural resource conservation
- Water availability
- Energy
- Healthcare
- Other
- Water quality
- Housing choices
- Air quality
- Farm land preservation
- Public safety
- Parks/open space
• Two, open-ended questions provided respondents with unrestricted access to opine
about the topics introduced throughout the survey instrument. More than 50 percent
of the respondents provided comments to one, or both, of the questions. The
comments included a wide variety of topics and are currently being compiled for a
detailed presentation to the public.
ONE FULFILLING
LIFE'S
BAY POSSIBILITIES
A detailed compilation and analysis of the survey findings will be
available on-line, www.myOneBay.com1 January 2009.
For more information, contact info@myOneBay.com.
Item # 3
Work Session
Council Chambers - City Hall
Meeting Date:3/30/2009
SUBJECT / RECOMMENDATION:
Pinellas County Homeless Intervention - Maureen Freaney, Bureau Director, Pinellas County Health & Human Svcs
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 4
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Work Session
Council Chambers - City Hall
Meeting Date:3/30/2009
SUBJECT / RECOMMENDATION:
Project Homeless Connect - Sarah Snyder, Executive Director, Pinellas County Coalition for the Homeless
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 5
UPDATE ON
HOMELESSNESS IN
PI N ELLAS COUNTY
Sarah K. Snyder
Executive Director, Pinellas County Coalition for the Homeless
Staff Director, Homeless Leadership Network
March 30, 2009
2009 Homeless Count and Survey
? Count and Survey conducted in late January
? Preliminary figures:
Sheltered count (in emergency shelter or
transitional housing)
• Was 3951 in ,January, 2007
• At least 4300 in .January, 2009
• Increase in permanent supported housing,
emergency
Unsheltered count (places unfit for human
habitation)
• Was 1229 in ,January, 2007
• Increase of at least 10-15% in January, 2009
ft,, final count numbers and analysis by April 3)
3/30/2009
1
3/30/2009
Other Preliminary Information
? Homeless Families with Children Increasing in
Number
Identified children in school: 2008 = 870;
2008= 1339
Homeless family emergency shelters always full and
have waiting lists
Increase in younger families with children under 5
Major increase in numbers of families calling that
are about to lose housing
Insufficient Family Choice (Section 8) certificates to
begin to address family needs
Unsheltered Homeless Data
? More women than in previous years: initial
analysis is 32% women, vs. previous 20-22%
? Largest number of street homeless are aged
45-54, second largest at ages 35-44
? More than 15% of street homeless are
veterans (with sheltered, probably 24%+
? More than 10% are couples
? First time homeless for more than 30%
? Foreclosure or eviction reason for 9%+
? Approximately 30% are chronic homeless
2
3/30/2009
Best Practice in Homeless
Prevention Services
? The Homeless Prevention continuum of
services is organized to reduce the number of
persons who lose housing for one day or
more.
Information, information
Promote seeking assistance before losing housing
o Stop discharge of people into homelessness
Connect people at risk with the resources available:
• TANF (needy families)
• SSI/SSDI
• Rental assistance
Best Practices in Homeless Services
? The Homeless Continuum of Services is
organized to minimize the length of time
people remain homeless, and the number of
times they become homeless
Effective Street and Family Outreach
Comprehensive Day Services
• One-Stop: wide variety of providers offer at least
weekly services in one place - connection to services
• Bathrooms, showers
• Mailboxes
• Outreach
3
3/30/2009
Best Practices in Homeless Services
? Housing First or Rapid Re-Housing: move people into
housing at the beginning, then make services
available to them to help them stay in housing
? Requires flexible, mobile case management and
specialized services such as mental health and substance
abuse
? Requires rental assistance and other financial assistance
for a period of time
? Emergency housing used for initial stabilization for short
period of time
? Transitional housing used for those with most needs
(substantial mental health /substance abuse) or safety
needs (domestic violence)
Homeless Service and Prevention
System Requirements
? Overall plan of action and ongoing
coordination
? Effective, comprehensive data management
system used by all providers - with
comprehensive, shared data on who is
getting what services and successfully being
housed
? Community-wide system outcomes that allow
providers, funders, and the public to know
what works and how well
4
FY 2009 Income Limits Documentation
System
FY 2009 Income Limits Summary
Tampa-St. Petersburg-Clearwater, FL MSA
FY 2009
FY 2009 Median Income 1 2 3 4 5 6
Income
Limit Area Ilncome Limit Person Person Person Person Person Persor
Category
Very Low
(50%9)
Income $20,700 $23,700 $26,650 $29,600 $31,950 $34,351
Limits
Tampa-St. Extremely
Petersburg-
Clearwater,
$59,200 Low
(30%0_)
$12,450
$14,200
$16,000
$17,750
$19,150
$20,601
FL MSA Income
Limits
Low
(80%.)
Income $33,150 $37,900 $42,600 $47,350 $51,150 $54,951
Limits
The Tampa-St. Petersburg-Clearwater, FL MSA contains the following areas: Hernando County, FL;
Hillsborough County, FL ; Pasco County, FL ; and Pinellas County, FL.
Income Limit areas are based on FY 2009 Fair Market Rent (FMR) areas. For a detailed
account of how this area is derived please see our associated FY 2009 Fair Market Rent
docu__mentation system.
Data file last updated Tue., Mar 10, 2009.
Change Your Geographic Selections
Select a State first to select a specific county or New England town:
Alabama
httD://www.huduser.ora/data.sets/il/il2009/2009summarv odn?innutname=MRTRO45100M '1/26/?nng
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/30/2009
Approve a Utility Work By Highway Contractor Agreement (Lump Sum) with the State of Florida's Department of Transportation to
install natural gas mains during improvement project, FPN: 256881-1-56-07/Pinellas County, SR55 (US 19) from North of Whitney to
South of Seville, at an estimated cost of $164,385, adopt Resolution 09-15 and authorize the appropriate officials to execute same.
SUMMARY:
The Florida Department of Transportation (FDOT) has a project to widen/improve SR55 (US 19) from North of Whitney to South of
Seville including roadway, sidewalk, other improvements, and utilities to include those existing Clearwater Gas facilities which conflict
with the design.
Council originally approved this item on August 21, 2008, in the amount of $70,576. We are asking for a $93,809 increase due to new
construction designs included in the roadway plans mandated by the FDOT.
Under the Utility Work By Highway Contractor Agreement (UWHCA - Lump Sum), 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 315-96377 - Pinellas New Mains and Service Lines.
Type:
Capital expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
164,385
164,385
10/1/08 to 9/30/09
Appropriation Code
315-96377
Amount
164,385
Budget Adjustment: None
Annual Operating Cost: 164,385
Total Cost: 164,385
Appropriation Comment
Pinellas New Mains and Service Lines
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 6
Attachment number 1
Page 1 of 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(LUMP SUM) 10/04
Financial Project ID: 256881-1-56-07 Federal Project ID: N/A
County: Pinellas State Road No.: 55
District Document No:
Utility Agency/Owner (UAO): Clearwater Gas Systems, Inc.
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 Systems, Inc., hereinafter referred to as the "UAO";
WITNESSETH:
WHEREAS, the UAO owns certain utility facilities which are located on the public road or publicly owned rail
corridor identified below, hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities
as the same may be relocated, adjusted, or placed out of service); and
WHEREAS, the FDOT, is currently engaging in a project which involves constructing, reconstructing, or
otherwise changing a public road and other improvements located on a public road or publicly owned rail corridor
identified as US 19 from N. of Whitney Road to S. of Seville, State Road No. 55, hereinafter referred to as the
"Project"; and
WHEREAS, the Project requires minor modifications to the Facilities or the FDOT's design more particularly
described in Exhibit A attached hereto and by this reference made a part hereof, hereinafter referred to as "Utility
Work," and full plans and technical specifications for the Utility Work are not required; and
WHEREAS, the FDOT will perform the Utility Work as part of the Project; and
WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the
Utility Work; and
WHEREAS, the FDOT and the UAO desire to enter into an agreement which establishes the terms and
conditions applicable to 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:
Performance of Utility Work
a. The FDOT will include the Utility Work in its plans and specifications for the Project and will include
the Utility Work as part of the FDOT's construction of the Project. The preparation of the plans and
specifications and the construction of the Project will be performed in such manner as the FDOT, in
its discretion, deemed appropriate.
b. All location, protection, relocation, adjustment, or removal of the UAO's Facilities which is not listed in
Exhibit A shall be performed pursuant to a separate agreement.
2. Cost of Utility Work
a. The UAO will, at least ( ) calendar days prior to the date on which the FDOT advertises
the Project for bids, pay the FDOT the amount of $ 164,385 for the cost of the Utility Work. Said
amount will be deposited into the State Transportation Trust Fund.
b. The FDOT and the UAO acknowledge and agree that the amount stated above includes an additional
ten percent (10%) to cover the UAO's obligation for the cost of the Utility Work as set forth in Section
337.403(1)(b), Florida Statutes.
Page 1 of 5 Item # 6
Attachment number 1
Page 2 of 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(LUMP SUM) 10/04
C. Except for costs associated with any changes or additions to the Utility Work, the FDOT and the UAO
agree that the deposit shall be an asset of the FDOT and that it constitutes a full and final lump sum
payment for the cost of the Utility Work, without any requirement for a subsequent accounting for the
use of the deposit.
Pursuant to Section 337.403(1)(b), Florida Statutes, no changes or additions to the Utility Workwill be
made during the construction of the Project unless the UAO has made an additional deposit to cover
the cost of the changes or additions. To the extent that the amount stated in Subparagraph 2.a. above
exceeds the amount of the FDOT contractor's bid that applies to the Utility Work, such excess may be
applied to cover the cost of the changes or additions. All changes or additions shall be subject to the
limitations on supplemental agreements and change orders contained in Section 337.11(8), Florida
Statutes.
3. 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:
(1) Terminate this Agreement if the breach is material and has not been cured within 60
days from written notice thereof from the FDOT.
(2) Pursue a claim for damages suffered by the FDOT.
(3) 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 60 days from written notice
thereof from FDOT until such time as the breach is cured.
(4) Pursue any other remedies legally available.
(5) 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 FDOT 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 60 days from
written notice thereof from the UAO.
(2) 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 and from any statutory obligations that either party may have with
regard to the subject matter hereof.
4. Indemnification
FOR GOVERNMENT-OWNED UTILITIES:
To the extent provided by law, 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
Page 2 of 5 Item # 6
Attachment number 1
Page 3 of 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(LUMP SUM) 10/04
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.
When the FDOT 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 FDOT will immediately forward the claim to the
UAO. The UAO and the FDOT 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 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 FDOT 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 FDOT 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.
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.
5. Force Majeure
Neither the UAO nor the FDOT 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 estimate duration, (b) promptly remedied or mitigated the effect of the
occurrence to the extent possible, and (c) resumed performance as soon as possible.
6. Miscellaneous
a. To the Facilities shall at all times remain the property of and be properly protected and maintained by
the UAO in accordance with the then current Utility Accommodation Manual and the current utility
permit for the Facilities.
b. Pursuant to Section 287.058, Florida Statutes, 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.
Page 3 of 5 Item # 6
Attachment number 1
Page 4 of 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(LUMP SUM) 10/04
C. 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 shall be applicable at the time of the Project and the relocation of the Facilities
and except that the UAO and the FDOT may have entered into other agreements for work not included
in Exhibit A for Facilities located within the limits of the Project. Copies of FDOT manuals, policies, and
procedures will be provided to the UAO upon request.
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.
e. Time is of essence in the performance of all obligations under this Agreement.
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. Brian Langille, PE
Clearwater Gas System
400 Myrtle Avenue
Clearwater, Fl 33755
727-562-4911
If to the FDOT:
Ms. Sally Prescott ( District Utility Administrator)
Florida Department of Transmission VI I
11201 N. McKinley Drive, 7-820
Tampa, Fl 33612-6456
813-975-6151
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
® No changes have been made to this Form Document and no Appendix entitled "Changes to Form
Document" is attached.
? No changes have been made to this Form Document, but changes are included on the attached Appendix
entitled "Changes to Form Document."
Page 4 of 5 Item # 6
Attachment number 1
Page 5 of 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(LUMP SUM) 10/04
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written.
UTILITY: Clearwater Gas Systems, Inc.
BY: (Signature) 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) DATE:
(Typed Name: Scott W. Collister, P.E., CPCM)
(Typed Title: Director of Transportation Development)
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY
(Typed Name: )
(Typed Title: )
DATE:
Page 5 of 5 Item # 6
Attachment number 1
Page 6 of 6
APPENDIX
State of Florida Department of Transportation
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(Lump Sum)
CHANGES TO FORMS DOCUMENT
FPID: 256881-1-56-07
1. Page 6 of 6, following "IN WITNESS WHEREOF ...year first within."
Add the following signature blocks following the "Utility... (Typed Title)" blank:
Countersigned:
Frank Hibbard
Mayor
Approved as to form:
Laura Lipowski
Assistant City Attorney
City of Clearwater, Florida
By:
William B. Horne, II
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
Item # 6
Attachment number 2
Page 1 of 1
-j"4-- Vt
MIX MWII-52--toll*?
qm-
Attachment number 3
Page 1 of 1
RESOLUTION NO. 09-15
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
APPROVING THE EXECUTION OF A UTILITY WORK BY
HIGHWAY CONTRACTOR AGREEMENT WITH THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION
REGARDING RELOCATION OF NATURAL GAS MAINS FOR
THE IMPROVEMENT PROJECT FOR STATE ROAD (SR) 55
(US 19) FROM NORTH OF WHITNEY TO SOUTH OF
SEVILLE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation (FDOT) has a project
to widen/improve State Road 55 (US 19) from North of Whitney to South of Seville including
roadway, sidewalk, other improvements and utilities to include those existing Clearwater
Gas System facilities which conflict with the design; and
WHEREAS, The City of Clearwater Council originally approved this item under
Resolution 08-19 in the amount of $70,576, which has now increased by $93,809 due to
new construction designs mandated by the FDOT, resulting in a total cost for the project
relocation in the amount of $164,385; and
WHEREAS, under the Utility Work By Highway Contractor 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 COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City Council hereby accepts and approves the Utility Work By
Highway Contractor Agreement between the City and the State of Florida Department of
Transportation, identified as Utility Work By Highway Contractor Agreement, Financial
Project I D 256881-1-56-07, a copy of which is attached as Exhibit "A".
Section 2. The City Council hereby authorizes the Mayor and City Manager to sign
the Utility Work By Highway Contractor Agreement described in this resolution and
associated documents.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
Approved as to form:
Laura Mahony
Assistant City Attorney
day of '2009.
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Resolution No. O ltTgn 116
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/30/2009
Approve a Utility Work By Highway Contractor Agreement with the State of Florida's Department of Transportation to install natural
gas mains during improvement project, FPN: 256881-2-56-07/Pinellas County, SR55 (US 19) from South of Seville to North of SR 60,
at an estimated cost of $94,335, adopt Resolution 09-16 and authorize the appropriate officials to execute same.
SUMMARY:
The Florida Department of Transportation (FDOT) has a project to widen/improve SR55 (US 19) from South of Seville to North of SR
60 including roadway, sidewalk, other improvements, and utilities to include those existing Clearwater Gas facilities which conflict with
the design.
Council originally approved this item on August 21, 2008, in the amount of $39,427. We are asking for a $54,908 increase due to new
construction designs included in the roadway plans mandated by the FDOT.
Under the Utility Work By Highway Contractor Agreement (UWHCA), 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 315-96377- Pinellas New Mains and Service Lines.
Type:
Capital expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
94,335
94,335
10/1/08 to 9/30/09
Appropriation Code
315-96377
Amount
94,335
Budget Adjustment: None
Annual Operating Cost: 94,335
Total Cost: 94,335
Appropriation Comment
Pinellas New Mains and Service Lines
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 7
Attachment number 1
Page 1 of 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(LUMP SUM) 10/04
Financial Project ID: 256881-2-56-07 Federal Project ID: N/A
County: Pinellas State Road No.: 55
District Document No:
Utility Agency/Owner (UAO): Clearwater Gas Systems, Inc.
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 Systems, Inc., hereinafter referred to as the "UAO";
WITNESSETH:
WHEREAS, the UAO owns certain utility facilities which are located on the public road or publicly owned rail
corridor identified below, hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities
as the same may be relocated, adjusted, or placed out of service); and
WHEREAS, the FDOT, is currently engaging in a project which involves constructing, reconstructing, or
otherwise changing a public road and other improvements located on a public road or publicly owned rail corridor
identified as US 19 from S. of Seville to No of SR-60, State Road No. 55, hereinafter referred to as the "Project"; and
WHEREAS, the Project requires minor modifications to the Facilities or the FDOT's design more particularly
described in Exhibit A attached hereto and by this reference made a part hereof, hereinafter referred to as "Utility
Work," and full plans and technical specifications for the Utility Work are not required; and
WHEREAS, the FDOT will perform the Utility Work as part of the Project; and
WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the
Utility Work; and
WHEREAS, the FDOT and the UAO desire to enter into an agreement which establishes the terms and
conditions applicable to 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. Performance of Utility Work
a. The FDOT will include the Utility Work in its plans and specifications for the Project and will include
the Utility Work as part of the FDOT's construction of the Project. The preparation of the plans and
specifications and the construction of the Project will be performed in such manner as the FDOT, in
its discretion, deemed appropriate.
b. All location, protection, relocation, adjustment, or removal of the UAO's Facilities which is not listed in
Exhibit A shall be performed pursuant to a separate agreement.
2. Cost of Utility Work
a. The UAO will, at least fourteen (14) calendar days prior to the date on which the FDOT advertises the
Project for bids, pay the FDOT the amount of $ 94,335 for the cost of the Utility Work. Said amount
will be deposited into the State Transportation Trust Fund.
b. The FDOT and the UAO acknowledge and agree that the amount stated above includes an additional
ten percent (10%) to cover the UAO's obligation for the cost of the Utility Work as set forth in Section
337.403(1)(b), Florida Statutes.
Page 1 of 5 Item # 7
Attachment number 1
Page 2 of 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(LUMP SUM) 10/04
C. Except for costs associated with any changes or additions to the Utility Work, the FDOT and the UAO
agree that the deposit shall be an asset of the FDOT and that it constitutes a full and final lump sum
payment for the cost of the Utility Work, without any requirement for a subsequent accounting for the
use of the deposit.
Pursuant to Section 337.403(1)(b), Florida Statutes, no changes or additions to the Utility Workwill be
made during the construction of the Project unless the UAO has made an additional deposit to cover
the cost of the changes or additions. To the extent that the amount stated in Subparagraph 2.a. above
exceeds the amount of the FDOT contractor's bid that applies to the Utility Work, such excess may be
applied to cover the cost of the changes or additions. All changes or additions shall be subject to the
limitations on supplemental agreements and change orders contained in Section 337.11(8), Florida
Statutes.
3. 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:
(1) Terminate this Agreement if the breach is material and has not been cured within 60
days from written notice thereof from the FDOT.
(2) Pursue a claim for damages suffered by the FDOT.
(3) 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 60 days from written notice
thereof from FDOT until such time as the breach is cured.
(4) Pursue any other remedies legally available.
(5) 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 FDOT 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 60 days from
written notice thereof from the UAO.
(2) 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 and from any statutory obligations that either party may have with
regard to the subject matter hereof.
4. Indemnification
FOR GOVERNMENT-OWNED UTILITIES:
To the extent provided by law, 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
Page 2 of 5 Item # 7
Attachment number 1
Page 3 of 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(LUMP SUM) 10/04
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.
When the FDOT 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 FDOT will immediately forward the claim to the
UAO. The UAO and the FDOT 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 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 FDOT 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 FDOT 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.
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.
Force Majeure
Neither the UAO nor the FDOT 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 estimate duration, (b) promptly remedied or mitigated the effect of the
occurrence to the extent possible, and (c) resumed performance as soon as possible.
Miscellaneous
a. To the Facilities shall at all times remain the property of and be properly protected and maintained by
the UAO in accordance with the then current Utility Accommodation Manual and the current utility
permit for the Facilities.
b. Pursuant to Section 287.058, Florida Statutes, 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.
C. This Agreement constitutes the complete and final expression of the parties with respect to the subject
Page 3 of 5 Item # 7
Attachment number 1
Page 4 of 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(LUMP SUM) 10/04
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 shall be applicable at the time of the Project and the relocation of the Facilities
and except that the UAO and the FDOT may have entered into other agreements for work not included
in Exhibit A for Facilities located within the limits of the Project. Copies of FDOT manuals, policies, and
procedures will be provided to the UAO upon request.
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.
e. Time is of essence in the performance of all obligations under this Agreement.
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. Brian Langille
Clearwater Gas System.
400 Myrtle Avenue
Clearwater, Fl 33755
727-562-4911
If to the FDOT:
Ms. Sally Prescott ( District Utility Administrator)
Florida Department of Transmission VI I
11201 N. McKinley Drive, 7-820
Tampa, Fl 33612-6456
813-975-6151
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
® No changes have been made to this Form Document and no Appendix entitled "Changes to Form
Document" is attached.
? No changes have been made to this Form Document, but changes are included on the attached Appendix
entitled "Changes to Form Document."
Page 4 of 5 Item # 7
Attachment number 1
Page 5 of 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES
(LUMP SUM) 10/04
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written.
UTILITY: Clearwater Gas Systems, Inc.
BY: (Signature) 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) DATE:
(Typed Name: )
(Typed Title: )
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY
(Typed Name: )
(Typed Title: )
DATE:
Page 5 of 5 Item # 7
Attachment number 1
Page 6 of 6
APPENDIX
State of Florida Department of Transportation
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(Lump Sum)
CHANGES TO FORMS DOCUMENT
FPID: 256881-2-56-07
1. Page 6 of 6, following "IN WITNESS WHEREOF ...year first within."
Add the following signature blocks following the "Utility... (Typed Title)" blank:
Countersigned:
Frank Hibbard
Mayor
Approved as to form:
Laura Lipowski
Assistant City Attorney
City of Clearwater, Florida
By:
William B. Horne, II
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
Item # 7
Attachment number 2
Page 1 of 1
T Cwt E-5{'? ti#L
UA-
Attachment number 3
Page 1 of 2
RESOLUTION NO. 09-16
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
APPROVING THE EXECUTION OF A UTILITY WORK BY
HIGHWAY CONTRACTOR AGREEMENT WITH THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION
REGARDING RELOCATION OF NATURAL GAS MAINS FOR
THE IMPROVEMENT PROJECT FOR STATE ROAD (SR) 55
(US 19) FROM SOUTH OF SEVILLE TO NORTH OF SR 60;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation (FDOT) has a project
to widen/improve State Road 55 (US 19) from South of Seville to North of SR 60 including
roadway, sidewalk, other improvements and utilities to include those existing Clearwater
Gas System facilities which conflict with the design; and
WHEREAS, The City of Clearwater Council originally approved this item under
Resolution 08-19 in the amount of $39,427; and
WHEREAS, due to new construction designs mandated by the FDOT, the cost of the
relocation has increased by $54,908, resulting in an overall cost for the relocation project of
$94,335; and
WHEREAS, under the Utility Work By Highway Contractor 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 COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City Council hereby accepts and approves the Utility Work By
Highway Contractor Agreement between the City and the State of Florida Department of
Transportation, identified as Utility Work By Highway Contractor Agreement, Financial
Project ID 256881-2-56-07, a copy of which is attached as Exhibit "A".
Section 2. The City Council hereby authorizes the Mayor and City Manager to sign
the Utility Work By Highway Contractor Agreement described in this resolution and
associated documents.
Section 3. This resolution shall take effect immediately upon adoption.
Resolution No. 09tTW # 7
Attachment number 3
Page 2 of 2
PASSED AND ADOPTED this
Approved as to form:
Laura Mahony
Assistant City Attorney
day of '2009.
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Resolution Nlo. M
Work Session
Council Chambers - City Hall
Meeting Date:3/30/2009
SUBJECT / RECOMMENDATION:
Authorize the execution of a Joint Participation Agreement (JPA) between the City of Clearwater and the State of Florida Department of
Transportation (FDOT) for security items at the Clearwater Airpark and adopt Resolution 09-11.
SUMMARY:
The FDOT has agreed to provide 100% maximum funding to install new security fencing, cameras, digital recorders, card readers and
signage at the Clearwater Airpark in the amount of $166,799.00.
Upon execution of the JPA, a mid year budget amendment will establish capital project 315-94858, Airpark Security Improvements in
the amount of the $166,799.00.
Review 1) Office of Management and Budget 2) Marine and Aviation 3) Office of Management and
Approval: Budget 4) Legal 5) Clerk 6) Assistant City Manager ED 7) Clerk 8) City Manager 9) Clerk
Cover Memo
Item # 8
Attachment number 1
Page 1 of 1
RESOLUTION NO. 09-11
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA AUTHORIZING THE EXECUTION OF A JOINT
PARTICIPATION AGREEMENT BETWEEN THE CITY OF
CLEARWATER AND THE STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION, TO INSTALL
NEW SECURITY FENCING, CAMERAS, DIGITAL
RECORDERS, CARD READERS, AND SIGNAGE AT THE
CLEARWATER AIRPARK; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Florida Department of Transportation (FDOT) has agreed to
provide funding to install new security fencing, cameras, digital recorders, card readers,
and signage at the Clearwater Airpark under Joint Participation Agreement Financial
Project No.: 415770-1-94-01, Contract No.: APF54, a copy of which is attached hereto
as Exhibit "A"; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City Council hereby accepts and approves the Joint Participation
Agreement between the City and the State of Florida Department of Transportation,
Financial Project No.: 415770-1-94-01, Contract No.: APF54 at the Clearwater Airpark.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of
Approved as to form:
Camilo A. Soto
Assistant City Attorney
, 2009.
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Resolution NteKM44 8
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/30/2009
Approve a contract to Cairns Corporation of Tampa, Florida, for the renovation of the existing Fire Station 48 facilities in the amount of
$391,970.70, which is the lowest responsible bid in accordance with specifications, and authorize the appropriate officials to execute
same. (consent)
SUMMARY:
The current Clearwater Fire Station 48 facility was constructed in 1976 and was not constructed to accommodate a diverse workforce
and newer department requirements.
The project involves renovation to the existing 4,384 square foot fire station including demolition, interior renovations of Men's &
Women's restroom/showers; new kitchen; new dormitory rooms with lockers; new doors and windows; new ceiling; new HVAC
rooftop unit and ductwork, supplies, and returns; and complete plumbing and electrical renovations.
The Fire & Rescue Department will be responsible for the day-to-day facility operations, and the Building Maintenance Department
will be responsible for the facility maintenance.
Annual operating costs for the facility are anticipated to remain the same as the current facility.
The Construction period is 250 calendar days estimated to start in April 2009 and finishing in December 2009.
Sufficient budget is available in Capital Improvement Program project 0315-91252, Station 48 Renovation Expansion for the contract.
Type: Capital expenditure
Current Year Budget?: Yes
Budget Adjustment Comments:
See Summary
Current Year Cost: $391,970.70
Not to Exceed: $391,970.70
For Fiscal Year: 2009 to 2010
Appropriation Code Amount
0315-91252-563600-522- $391,970.70
000-0000
Budget Adjustment: None
Annual Operating Cost:
Total Cost: $391,970.70
Appropriation Comment
See Summary
Bid Required?: Yes Bid Number: 07-0052-FI
Other Bid / Contract: Bid Exceptions: None
Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manragtwr(Ork 7) City
Approval: Manager 8) Clerk
Item # 9
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Attachment number 3
Page 1 of 6
BOND NUMBER:
CONTRACT BOND
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
KNOW ALL MEN BY THESE PRESENTS: That we CAIRNS CORPORATION, Contractor
and DEVELOPERS SURETY AND INDEMNITY COMPANY (Surety) whose home address is
17780 FITCH, SUITE 200, IRVINE, CALIFORNIA 92623.
HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater,
Florida (hereinafter called the "Owner") in the penal sum of: THREE HUNDRED NINETY ONE
THOUSAND NINE HUNDRED SEVENTY DOLLARS AND 70 CENTS ($391,970.70) for the
payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for
the faithful performance of a certain written contract, dated the s day of
2009 , entered into between the Contractor and the City of Clearwater for:
FIRE STATION #48 RENOVATION 07-0052-FI
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 THIS OBLIGATION ARE SUCH, that if the
Contractor shall in all respects comply with the terms and conditions of said contract, including the
one-year guarantee of material and labor, and his obligations thereunder, including the 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 indemnify and save harmless
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 Contractor agents
or employees, in the execution or performance of said contract, including errors in the plans
furnished by the Contractor, 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 Contractor and
Surety jointly and severally agree to pay to the Owner any difference between the sum to which the
said Contractor 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.
Page 1 Item # 9
Attachment number 3
Page 2 of 6
CONTRACT BOND
(2)
And the said Contractor 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 performance of said work, or of the repair or maintenance
thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or
servants or the improper performance of the said work by the Contractor 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 Contractor 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 TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this
day of 2009.
CAIRNS CORPORATION
CONTRACTOR
By:
ATTEST:
WITNESS:
SURETY
By:
ATTORNEY-IN-FACT
COUNTERSIGNED:
Page 2 Item # 9
Attachment number 3
Page 3 of 6
CnNTR A CT
This CONTRACT made and entered into this day of , 2009 by and between the
City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and
CAIRNS CORPORATION of the City of TAMPA, County of HILLSBOROUGH and State of
FLORIDA hereinafter designated as the "Contractor".
WITNESSETH:
That the parties to this contract each in consideration of the undertakings, promises and agreements
on the part of the other herein contained, do hereby undertake, promise and agree as follows:
The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the
sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at
their own cost and expense perform all labor, furnish all materials, tools and equipment for the
following:
FIRE STATION #48 RENOVATION (07-0052-FI) IN THE AMOUNT OF:
THREE HUNDRED NINETY ONE THOUSAND NINE HUNDRED SEVENTY
DOLLARS AND 70 CENTS ($391,970.70)
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 HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY
AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE
BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES
ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF
THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES
TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR
DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY
CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE
CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS
OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED
CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES.
Page 3 Item # 9
Attachment number 3
Page 4 of 6
CONTRACT
(2)
In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements:
In connection with the performance of work under this contract, the Contractor agrees not to
discriminate against any employee or applicant for employment because of race, sex, religion, color, or
national origin. The aforesaid provision shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees
or applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of the non-discrimination clause.
The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including
contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for
standard commercial supplies or raw materials.
It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the
event that the work to be performed by the Contractor is not completed within the time stipulated
herein, it is then further agreed that the City may deduct from such sums or compensation as may be
due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the
Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per
day shall only and solely represent damages which the City has sustained by reason of the failure of
the Contractor to complete the work within the time stipulated, it being further agreed that this sum is
not to be construed as a penalty but is only to be construed as liquidated damages for failure of the
Contractor to complete and perform all work within the time period as specified in this contract.
It is further mutually agreed between the City and the Contractor that if, any time after the execution of
this contract and the surety bond which is attached hereto for the faithful performance of the terms and
conditions as contained herein by the Contractor, that the City shall at any time deem the surety or
sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to
be adequate in amount to cover the performance of the work the Contractor shall, at his or its own
expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional
bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the
City. If such an event occurs, no further payment shall be made to the Contractor under the terms and
provisions of this contract until such new or additional security bond guaranteeing the faithful
performance of the work under the terms hereof shall be completed and furnished to the City in a form
satisfactory to it.
Page 4 Item # 9
Attachment number 3
Page 5 of 6
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. Horne, II
City Manager
Countersigned:
By:
Frank Hibbard,
Mayor-Councilmember
(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).
Attest:
Cynthia E. Goudeau,
City Clerk
Approved as to form
(Seal)
Camilo Soto
Assistant City Attorney
(Contractor)
By: (SEAL)
Page 5 Item # 9
Attachment number 3
Page 6 of 6
CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT
(CORPORATION FORM)
STATE OF
COUNTY OF
On this day personally appeared before me, the undersigned authority, duly authorized to
administer oaths and take acknowledgments, who after being duly sworn,
deposes and says:
That he is the (TITLE) of CAIRNS
CORPORATION a Florida Corporation, with its principal place of business located at 5303 E.
LONGBOAT BOULEVARD, TAMPA, FLORIDA 33615 (herein, the "Contractor").
That the Contractor was the general contractor under a contract executed on the day of
2009, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as
Owner, and that the Contractor was to perform the construction of
FIRE STATION #48 RENOVATIONS (07-0052-FI)
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 described property.
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
full 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 as set forth in Chapter 713, Florida Statutes.
Sworn and subscribed to before me CAIRNS CORPORATION
AFFIANT
This day of , 2009
BY:
NOTARY PUBLIC
My Commission Expires: PRESIDENT
Page 6 Item # 9
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/30/2009
Approve the Utility Work by Highway Contractor Agreement with the State of Florida Department of Transportation (FDOT) in the
amount of $1,929,092.70 for the relocation of existing potable water, reclaimed water and sanitary sewer facilities impacted by the
FDOT's SR 55 (US 19) from north of Whitney Rd. to south of Seville Blvd. Project,adopt Resolution 09-13 and the appropriate officials
be authorized to execute same.
SUMMARY:
The Florida Department of Transportation (FDOT) has designed the roadway improvements of SR 55 (US 19) from north of
Whitney Rd. to south of Seville Blvd. Improvements will include an overpass at Belleair Rd. The project is due to go out to bid on June
1, 2009, and construction is currently scheduled to begin in September of 2009. This roadway improvement project will necessitate the
relocation or adjustment of the City's water, reclaimed water and sanitary sewer mains and appurtenances within the project limits. The
City of Clearwater's Engineering Department has coordinated the design for these utilities with FDOT representatives. FDOT will
receive bids for the combined roadway improvements and utility relocation work and make award of contract to the low bidder.
In recent weeks the FDOT has introduced temporary critical sheet walls as a means to protect the traveling public and property
owners during underground excavation for the roadway, drainage and utilities. These are currently being reviewed for locations and
necessity which may change the overall cost of construction.
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. The 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: 0376-96742-563800-533-000-0000 $1,073,995.70
Reclaimed Water LineRelocation: 0376-96739-563800-533-000-0000 $482,274.50
Sanitary Utility Relocation: 0376-96634-563800-535-000-0000 $372,822.50
Total: $1,929,092.70
Resolution 07-28 was passed on November 1, 2007, establishing the City's intent to reimburse certain Water and Sewer Utility
project costs incurred with future tax-exempt financing. The projects identified with 2009 revenue bonds as a funding source were
included in the project list associated with Resolution 07-28.
Sufficient budget for interim financing or funding with 2009 Water and Sewer Revenue Bond proceeds when issued is available
in projects 0376-96742, Line Relocation - Capitalized in the amount of $1,073,995.70, and 0376-96739 Reclaimed Water Distribution
System in the amount of $482,274.50 and 0376-96634, Sanitary Utility Relocation in the amount of $372,822.50 for a total of
$1,929,092.70 for this contract.
Type:
Capital expenditure
Current Year Budget?: Yes Budget Adjustment: None
Budget Adjustment Comments:
Cover Memo
Item # 10
Resolution 07-28 was passed on November 1, 2007, establishing the City's intent to reimburse certain Water
&amp;amp;amp;amp;amp; Sewer Utility project costs incurred with future tax-exempt financing. The projects identified with 2009
revenue bonds as a funding source were included in the project list associated with Resolution 07-28. • Sufficient budget for interim
financing or funding with 2009 Water and Sewer Revenue Bond proceeds when issued is available in projects 0376-96742, Line
Relocation - Capitalized in the amount of $1,073,995.70, and 0376-96739 Reclaimed Water Distribution System in the amount of
$482,274.50 and 0376-96634, Sanitary Utility Relocation in the amount of $372,822.50 for a total of $1,929,092.70 for this contract.
Current Year Cost: $1,929,092.70 Annual Operating Cost:
Not to Exceed: Total Cost: $1,929,092.70
For Fiscal Year: 2008 to 2009
Appropriation Code Amount Appropriation Comment
0376-96742-563800-533- $1,073,995.70 See Summary Section
000-0000
0376-96739-563800-533- $482,274.50 See Summary Section
000-0000
0376-96634-563800-535- $372,822.50 See Summary Section
000-0000
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 10
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Attachment number 2
Page 1 of 1
APPENDIX
State of Florida Department of Transportation
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
CHANGES TO FORMS DOCUMENT
FPID: 256881-1-56-01
1. Page 9 of 9, following "IN WITNESS WHEREOF... year first within."
Add the following signature blocks following the "Utility... (Typed Title)" blank:
Countersigned:
Frank Hibbard
Mayor
City of Clearwater, Florida
By:
William B. Horne, II
City Manager
Approved as to form:
Camilo Soto
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Item # 10
Attachment number 3
Page 1 of 2
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this __ , day of , 2009,
by and between the State of Florida, Department of Transportation, hereinafter referred to
as YDOT" and the State of Florida, Department of Financial Services, Division of Treasury
and ( City of Clearwater ) hereinafter referred to as the "Participant".
WITNESSETH
WHEREAS, "FDOT" is currently constructing the following project:
Financial Project Number: 256881-1-56-01
County: Pinellas
hereinafter referred to as the "Project".
NOTE: ONLY THE NEXT TWO PARAGRAPHS MAY BE MODIFIED AS APPROPRIATE
WITHOUT PRIOR APPROVAL OF FDOT'S COMPTROLLER.
WHEREAS, FDOT and the Participant entered into a Locally Funded Agreement
dated wherein DOT 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 $ One Million nine hundred and
twenty nine thousand and ninty two dollars will be made by the Participant into an interest
bearing escrow account established by the FDOT for the purposes of the project. Said
escrow account will be opened with the Department of Financial Services, Division of
Treasury, Bureau of Collateral Management 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.
Item # 10
Attachment number 3
Page 2 of 2
3. All deposits shall be made payable to the Department of Financial Services,
Revenue Processing and mailed to the FDOT Office of Comptroller for appropriate
processing at the following address:
Please wire funds to:
Department of Financial Services
c/o Bank of America315 S. Calhoun Street
Post Office Box 5257
Tallahassee, FL 32301
Bank Phone: (850) 561-1799
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 and/or her designees shall be the sole signatories on
the escrow account with the Department of Financial Services 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 Department of Financial Services agrees to provide written confirmation
of receipt of funds to the FDOT.
7. The Department of Financial Services further agrees to provide periodic
reports to the FDOT.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
COMPTROLLER
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF TREASURY
PARTICIPANT SIGNATURE
William B. Horne, II City Manager
PARTICIPANT NAME & TITLE
112 S. Osceola Avenue
PARTICIPANT ADDRESS
59-6000289
FEDERAL EMPLOYER I.D. NUMBE&m # 10
Attachment number 4
Page 1 of 2
RESOLUTION NO. 09-13
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE UTILITY WORK BY
HIGHWAY CONTRACTOR AGREEMENT WITH THE
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION FOR THE RELOCATION OF
EXISTING POTABLE WATER AND SANITARY SEWER
FACILITIES WITHIN THE S.R. 55 (US19) FROM NORTH
OF WHITNEY RD. TO SOUTH OF SEVILLE BLVD.
PROJECT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation, hereinafter
referred to as DOT, proposes to construct or improve SR 55 (US 19) from north of
Whitney Rd. to south of Seville Blvd., 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 COUNCIL 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 Council.
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 Ntte 9-#310
Attachment number 4
Page 2 of 2
PASSED AND ADOPTED this day of
Approved as to form:
Camilo Soto
Assistant City Attorney
2009.
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Resolution Nfte 9-#310
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Attachment number 5
Page 1 of 9
Form No. 710-010-22
UTILITIES
10/04
Financial Project ID: 256881-1-56-01 Federal Project ID:
County: Pinellas State Road No.: 55
District Document No:
Utility Agency/Owner (UAO): City of Clearwater
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 City of
Clearwater, 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 SR 55 (US 19) from north of Whitney Rd. to south of
Seville Blvd., State Road No.: 55, 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:
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 Schedule (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 Sept., year of 2008.
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
Page 1 of 9 Item # 10
Attachment number 5
Page 2 of 9
-010-22
E Form No. 710S
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITILITIE
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT 10/04
(AT UTILITY EXPENSE)
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.
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: Post Phase III Design. Priorto
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.
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 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.
The FDOT shall furnish the UAO such information from the FDOT's files as requested by the UAO;
however, the UAO shall at all times 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.
2.
I. 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: N/A. 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 provided separatly
(Note: It is the intent of this line to allow either attachment of or separate reference to the permit).
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
Page 2 of 9 Item # 10
Attachment number 5
Page 3 of 9
-010-22
E Form No. 710S
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITILITIE
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT 10/04
(AT UTILITY EXPENSE)
Project by the FDOT's contractor.
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.
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:
N/A 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.
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.
The UAO shall fully cooperate with the FDOT and the FDOT's contractor in all matters relating to the
performance of the Utility Work.
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.
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 $ 1,929,092.70. 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).
Page 3 of 9 Item # 10
Attachment number 5
Page 4 of 9
-010-22
E Form No. 710S
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITILITIE
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT 10/04
(AT UTILITY EXPENSE)
Payment of the funds pursuant to this paragraph will be made (choose one):
? directly to the FDOT for deposit into the State Transportation Trust Fund.
® as provided in the attached Memorandum of Agreement between UAO, FDOT and the
State of Florida, Department of Financial Services, Division of Treasury. Deposits of less
than $100,000.00 must be pre-approved by the Department of Financial Services and
FDOT Comptroller's Office prior to execution of this agreement.
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 FDOT 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 FDOT to pay the
additional amount, regardless of when the accepted bid is posted.
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 FDOT or his designee.
Should contract modifications occurthat 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 FDOT 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 FDOT 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.
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 FDOT 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 FDOT determines that the work is necessary, the
FDOT 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 FDOT 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 FDOT 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
Page 4 of 9 Item # 10
Attachment number 5
Page 5 of 9
-010-22
E Form No. 710S
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITILITIE
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT 10/04
(AT UTILITY EXPENSE)
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 FDOT to the UAO in accordance with Section 215.422, Florida Statutes. 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 55.03, Florida Statutes, on any invoice not
paid within the time specified in the preceding sentence until the invoice is paid.
4.
5.
Claims Against UAO
a. The UAO shall be responsible for all costs incurred as a result of any delay to the FDOT 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.
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.
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 the 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 FDOT 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
Page 6 of 9 Item # 10
Attachment number 5
Page 6 of 9
-010-22
E Form No. 710S
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITILITIE
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT 10/04
(AT UTILITY EXPENSE)
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.
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 FDOT's own negligence; however, it is the intent that
all other costs and expenses of any nature be the responsibility of the UAO.
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:
(1) 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 FDOT.
(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.
(4) If the Utility Work is reimbursable under this Agreement, offset any damages suffered bythe
FDOT 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 FDOT.
(6) Pursue any other remedies legally available.
(7) Perform any work with its own forces or through contractors and seek repayment forthe cost
thereof under Section 337.403(3), Florida Statutes.
b. In the event that the FDOT 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 UAO may have for failure to pay invoices.
Page 6 of 9 Item # 10
Attachment number 5
Page 7 of 9
-010-22
E Form No. 710S
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITILITIE
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT 10/04
(AT UTILITY EXPENSE)
(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.
Force Majeure
Neither the UAO nor the FDOT 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 estimate duration, (b) promptly remedied or mitigated the
effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible.
Indemnification
FOR GOVERNMENT-OWNED UTILITIES,
To the extent provided by law, 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.
When the FDOT 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 FDOT will immediately forward the claim to the
UAO. The UAO and the FDOT 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 FDOT
will determine whether to require the participation of the UAO in the defense of the claim orto require the UAO
to defend the FDOT 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 FDOT 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.
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 neitherthe UAO, its agents, employees, or contractors will be liable underthis 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
Item # 10
Page 7 of 9
Attachment number 5
Page 8 of 9
-010-22
E Form No. 710S
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITILITIE
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT 10/04
(AT UTILITY EXPENSE)
UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication of 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.
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
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.
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. Michael D. Quillen, P.E., City Engineer
City of Clearwater
100 S. Myrtle Avenue, Suite 220
Clearwater. Fl. 33756
If to the FDOT:
Ms. Sally Prescott (District Utility Administrator
Florida Department of Transportatiojn VII
11201 N. McKinley Drive, 7-820
Tampa, Fl. 33612-6456
10. e i ica ion
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.
Page 8 of 9 Item # 10
Attachment number 5
Page 9 of 9
-010-22
E Form No. 710S
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITILITIE
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT 10/04
(AT UTILITY EXPENSE)
You MUST signify by selecting or checking which of the following applies:
? No changes have been made to this Form Document and no Appendix entitled "Changes to Form
Document" is attached.
® No changes have been made to this Form Document, but changes are included on the attached Appendix
entitled "Changes to Form Document."
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written.
UTILITY: City of Clearwater
BY:(Signature) DATE:
(Typed Name: SEE APPENDIX)
(Typed Title: )
Recommend Approval by the District Utility Office
BY: (Signature)
FDOT Legal review
BY: (Signature)
District Counsel
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (Signature)
(Typed Name: Scott W. Collister, RE. CPCM)
DATE:
DATE:
DATE:
(Typed Title: Director of Transportation Development)
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY
(Typed Name: )
(Typed Title: )
DATE:
Page 9 of 9 Item # 10
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/30/2009
Approve the Utility Work by Highway Contractor Agreement with the State of Florida Department of Transportation (FDOT) in the
amount of $2,084,622.90 for the relocation of existing potable water, reclaimed water and sanitary sewer facilities impacted by the
FDOT's SR 55 (US 19) from south of Seville Boulevard to north of SR 60 Project, adopt Resolution 09-14 and the appropriate officials
be authorized to execute same.
SUMMARY:
The Florida Department of Transportation (FDOT) has designed the roadway improvements of SR 55 (US 19) from south of
Seville Blvd. north of SR 60. Improvements will include an overpass at Seville Blvd. The project is due to go out to bid on June 1,
2009, and construction is currently scheduled to begin in September of 2009. This roadway improvement project will necessitate the
relocation or adjustment of the City's water, reclaimed water and sanitary sewer mains and appurtenances within the project limits. The
City of Clearwater's Engineering Department has coordinated the design for these utilities with FDOT representatives. FDOT will
receive bids for the combined roadway improvements and utility relocation work and make award of contract to the low bidder.
In recent weeks the FDOT has introduced temporary critical sheet walls as a means to protect the traveling public and property
owners during underground excavation for the roadway, drainage and utilities. These are currently being reviewed for locations and
necessity which may change the overall cost of construction.
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. The 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: 0327-96742-563800-533-000-0000 $1,372,394.15
Reclaimed Water LineRelocation: 0376-96739-563800-533-000-0000 $338,120.00
Sanitary Utility Relocation: 0376-96634-563800-535-000-0000 $374,108.75
Total: $2,084,622.90
• Resolution 07-28 was passed on November 1, 2007, establishing the City's intent to reimburse certain Water & Sewer Utility
project costs incurred with future tax-exempt financing. The projects identified with 2009 revenue bonds as a funding source
were included in the project list associated with Resolution 07-28.
Sufficient budget for interim financing or funding with 2009 Water and Sewer Revenue Bond proceeds when issued is available
in projects 0376-96739 Reclaimed Water Distribution System in the amount of $338,120.00 and 0376-96634, Sanitary Utility
Relocation in the amount of $374,108.75. Sufficient budget and Utility R & R revenue are available in 0327-96742, Line Relocation -
Capitalized in the amount of $1,372,394.15.
Type:
Capital expenditure
Current Year Budget?: Yes Budget Adjustment: None
Budget Adjustment Comments:
Cover Memo
Resolution 07-28 was passed on November 1, 2007, establishing the City's intent to reimburse certain Water Item # 11
&amp;amp;amp;amp;amp;amp; Sewer Utility project costs incurred with future tax-exempt financing. The projects identified with
2009 revenue bonds as a funding source were included in the project list associated with Resolution 07-28. • Sufficient budget for
interim financing or funding with 2009 Water and Sewer Revenue Bond proceeds when issued is available in projects 0376-96739
Reclaimed Water Distribution System in the amount of $338,120.00 and 0376-96634, Sanitary Utility Relocation in the amount of
$374,108.75. Sufficient budget and Utility R & amp; amp;amp;amp;amp;amp; R revenue are available in 0327-96742, Line
Relocation - Capitalized in the amount of $1,372,394.15.
Current Year Cost: $2,084,622.90 Annual Operating Cost:
Not to Exceed: Total Cost: $2,084,622.90
For Fiscal Year: 2008 to 2009
Appropriation Code Amount Appropriation Comment
0327-96742-563800-533- $1,372,394.15 See Summary Section
000-0000
0376-96739-563800-533- $338,120.00 See Summary Section
000-0000
0376-96634-563800-535- $374,108.75 See Summary Section
000-0000
Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk
Cover Memo
Item # 11
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Attachment number 2
Page 1 of 1
APPENDIX
State of Florida Department of Transportation
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
CHANGES TO FORMS DOCUMENT
FPID: 256881-2-56-01
1. Page 9 of 9, following "IN WITNESS WHEREOF... year first within."
Add the following signature blocks following the "Utility... (Typed Title)" blank:
Countersigned:
Frank Hibbard
Mayor
City of Clearwater, Florida
By:
William B. Horne, II
City Manager
Approved as to form:
Camilo Soto
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Item # 11
Attachment number 3
Page 1 of 2
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this __ , day of , 2009,
by and between the State of Florida, Department of Transportation, hereinafter referred to
as YDOT" and the State of Florida, Department of Financial Services, Division of Treasury
and ( City of Clearwater ) hereinafter referred to as the "Participant".
WITNESSETH
WHEREAS, "FDOT" is currently constructing the following project:
Financial Project Number: 256881-2-56-01
County: Pinellas
hereinafter referred to as the "Project".
NOTE: ONLY THE NEXT TWO PARAGRAPHS MAY BE MODIFIED AS APPROPRIATE
WITHOUT PRIOR APPROVAL OF FDOT'S COMPTROLLER.
WHEREAS, FDOT and the Participant entered into a Locally Funded Agreement
dated wherein DOT 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 $ Two Million eighty four thousand
six hundred and twenty two dollars will be made by the Participant into an interest
bearing escrow account established by the FDOT for the purposes of the project. Said
escrow account will be opened with the Department of Financial Services, Division of
Treasury, Bureau of Collateral Management 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.
Item # 11
Attachment number 3
Page 2 of 2
3. All deposits shall be made payable to the Department of Financial Services,
Revenue Processing and mailed to the FDOT Office of Comptroller for appropriate
processing at the following address:
Please wire funds to:
Department of Financial Services
c/o Bank of America315 S. Calhoun Street
Post Office Box 5257
Tallahassee, FL 32301
Bank Phone: (850) 561-1799
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 and/or her designees shall be the sole signatories on
the escrow account with the Department of Financial Services 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 Department of Financial Services agrees to provide written confirmation
of receipt of funds to the FDOT.
7. The Department of Financial Services further agrees to provide periodic
reports to the FDOT.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
COMPTROLLER
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF TREASURY
PARTICIPANT SIGNATURE
William B. Horne, II City Manager
PARTICIPANT NAME & TITLE
112 S. Osceola Avenue
PARTICIPANT ADDRESS
59-6000289
FEDERAL EMPLOYER I.D. NUMBE&m # 11
Attachment number 4
Page 1 of 2
RESOLUTION NO. 09-14
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE UTILITY WORK BY
HIGHWAY CONTRACTOR AGREEMENT WITH THE
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION FOR THE RELOCATION OF
EXISTING POTABLE WATER AND SANITARY SEWER
FACILITIES WITHIN THE S.R. 55 (US19) FROM SOUTH
OF SEVILLE BLVD. TO NORTH OF SR 60 PROJECT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida Department of Transportation, hereinafter
referred to as DOT, proposes to construct or improve SR 55 (US 19) from south of
Seville Blvd. to north of SR 60, 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 COUNCIL 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 Council.
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 Nde(di-#411
Attachment number 4
Page 2 of 2
PASSED AND ADOPTED this day of
Approved as to form:
Camilo Soto
Assistant City Attorney
2009.
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
2
Resolution Nde(di-#411
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Attachment number 5
Page 1 of 9
Form No. 710-010-22
UTILITIES
10/04
Financial Project ID: 256881-2-56-01 Federal Project ID:
County: Pinellas State Road No.: 55
District Document No:
Utility Agency/Owner (UAO): City of Clearwater
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 City of
Clearwater, 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 SR 55 (US 19) from south of Seville Blvd. to north of SR
60, State Road No.: 55, 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:
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 Schedule (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 Sept., year of 2008.
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
Page 1 of 9 Item # 11
Attachment number 5
Page 2 of 9
-010-22
E Form No. 710S
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITILITIE
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT 10/04
(AT UTILITY EXPENSE)
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.
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: Post Phase III Design. Priorto
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.
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 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.
The FDOT shall furnish the UAO such information from the FDOT's files as requested by the UAO;
however, the UAO shall at all times 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.
2.
I. 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: N/A. 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 provided separatly
(Note: It is the intent of this line to allow either attachment of or separate reference to the permit).
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
Page 2 of 9 Item # 11
Attachment number 5
Page 3 of 9
-010-22
E Form No. 710S
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITILITIE
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT 10/04
(AT UTILITY EXPENSE)
Project by the FDOT's contractor.
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.
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:
N/A 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.
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.
The UAO shall fully cooperate with the FDOT and the FDOT's contractor in all matters relating to the
performance of the Utility Work.
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.
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 $ 2,084,622.90. 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).
Page 3 of 9 Item # 11
Attachment number 5
Page 4 of 9
-010-22
E Form No. 710S
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITILITIE
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT 10/04
(AT UTILITY EXPENSE)
Payment of the funds pursuant to this paragraph will be made (choose one):
? directly to the FDOT for deposit into the State Transportation Trust Fund.
® as provided in the attached Memorandum of Agreement between UAO, FDOT and the
State of Florida, Department of Financial Services, Division of Treasury. Deposits of less
than $100,000.00 must be pre-approved by the Department of Financial Services and
FDOT Comptroller's Office prior to execution of this agreement.
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 FDOT 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 FDOT to pay the
additional amount, regardless of when the accepted bid is posted.
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 FDOT or his designee.
Should contract modifications occurthat 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 FDOT 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 FDOT 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.
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 FDOT 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 FDOT determines that the work is necessary, the
FDOT 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 FDOT 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 FDOT 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
Page 4 of 9 Item # 11
Attachment number 5
Page 5 of 9
-010-22
E Form No. 710S
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITILITIE
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT 10/04
(AT UTILITY EXPENSE)
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 FDOT to the UAO in accordance with Section 215.422, Florida Statutes. 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 55.03, Florida Statutes, on any invoice not
paid within the time specified in the preceding sentence until the invoice is paid.
4.
5.
Claims Against UAO
a. The UAO shall be responsible for all costs incurred as a result of any delay to the FDOT 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.
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.
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 the 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 FDOT 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
Page 6 of 9 Item # 11
Attachment number 5
Page 6 of 9
-010-22
E Form No. 710S
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITILITIE
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT 10/04
(AT UTILITY EXPENSE)
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.
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 FDOT's own negligence; however, it is the intent that
all other costs and expenses of any nature be the responsibility of the UAO.
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:
(1) 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 FDOT.
(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.
(4) If the Utility Work is reimbursable under this Agreement, offset any damages suffered bythe
FDOT 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 FDOT.
(6) Pursue any other remedies legally available.
(7) Perform any work with its own forces or through contractors and seek repayment forthe cost
thereof under Section 337.403(3), Florida Statutes.
b. In the event that the FDOT 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 UAO may have for failure to pay invoices.
Page 6 of 9 Item # 11
Attachment number 5
Page 7 of 9
-010-22
E Form No. 710S
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITILITIE
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT 10/04
(AT UTILITY EXPENSE)
(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.
Force Majeure
Neither the UAO nor the FDOT 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 estimate duration, (b) promptly remedied or mitigated the
effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible.
Indemnification
FOR GOVERNMENT-OWNED UTILITIES,
To the extent provided by law, 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.
When the FDOT 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 FDOT will immediately forward the claim to the
UAO. The UAO and the FDOT 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 FDOT
will determine whether to require the participation of the UAO in the defense of the claim orto require the UAO
to defend the FDOT 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 FDOT 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.
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 neitherthe UAO, its agents, employees, or contractors will be liable underthis 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
Item # 11
Page 7 of 9
Attachment number 5
Page 8 of 9
-010-22
E Form No. 710S
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITILITIE
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT 10/04
(AT UTILITY EXPENSE)
UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication of 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.
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
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.
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. Michael D. Quillen, P.E., City Engineer
City of Clearwater
100 S. Myrtle Avenue, Suite 220
Clearwater. Fl. 33756
If to the FDOT:
Ms. Sally Prescott (District Utility Administrator
Florida Department of Transportatiojn VII
11201 N. McKinley Drive, 7-820
Tampa, Fl. 33612-6456
10. e i ica ion
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.
Page 8 of 9 Item # 11
Attachment number 5
Page 9 of 9
-010-22
E Form No. 710S
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITILITIE
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT 10/04
(AT UTILITY EXPENSE)
You MUST signify by selecting or checking which of the following applies:
? No changes have been made to this Form Document and no Appendix entitled "Changes to Form
Document" is attached.
® No changes have been made to this Form Document, but changes are included on the attached Appendix
entitled "Changes to Form Document."
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written.
UTILITY: City of Clearwater
BY:(Signature) DATE:
(Typed Name: SEE APPENDIX)
(Typed Title: )
Recommend Approval by the District Utility Office
BY: (Signature)
FDOT Legal review
BY: (Signature)
District Counsel
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (Signature)
(Typed Name: Scott W. Collister, RE. CPCM)
DATE:
DATE:
DATE:
(Typed Title: Director of Transportation Development)
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY
(Typed Name: )
(Typed Title: )
DATE:
Page 9 of 9 Item # 11
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Appoint two members to the Airpark Advisory Board with term(s)to expire April 30, 2013.
SUMMARY:
APPOINTMENT WORKSHEET
BOARD: Airpark Advisory Board
TERM: 4 Years
APPOINTED BY: City Council
FINANCIAL DISCLOSURE: Not required
RESIDENCY REQUIREMENT: City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 5
CHAIRPERSON: Dennis G. Roper
MEETING DATES: 1st Wed., 3 pm
PLACE: Chambers
APPOINTMENTS NEEDED: 2
Meeting Date:3/30/2009
THE FOLLOWING ADVISORY BOARD MEMBER(S) SEAT(S) NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW
TERM OR REPLACEMENT BY A NEW APPOINTEE.
1. Dennis G. Roper - 2745 Enterprise Rd. E., #25, 33759 - Aviation Writer & Maintenance Tech A&P
Original Appointment: 04/07/05
(0 Absences in last year)
Interest in reappointment: Yes (I't term expires 04/30/2009)
2. David Spaulding - 836 Island Way, 33767 - Boat & Airplane Capt.
Original Appointment: 04/07/05
Interest in reappointment: No (I't term expires 04/30/09)
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES:
1. Edward O'Brien, Jr. - 3376 Ferncliff Lane, 33761 - College Professor
(Completed 2nd term on the MAB recently - Interested to serve on the Airpark)
Zip codes of current members on board:
2 at 33759
2 at 33765
1 at 33767
Review Approval: 1) Clerk
Cover Memo
Item # 12
Attachment number 1
Page 1 of 2
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: Dennis G Roper
Home Address:
2745 Enterprise Rd. E. #25
Clearwater, FL Zip 33759
Telephone: 727-441-1330
Cell Phone: 727-452-5271
Office Address:
1000 N. Hercules Ave. # A-3
Clearwater, FL Zip 33765
Telephone: 727-441-1330
E-mail Address: mailto:skywatch(aD-verizon.net
How long a resident of Clearwater? 28 years
Occupation: Aviation writer and Maintenance Technician A&P
Employer: SkMatch Traffic, Inc.
Field of Education:
BA Journalisum AA Aviation Maintenance
Other Work Experience:
Retired broadcast journalist
Public Relations for municipal government
If retired, former occupation: Public Relations for municipal government
Community Activities: Airpark Authority and Airpark Advisory Board, 12 years. Pinellas
County Public Access Board 4 years.
Other Interests:
Board Service (current and past):
Airpark Advisory Board (chair)
Board Preference:
Airpark Advisory Board
Additional Comments:
t?--
Signed: Date: 2/24/09
See attached list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department,
P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112
S. Osceola Avenue.
k
i
FEB 2 5 200 Item # 12
dflilC(A?-AECORDSFtN.b u
LEGISLATIVE SRVCS DEPT
Attachment number 1
Page 2 of 2
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
The Airpark Advisory Board is charged with evaluating current and future needs of the
Clearwater Airpart and make recommendations to the City Council that will insure the log term
flexability and financial viability of a veryymportant Enterprise fund.
2. Have you ever observed a board meeting either in person or on C-View, the City's TV station?
Many since 1999
3. What background and/or qualifications do you have that you feel would qualify you to serve on
this Board?
I have been involved in Aviation for more than 40 years. This includes running aviation
related businesses and airport management.
4. Why do you want to serve on this Board?
To make sure a valuable city asset and landmark is best used to serve the entire community and
be there in time of emergency to assist with evacuations, emergency supply and transportation.
We can also do more to make sure Clearwater Airpark continues to be a destination for tourists
from around the world.
Name:
Board Name: Airpark Advisory Board
Item # 12
Attachment number 2
y Page 1 of 2
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BIB °l[VED
(must be Clearwater resident)
Name: T, D 0 f ,,'_
Home Address:
3 37?10 I--? ? ".
C Zip 3 376 1
Telephone: Z 7-'S--Z V
Cell Phone: ?2 z 1t v- a
How long a resident of Clearwater?
r
Occupation:
Field of?Education: az
- 5
C2 E 4/
v r (,
If retired, former occupation:
Other Interests:
Additional Comments:
DEC 13 2007
Office Address: OFfrclALMORDs AND
!FG WA-QVFsRvcs DEPr
Zi
Telephone:
E-mail Address: <fC?) ( r , -z , Z,-l reU
Employer:
Other Work Experience:
I
Signed: Date: (2 > 1 G
See attached list for boards that require financial disclosure at time of appointment. Please return
this application and board questionnaire to the Official Records & Legislative Services Department,
P. O. Box 4748, Clearwater, FL 33758-4748, or drop off your application at City Hall, 2nd Floor, 112
S. Osceola Avenue.
Item # 12
Board Service (current and past): Board Preference:
2iut'?? /?? (j? ;
t
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
C'i /i? l iN L a /.eLe f /mss. ww vV7 ?K?? C.J%?LN-f
Attachment number 2
Page 2 of 2
2. Have you ever observed a board meeting either in person or on C-View, the City's
T station?
QA?-k L,
4. Why do youpant to serve on this Board?
Name:???? ? L s ?--
Board Name: A y Item # 12
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
?C?l a+ jtt _ - I t? . i Cr-,6' ..cc :,cit.cC.•. ,..-?,.?C>.?'et-c.G4.-? - W+-''"? ?`''
Work Session
Council Chambers - City Hall
Meeting Date:3/30/2009
SUBJECT / RECOMMENDATION:
Appointment of Vice Mayor
SUMMARY:
Section 2.05 of the City Charter states: "At the first meeting each April, the council shall elect one of its members as vice-mayor. The
vice-mayor shall act as mayor during the temporary absence or inability of the mayor to perform the duties of the officie of the mayor."
Councilmember Cretekos is currently serving as vice-mayor. While not required by code or policy, it has been the practice of the
Council to rotate this appointment among the members.
Review Approval: 1) Clerk
Cover Memo
Item # 13
Work Session
Council Chambers - City Hall
Meeting Date:3/30/2009
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8039-09 on second reading, amending Section 33.028, Code of Ordinances, to allow the City Manager to adjust vessel
slip rent increases or decreases up to ten percent annually.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 14
Attachment number 1
Page 1 of 1
ORDINANCE NO. 8039-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING CHAPTER 33, SECTION 33.028, CODE OF
ORDINANCES, TO ALLOW THE CITY MANAGER TO ADJUST
VESSEL SLIP RENT INCREASES OR DECREASES UP TO TEN
PERCENT ANNUALLY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the need has arisen for Chapter 33, Section 33.028, Code of
Ordinances to be amended to allow the City Manager to authorize adjustment of the
vessel slip rental increases or decreases; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Chapter 33, Section 33.028, Code of Ordinances is amended to read:
Sec. 33.028. Rental charges.
The city manager shall establish charges for the use of boat slips and docking spaces, which
charges shall be uniform as to type of space or services to be furnished, shall be established
in writing, shall be posted at the marina building on Clearwater Beach, and shall be effective
72 hours after written notice of a change thereof has been so posted. The city manager is
authorized to a eve adjust vessel slip rent increases or decreases up to ten percent
annually, based on surveys of rates charged by other municipal and local area marinas.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Camilo A. Soto
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Item # 14
Ordinance No. 8039-09
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/30/2009
Adopt Ordinance 8045-09 on second reading, amending the Operating Budget for the Fiscal Year ending September 30, 2009, to reflect
increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund,
Stormwater Utility Fund, Solid Waste Fund, Recycling Fund, Gas Fund, Marine Fund, Airpark Fund, Parking Fund, and Central
Insurance Fund.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 15
Attachment number 1
Page 1 of 1
ORDINANCE NO. 8045-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE OPERATING BUDGET FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2009 TO REFLECT
INCREASES AND DECREASES IN REVENUES AND
EXPENDITURES FOR THE GENERAL FUND, SPECIAL
DEVELOPMENT FUND, SPECIAL PROGRAM FUND,
STORMWATER UTILITY FUND, SOLID WASTE FUND,
RECYCLING FUND, GAS FUND, MARINE FUND, AIRPARK
FUND, PARKING FUND, AND CENTRAL INSURANCE FUND,
AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the budget for the fiscal year ending September 30, 2009, for operating
purposes, including debt service, was adopted by Ordinance No. 8005-08; and
WHEREAS, at the First Quarter Review it was found that increases and decreases are
necessary in the total amount of $7,188,744 for revenues and $7,283,508 for expenditures;
and
WHEREAS, a summary of the amended revenues and expenditures is attached
hereto and marked Exhibit A; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council to
provide for the expenditure of money for proper purposes not contained in the budget as
originally adopted due to unforeseen circumstances or emergencies arising during the fiscal
year; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 1 of Ordinance No. 8005-08 is amended to read:
Pursuant to the Amended City Manager's Annual Report and Estimate for the
fiscal year beginning October 1, 2008 and ending September 30, 2009 a copy
of which is on file with the City Clerk, the City Council hereby adopts an
amended budget for the operation of the City, a copy of which is attached
hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Frank Hibbard, Mayor
Attest:
Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk
Item # 15
Ordinance No. 8045-09
Attachment number 2
Page 1 of 2
EXHIBIT A
2008-09 BUDGET REVENUE
Original
Budget
2008/09 First
Quarter
Amended
Budget
2008/09
mendments
General Fund:
Property Taxes 43,461,390 43,461,390 0
Franchise Fees 9,819,270 9,819,270 0
Utility Taxes 12,030,350 12,030,350 0
Licenses, Permits & Fees 4,242,500 4,242,500 0
Sales Tax 5,800,000 5,800,000 0
Communications Services Tax 6,286,500 6,286,500 0
Intergovernmental Revenues 12,357,120 12,357,120 0
Charges for Current Services 4,151,420 4,236,864 85,444
Fines & Forfeitures 902,300 902,300 0
Interest Income 1,364,000 1,364,000 0
Miscellaneous 939,950 943,839 3,889
Interfund Charges / Transfers In 17,445,130 17,888,364 443,234
Transfer from Surplus 2,300,000 2,518,546 218,546
Total, General Fund 121,099,930 121,851,043 751,113
Special Revenue Funds:
Special Development Fund 16,038,440 18,874,767 2,836,327
Special Program Fund 1,364,210 2,834,342 1,470,132
Local Housing Asst Trust Fund 995,680 995,680 0
Utility & Other Enterprise Funds:
Water & Sewer Fund 60,609,860 60,609,860 0
Stormwater Utility Fund 13,800,460 13,825,878 25,418
Solid Waste Fund 18,751,250 18,704,250 (47,000)
Gas Fund 45,228,140 45,286,710 58,570
Recycling Fund 3,210,950 3,027,089 (183,861)
Marine Fund 5,351,090 5,148,090 (203,000)
Airpark Fund 242,000 239,000 (3,000)
Parking Fund 4,823,470 5,384,590 561,120
Harborview Center Fund 725,170 725,170 0
Internal Service Funds:
Administrative Services Fund 9,714,930 9,714,930 0
General Services Fund 5,247,910 5,247,910 0
Garage Fund 13,853,580 13,853,580 0
Central Insurance Fund 20,069,910 21,992,835 1,922,925
Total, All Funds 341,126,980 348,315,724 7,188,744
Ordinance #8045-09
Item # 15
Attachment number 2
Page 2 of 2
EXHIBIT A (Continued)
2008-09 BUDGET EXPENDITURES
Original
Budget
2008/09 First
Quarter
Amended
Budget
2008/09
mendments
General Fund:
City Council 288,390 288,166 (224)
City Manager's Office 1,166,210 1,150,010 (16,200)
City Attorney's Office 1,688,790 1,667,759 (21,031)
City Auditor's Office 175,520 173,417 (2,103)
Development & Neighborhood Svcs 4,109,720 4,091,585 (18,135)
Economic Development & Housing Svc 1,389,940 1,382,084 (7,856)
Engineering 7,283,880 7,258,453 (25,427)
Equity Services 284,010 279,539 (4,471)
Finance 2,265,030 2,242,631 (22,399)
Fire 21,258,430 21,495,414 236,984
Human Resources 1,212,180 1,204,602 (7,578)
Library 6,065,270 6,048,708 (16,562)
Marine & Aviation 1,248,600 1,239,348 (9,252)
Non-Departmental 7,048,000 7,846,418 798,418
Office of Management & Budget 297,690 294,337 (3,353)
Official Records & Legislative Svcs 1,180,430 1,173,801 (6,629)
Parks & Recreation 21,123, 800 21,152, 322 28,522
Planning 1,429,290 1,418,617 (10,673)
Police 36,949,610 36,832,223 (117,387)
Public Communications 1,088,580 1,079,313 (9,267)
Public Services 3,546,560 3,532,296 (14,264)
Allocation to Reserve 0 0 0
Total, General Fund 121,099,930 121,851,043 751,113
Special Revenue Funds:
Special Development Fund 13,380,180 16,747,180 3,367,000
Special Program Fund 1,084,210 2,554,342 1,470,132
Local Housing Asst Trust Fund 995,680 995,680 0
Utility & Other Enterprise Funds:
Water & Sewer Fund 60,609,860 60,609,860 0
Stormwater Utility Fund 13,800,460 13,825,878 25,418
Solid Waste Fund 18,735,750 18,688,750 (47,000)
Gas Fund 38,534,500 38,534,500 0
Recycling Fund 3,210,940 3,026,940 (184,000)
Marine Fund 5,348,430 5,052,230 (296,200)
Airpark Fund 206,310 201,010 (5,300)
Parking Fund 3,963,380 4,242,800 279,420
Harborview Center Fund 725,170 725,170 0
Internal Service Funds:
Administrative Services Fund 9,693,080 9,693,080 0
General Services Fund 5,247,910 5,247,910 0
Garage Fund 13,853,580 13,853,580 0
Central Insurance Fund 18,714,690 20,637,615 1,922,925
Total, All Funds 329,204,060 336,487,568 7,283,508
Ordinance #8045-09
Item # 15
Work Session
Council Chambers - City Hall
Meeting Date:3/30/2009
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8046-09 on second reading, amending the Capital Improvement Budget for the Fiscal Year ending September 30,
2009, to reflect a net increase of $2,195,309.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 16
Attachment number 1
Page 1 of 1
ORDINANCE NO. 8046-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE CAPITAL IMPROVEMENT
BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 2009, TO REFLECT A NET INCREASE OF $2,195,309,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Capital Improvement Budget for the fiscal year ending
September 30, 2009 was adopted by Ordinance No. 8006-08; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Council
to provide for the expenditure of money for proper purposes not contained in the budget
as originally adopted due to unforeseen circumstances or emergencies arising during the
fiscal year; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA;
Section 1. Section 1 of Ordinance No. 8006-08 is amended to read:
Pursuant to the First Quarter Amended Capital Improvement Program
Report and Estimated Budget for the fiscal year beginning October 1,
2008 and ending September 30, 2009, a copy of which is on file with the
City Clerk, the City Council hereby adopts a First Quarter Amended
budget for the capital improvement fund for the City of Clearwater, a copy
of which is attached hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Pamela K. Akin
City Attorney
Frank Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance 4b%rA_0916
Attachment number 2
Page 1 of 3
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2008/09
Original
Budget
2008/09 First Qtr
Amended
Budget
2008/09
mendments
Police Protection 250,000 250,000 -
Fire Protection 473,000 488,407 15,407
New Street Construction 1,250,000 1,250,000 -
Major Street Maintenance 4,082,150 5,526,963 1,444,813
Sidewalks and Bike Trail - (569,191) (569,191)
Intersections 435,000 440,070 5,070
Parking 225,000 225,000 -
Miscellaneous Engineering 115,000 115,000 -
Park Development 2,110,500 3,423,437 1,312,937
Marine Facilities 405,000 175,000 (230,000)
Airpark Facilities 10,000 10,000
Libraries 694,480 694,480
Garage 2,815,820 2,815,820
Maintenance of Buildings 2,593,300 2,350,800 (242,500)
Miscellaneous 945,000 945,000
Stormwater Utility 3,960,000 3,991,315 31,315
Gas System 1,645,000 1,654,000 9,000
Solid Waste 510,000 510,000
Utilities Miscellaneous 26,000 26,000
Sewer System 8,326,790 8,363,267 36,477
Water System 14, 720,180 15,102,161 381,981
Recycling 160,000 160,000
TOTAL 45,752,220 47,947,529 2,195,309
Item # 16
Ordinance # 8046-09
Attachment number 2
Page 2 of 3
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2008/09
Original
Budget
2008/09 First Qtr
Amended
Budget
2008/09
mendments
GENERAL SOURCES:
General Operating Revenue 4,145,500 4,363,624 218,124
General Revenue/County Co-op 694,480 694,480
Road Millage 2,727,150 2,727,150 -
Penny for Pinellas 1,610,000 4,004,327 2,394,327
Transportation Impact Fee 290,000 290,000 -
Local Option Gas Tax 1,880,000 1,880,000
Recreation Land Impact Fee - 456,100 456,100
Open Space Impact Fee - 260,900 260,900
Special Development Fund 30,000 280,000 250,000
Grants - Other Agencies 360,000 (2,302,621) (2,662,621)
Other Contributions 12,000 12,000
SELF SUPPORTING FUNDS:
Marine Revenue 280,000 50,000 (230,000)
Airpark Revenue 10,000 10,000
Parking Revenue 225,000 225,000 -
Harborview Revenue 100,000 100,000
Utility System:
Water Revenue 75,000 75,000
Sewer Revenue 4,563,370 4,563,370
Water Impact Fees 250,000 250,000
Sewer Impact Fees 575,000 575,000
Utility R&R 2,914,590 2,914,590
Stormwater Utility Revenue 3,284,980 3,310,398 25,418
Gas Revenue 1,455,000 1,464,000 9,000
Solid Waste Revenue 350,000 350,000 -
Grants - Other Agencies - 50,000 50,000
Other Governmental Revenue - 4,807 4,807
INTERNAL SERVICE FUNDS:
Garage Revenue 110,920 110,920
Administrative Services Revenue 225,000 225,000
Central Insurance Revenue 1,622,925 1,622,925
Item # 16
Ordinance # 8046-09
Attachment number 2
Page 3 of 3
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2008/09
First Qtr
Original Amended
Budget Budget
2008/09 2008/09 Amendments
BORROWING - GENERAL SOURCES:
Lease Purchase - General Fund 778,000 578,894 (199,106)
BORROWING - SELF SUPPORTING FUNDS:
Lease Purchase - Water 69,780 53,166 (16,614)
Lease Purchase - Solid Waste 160,000 160,000
Lease Purchase - Recycling 160,000 160,000
Bond Issues - Water & Sewer 14,650,230 14,650,280 50
Bond Issue - Stormwater 678,320 678,320 -
BORROWING - INTERNAL SERVICE FUNDS:
Lease Purchase - Garage 2,749,900 2,749,900
Lease Purchase - Administrative Services 350,000 350,000
TOTAL ALL FUNDING SOURCES: 45,752,220 47,947,529 2,195,309
Item # 16
Ordinance # 8046-09
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/30/2009
Adopt Ordinance 8047-09 on second reading, annexing certain real property whose post office address is 2350 Lake Shore Drive and
unaddressed parcel at the corner of First Street East and Third Avenue North, together with the right-of-way of Fourth Avenue North
abutting Lots 12,13 and 14, the right-of-way of First Street East abutting Lots 1 and 14, and the right-of-way of Third Avenue North
abutting Lots 1,2, and 3 of Block 46 and Lots 10 through 13 of Block 47, into the corporate limits of the city and redefining the
boundary lines of the city to include said addition.
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 17
Attachment number 1
Page 1 of 3
ORDINANCE NO. 8047-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, ANNEXING CERTAIN REAL PROPERTY
LOCATED ON THE NORTHWEST CORNER OF FIRST
STREET EAST AND THIRD AVENUE NORTH
APPROXIMATELY 500 FEET EAST OF CHAUTAUQUA
AVENUE AND PROPERTY LOCATED ON THE
NORTHEAST CORNER OF FIRST STREET EAST AND
THIRD AVENUE NORTH APPROXIMATELY 660 FEET
EAST OF CHAUTAUQUA AVENUE, CONSISTING OF LOTS
1, 2, 3, 12, 13 AND 14, BLOCK 46, SECTION A, UNIT 1,
CHAUTAUQUA SUBDIVISION AND LOTS 12, 13, 14 AND
15, BLOCK 47, SECTION A, UNIT 1, CHAUTAUQUA
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 2350
LAKE SHORE DRIVE AND UNADDRESSED PARCEL AT
THE CORNER OF FIRST STREET EAST AND THIRD
AVENUE NORTH, TOGETHER WITH THE RIGHT-OF-WAY
OF FOURTH AVENUE NORTH ABUTTING LOTS 12, 13
AND 14, THE RIGHT-OF-WAY OF FIRST STREET EAST
ABUTTING LOTS 1 AND 14, AND THE RIGHT-OF-WAY OF
THIRD AVENUE NORTH ABUTTING LOTS 1, 2, AND 3 OF
BLOCK 46 AND LOTS 10 THROUGH 13 OF BLOCK 47,
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 COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of
Clearwater and the boundary lines of the City are redefined accordingly:
See attached legal description
(ANX2009-01001)
Section 2. The provisions of this ordinance are found and determined to be
consistent with the City of Clearwater Comprehensive Plan. The City Council hereby
accepts the dedication of all easements, parks, rights-of-way and other dedications to the
public, which have heretofore been made by plat, deed or user within the annexed
property. The City Engineer, the City Clerk and the Planning Director are directed to
include and show the property described herein upon the official maps and records of the
City.
Item # 17
Ordinance No. 8047-09
Attachment number 1
Page 2 of 3
Section 3. This ordinance shall take effect immediately upon adoption. The City
Clerk shall file certified copies of this ordinance, including the map attached hereto, with
the Clerk of the Circuit Court and with the County Administrator of Pinellas County,
Florida, within 7 days after adoption, and shall file a certified copy with the Florida
Department of State within 30 days after adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Item # 17
Ordinance No. 8047-09
Attachment number 1
Page 3 of 3
ANX2009-01001 - 2350 Lake Shore Drive and Unaddressed Parcel on First Street East
Legal Description
Lots 1, 2, 3, 12, 13 and 14, Block 46, Section A, Unit 1, Chautauqua Subdivision,
according to the map or plat thereof as recorded in Plat Book 9, Page 52, Public
Records of Pinellas County, Florida.
Lots 12 through 15, Block 47, Section A, Unit 1, and the Right-of-Way of 3rd Avenue N.
abutting Lots 10 through 13, Block 47, Chautauqua Subdivision, according to map or
plat thereof, as recorded in Plat Book 9, Page 52, Public Records of Pinellas County,
Florida.
Together with the Right-of-Way of Fourth Avenue N. abutting lots 12, 13, and 14, the
Right-of-Way of First Street East abutting lots 1 and 14 and the Right-of-Way of Third
Avenue N. abutting lots 1, 2, and 3.
Item # 17
3 Ordinance No. 8047-09
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/30/2009
Adopt Ordinance 8048-09 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to
designate the land use for certain real property whose post office address is 2350 Lake Shore Drive and unaddressed parcel at the corner
of First Street East and Third Avenue North, together with the right-of-way of Fourth Avenue North abutting Lots 12,13 and 14, the
right-of-way of First Street East abutting Lots 1 and 14, and the right-of-way of Third Avenue North abutting Lots 1,2, and 3 of Block
46 and Lots 10 through 13 of Block 47, upon annexation into the City of Clearwater, as Residential Suburban (RS).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 18
Attachment number 1
Page 1 of 3
ORDINANCE NO. 8048-09
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 NORTHWEST
CORNER OF FIRST STREET EAST AND THIRD AVENUE
NORTH APPROXIMATELY 500 FEET EAST OF
CHAUTAUQUA AVENUE AND PROPERTY LOCATED ON
THE NORTHEAST CORNER OF FIRST STREET EAST
AND THIRD AVENUE NORTH APPROXIMATELY 660
FEET EAST OF CHAUTAUQUA AVENUE, CONSISTING
OF LOTS 1, 2, 3, 12, 13 AND 14, BLOCK 46, SECTION A,
UNIT 1, CHAUTAUQUA SUBDIVISION AND LOTS 12, 13,
14 AND 15, BLOCK 47, SECTION A, UNIT 1,
CHAUTAUQUA SUBDIVISION, WHOSE POST OFFICE
ADDRESS IS 2350 LAKE SHORE DRIVE AND
UNADDRESSED PARCEL AT THE CORNER OF FIRST
STREET EAST AND THIRD AVENUE NORTH, TOGETHER
WITH THE RIGHT-OF-WAY OF FOURTH AVENUE
NORTH ABUTTING LOTS 12,13 AND 14, THE RIGHT-OF-
WAY OF FIRST STREET EAST ABUTTING LOTS 1 AND
14, AND THE RIGHT-OF-WAY OF THIRD AVENUE
NORTH ABUTTING LOTS 1, 2 AND 3 OF BLOCK 46 AND
LOTS 10 THROUGH 13 OF BLOCK 47, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL SUBURBAN (RS); 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 COUNCIL 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:
Property
See attached legal description
(ANX2009-01001)
Land Use Category
Residential Suburban (RS)
Ordinance No. 8048-09 Item # 18
Attachment number 1
Page 2 of 3
Section 2. The City Council does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8047-09.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 8048-09 Item # 18
Attachment number 1
Page 3 of 3
ANX2009-01001 - 2350 Lake Shore Drive and
Unaddressed Parcel on First Street East
Legal Description
Lots 1, 2, 3, 12, 13 and 14, Block 46, Section A, Unit 1,
Chautauqua Subdivision, according to the map or plat
thereof as recorded in Plat Book 9, Page 52, Public Records
of Pinellas County, Florida.
Lots 12 through 15, Block 47, Section A, Unit 1, and the
Right-of-Way of 3rd Avenue N. abutting Lots 10 through 13,
Block 47, Chautauqua Subdivision, according to map or plat
thereof, as recorded in Plat Book 9, Page 52, Public
Records of Pinellas County, Florida.
Together with the Right-of-Way of Fourth Avenue N.
abutting lots 12, 13, and 14, the Right-of-Way of First Street
East abutting lots 1 and 14 and the Right-of-Way of Third
Avenue N. abutting lots 1, 2, and 3.
3 Ordinance No. 8048-09 Item # 18
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Meeting Date:3/30/2009
Adopt Ordinance 8049-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office
address is 2350 Lake Shore Drive and unaddressed parcel at the corner of First Street East and Third Avenue North, together with the
right-of-way of Fourth Avenue North abutting Lots 12,13 and 14, the right-of-way of First Street East abutting Lots 1 and 14, and the
right-of-way of Third Avenue North abutting Lots 1,2, and 3 of Block 46 and Lots 10 through 13 of Block 47, upon annexation into the
City of Clearwater, as Low Density Residential (LDR).
SUMMARY:
Review Approval: 1) Clerk
Cover Memo
Item # 19
Attachment number 1
Page 1 of 3
ORDINANCE NO. 8049-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE NORTHWEST CORNER OF FIRST STREET EAST
AND THIRD AVENUE NORTH APPROXIMATELY 500
FEET EAST OF CHAUTAUQUA AVENUE AND
PROPERTY LOCATED ON THE NORTHEAST CORNER
OF FIRST STREET EAST AND THIRD AVENUE NORTH
APPROXIMATELY 660 FEET EAST OF CHAUTAUQUA
AVENUE, CONSISTING OF LOTS 1, 2, 3, 12, 13 AND 14,
BLOCK 46, SECTION A, UNIT 1, CHAUTAUQUA
SUBDIVISION AND LOTS 12, 13, 14 AND 15, BLOCK 47,
SECTION A, UNIT 1, CHAUTAUQUA SUBDIVISION,
WHOSE POST OFFICE ADDRESS IS 2350 LAKE SHORE
DRIVE AND UNADDRESSED PARCEL AT THE CORNER
OF FIRST STREET EAST AND THIRD AVENUE NORTH,
TOGETHER WITH THE RIGHT-OF-WAY OF FOURTH
AVENUE NORTH ABUTTING LOTS 12, 13 AND 14, THE
RIGHT-OF-WAY OF FIRST STREET EAST ABUTTING
LOTS 1 AND 14, AND THE RIGHT-OF-WAY OF THIRD
AVENUE NORTH ABUTTING LOTS 1, 2 AND 3 OF BLOCK
46 AND LOTS 10 THROUGH 13 OF BLOCK 47, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
LOW DENSITY RESIDENTIAL (LDR); 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 COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is
hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning
atlas of the City is amended, as follows:
Property
See attached legal description
(ANX2009-01001)
Zoning District
Low Density Residential (LDR)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Ordinance No.18W9*919
Attachment number 1
Page 2 of 3
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8047-09.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
Frank V. Hibbard
Mayor
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance NoltMA99919
Attachment number 1
Page 3 of 3
ANX2009-01001 - 2350 Lake Shore Drive and Unaddressed Parcel on First Street East
Legal Description
Lots 1, 2, 3, 12, 13 and 14, Block 46, Section A, Unit 1, Chautauqua Subdivision,
according to the map or plat thereof as recorded in Plat Book 9, Page 52, Public
Records of Pinellas County, Florida.
Lots 12 through 15, Block 47, Section A, Unit 1, and the Right-of-Way of 3rd Avenue N.
abutting Lots 10 through 13, Block 47, Chautauqua Subdivision, according to map or
plat thereof, as recorded in Plat Book 9, Page 52, Public Records of Pinellas County,
Florida.
Together with the Right-of-Way of Fourth Avenue N. abutting lots 12, 13, and 14, the
Right-of-Way of First Street East abutting lots 1 and 14 and the Right-of-Way of Third
Avenue N. abutting lots 1, 2, and 3.
Ordinance NoltMA99919
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Beach Parking Garage Update
SUMMARY:
Review Approval: 1) Clerk
Meeting Date:3/30/2009
Cover Memo
Item # 20
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Other Council Action
SUMMARY:
Review Approval: 1) Clerk
Meeting Date:3/30/2009
Cover Memo
Item # 21
Work Session
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Proclamation - April is Water Conservation Month
SUMMARY:
Review Approval: 1) Clerk
Meeting Date:3/30/2009
Cover Memo
Item # 22