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04/02/2009 - City Council Agenda Location: Council Chambers - City Hall Date: 4/2/2009- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Civitan Appreciation Month Proclamation - Richard Fuller, Clearwater Civitan Club President Attachments 4.2 Proclamation - April is Water Conservation Month Attachments 5. Approval of Minutes 5.1 Approve the minutes of the March 19, 2009 City Council meeting as submitted in written summation by the City Clerk Attnchmentc 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Second Readings - Public Hearing 7.1 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. Attachments 7.2 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. Attachments 7.3 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. Attachments 7.4 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. Attachments 7.5 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). Attachments 7.6 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). Attachments City Manager Reports 8. Consent Agenda 8.1 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) Attachments 8.2 Reappoint Dennis G. Roper and appoint Edward O'Brien to the Airpark Advisory Board with term(s)to expire April 30, 2013. Attachments 8.3 Appoint Councilmember Paul Gibson as Vice Mayor (consent) Attnchmentc 9. Other Items on City Manager Reports 9.1 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. Attachments 9.2 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 09-13 and the appropriate officials be authorized to execute same. Attachments 9.3 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. Attachments 9.4 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. Attachments 9.5 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. Attachments Miscellaneous Reports and Items 10. City Manager Verbal Reports 10.1 City Manager Verbal Reports Attachments 11. Council Discussion Items 11.1 Setting Budget Meetings Attachments 12. Other Council Action 12.1 Other Council Action Attachments 13. Adjourn City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Civitan Appreciation Month Proclamation - Richard Fuller, Clearwater Civitan Club President SUMMARY: Meeting Date:4/2/2009 Review Approval: 1) Clerk Cover Memo Item # 1 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Proclamation - April is Water Conservation Month SUMMARY: Meeting Date:4/2/2009 Review Approval: 1) Clerk Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall Meeting Date:4/2/2009 SUBJECT / RECOMMENDATION: Approve the minutes of the March 19, 2009 City Council meeting as submitted in written summation by the City Clerk SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 3 Attachment number 1 Page 1 of 10 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER March 19, 2009 Unapproved Present: Frank Hibbard George N. Cretekos Carlen Petersen John Doran Paul Gibson Mayor Vice-Mayor Councilmember Councilmember Councilmember Also present: William B. Horne II Jill S. Silverboard Rod Irwin Pamela K. Akin Cynthia E. Goudeau City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Vice-Mayor Cretekos. The Mayor led the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 4 - Presentations: 4.1 Service Awards Two service awards were presented to City employees. 4.2 March is National Nutrition Month Proclamation 4.2 Clearwater Housing Authority Quarterly Update Robert Aude, Clearwater Housing Authority (CHA) Chair, reviewed CHA's mission, current programs, and the status of Parkview Village. 5 -Approval of Minutes 5.1 Approve the minutes of the March 5, 2009 City Council meeting as submitted in written summation by the City Clerk Councilmember Doran moved to approve the minutes of the March 5, 2009, City Council Meeting as recorded and submitted in written summation by the City Clerk to each Councilmember. The motion was duly seconded and carried unanimously. 6 - Citizens to be Heard re Items Not on the Agenda Dru Jeanis - expressed concern regarding handling of his public record request. Council 2009-03-19 Item # 3 Attachment number 1 Page 2 of 10 Public Hearings - Not before 6:00 p.m. 7 - Administrative Public Hearings 7.1 Approve the Annexation, Initial Land Use Plan Designation of Residential Suburban (RS) and Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 2350 Lake Shore Drive (Lots 1, 2, 3, 12, 13 and 14, Block 46, Section A, Unit 1, Chautauqua Subdivision in Section 32, Township 28 South, Range 16 East) and an unaddressed parcel located at the Northwest corner of First Street East and Third Avenue North (Lots 12 through 15, Block 47, Section A, Unit 1, Chautauqua Subdivision in Section 32, Township 28 South, Range 16 East) and pass Ordinances 8047-09,8048-09 and 8049-09 on first reading. (ANX2009-01001) This voluntary annexation petition involves a 1.111-acre property consisting of one 0.638-acre parcel of land occupied by a single-family dwelling and one 0.473-acre parcel of land that is vacant. The parcels are located between Third Avenue North and Fourth Avenue North, with one parcel lying east of First Street East and one lying west of First Street East. Both parcels are located approximately 600 feet east of Chautauqua Avenue. The Planning Department is requesting that the 1.08-acres of abutting Fourth Avenue North, First Street East, and Third Avenue North rights-of-way not currently within the City limits also be annexed. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is located within an enclave and is contiguous to existing City boundaries to the north, south and west. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Suburban (RS) and a zoning category of Low Density Residential (LDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property currently receives water service from the City of Clearwater. The closest sanitary sewer line is located in the adjacent Fourth Avenue North right-of-way and the applicant has paid the City's sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen-Booth Road. Fire and emergency medical services will be provided to this property by Station 50 located at 2681 Countryside Boulevard. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Development Code. The proposed RS Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 2.5 units per acre. The proposed zoning district to be assigned to the property is the Low Density Residential (LDR) District. The use of the subject property is consistent with the uses allowed in the District and both parcels exceed the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Council 2009-03-19 2 Item # 3 Attachment number 1 Page 3 of 10 Countywide Plan, City's Comprehensive Plan, and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the north, south and west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Councilmember Gibson moved to approve the Annexation, Initial Land Use Plan Designation of Residential Suburban (RS) and Initial Zoning Atlas Designation of Low Density Residential (LDR) District for 2350 Lake Shore Drive (Lots 1, 2, 3, 12, 13 and 14, Block 46, Section A, Unit 1, Chautauqua Subdivision in Section 32, Township 28 South, Range 16 East) and an unaddressed parcel located at the Northwest corner of First Street East and Third Avenue North (Lots 12 through 15, Block 47, Section A, Unit 1, Chautauqua Subdivision in Section 32, Township 28 South, Range 16 East). The motion was duly seconded and carried unanimously. Ordinance 8047-09 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 8047-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. Ordinance 8048-09 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 8048-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. Ordinance 8049-09 was presented for first reading and read by title only. Councilmember Cretekos moved to pass Ordinance 8049-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 8 - Second Readings - Public Hearing 8.1 Adopt Ordinance 8038-09 on second reading, amending Appendix A, Article VII to amend the administrative fee for fireworks, update nomenclature to reflect changes made by the State mandated use of the 2007 Florida Fire Prevention Code, and eliminate the power of the Fire Prevention Administrator to modify sections of the fire code. Ordinance 8038-09 was presented for second reading and read by title only. Councilmember Gibson moved to pass and adopt Ordinance 8038-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. Council 2009-03-19 3 Item # 3 Attachment number 1 Page 4 of 10 "Nays": None. 8.2 Adopt Ordinance 8059-09 on second reading, amending Section 22.24(2) to modify the hours of operation for Station Square Park. Ordinance 8059-09 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 8059-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. City Manager Reports 9 - Consent Agenda - Approved as submitted 9.1 Approve the underwriting team consisting of Wachovia Securities as Senior Manager, RBC Capital Markets as Co-Senior Manager, Fifth Third Securities and Bank of America/Merrill Lynch as Co-Managers to provide investment banking services to manage the negotiated sale of not to exceed $72,500,000 City of Clearwater Water and Sewer System Revenue Bonds, Series 2009A and not to exceed $50,000,000 City of Clearwater Water and Sewer System Revenue Refunding Bonds, Series 20098. (consent) 9.2 Approve the purchase of property and equipment breakdown insurance from April 1, 2009 through April 1, 2010, at the level of insurance recommended, at amount not to exceed $2,264,125. (consent) 9.3 Award contracts (blanket purchase orders) for the purchase of Gas Material Polyethylene Pipe and Fittings in the amount of $200,000 to Consolidated Pipe and Supply; in the amount of $128,000 to M.T. Deason; in the amount of $141,000 to General Utilities Pipe; and in the amount of $87,000 to Elster Perfection for the period of April 1, 2009, to March 31, 2010, and authorize appropriate officials to execute same. (consent) 9.4 Award contracts (blanket purchase orders) for Gas Material Steel Pipe and Fittings in the amount of $53,000 to Consolidated Pipe and Supply; in the amount of $72,000 to M.T. Deason; and in the amount of $171,000 to General Utilities Pipe for the period of April 1, 2009, to March 31, 2010, and authorize the appropriate officials to execute same. (consent) 9.5 Approve increasing the not-to-exceed amount from $40,000 to $240,000, to pay Lincoln Financial for life insurance premiums for CWA Life, SAMP Life, SAMP Supplemental Life, City Basic Life, and LTD coverages for the period from October 1, 2008 to September 30, 2009. (consent) 9.6 Approve the Second Amendment to Baseball Training Facility Lease Agreement and the Second Amendment to Sports Facility Use Agreement between the City of Clearwater and the Phillies, authorize the appropriate officials to execute same and approve a mid-near budget amendment transferring $200,000 from unappropriated retained earnings. (consent) Council 2009-03-19 4 Item # 3 Attachment number 1 Page 5 of 10 9.7 Accept a 10-foot wide Water Main and Utilities Easement to encumber a portion of Lot 10, Block B, HIGHLAND TERRACE MANOR SUBDIVISION, and a portion of the East 85.64 feet of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 2, Township 29 South, Range 15 East, conveyed by the School Board of Pinellas County in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) 9.8 Approve a settlement in the case of Rosilenne Jones v. City of Clearwater, Case 8:08-cv- 00702-T-23TGW. (consent) 9.9 Reappoint F. David Hemerick and appoint Paul E. Lightfoot, David Napoli and Eric Spaulding to the Marine Advisory Board with terms expiring March 31, 2013. (consent) 9.10 Approve joining with multiple cities and counties to present a common defense and share the cost of outside counsel to defend Addison v. City of Tampa Class Action suit. Councilmember Cretekos moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. 10 - Other items on City Manager Reports 10.1 Amend the City's fiscal year 2008/09 Operating and Capital Improvement Budgets at First Quarter and pass Ordinances 8045-09 and 8046-09 on first reading. The Fiscal Year 2008/09 Operating and Capital Improvement Budgets were adopted in September 2008 by Ordinances 8005-08 and 8006-08. Section 2.521 of the City's Code of Ordinances requires the City Manager to prepare a quarterly report detailing income, expenditure estimates, collections, the explanation of significant variances, as well as the financial status of all capital improvement projects. The memorandum and the accompanying report provide this information and outlines the issues at first quarter that require amendment. In his First Quarter Budget Review - Amended City Manager's Annual Budget Report, dated February 25, 2009, the City Manager reported the First Quarter Budget Review is in accordance with the City Code of Ordinances. The report is based on three months of activity (October, 2008 through December, 2008) in this fiscal year. The report comments on major variances, as well as documents all proposed amendments. Significant Fund amendments are outlined below: General Fund - General Fund revenues and expenditure amendments reflect a net increase of $751,113. The major reason for the overall General Fund expenditure increase includes the appropriation of General Fund retained earnings of $486,870 at first quarter to include the following items: $107,000 to fund the Matrix contract; $100,000 for the Clearwater Golf Course Acquisition, $135,380 to support the Homeless Shelter, and $144,490 for the 2007/08 IAFF (International Association of Fire Fighters) contract. All of these amendments have been previously approved by the City Council. Council 2009-03-19 5 Item # 3 Attachment number 1 Page 6 of 10 Other amendments include the allocation of $182,160 to the Fire Department budget for training incentive funding that had previously been captured in a special program project and $54,000 to establish the operating budget for the Royalty Theater with like operating revenues. General Fund Reserves - In order to ensure adequate reserves, the City Council's policy reflects that General Fund unappropriated retained earnings of 8.5% of the City's budgeted General Fund expenditures must be maintained as a reserve to guard against future emergencies. With the closing of the year-end 2007 books, and the allocation of reserves noted above, estimated General Fund reserves at first quarter are approximately $15 million, or 12.4% of the current year's General Fund budget, exceeding the reserve policy by $4.8 million. Significant amendments to other City Operating Funds are noted as follows: 1) Stormwater Fund - At first quarter, the Stormwater operating budget reflects an increase of $24,418 of Stormwater retained earnings representing excess cash in the debt service funds representing interest earnings in the bond construction funds for the last six months, and the related transfer of these funds to the capital improvement project for Storm Pipe System Improvements; 2) Solid Waste Fund - Budget amendments to the Solid Waste Fund reflect a decrease of $47,000 reflecting a slight reduction in operating expenditures to offset an expected loss in revenues for the year; 3) Marine Fund - First quarter expenditure amendments in the Marine Fund reflect a net decrease of $296,200 to offset the loss of revenues anticipated for the fiscal year; 4) Parking Fund - Budgeted expenditures in the Parking Fund at first quarter reflect an increase of $279,420 to provide an additional FTE Police Aide position and increased operating costs for temporary parking, all of which have been previously approved by the City Council. Increased revenues will more than cover all expenditure amendments; 5) Central Insurance Fund - At first quarter, the Central Insurance Fund operating expenditures reflect the allocation of Central Insurance Fund reserves for $300,000 to support the CIGNA health insurance contract and $1.6 million to support the Downtown Streetscape Phase II project; 6) Capital Improvement Fund - First quarter amendments to the Capital Improvement Fund reflect an increase of $2,195,309. Major project amendments include the establishment of the Royalty Theater project in the amount of $2,650,000, the Downtown Streetscape Phase II project at just over $2.6 million, and the Aging Well Center for a total of $1,029,720. A list of capital improvement project budget increases that have been previously approved by the City Council was included in this report. Project budget increases not previously approved by the Council are also summarized in the report. The largest of these proposed increases is an increase of $25,418 recognizing revenue from Stormwater interest earnings applied to a Stormwater capital project. Special Program Fund - The Special Program Fund reflects a net budget increase of $1,470,132 at first quarter. Amendments include the recognition of more than $328,463 in grants proceeds supporting programs for Americorps, tactical weapons illuminators, and Juvenile Welfare grants supporting neighborhood recreation programs. Other significant amendments reflect more than $676,000 for the special events and sponsorships programs in the last six months, $196,000 from police fines and court proceeds to support public safety programs and $253,000 in revenues for police outside duty contractual services. Councilmember Petersen moved to amend the City's fiscal year 2008/09 Operating and Capital Improvement Budgets at First Quarter. The motion was duly seconded and carried unanimously. Council 2009-03-19 6 Item # 3 Attachment number 1 Page 7 of 10 Ordinance 8045-09 was presented for first reading and read by title only. Councilmember Doran moved to pass Ordinance 8045-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. Ordinance 8046-09 was presented for first reading and read by title only. Councilmember Cretekos moved to pass Ordinance 8046-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 10.2 Approve amendment to Chapter 33, Section 33.028 of the Code of Ordinances authorizinq the City Manager to adjust vessel slip rent increases or decreases up to ten percent annually and pass Ordinance 8039-09 on first reading. At the February 19, 2009 Council meeting, Councilmembers authorized decreasing the slip rent rates in the five-year Beach Marina Business Plan due to economic conditions. The rates were based on surveys of rates charged by other municipal and local area marinas. Council approved the decreases as proposed, but agreed to look at the rates again if needed. Staff wishes to modify the existing ordinance that permits the City Manager to authorize slip rate increases up to 10%, to include decreases up to 10% as well. Councilmember Gibson moved to approve amendment to Chapter 33, Section 33.028 of the Code of Ordinances authorizing the City Manager to adjust vessel slip rent increases or decreases up to ten percent annually. The motion was duly seconded and carried unanimously. Ordinance 8039-09 was presented for first reading and read by title only. Councilmember Petersen moved to pass Ordinance 8039-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. 10.3 Approve staff recommendations to offer retirement incentives to eligible employees. Creating an incentive for retirement eligible employees to retire during the current FY (Fiscal Year) will benefit the City's current budget reduction initiatives in several ways. They are: 1) It will create vacant FTE's that may be considered for elimination; 2) It will afford the City additional options to accommodate employees that are displaced from other positions being eliminated; and 3) If it is necessary to backfill the positions, the new employees will be hired in at a significantly lower salary. Council 2009-03-19 7 Item # 3 Attachment number 1 Page 8 of 10 The following incentives are proposed to be offered to eligible retirees who leave employment with the City under the established terms: 1) Retiree may receive a one-time lump sum of $10,000 cash, minus applicable withholding AND 2) In addition to the above, retiree who is eligible and leaves employment with the City voluntarily prior to May 23, 2009, may receive an additional one-time cash lump sum of $5,000, minus applicable withholding. Eligible employees would be required to apply during a limited application window (March 23 to April 17) and would be required to retire by September 25, 2009 (last pay period of the FY). There are currently 170 employees across all departments/all funds that are eligible to apply. This figure does not include unclassified employees who participate in the 401A Plan. Should all eligible employees afford themselves of this opportunity, the City would incur a one- time cost of approximately $550,000 for general fund employees and $580,000 for enterprise fund employees for the incentives alone. Public safety employees would account for approximately $360,000 of these costs. If all 170 eligible employees retired and every position was back-filled at the entry rate of pay, the salary savings for the remainder of FY 2009 and all of FY 2010 would amount to $3.1 million. In addition to the costs for the incentives, the City would also incur costs of approximately $3.7 million for general employees and $1.6 million for public safety employees for sick and vacation leave payouts. These additional costs represent a current funded liability that would exist regardless of whether or not the incentives are offered. The City estimates that no more than 50 of the eligible employees will choose to afford themselves of this opportunity so the cost, as well as the savings, would be considerably less. The following chart shows these costs based on all 170 eligible employees retiring. Estimated Costs/Savings SAMP/CWA - SAMP/CWA - Sworn Totals Enterprise General Police/Fire Number Eligible 55 58 57 170 Option 1 incentive 550,000 580,000 570,000 1,700,000 Vacation/Sick Payout * 1,400,000 1,200,000 1,700,000 4,300,000 Total Costs 1,950,000 1,780,000 2,270,000 5,900,000 SAMP/CWA - SAMP/CWA - Sworn - Totals Enterprise General Police/Fire Savings if not filled within last 710,000 710,000 1,000,000 2,420,000 quarter FY 08/09 Savings if not filled for FY 09/10 2,800,000 2,800,000 4,000,000 9,600,000 Savings if all positions filled at a 1,800,000 1,700,000 1,000,000 4,500,000 reduced salary * existing retirement costs Human Resources Director Joe Roseto said to date, 28 employees have expressed interest in the proposed retirement incentives. A suggestion was made the $10,000 lump sum be increased. Council 2009-03-19 8 Item # 3 Attachment number 1 Page 9 of 10 Councilmember Cretekos moved to approve offering the following incentives to retirement eligible employees: 1) a one-time lump sum payment to $11,000, minus applicable withholding, for those retiring by September 25, 2009 and 2) an additional one-time lump sum of $5,000, minus applicable withholding, for those retiring by May 23,2009. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 11 - City Manager Verbal Reports - None. 12 - Council Discussion Items 12.1 Environmental Advisory Board recommendation regarding protection of shore birds Ed Chesney read a letter from the Environmental Advisory Board requesting measures for shorebird protection: restricting dog access on the beach during nesting season, signage, an education campaign and establishing a protection zone. Some staff time would be required to complete grant applications for signage. Direction was given to contact the Audubon Society for recommendations and statistics. 12.2 Pass Resolution 09-17, recommending that the Board of County Commissioners delay action on proposed resolutions establishing levels of service and criteria for the determination of reasonable and customary costs for EMS providers, or, if action is not delayed, opposing the proposed resolutions and requesting funding to remain at present levels Assistant City Attorney Robert Surette said Pinellas County proposed not to fund two rescue units and not fully fund city cost for EMS (Emergency Management Services). County proposals would lower the established level of service, impacting response times. Current response time by the City is 5.5 minutes; county proposal would increase time to 7.5 minutes. Discussion ensued. Concern was expressed regarding effect of delayed response time and impact traffic would have on calls dispatched to the barrier island if beach unit was removed. Concerns were also expressed that the process has moved too quickly and more time to evaluate the impact of the proposal is needed. It was pointed out that if the County simply raises the EMS millage to fund the units, Clearwater tax payers would actually pay more in taxes than if the City made up the shortfall. Three individuals spoke in support of the City's resolution. Councilmember Doran moved to approve Item 12.2. The motion was duly seconded and passed unanimously. Resolution 09-17 was presented and read by title only. Councilmember Cretekos moved to adopt Resolution 09-17 and authorize the appropriate officials to execute same. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Doran, Gibson, and Hibbard. Council 2009-03-19 9 Item # 3 Attachment number 1 Page 10 of 10 "Nays": None. 13 - Other Council Action Councilmembers reported on events in which they recently participated, reviewed upcoming events and thanked staff and residents for their efforts in Neighborhoods Day. 14 - Adjourn The meeting adjourned at 7:39 p.m. Mayor City of Clearwater Attest: City Clerk Council 2009-03-19 10 Item # 3 %02, r CCU. J-e C.C AJ S. 1`c(,r r 0 4t ?C' ?? ' o? 1?? ? ?? Cc ??? i? ??c o p''c r 7-0 '4 ( - CC?i?' ?r??c r'or? C°rCu j ar4 vc? ?cge ci?`'?* J a t i??F e n- ?TcaXr9172 7?,?e /?`?' C'lly )00 ?A)1C,(V ? 7 ?%J i `ass"<S Cx Te v ,A;,d J o'1?u y ? pa "7 7L? Sca r try` L) c, a ?u /i t- JCS c k c-r- 4 r a,6"r; (, l i r cg rnr?r.?r?cr i .? t% l TP /'L`i a ?j'rn C'a /' le, -C-x:,->e A c? fY 0 r /,/u CC)nf ej /L55/c/u C:? ? S e?ia PC-??? 1? ?o? E? f?')CS CL m ai r - ,beu r-Ct'4 5 5 m)- I j rG 1.? ??I4? i2 ref $iv c5 ilir aK/? , C Or avc? m' (? iGNS --?c acCui3e, e/i hoEv /-c c Go f? 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's ?f t s t l; ti ? t ' r' 1 jr ?; d ? ,tts } ( , i t , , r Kirk Terrell.plt 3/23/2009 2°36:21 PM Scale: 1;3.26 sleight: 24.626 Length: 24.632 in ?- r To view most current version, visit www.municode.com. § 3-1302 COMMUNITY DEVELOPMENT CODE; I. Establish sign size in relationship to the G. Portable signs. scale of the lot and building on which the sign is to be placed or to which it pertains. H. Roof and above roof signs. J. Preclude signs from conflicting with the principal permitted use of the site or adjoining sites. K. Regulate signs in a manner so as to not interfere with, obstruct vision of or dis- tract motorists, bicyclists or pedestrians. L. Require signs to be constructed, installed and maintained in a safe and satisfactory manner. M. Preserve and enhance the natural and scenic characteristics of this waterfront resort community. Section 3-1803. Prohibited signs. The following types of signs are prohibited: A. Abandoned signs. Abandoned signs and/or sign structures which are determined to be nonconforming with the provisions of this division shall be required to be re- moved by the property owner within 30 days after receipt of notification, or re- fusal to accept delivery of notification by certified mail, that such removal is re- quired. Alternatively, the sign panels within the abandoned sign structure may be re- moved and replaced with sign panels of neutral color and containing no message. B. Balloons, cold air inflatables, streamers, and pennants, except as allowed in Sec- tion 3-1805(V). C. Bench signs, other than the identification of the transit company or its route sched- ule. D. Except as provided in section 3-1806(B)(5), changeable message signs, except menu and time and temperature signs, on which the message changes more rapidly than once every six hours. E. Menu signs on which the message changes more rapidly than once every three hours. F. Pavement markings, except official traffic- control markings and street addresses. I. Sandwich board signs, except as provided in Section 3-1805.Y. J. Signs attached to or painted on piers or seawalls, other than official regulatory or warning signs. K. Signs in or upon any river, bay, lake, or other body of water. L. Signs located on publicly-owned land or easements or inside street rights-of-way, except (a) as allowed in Section 3-1805(W), (b) signs on transit shelters erected pur- suant to Section 3-2203 and permitted pursuant to Section 3-1806(B)(4), (c) sand- wich board signs to the extent permitted in the Downtown District pursuant to Section 3-1805(V), (d) as allowed in Sec- tion 3-1806(A), and (e) as allowed in Sec- tion 3-1805.Z. Prohibited signs shall in- clude but shall not be limited to handbills, posters, advertisements, or notices that are attached in any way upon lampposts, telephone poles, utility poles, bridges, and sidewalks. M. Signs that emit sound, vapor, smoke, odor, particles, or gaseous matter. N. Signs that have unshielded illuminating devices or which reflect lighting onto pub- lic rights-of-way thereby creating a poten- tial traffic or pedestrian hazard. 0. Signs that move, revolve, twirl, rotate, flash, including animated signs, multi- pr-ism signs, floodlights and beacon lights except when required by the Federal Avi- ation Agency or other governmental agency. P. Signs that obstruct, conceal, hide, or oth- erwise obscure from view any official traf- fic or government sign, signal, or device. Q. Signs that present a potential traffic or pedestrian hazard, including signs which obstruct visibility. R. Signs attached to or placed on any tree or other vegetation. Supp. No. 20 CD3:68 Supplement 23, March 2009 To view most current version, visit www.municode.com. DEVELOPMENT S'T'ANDARDS S. Signs carried, waved or otherwise dis- played by persons either on public rights- of-way or in a manner visible from public rights-of=way. This provision is directed toward such displays intended to draw attention for a commercial purpose, and is not intended to limit the display of plac- ards, banners, flags or other signage by persons participating in demonstrations, political rallies ,.ind similar events. T. Snipe signs. U. Three-dimensional objects that are used as signs. V. Time and temperature signs in which the message changes more rapidly than once every 15 seconds. W. Vehicle signs, and portable trailer signs X. Any sign that is not specifically described or enumerated as permitted within the specific zoning district classifications in this Development Code. (Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 6928-02, §§ 80, 80A, 5-2-02; Ord. No. 6997-02, § 1, 7-18-02; Ord. No. 7106-03, § 8, 9-18-03; Ord. No. 7630-06, § 2, 5-4-06; Ord. No. 7835-07, § 18, 1-17-08) Section 3-1804. General standards. A. Setback. No sign shall be located within five feet of a property line of a parcel proposed for development. B. Neon signs and lighting. Neon signs and lighting shall be permitted as freestanding and attached signage as provided in this division. When neon lighting is utilized to emphasize the architectural features of a building, such as when used to outline doorways, windows, facades, or architectural detailing, or when used to accentu- ate site landscaping, it shall not be regarded as signage. In addition, neon lighting used as free- standing designs or murals or as attached murals or designs unrelated to the architectural features of the building to which the lighting is attached shall be permitted, but shall be counted toward the allowable area of the property's or occupancv's freestanding or attached signage, as applicable. Supp. No. 20 C. Illuminated signs. § 3-1804 1. The light from any illuminated sign shall be shaded, shielded, or directed away from adjoining street rights-of-way and proper- ties. 2. No sign shall have blinking, flashing, or fluttering lights or other illumination de- vices which have a changing light inten- sity, brightness, color, or direction. 3. No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic- control devices. 4. Neither the direct nor the reflected light from primary light sources shall create a traffic hazard to operators of motor vehi- cles on public thoroughfares. 5. The light which illuminates a sign shall be shaded, shielded, or directed so that no structure, including sign supports or aw- nings, are illuminated by such lighting. D. Banners and flags. A banner or flag may be used as a permitted freestanding or attached sign and, if so used, the area of the banner or flag shall be included in, and limited by, the computation of allowable area for freestanding or attached signs on the property. E. Gasoline price signs. Gasoline price display signs shall be allowed in all non-residential dis- tricts except where specifically prohibited. Gaso- line price display signs shall be placed in the vicinity of the pump islands and shall not extend above any pump island canopy or they shall be attached to the primary freestanding sign for the property. If attached to the freestanding sign, the area of the gasoline price display sign shall be counted toward the allowable area for the free- standing sign. F. Tirne and temperature. Time and tempera- ture signs shall be allowed in all non-residential districts. The maximum area for the time and temperature portion only shall be 20 square feet. The area of a time and temperature sign, whether attached or freestanding, shall be included in determining the cumulative area of signs on a property. CD3:69 Supplement 23, March 2009 ?- Meeting Date:4/2/2009 City Council Agenda Council Chambers - City Hall 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 # 4 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 # 4 Ordinance No. 8039-09 ?- Meeting Date:4/2/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: 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 # 5 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 # 5 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 # 5 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 # 5 City Council Agenda Council Chambers - City Hall Meeting Date:4/2/2009 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 # 6 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 Frank Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Ordinance 4b%rA_b96 Attachment number 2 Page 1 of 3 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2008/09 First Qtr Original Amended Budget Budget 2008/09 2008/09 Amendments Police Protection Fire Protection New Street Construction Major Street Maintenance Sidewalks and Bike Trail Intersections Parking Miscellaneous Engineering Park Development Marine Facilities Airpark Facilities Libraries Garage Maintenance of Buildings Miscellaneous Stormwater Utility Gas System Solid Waste Utilities Miscellaneous Sewer System Water System Recycling 250,000 473,000 1,250,000 4,082,150 435,000 225,000 115,000 2,110,500 405,000 10,000 694,480 2,815,820 2,593,300 945,000 3,960,000 1,645,000 510,000 26,000 8,326,790 14,720,180 160,000 250,000 488,407 1,250,000 5,526,963 (569,191) 440,070 225,000 115,000 3,423,437 175,000 10,000 694,480 2,815,820 2,350,800 945,000 3,991,315 1,654,000 510,000 26,000 8,363,267 15,102,161 160,000 15,407 1,444,813 (569,191) 5,070 1,312,937 (230,000) (242,500) 31,315 9,000 36,477 381,981 TOTAL 45,752,220 47,947,529 2,195,309 Item # 6 Ordinance # 8046-09 Attachment number 2 Page 2 of 3 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2008/09 Original Budget 2008/09 GENERAL SOURCES: General Operating Revenue General Revenue/County Co-op Road Millage Penny for Pinellas Transportation Impact Fee Local Option Gas Tax Recreation Land Impact Fee Open Space Impact Fee Special Development Fund Grants - Other Agencies Other Contributions SELF SUPPORTING FUNDS: Marine Revenue Airpark Revenue Parking Revenue Harborview Revenue Utility System: Water Revenue Sewer Revenue Water Impact Fees Sewer Impact Fees Utility R&R Stormwater Utility Revenue Gas Revenue Solid Waste Revenue Grants - Other Agencies Other Governmental Revenue INTERNAL SERVICE FUNDS: Garage Revenue Administrative Services Revenue Central Insurance Revenue 4,145,500 694,480 2,727,150 1,610,000 290,000 1,880,000 30,000 360,000 280,000 10,000 225,000 100,000 75,000 4,563,370 250,000 575,000 2,914,590 3,284,980 1,455,000 350,000 110,920 225,000 First Qtr Amended Budget 2008/09 4,363,624 694,480 2,727,150 4,004,327 290,000 1,880,000 456,100 260,900 280,000 (2,302,621) 12,000 50,000 10,000 225,000 100,000 75,000 4,563,370 250,000 575,000 2,914,590 3,310,398 1,464,000 350,000 50,000 4,807 110,920 225,000 1,622,925 Amendments 218,124 2,394,327 456,100 260,900 250,000 (2,662,621) 12,000 (230,000) 25,418 9,000 50,000 4,807 1,622,925 Item # 6 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 # 6 Ordinance # 8046-09 ?- Meeting Date:4/2/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: 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 # 7 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 # 7 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 # 7 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 # 7 3 Ordinance No. 8047-09 ?- Meeting Date:4/2/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: 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 # 8 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 Land Use Category See attached legal description Residential Suburban (RS) (ANX2009-01001) Ordinance No. 8048-09 Item # 8 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 # 8 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 # 8 ?- Meeting Date:4/2/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: 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 # 9 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.IbW9-@9 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 Nol.tM990 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 Nd.tM990 ?- Meeting Date:4/2/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: 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 Budget Adjustment: None Annual Operating Cost: Total Cost: $391,970.70 Appropriation Code 0315-91252-563600-522-000- 0000 Amount $391,970.70 Appropriation Comment See Summary Bid Required?: Yes Bid Number: 07-0052-FI Other Bid / Contract: Bid Exceptions: None Cover Memo Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City N& IrnClerk 7) City Approval: Manager 8) Clerk O N ?' ?_ ? ,., ... ._ ?' ?, m - .. ?a ,? ,F ? _, , ?? ?. ,. ? ? `a ?' Z z So o o 'o 'o L) a w ? > z? a ? X K O ? y m o o a o m O z a m p O W U z W U 16 6 U _ K _ O Q O Q _ v _ O 3 n ?_ MM zz F O Y N z ' rw°w °z z ' N x v ? r ? o ? Li Z O m F Z o = z z ' o U ?zLL ° Q L) Uw ? Y Q rc?v LL Q w w z z q W r X 0 w O z 0 W o O Q p L) U - V O w ? 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W Z 0 W LL. rn x m H H0LU H 0LU u e 0 90 Z 0 ; 0 _: Q 0 Q c m 0 W co 0 Lu a Lu 0 Lu 0 m a' 2 m d' 2 v u ° z N N O_ N 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 ,. 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 I Item # 10 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 ATTEST: WITNESS: COUNTERSIGNED: By: SURETY By: ATTORNEY-IN-FACT Page 2 Item # 10 Attachment number 3 Page 3 of 6 CONTRACT 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 # 10 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 # 10 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, H City Manager Attest: Countersigned Seal) Cynthia E. Goudeau, City Clerk By: Approved as to form Frank Hibbard, Mayor-Councilmember Camilo Soto Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (Contractor) By: (SEAL) (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). Page 5 Item # 10 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 NOTARY PUBLIC My Commission Expires: BY: PRESIDENT Page 6 Item # 10 City Council Agenda Council Chambers - City Hall Meeting Date:4/2/2009 SUBJECT / RECOMMENDATION: Reappoint Dennis G. Roper and appoint Edward O'Brien 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: Ist Wed., 3 pm PLACE: Chambers APPOINTMENTS NEEDED: 2 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 st 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 # 11 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 # 11 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 # 11 Attachment number 2 y Page 1 of 2 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BIB °l[VED (must be Clearwater resident) Name: T, 6) 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 DEC 13 2007 Office Address: OFFrcIALMORDs AND !FG WA-QVFsRvcs DEPr zip Telephone: E-mail Address: <Z?2 6 ( r , -z How long a resident of Clearwater? Occupation: Employer: Field of?Education: az Other Work Experience: Cli, C2 E 4/ If retired, former occupation: Additional Comments: Signed: . Date: y f? 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 # 11 Board Service (current and past): Board Preference: 2iut'?? /?? (j? ; t ' Attachment number 2 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your underst/a?nding of the board's duties and responsibilities? 16 -'r-J 2. Have you ever observed a board meeting either in person or on C-View, the City's T ation? -?sit 4. Why do youpant to serve on this Board? Name: ^:- - ? , L s ?-- Board Name: A y Item # 11 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? J L?,?., v C.4 JCL- I ?? ice. i WO, a,-- ?- Meeting Date:4/2/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint Councilmember Paul Gibson as Vice Mayor (consent) 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 # 12 ?- Meeting Date:4/2/2009 City Council Agenda Council Chambers - City Hall 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 # 13 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 Nteff-4113 SUBJECT / RECOMMENDATION: City Council Agenda Council Chambers - City Hall Meeting Date:4/2/2009 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 (US19) 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. Cover Memo Type: Capital expenditure Item # 14 Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Resolution 07-28 was passed on November 1, 2007, establishing the City's intent to reimburse certain Water &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 0376-96742, 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: 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 $1,929,092.70 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 # 14 ?a ti e2 e? V 0 V °n n n y ~ a v ?? 0 r- r,ri Z " I V o ? 0o y 0 rTl n A i m ti m i R-15-E R-16-E NF ?I O rn m m Q0 z cn rn?o Fri N O y y c?, rv y n rri -11 Do O DO O ? rn Z ? r R-15-E 1 Z y ? (? R-16-E n, rn ? C) °Q O Z ? O O C ul C` no y rn = Q a -ti rn r r Ca r o ? ro ?`? DO ??12 00? non X22 ogm a C o m n?in n2?'' ?g? ?` C n??x m? x= 2rn ?? r Aiin az? ° waoC n ny ''?ncn m=r-pZo m ocn N~? rn rnO u, x rn??v o n o ° ?o i OOO a n v iv i ? ? 20 rn cncn?nrnrn rnrnrn aaorn ? n n?? rn r ~ ~ rr 222r r r n cno(7) or a ( n i i m rn n nn mmo r1 y r rri :D rn rTl o r- o -t,oon cn rrl ? ??? rn rn n n n m o0 rr, r" 0 ? n rn ? o-r,oo rn r ` m o z as m o rn rn 00 s y n 0 m 0 rno n a rnl n O L n O Ul CY) Oo Oo I TI ( J I O Co i 0 n r O O Z I l_ 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 # 14 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 # 14 Attachment number 3 Page 2 of 2 3. All deposits shall be made payable to the Department of Financial Services, Revenue Processina 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. NUMBERm # 14 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 Ntteffi-#314 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 Ndecd9-#314 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 111-=: 11 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 # 14 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. 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. If any facilities of the UAO located within the project limits are discovered after work on the project commences to be qualified for relocation at the FDOT's expense, but not previously identified as such, the UAO shall file a claim with the FDOT for recovery of the cost of relocation thereof. The filing of the claim shall not necessarily entitle the UAO to payment, and resolution of the claim shall be based on a determination of fault for the error. The discovery of facilities not previously identified as being qualified for relocation at the FDOT's expense shall not invalidate this Agreement. k. The UAO shall fully cooperate with all other right of way users in the preparation of the Plans Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner determined by the FDOT. Upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or publicly owned rail corridor under and pursuant to the Utility Permit: to be 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 # 14 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. 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 # 14 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 # 14 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 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. The FDOT may withhold payment of surplus funds to the UAO until final resolution (including any actual payment required) of all claims relating to the Utility Work. The right to withhold shall be limited to actual claim payments made by the FDOT to the FDOT's contractor. 5 Out of Service Facilities No Facilities shall be placed out of service unless specifically identified as such in the Plans. The following terms and conditions shall apply to Facilities placed Out-of-Service: a. The UAO acknowledges its present and continuing ownership of and responsibility for out of service Facilities. b. The FDOT agrees to allow the UAO to leave the Facilities within the right of way subject to the continuing satisfactory performance of the conditions of this Agreement by 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. 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 # 14 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 # 14 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. 8. 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 # 14 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. f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: Mr. 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. CertiTica 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 # 14 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 # 14 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:4/2/2009 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 Item # 15 Resolution 07-28 was passed on November 1, 2007, establishing the City's intent to reimburse certain Water &amp;amp;amp;amp;amp;amp;amp; Sewer Utility project costs incurred with future tax-exempt financing. The projects identified witl 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;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: 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 $2,084,622.90 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 # 15 R 15 E R /6 E ST. NNNNN 112 mmmmmx.^~J N NN?i?2 L ?OA A, l NOv (n NNn? m T- all ?I?rym? cnac?c? M ? n 4rnC+2p erg' y mn ? ? r? y y r? rF onnc o 2?Lm 2 cnnw? cn `non -I Ul In Ln Ln U7 To FETY o g n z zoo y ?'? n y rn ????aaa-I -1?ar r- r- 222 h10 v -I rn rn rn V ? -I ?] = o m a y H O O 0 2 , 7 ) lL ? 2 Q 2 p x n ? ` -,-,-•L V t r - n V1 1 ?2rn n - : : I x i r m m m :E :E ? ° 'ornrn?rrl rri rri ~ nl r 2 2 2 rnaan cri cri c? r- a rn rn rn m a :73 3 :b ila z -I ? a a cnnac? cna0 ?? ?to con b + 03 ~ rn `? Ro? ? `I N ? . Sto nc? y ciao one C) 4 m r ao ?I II -l y : i rlo N ? ? -1 2 ono y ? . R, Ln ° O y D D cn? rn1Oc y Q* R Rohr ?o - 0 z - -1 tJl m -I y 0 CD N m YI 2 2 n?c? mrn X22 0 c _`+ Aga n m w C n n a n - n i y ?oornmrna car -TI Z N rri n O: z ? r rri Co D O ? ~ o o O = p ? O p y -? C31 O O ? C)o IV I I ? O O i o_ e yin ? y. i 0 0 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 # 15 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 # 15 Attachment number 3 Page 2 of 2 3. All deposits shall be made payable to the Department of Financial Services, Revenue Processina 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. NUMBERm # 15 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 Ntteffi-#415 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 NdeO9-#415 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 111-=: 11 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 # 15 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. 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. If any facilities of the UAO located within the project limits are discovered after work on the project commences to be qualified for relocation at the FDOT's expense, but not previously identified as such, the UAO shall file a claim with the FDOT for recovery of the cost of relocation thereof. The filing of the claim shall not necessarily entitle the UAO to payment, and resolution of the claim shall be based on a determination of fault for the error. The discovery of facilities not previously identified as being qualified for relocation at the FDOT's expense shall not invalidate this Agreement. k. The UAO shall fully cooperate with all other right of way users in the preparation of the Plans Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner determined by the FDOT. Upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or publicly owned rail corridor under and pursuant to the Utility Permit: to be 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 # 15 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. 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 # 15 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 # 15 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 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. The FDOT may withhold payment of surplus funds to the UAO until final resolution (including any actual payment required) of all claims relating to the Utility Work. The right to withhold shall be limited to actual claim payments made by the FDOT to the FDOT's contractor. 5 Out of Service Facilities No Facilities shall be placed out of service unless specifically identified as such in the Plans. The following terms and conditions shall apply to Facilities placed Out-of-Service: a. The UAO acknowledges its present and continuing ownership of and responsibility for out of service Facilities. b. The FDOT agrees to allow the UAO to leave the Facilities within the right of way subject to the continuing satisfactory performance of the conditions of this Agreement by 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. 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 # 15 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 # 15 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. 8. 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 # 15 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. f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: Mr. 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. CertiTica 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 # 15 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 # 15 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date:4/2/2009 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 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Approval: Manager 7) Clerk Cover Memo Item # 16 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: 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 ( ) 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 # 16 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 Work will 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. 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 # 16 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. Force Majeure Neither the UAO nor the FDOT shal I 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. Page 3 of 5 Item # 16 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 VII 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 # 16 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 # 16 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 # 16 Attachment number 2 Page 1 of 1 Engineer's Cost Estimate SR 55 (US 19) Whitney Rd to Seville, Pinellas County FPID: 256881-1-52-01 UAO: Clearwater Gas System, Inc. Removal of Out of Service Facilities by FDOT Contractor 1050-16 -002 Pie removal 2"-4.9" diam Unit LF Quantity 1377 Unit cost 25 Total $34,425 1050-15-002 Pipe (adjust, 2" - 4.9" diam LF 4316 25 $107,900 Subtotal $142,325 CEAICEI 5% $7,116 Subtotal $149,441 Conti er 10% $14,944 GRAND TOTAL $164,385 . Estimates based on plans 3111109. Estimates are subject to change. H.1UserMBBowen1256B81-1 US 19 Whitney to SevillelEngineer`s Cost Estimate Fbr CWG 256881-1 2 25 09AS Jt CJ 6 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 day of '2009. Frank V. Hibbard Mayor Approved as to form: Laura Mahony Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Resolution No. 09tTO # 16 ?- Meeting Date:4/2/2009 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: 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 Budget Adjustment: None Annual Operating Cost: 94,335 Total Cost: 94,335 Appropriation Code Amount Appropriation Comment 315-96377 94,335 Pinellas New Mains and Service Lines Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Approval: Manager 7) Clerk Cover Memo Item # 17 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: 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 # 17 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 Work will 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. 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 # 17 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. 5. Force Majeure Neither the UAO nor the FDOT shal I 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. C. This Agreement constitutes the complete and final expression of the parties with respect to the subject Page 3 of 5 Item # 17 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 VII 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 # 17 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 # 17 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 # 17 Attachment number 2 Page 1 of 1 Engineer's Cost Estimate Lump Sum SR 55 (US 19) Seville to SR 60, Pinellas County FPI D: 256881-2-52-01 UAO: Clearwater Gas System, Inc. Removal of Out of Service Facilities by FDOT Contractor Pa Item Description Unit Quantity Unit Cost Total 1050-16-002 Pie removal, 2"- 4.9" diam LF 3227 25 $80,675 1050-15-002 Pie adjust, 2" - 4.9" diam LF 40 25 $1,000 Subtotal $81,675 CENCEI 5% ) $4,084 Subtotal $85,759 Conti enc 10%0 $8,576 GRAND TOTAL $94,335 * Estimates based on Phase III plans 3/1112009. Estimates may be subject to change. KWserslBBowen1256881.2 Seville to SR 601Engineer's Cost Estimate For CWG12568B1-2_rev5.x1s ltevt *V 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. 09tT # 17 Attachment number 3 Page 2 of 2 PASSED AND ADOPTED this day of '2009. Frank V. Hibbard Mayor Approved as to form: Laura Mahony Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Resolution Nloe 5_1 7 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: City Manager Verbal Reports SUMMARY: Meeting Date:4/2/2009 Review Approval: 1) Clerk Cover Memo Item # 18 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Setting Budget Meetings SUMMARY: Meeting Date:4/2/2009 Review Approval: 1) Clerk Cover Memo Item # 19 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Other Council Action SUMMARY: Meeting Date:4/2/2009 Review Approval: 1) Clerk Cover Memo Item # 20