08/03/2009
WORK SESSION AGENDA
Council Chambers - City Hall
8/3/2009 - 9:00 AM
1. Financial Services
1.1Approve settlement of the liability claim of Waltraud Goetz for payment of $52,500.
Attachments
1.2Declare the attached list of vehicles surplus to the needs of the City and authorize sale to the highest
bidder at the Tampa Machinery Auction, Tampa Florida, and authorize appropriate officials to execute
same.
Attachments
1.3Transfer $397,506.98 from Fund 590 Central Insurance Fund reserves to reimburse Fund 362 for negative
interest earnings allocations associated with Beach Walk construction disbursements. (consent)
Attachments
2. Marine and Aviation
2.1Approve Florida Boating Infrastructure Grant Agreement with the Florida Fish and Wildlife Conservation
Commission (FWC)for the Downtown Boat Slips.
Attachments
2.2Approve a contract with URS Corporation in the amount of $235,250 for the remediation action plan
cleanup of the ground water at the Clearwater Airpark.(consent)
Attachments
3. Parks and Recreation
3.1Approve a recommendation by the Public Art and Design Board for the commission of a public art glass
installation entitled “Untitled” to be installed at the Clearwater Beach Recreation Center and Library, as
designed by artist Catherine Woods for a total cost of $8,108 and transfer $4,000 from Cultural Affairs
Operating Budget 010-01850 to CIP 325-93265 at third quarter. (consent)
Attachments
3.2Ratify and confirm the City Manager’s approval to increase the landscape maintenance contract with
“Earth Designs” from $166,312 to $266,832 for additional landscape services.
Attachments
3.3Approve the proposed artworks for “Sculpture360: Season II – Art in the Cleveland Street District” and
the expenditure of $3,000 from the Public Art Discretionary Fund to supplement the Sculpture360 project
budget. (consent)
Attachments
4. Police
4.1Approve a contract in the amount of $583,270.50 with the Pinellas County Sheriff’s Office, Largo,
Florida for latent fingerprint, crime scene processing, evidence and property storage and Pinellas Juvenile
Assessment Center services, during the one year contract period commencing October 1, 2009, through
September 30, 2010 and authorize the appropriate officials to execute same. (consent)
Attachments
5. Solid Waste/General Support Services
5.1Approve a Contract (Blanket Purchase Order) to Wingfoot Commercial Tire of Clearwater, FL for an
amount not to exceed $250,000 for the purchase of Goodyear tires for City Motorized equipment during
the contract period September 1, 2009 through August 31, 2010 in accordance with Sec. 2.56(1)(d), Code
of Ordinances - other governmental bid and authorize the appropriate officials to execute same. (consent)
Attachments
6. Engineering
6.1Award a contract to Keystone Excavators, Inc., of Oldsmar, Fl, for the construction of Alligator Creek
Channel F Drainage Improvements (Project 03-0028-EN) in the amount of $1,432,233.00, which is the
lowest responsible bid in accordance with the plans and specifications and authorize appropriate officials
to execute the same. (consent)
Attachments
6.2Ratify and confirm supplement work order 4 to Wade-Trim, Engineer-of-Record, in the amount of
$78,810.00 for various additional services provided throughout the course of the Downtown Boat Slip
project and authorize the appropriate officials to execute same. (consent)
Attachments
6.3Authorize the City to enter into an agreement with CSX Transportation, Inc., for installation of a raw
water main in the CSX right-of-way as part of the Water Treatment Plants 1 and 3 Wellfield Expansion
Project Phase II-Raw Water Mains; and approve Pipeline Crossing Agreement CSX-632023, authorize the
appropriate officials to execute same and adopt Resolution 09-30.
Attachments
6.4Accept and approve a "Right of Entry" Agreement between the City of Clearwater and the Florida
Department of Transportation (FDOT), for maintenace related to the Memorial Causeway Bridge and
authorize appropriate officals to execute same.
Attachments
6.5Approve a Jones Edmunds and Associates, Inc. Work Order for Engineering Services of the Pump Station
Replacement at Marshall Street Advanced Pollution Control Facility (APCF)at a cost of $109,680.00 and
authorize the appropriate officials to execute same. (consent)
Attachments
6.6Approve providing additonal funding of $363,297 to the US Army Corps of Engineeers (USACOE) for
the Stevenson Creek Estuary Restoration Project, bringing the total City share of the project cost to
$2,687,637. (consent)
Attachments
7. Planning
7.1Approve Development Agreement between Decade Companies Income Properties (the property owner)
and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under
Beach by Design and adopt Resolution 09-23.
Attachments
8. Legal
8.1Adopt Ordinance No. 8071-09 on second reading, annexing certain real property whose post office
address is 2382 Dora Drive into the corporate limits of the city and redefining the boundary lines of the
city to include said addition.
Attachments
8.2Adopt Ordinance 8072-09 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 2382 Dora Drive, upon annexation into the City of Clearwater, as Residential Low (RL).
Attachments
8.3Adopt Ordinance No. 8073-09 on second reading, amending the Zoning Atlas of the city by zoning
certain real property whose post office address is 2382 Dora Drive, upon annexation into the City of
Clearwater, as Low Medium Density Residential (LMDR).
Attachments
8.4Amend Section 2.263(1), Code of Ordinances, to provide for no salary increase for the mayor and
councilmembers in 2010 and pass Ordinance 8087-09 on first reading.
Attachments
8.5Amend Resolution 97-43 to allow naming portions of recreation facilities to honor individuals and adopt
Resolution 09-31.
Attachments
8.6Authorize settlement of The Complete Angler, LLC, et al. v. City of Clearwater, a first amendment case,
in the amount of $55,000.00, and authorize the City Manager to execute the Consent Judgment and
Settlement Agreement. (consent)
Attachments
8.7Continue to September 3, 2009 the second reading of TA2009-01002.
Attachments
9. City Manager Verbal Reports
9.1City Manager Verbal Reports
Attachments
10. Council Discussion Items
10.1Problematic Uses - Councilmember Gibson
Attachments
10.2Proposed amendment to Temporary Use Ordinanace
Attachments
11. Other Council Action
11.1Other Council Action
Attachments
12. Adjourn
13. Presentation(s) for Council Meeting
13.1Clearwater Neighborhoods Coalition - Citizens Guide to Code Enforcement
Attachments
13.2Home of the Quarter, Business of the Quarter, and Neighborhood of the Quarter
Attachments
13.3Proclamation: Making a Difference Fishing Tournament Day
Attachments
13.4Proclamation: United States Coast Guard Week in Clearwater in recognition of 219th birthday.
Attachments
13.5 US Highway 19 Presentation by Scott Collister, District Director for Transportation Development, Florida
Department of Transportation
Attachments
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Approve settlement of the liability claim of Waltraud Goetz for payment of $52,500.
SUMMARY:
On January 20, 2009, Ms. Waltraud Goetz was a passenger in a vehicle driven by her husband. Ms. Goetz was wearing a seat belt. A
city solid waste truck failed to yield to the Goetz vehicle and struck the Goetz vehicle on the passenger side door. Our solid waste
employee was stopped at a stop sign and did not see Mr. Goetz approaching and pulled into the path of Mr. Goetz.
Ms. Goetz sustained injuries to her back and neck. An MRI showed herniated discs at C5-6 and C6-7, and a two level anterior
discectomy and fusion have been recommended by her treating neuro surgeon Ms. Goetz’s current medical is approximately $5,500,
and the anticipated cost of the cervical surgery is in excess of $50,000.
The City’s limit of liability as provided by Section 768.28, Florida Statutes is $100,000. The City’s Risk Management Division and
City’s Claims Committee recommend this settlement.
Funding for the payment of this settlement is available in the budget for claims expense in the Central Insurance Fund.
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$52,500 Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year:9/302008 to 9/30/2009
Appropriation Code Amount Appropriation Comment
0590-70000-545900-519-
000-0000
$52,500
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
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Declare the attached list of vehicles surplus to the needs of the City and authorize sale to the highest bidder at the Tampa Machinery
Auction, Tampa Florida, and authorize appropriate officials to execute same.
SUMMARY:
All vehicles have been replaced as necessary and are no longer required.
Surplus Items #3, a 1995 Ford F350 and #11, a 2004 Westward Go-4 were replaced with used vehicles turned-in through the budget
process.
Surplus list Item #4, a 1998 Ford Ranger was eliminated through the budget process and will not be replaced.
Tampa Machinery Auction is the Tampa Bay Area Purchasing Cooperative Auctioneer of Record
Type:Other
Current Year Budget?:No Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Appropriation Code Amount Appropriation Comment
0566-00000-364413-000-
0000
To be
determined
Sale proceeds
Bid Required?:No Bid Number:
Other Bid / Contract:Bid Exceptions:None
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
Surplus for August 6, 2009 City Council Meeting
REASON FOR
ITEM #Asset#YEARDESCRIPTIONSERIAL NUMBERMILEAGE SURPLUS / DISPOSAL
1G02591987Sutphen 85 ft. Aerial Fire Truck1S9A3KFE8H100347687163Age/Condition
2G02641990Spartan/Quality Fire Engine 4S7BT9L08LC002886 115198Age/Condition
3G14581995Ford F350 Transport/Utility Body1FDKF37F5SNA57248100092Condition/Replaced w/used
4G20141998Ford Ranger Ext. Cab Pickup1FTR14U1WPB4396978766Budget Elimination/Not Repl
5G21691999GMC Sonoma Pickup Truck1GTCS19XXX853156889450Age/Condition/Replaced
6G22162000Ford F350 Flatbed Dump truck1FDWF36S6YEB5871396674Age/Condition/Replaced
7G2242 2002Sterling LT7500 w/VacCon Body2FZAATAK92AK1401452408 Age/Condition/Replaced
8G22702000Chevrolet Express Cargo Van1GCHG35R5Y124052896444Age/Condition/Replaced
9G25432002Chevrolet 3500 HD w/Utliity Body3GBKC34G52M115898106147Age/Condition/Replaced
10G26402003Chevrolet Silverado 1500 P/U1GCEC14V53Z29388695092Age/Condition/Replaced
11G27942004Westward Go-4 Utility Vehicle2W9MPH5553PO4425936380Bad Trans/Replaced w/used
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Transfer $397,506.98 from Fund 590 Central Insurance Fund reserves to reimburse Fund 362 for negative interest earnings allocations
associated with Beach Walk construction disbursements. (consent)
SUMMARY:
The original budget for Beach Walk construction to be funded from tax-exempt bond proceeds was $14 million which was eventually
reduced to $3,750,000 through additional funding from grants, developer contributions, and other available City funds.
Reimbursement resolution 06-08 provided for the disbursements for certain budgeted Beach Walk construction costs be advanced from
cash available in other funds and later reimbursed from bond proceeds when the 2008 bonds were issued.
The expenditures occurring in the beachwalk project in Fund 362 during Fiscal Years 2006, 2007, and most of 2008 created negative
cash balances in the fund during those years prior to the bond issuance, resulting in negative interest earnings allocations totaling
$397,506.98 ($6, 018.23 in FY06, $105,717.27 in FY07, and $285,771.48 in FY08). In retrospect, those negative interest earnings
allocations should have been netted against positive interest earnings in Fund 590 reducing the recorded positive earnings in Fund 590.
Fund 362 is somewhat unusual in the fact that it was a combination governmental (Beach Walk) and enterprise fund (Boat Slips)
construction fund, a factor that contributed to the negative interest allocation. Enterprise fund construction funds do get negative interest
allocations and governmental construction funds do not.
Fund 590 has adequate reserves to cover this transfer and will result in Fund 590 reserves being reduced to the amount that it would
have been had the negative interest allocations in Fund 362 been properly netted with the positive interest earnings in Fund 590.
Type:Other
Current Year Budget?:No Budget Adjustment:None
Budget Adjustment Comments:
Transfer reserves of $397,506.98 from Fund 590 to fund 362-92267
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
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
Impact of Proposed Correction of Fund 362 Negative Interest Allocation
Impact on Fund 590 Annual Interest Allocation
Actual Revised
Fund 590 Fund 362 Fund 590
Allocated Allocated Allocated
Interest Earnings Interest Earnings Interest Earnings
2006 1,102,835.00 (6,018.23) 1,096,816.77
2007 1,420,051.00 (105,717.27) 1,314,333.73
2008 1,743,011.29 (285,771.48) 1,457,239.81
4,265,897.29 (397,506.98) 3,868,390.31
Impact on Fund 590 Fiscal Year End Unreserved Net Assets
Unadjusted Fund 362 Adjusted
Fund 590 Interest Fund 590
Unrestricted Allocation Unrestricted
Net Assets Adjustment Net Assets
2006 24,688,290.99 (6,018.23) 24,682,272.76
2007 29,988,707.96 (105,717.27) 29,882,990.69
2008 33,965,396.96 (285,771.48) 33,679,625.48
(397,506.98)
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Approve Florida Boating Infrastructure Grant Agreement with the Florida Fish and Wildlife Conservation Commission (FWC)for the
Downtown Boat Slips.
SUMMARY:
The Marine & Aviation Department applied for and received notification that they are eligible to receive grant funding from the Florida
Fish and Wildlife Conservation Commission (FWC) under their Boating Infrastructure Grant Program.
This program provides funds from the U.S. Fish and Wildlife Service to the States to install or upgrade tie-up facilities for transient
recreational boats 26 feet or more in length. The City of Clearwater Downtown Boat Slips project was one of 32 proposals from 19
states seeking a combined total of $22.8 million of federal funding. In a year when only $9.5 million was available, Clearwater was
awarded over $1.2 million dollars, one of nine cities nationwide to receive funds and the only city in Florida to be awarded funds in
2007.
A project is eligible for funding if it proposes to construct, renovate, and maintain publicly owned boating infrastructure tie-up
facilities. To be eligible you must:
- Build these tie-up facilities on navigable waters, available to the public and design the new construction and renovations to last at
least 20 years;
- Design these tie-up facilities for temporary use for transient non-trailerable recreational vessels;
- Build these tie-up facilities in water deep enough for non-trailerable recreational vessels to navigate (a minimum of 6 feet of
depth at the lowest tide or other measure of lowest fluctuation);
- Provide security, safety, and service for these boats; and,
- Install a pump-out station, if constructing a facility for overnight stays.
A project is ineligible for funding if the tie-up slips available for occupancy are for more than 10 consecutive days by a single
party. The FWC believes this gives more transient guests the opportunity to stay.
Applicants are required to provide 25% matching funds. Of the estimated $11 million cost of the construction portion of the downtown
boat slips project, approximately $5 million was estimated to be the transient portion applicable to the grant program. The City
submitted a request and was approved for $1,236,097 of the estimated $5 million transient portion.
The Agreement, unless modified by mutual consent of both parties, binds the parties for a period of 20 years or as stipulated in the
Agreement.
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Cover Memo
Review
Approval:
1) Financial Services 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Manager
ED 7) Clerk 8) City Manager 9) Clerk
Cover Memo
FWC Contract No.
Page 1 of 11
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
BOATING INFRASTRUCTURE GRANT PROGRAM
GRANT AGREEMENT
THIS AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, FL 32399-
1600 hereafter “COMMISSION,” and the City of Clearwater, whose address is 25 Causeway Boulevard,
Clearwater, Florida 33767, hereafter “GRANTEE,” to conduct a project entitled City of Clearwater
Downtown Boat Slips, hereinafter referred to as the "Project," under the Boating Infrastructure Grant
Program, hereinafter referred to as the "Program."
NOW THEREFORE, the COMMISSION and the GRANTEE, for the considerations hereafter
set forth, agree as follows:
PROJECT DESCRIPTION
It is understood and agreed the GRANTEE shall complete the Project, as described in Attachment A-1,
Boating Infrastructure Grant Program Application for Clearwater Downtown Boat Slips 2006 Tier II
attached hereto and made a part hereof. Also during Phase I, the COMMISSION shall reimburse the
GRANTEE for the costs of construction upon satisfactory completion and approval of the Project by the
COMMISSION as provided herein. All activities must be completed during the time span provided
herein for that portion of the Agreement. The parties shall cooperate in the ongoing and continuous
management of the Project under the terms and conditions provided herein
DUTIES OF THE GRANTEE
2. The GRANTEE shall perform the services and specific responsibilities as set forth in Attachment
A, entitled Scope of Services attached hereto and made a part hereof.
3. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by
the COMMISSION. Any and all such equipment, products or materials necessary to perform
these services, or requirements as further stated herein, shall be supplied by the GRANTEE. The
GRANTEE shall perform as an independent GRANTEE and not as an agent, representative or
employee of the COMMISSION.
4. The GRANTEE shall commence work on the Project within six (6) months of execution of this
Agreement. Failure by the GRANTEE to begin work shall constitute a breach of the Agreement
and result in termination of the Agreement by the COMMISSION.
5. The GRANTEE agrees to construct, operate and maintain the “Project” according to all
provisions of Attachment B, Boating Infrastructure Grant Program Final Rule, 50 CFR Part 86,
attached and made part of this Agreement as Attachment B.
6. PERMIT REQUIREMENTS: GRANTEE agrees to follow and abide by all requirements of
permits for this project.
7. SITE DEDICATION AND CONVERSION: Grantee shall ensure that facilities built pursuant
to this Agreement must be substantial structures lasting at least 20 years and operated and
maintained for their intended purpose during that period. The GRANTEE agrees that land owned
Attachment number 1
Page 1 of 11
Page 2 of 11
by the GRANTEE that is developed with Program funds shall be dedicated for a minimum of
twenty (20) years as a site for the use and benefit of the public. The dedication shall be recorded
in public property records by the GRANTEE. Land under control other than by ownership by the
GRANTEE (i.e. lease, management agreement, cooperative agreement, inter-local agreement or
other similar instrument) and developed with Program funds shall be managed by the GRANTEE
for a minimum period of twenty (20) years from the completion date set forth in the Project
Certification of Completion. Title to all improvements shall be retained by the GRANTEE upon
final payment by the COMMISSION.
8. Should the GRANTEE, within the 20-year period set forth above, convert all or any part of the
Project to other than COMMISSION approved uses, the GRANTEE shall replace the area,
facilities, resource or site at its own expense with a Project acceptable to the COMMISSION of
comparable scope and quality. In the event the Project is converted to use for other purposes
during this period and not replaced with a like Project acceptable to the COMMISSION, the
GRANTEE agrees to return to the COMMISSION all funds tendered for the original Project.
9. ACKNOWLEDGEMENT: The GRANTEE, at its expense, shall purchase, erect and maintain a
permanent sign, not less than 4 feet by 8 feet in size, displaying the COMMISSION’s official
logo and, approved by the COMMISSION, identifying the COMMISSION as a funding source
for the Project. Also, the Sport Fish Restoration Fund logo and the Boating Infrastructure Grant
Program must be included in such acknowledgement. This acknowledgement shall be maintained
for a period of 20 years or the duration of the Agreement. Failure by the GRANTEE to maintain
such acknowledgement shall be considered a breach of this Agreement.
10. SIGNAGE: The GRANTEE, at its expense, shall purchase, erect and maintain directional signs,
approved by the COMMISSION, on main public highways to direct public users to each boating
facility funded through the Program. The GRANTEE agrees to provide and maintain such signs
at its expense for a period of 20 years or the duration of the Agreement. Failure by the
GRANTEE to erect and maintain such signs shall be considered a breach of this Agreement.
11. OPERATION AND MAINTENANCE: For Phase II of the Agreement, which shall include the
entire term of the Agreement, the GRANTEE shall provide and be responsible for any and all
costs associated with ordinary and routine operations and maintenance of the Project, including
any and all personnel, equipment or service and supplies costs beyond the costs approved for
reimbursement in Phase I of this Agreement.
12. The GRANTEE shall assume responsibility for provision of any and all ongoing maintenance and
operation activities necessary to protect, preserve and provide quality boating facilities
constructed through the use of Program funds for use and enjoyment by the public. Any
significant events (vandalism, flood, fire, or closures) that require corrective actions shall be
promptly reported to the COMMISSION.
13. THIRD PARTY AGREEMENTS: Grantee agrees that facilities operated or maintained by third
parties must be covered by a written agreement [50 CFR 80.20]. The agreement must include a
provision that revenues from user fees must be used to offset operation and maintenance costs
and a stipulation prohibiting uses of the facility that may conflict with its intended purposes [50
CFR 80.14(b) (2) ; 80.14(c)].
14. COMMISSION ACCESS: The GRANTEE shall allow unencumbered access to the Project site
to the COMMISSION, its employees or agents for the duration of the Agreement for the purpose
of site visit or inspection to verify the facility is being maintained, in operation and is open and
Attachment number 1
Page 2 of 11
Page 3 of 11
available to the public. As part of the inspection, the COMMISSION may request maintenance
and use information from the GRANTEE to validate the condition of the facility.
15. COST OVERRUNS: The GRANTEE shall make every effort to avoid cost overruns on
Phase I of the Project. If the total cost of Phase I of the Project exceeds the grant amount
and any matching funds, the GRANTEE shall assume liability for all additional costs.
GRANTEE ELIGIBILITY
16. The GRANTEE shall be licensed as necessary to perform under this Agreement as may be
required by law, rule, or regulation, and shall provide evidence of such compliance to the
COMMISSION upon request.
17. By acceptance of this Agreement, the GRANTEE warrants that it has the capability in all respects
to fully perform the Agreement requirements and the integrity and reliability that will assure
good-faith performance as a responsible recipient.
18. PROFESSIONAL ENGINEERING: All engineering must be completed by a professional
engineer or architect registered in the State of Florida. All work must meet or exceed
minimum design standards and guidelines established by all applicable local, state and
federal laws.
DUTIES OF THE COMMISSION
19. The COMMISSION shall, within budgetary constraints inspect the Project site prior to and during
the construction of the Project. The GRANTEE shall notify the COMMISSION when the Project
has reached substantial completion so that inspection may occur in a time frame allowing for the
timely submission and processing of the final invoice. The COMMISSION shall inspect the
work accomplished on the Project and, if deemed complete and in compliance with the terms of
the Agreement, approve the request for payment.
TERM OF AGREEMENT
20. This Agreement shall begin upon execution by both parties and end 20 years after the Phase I
completion date, inclusive. However, the GRANTEE shall complete all Phase I project
services on or before March 31, 2011. Under Phase I, the GRANTEE'S final invoice must be
received by the COMMISSION no later than 30 days after the Phase I completion date. Failure
by the GRANTEE to execute this Agreement within 120 days of formal COMMISSION
approval shall render the award of Program funds null and void, and shall result in
termination of this Agreement.
COMPENSATION
21. As consideration for the services rendered by the GRANTEE under the terms of this Agreement,
the COMMISSION shall compensate the GRANTEE on a cost reimbursement basis in an amount
not to exceed $1,236,097.
Attachment number 1
Page 3 of 11
Page 4 of 11
PAYMENTS
22. The total approved estimated project cost for Phase I of the Tier II project Clearwater
Downtown Boat Slips is $4,956,664. The COMMISSION agrees to reimburse the GRANTEE
for an amount not to exceed $1,236,097 for satisfactory completion by the GRANTEE of Phase I
of this project as indicated on the attached Grant agreement between the COMMISSION and the
US Fish and Wildlife Service. The GRANTEE agrees to provide a minimum of $3,720,567
toward completion of Phase I of the project, and shall be responsible for any additional costs that
exceed the total approved estimated project cost for Phase I. The COMMISSION shall provide
funds to the GRANTEE on a cost reimbursement basis in the form of a single payment made
within 30 days of receipt and approval of a properly certified invoice. The GRANTEE
understands and agrees that there shall be no reimbursement of funds for expenses incurred prior
to the execution of this Agreement unless a retroactive waiver for Project work has been
approved by the COMMISSION.
23. Program funds shall be disbursed to the GRANTEE only after pre-approved phase or final
completion of Phase I of the Project occurs and work is verified by COMMISSION staff.
Payment will be made only for documented and verified costs. The COMMISSION will not
pre-approve or disburse any Program funds in advance. Failure to complete the Project
and make final payment request to the COMMISSION within the stipulated period shall
result in termination of this Agreement. Any funds not disbursed or expended by the end of
the stipulated period are subject to the provisions of Chapter 216.301, Florida Statutes.
24. No travel expenses are authorized under the terms of this Agreement.
25. The GRANTEE shall be reimbursed on a cost reimbursement basis in accordance with
Comptroller Contract Payment Requirements as shown in the Department of Financial Services,
Bureau of Accounting and Auditing, Voucher Processing Handbook, Chapter 4., C., I., attached
hereto and made a part hereof as Attachment C.
26. For Agreements whose term extends beyond the State fiscal year in which encumbered funds
were appropriated, the State of Florida's performance and obligation to pay is contingent upon an
annual appropriation by the Legislature.
27. Invoices, including backup documentation, shall be submitted to:
Boating Infrastructure Grant Program
Florida Fish and Wildlife Conservation Commission
Division of Law Enforcement
620 South Meridian Street
Tallahassee, FL 32399-1600
DEFICIENCIES
28. Any Phase I Project deficiencies, as noted in the final Project inspection, shall be corrected by the
GRANTEE prior to final Project acceptance and payment by the COMMISSION. The
COMMISSION may restrict any or all payment of Program funds pending correction of such
deficiencies.
Attachment number 1
Page 4 of 11
Page 5 of 11
TERMINATION
29. This Agreement shall terminate immediately upon the COMMISSION giving written notice to
the GRANTEE in the event of fraud, willful misconduct, or breach of this Agreement.
30. The COMMISSION may terminate this Agreement at any time with or without cause by a written
notice by certified mail, return receipt requested, from the COMMISSION to the GRANTEE.
Upon receipt of such notice, the GRANTEE shall, unless the notice directs otherwise,
immediately discontinue all work and services.
31. Upon termination of this Agreement, the GRANTEE shall promptly render to the COMMISSION
all property belonging to the COMMISSION. For the purposes of this section, property
belonging to the COMMISSION shall include, but shall not be limited to, all books and records
kept on behalf of the COMMISSION.
TAXES
32. The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to
pay any taxes on the services or goods purchased under the terms of this Agreement.
NOTICE
33. Unless a notice of change of address is given, any and all notices shall be delivered to the parties
at the following addresses:
GRANTEE COMMISSION
William D. Morris, Marine & Aviation Director Patricia Harrell, Program Administrator
City of Clearwater Boating Infrastructure Grant Program
25 Causeway Blvd. Fish and Wildlife Conservation Commission
Clearwater, Florida 33767 Division of Law Enforcement
Phone: (727) 462-6954 x22 620 South Meridian Street
Fax: (727) 462-6957 Tallahassee, FL 32399-1600
Email: William.morris@myclearwater.com Phone: (850) 488-5600
Fax: (850) 488-9284
Email: BigP@MyFWC.com
AMENDMENT OR MODIFICATION
34. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein
contained shall be valid unless in writing and lawfully executed by the parties.
35. The COMMISSION may at any time, by written order designated to be a Modification, make any
change in the work within the general scope of this Agreement (e.g., specifications, schedules,
method or manner of performance, requirements, etc.). However, all Modifications are subject to
the mutual agreement of both parties as evidenced in writing. Any Modification that causes an
increase or decrease in the GRANTEE's cost or the term of the Agreement shall require a formal
amendment.
Attachment number 1
Page 5 of 11
Page 6 of 11
RELATIONSHIP OF THE PARTIES
36. The GRANTEE shall perform as an independent agent and not as an agent, representative, or
employee of the COMMISSION.
37. The GRANTEE covenants that it presently has no interest and shall not acquire any interest
which would conflict in any manner or degree with the performance of services required.
38. The parties agree that there is no conflict of interest or any other prohibited relationship between
the GRANTEE and the COMMISSION.
INSURANCE REQUIREMENTS
39. The GRANTEE warrants and represents that it is self-funded for liability insurance, appropriate
and allowable under Florida law, and that such self-insurance offers protection applicable to the
GRANTEE's officers, employees, servants and agents while acting within the scope of their
employment with the GRANTEE.
40. To the extent required by law, the GRANTEE will either be self-insured for Worker’s
Compensation claims, or will secure and maintain during the life of this Agreement, Workers'
Compensation Insurance for all of its employees connected with the work of this project. If any
work is subcontracted, the GRANTEE shall require the subcontractor similarly to provide
Workers' Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance
coverage shall comply fully with the Florida Workers' Compensation law. In case any class of
employees engaged in hazardous work under this Agreement is not protected under Workers'
Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide,
adequate insurance satisfactory to the COMMISSION, for the protection of his employees not
otherwise protected.
41. Employers who have employees who are engaged in work in Florida must use Florida rates, rules,
and classifications for those employees. In the construction industry, only corporate officers of a
corporation or any group of affiliated corporations may elect to be exempt from workers'
compensation coverage requirements. Such exemptions are limited to a maximum of three per
corporation and each exemption holder must own at least 10% of the corporation. Independent
contractors, sole proprietors and partners in the construction industry cannot elect to be exempt
and must maintain workers' compensation insurance.
CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES
42. This Agreement may be unilaterally canceled by the COMMISSION for refusal by the
GRANTEE 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 GRANTEE in
conjunction with this Agreement.
RECORD KEEPING REQUIREMENTS
43. The GRANTEE shall maintain accurate books, records, documents and other evidence that
sufficiently and properly reflect all direct and indirect costs of any nature expended in the
Attachment number 1
Page 6 of 11
Page 7 of 11
performance of this Agreement, in accordance with generally accepted accounting principles.
The GRANTEE shall allow the COMMISSION, the State, or other authorized representatives,
access to periodically inspect, review or audit such documents as books, vouchers, records,
reports, canceled checks and any and all similar material. Such audit may include examination
and review of the source and application of all funds whether from the state, local or federal
government, private sources or otherwise. These records shall be maintained for five (5) years
following the close of this Agreement. In the event any work is subcontracted, the GRANTEE
shall require each subcontractor to similarly maintain and allow access to such records for audit
purposes.
LIABILITY
44. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either
party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes.
NON-DISCRIMINATION
45. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be
excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to
discrimination in performance of this Agreement.
PROHIBITION OF DISCRIMINATORY VENDORS
46. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed
on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide
any goods or services to a public entity; may not submit a bid, proposal or reply on a contract
with a public entity for the construction or repair of a public building or public work; may not
submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded
or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity; and may not transact business with any public entity.
NON-ASSIGNMENT
47. This is an exclusive Agreement with the GRANTEE and may not be assigned in whole or in part
without the written approval of the COMMISSION.
PERFORMANCE AND REMEDIES
48. It is understood by the parties that remedies for damages or any other remedies provided for
herein shall be construed to be cumulative and not exclusive of any other remedy otherwise
available under law.
SEVERABILITY AND CHOICE OF VENUE
49. This Agreement has been delivered in the State of Florida and shall be construed in accordance
with the laws of Florida. Wherever possible, each provision of this Agreement shall be
interpreted in such manner as to be effective and valid under applicable law, but if any provision
of this Agreement shall be prohibited or invalid under applicable law, such provision shall be
Attachment number 1
Page 7 of 11
Page 8 of 11
ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of
such provision or the remaining provisions of this Agreement. Any action in connection
herewith, in law or equity, shall be brought in Leon County, Florida.
NO THIRD PARTY RIGHTS
50. The parties hereto do not intend nor shall this Agreement be construed to grant any rights,
privileges or interest to any third party.
JURY TRIAL WAIVER
51. As consideration of this Agreement, the parties hereby waive trial by jury in any action or
proceeding brought by any party against any other party pertaining to any matter whatsoever
arising out of or in any way connected with this Agreement.
PROPERTY/EQUIPMENT
52. The GRANTEE is not authorized to use funds provided herein for the purchase of any
non-expendable equipment or personal property valued at $1,000 or more for performance under
this Agreement.
FEDERAL/FLORIDA SINGLE AUDIT ACTS REQUIREMENTS
53. The Florida Single Audit Act requires all non-State organizations who are recipients of State
financial assistance to comply with the audit requirements of the Act, pursuant to Section 215.97,
Florida Statutes. In addition, recipients and sub-recipients of federal financial assistance must
comply with the Federal Single Audit Act requirements of OMB Circular A-133. Therefore, the
GRANTEE shall be required to comply with the audit requirements outlined in Attachment D,
titled Requirements of the Federal and Florida Single Audit Acts, attached hereto and made a part
of the Agreement, as applicable.
54. In accordance with Section 216.347, Florida Statutes, the GRANTEE is hereby prohibited from
using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial
branch or a state agency.
CERTIFICATE OF COMPLETION
55. The GRANTEE will be required to complete the Certification of Completion Statement form
when all work has been completed and accepted. This form must be submitted to the
Commission’s Program Administrator with the GRANTEE's invoice for payment to be
authorized. The Commission’s Program Administrator shall submit the executed form with the
invoice to Accounting Services.
FEDERAL FUNDS
56. This Agreement is funded in whole or in part by a grant from the Department of the Interior, Fish
and Wildlife Service, CFDA #15.622. Therefore, the GRANTEE shall be responsible for
complying with all federal grant requirements as provided in the grant, a copy of which is
attached hereto and made a part hereof as Attachment A-1. It is understood and agreed that the
Attachment number 1
Page 8 of 11
Page 9 of 11
GRANTEE is not authorized to expend any federal funds under this Agreement to a federal
agency or employee without the prior written approval of the Department of the Interior, Fish and
Wildlife Service.
57. The GRANTEE acknowledges that by entering into this Agreement and accepting the benefits
and duties imposed hereunder, it occupies the status of a sub-grantee or sub-recipient of Federal
Aid Funds, and is therefore obligated, and hereby agrees to comply with all Acts of Congress and
applicable regulations pertaining thereto.
58. By acceptance of this Agreement, the GRANTEE agrees to comply with the requirements of Title
VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, as amended,
the 1990 American Disabilities Act, and further agrees to cooperate with the COMMISSION in
all aspects of compliance with all laws relating to use of Program funds.
59. In the event of a penalty being imposed by the Department of Interior due to GRANTEE'S non-
compliance with applicable Federal Aid regulations, GRANTEE agrees to indemnify the
COMMISSION for any such penalties. If the GRANTEE does not comply with Federal Aid rules
and the Boating Infrastructure Grant Program Final Rule, 50 CFR, Part 86, (Attachment B) the
GRANTEE agrees to reimburse the entire grant amount of $1,236,097 for the boating facilities
improvements.
DEBARMENT AND SUSPENSION
60. In accordance with Executive Order 12549, Debarment and Suspension, the GRANTEE shall
agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by
any Federal department or agency; and, that the GRANTEE shall not knowingly enter into any
lower tier contract, or other covered transaction, with a person who is similarly debarred or
suspended from participating in this covered transaction, unless authorized in writing to the
COMMISSION by the federal agency issuing the grant award.
61. Upon execution of this Agreement by the GRANTEE, the GRANTEE shall complete, sign and
return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility
and Voluntary Exclusion - Lower Tier Federally Funded Transactions", attached hereto and made
a part hereof as Attachment E.
62. As required by paragraphs 61 and 62 above, the GRANTEE shall include the language of this
section, and Attachment E in all subcontracts or lower tier agreements executed to support the
GRANTEE's work under this Agreement.
PROHIBITION AGAINST LOBBYING
63. The GRANTEE certifies that no Federal appropriated funds have been paid or will be paid, on or
after December 22, 1989, by or on behalf of the GRANTEE, to any person for influencing or
attempting to influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress, in connection with the
awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative
agreement. If any non-Federal funds are used for lobbying activities as described above in
connection with this Agreement, the GRANTEE shall submit Standard Form-LLL, "Disclosure
Form to Report Lobbying", and shall file quarterly updates of any material changes. The
Attachment number 1
Page 9 of 11
Page 10 of 11
GRANTEE shall require the language of this certification to be included in all subcontracts, and
all subcontractors shall certify and disclose accordingly.
64. Pursuant to the Lobbying Disclosure Act of 1995, the GRANTEE agrees to refrain from entering
into any subcontracts under this Agreement with any organization described in Section 501(c)(4)
of the Internal Revenue Code of 1986, unless such organization warrants that it does not, and will
not, engage in lobbying activities prohibited by the Act as a special condition of the subcontract.
SOLICITATION
65. The GRANTEE warrants that it has not employed or retained any company or person, other than
a bona fide employee working solely for the GRANTEE to solicit or secure this Agreement and
that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other
than a bona fide employee working solely for the GRANTEE any fee, COMMISSION,
percentage, gift or other consideration contingent upon or resulting from the award or making of
this Agreement.
ENTIRE AGREEMENT
66. This Agreement with all incorporated attachments and exhibits represents the entire agreement of
the parties. Any alterations, variations, changes, modifications or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing, and duly signed by each
of the parties hereto, unless otherwise provided herein.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Attachment number 1
Page 10 of 11
Page 11 of 11
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
through their duly authorized signatories on the day and year last written below.
CITY OF CLEARWATER FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
Mayor, designee* Executive Director, or designee
Date: Date:
Approved as to form and legality:
FWC Attorney
Address
City, State and Zip Code
*Provide documentation of designee authority
Federal Employer Identification Number: 59-600289
List of attachments included as part of this Agreement:
Attachment A: Scope of Services
Attachment A-1: Boating Infrastructure Grant Program Grant Application
Attachment B: Boating Infrastructure Grant Program Final Rule
Attachment C: Comptroller Contract Payment Requirements
Attachment D: Requirements of the Federal and Florida Single Audit Acts
Exhibit 1: Federal Resources Awarded to the Grantee Pursuant to this Agreement
Attachment E: Certification Regarding Debarments, Suspension, Ineligibility and Voluntary
Exclusion - Lower Tier Federally Funded Transactions
Attachment F: Certificate of Completion Statement Form
Attachment number 1
Page 11 of 11
Page 1 of 2
FWC Contract No.
ATTACHMENT A
Scope of Services
Boating Infrastructure Grant Program (BIGP)
Project – City of Clearwater
Downtown Boat Slips
INTRODUCTION
The City of Clearwater is developing a new recreational boat slip facility to expand boat access and
provide a facility located downtown adjacent to businesses and Coachman Park with direct access from
the Intracoastal Waterway. The Project will provide dock space for transient vessels, attract boaters to the
area, accommodate larger vessels, provide safe harborage, and provide amenities to serve transient
boaters.
TASK -
The GRANTEE shall be responsible for completing the following tasks:
Project Elements
Install 2600’ of linear docking with an integrated wave attenuation system
Upgrade the existing restroom facilities in the Drew Street Dock building and provide modern
showers and coin-operated laundry facilities
Provide a Dock master office/Welcome Center to serve as the information center for transient
boaters
Project Management
It is the GRANTEE'S responsibility to contract, manage and inspect all aspects of the Project.
REPORTING REQUIREMENTS
Activity Reports
The GRANTEE shall submit to the COMMISSION quarterly activity reports outlining the progress of
Phase I of the Project, identifying any problems that may have arisen, and actions taken to correct such
problems. Reports shall also include comparison of actual costs incurred with the Project Costs as
submitted in the Grant Application (Attachment A-1). Such reports shall be due by the 15th of the month
for each quarter to the COMMISSION'S Program Administrator until the Certification of Completion
form (Attachment F) is submitted.
Photographs
During Phase I, the GRANTEE shall provide progress and final photographs of any construction project
documenting satisfactory progress and completion prior to requesting payment from the COMMISSION.
Final photographs shall be submitted with the Certification of Completion form.
Attachment number 2
Page 1 of 2
Page 2 of 2
Certificate of Completion (Attachment F)
The GRANTEE will be required to complete the Certification of Completion Statement form when all
work has been completed and accepted. This form must be submitted to the Commission’s Program
Administrator with the GRANTEE's invoice for payment to be authorized.
INVOICES AND PAYMENTS
For satisfactory completion of the above services, the FWC agrees to pay the GRANTEE on a cost
reimbursement basis an amount not to exceed $1,236,097.
Request for Payment
For satisfactory performance under Phase I of this Agreement, the GRANTEE shall be paid upon
submission of properly certified invoice(s) to the COMMISSION. The request for payment shall consist
of an original invoice on the GRANTEE’S official letterhead, clearly marked as invoice, supported by an
itemized list, by category, as reflected in Attachment A-1, Grant Application, of all expenditures claimed.
Invoices shall contain detail sufficient for a proper pre-audit and post-audit thereof and shall contain
the Agreement number and the GRANTEE’S Federal Employer Identification number. An original
and three (3) copies of the invoice shall be submitted. The COMMISSION shall not provide advance
payment. Upon a desk audit review of the payment request, acceptance of the Project and receipt of all
Project closeout documentation, the COMMISSION shall process the final payment.
Budget Report
Along with the request for payment, the GRANTEE shall submit a final budget report showing all
expenditures by category as listed in Attachment A-1, Boating Infrastructure Grant Program, City of
Clearwater Downtown Boat Slips.
Attachment number 2
Page 2 of 2
Thursday,
January 18, 2001
Part VII
Department of the
Interior
Fish and Wildlife Service
50 CFR Part 86
Boating Infrastructure Grant Program;
Final Rule
VerDate 11<MAY>200021:00 Jan 17, 2001Jkt 194001PO 00000Frm 00001Fmt 4717Sfmt 4717E:\FR\FM\18JAR4.SGMpfrm08PsN: 18JAR4
Attachment number 3
Page 1 of 14
5282 Federal Register /Vol. 66, No. 12/Thursday, January 18, 2001/Rules and Regulations
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 86
RIN 1018–AF38
Boating Infrastructure Grant Program
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Final rule.
SUMMARY: This regulation provides for
the uniform administration of the
national Boating Infrastructure Grant
Program and survey authorized by
Section 7404 of the Sportfishing and
Boating Safety Act of 1998. Through this
program, the U.S. Fish and Wildlife
Service will provide funds to States to
install or upgrade tie-up facilities for
transient recreational boats 26 feet or
more in length.
DATES: This rule is effective on February
20, 2001.
ADDRESSES: The administrative record
for this rule, including copies of
comments received, is available for
viewing Monday through Friday, 8 am
to 4 pm, in the Division of Federal Aid,
4401 North Fairfax Drive, Room 140,
Arlington, VA 22203.
FORFURTHERINFORMATIONCONTACT:
Steve Farrell, Project Officer, U.S. Fish
and Wildlife Service, Division of
Federal Aid, 4401 North Fairfax Drive,
Suite 140, Arlington, Virginia 22203;
telephone (703) 358–2156; fax (703)
358–1705; email
<steve_farrell@fws.gov>.
SUPPLEMENTARYINFORMATION:
Background
Economic Status of Boating in the
United States
Historically, coastal and inland
waterways were the first highways along
our shores and into the interior of the
continent. Americans used boats almost
exclusively for transportation of people
and goods. Today we use more than 12
million recreational boats to cruise and
fish. Recreational boating is now a
significant economic activity in many
areas of the country and in many
respects exceeds that of waterborne
commerce. Given the present
demographic forces, we expect this rule
to have a positive economic impact by
adding facilities to accommodate larger
cruising boats.
Purpose of the Boating Infrastructure
Grant Program
Recreational boats 26 feet or more in
length, called ‘‘nontrailerable’’ boats,
represent about 4 percent, or more than
600,000, of the recreational boats in the
United States. Although we have
approximately 12,000 marinas in the
United States, Congress recognized that
insufficient tie-up facilities exist for
transient, nontrailerable boats for
reasonable and convenient access from
our navigable waters. These boaters are
unable to enjoy many recreational,
cultural, historic, scenic, and natural
resources of the United States. We also
have an insufficient quantity of marinas
or commercial tie-up facilities along
extended stretches of our coastlines and
rivers that benefit transient,
nontrailerable boats. In many parts of
the country, the number of places to tie-
up, moor, or anchor a cruising boat,
especially during a storm, is limited.
Basic features, such as tie-ups, fuel,
utilities, and restrooms, are often
nonexistent. As a result, Congress
passed the Sport Fishing and Boating
Safety Act of 1998 (16 U.S.C. 777g).
Under the Act, the U.S. Fish and
Wildlife Service conducts the Boating
Infrastructure Grant (BIG) Program. The
BIG Program will provide $32 million to
States and Territories over 4 years to
construct, renovate, or maintain tie-up
facilities for recreational boats 26 feet or
more in length.
This program will:
(a) Create dockage for transient
recreational boats 26 feet or more in
length for recreational opportunities and
safe harbors;
(b) Provide navigational aids for
boaters to use these facilities;
(c) Enhance access to recreational,
historic, cultural, natural, and scenic
resources;
(d) Strengthen local ties to the boating
community and its economic benefits;
(e) Promote public/private
partnerships and entrepreneurial
opportunities;
(f) Provide continuity of public access
to the shore; and
(g) Promote awareness of transient
boating opportunities.
The Act also directs us to:
(a) Develop a national framework or
methodology to conduct a boat access
needs assessment or survey to
determine the adequacy of facilities for
recreational boats of all sizes;
(b) Encourage States to complete the
boat access needs survey; and
(c) Complete a comprehensive
national assessment of boat access needs
and facilities (the assessment will be a
compilation of information from the
States’ surveys into a national report of
boat access needs).
Analysis of Public Comments and
Changes Made to the Proposed Rule
On January 20, 2000, the U.S. Fish
and Wildlife Service (Service) published
a proposed rule in the Federal Register
(65 FR 3331) and requested comments
on the proposed rule and information
collection for the national BIG Program.
The Service received 13 written
responses by the close of the comment
period on March 20, 2000. The
responses came from nongovernmental
organizations, a private individual, and
Federal and State employees and
agencies.
We received a total of 170 comments
from the 13 written responses covering
the following areas: survey (74), criteria
for selection (11), State plans (8),
clarifications (3), suspected
typographical errors (3), and comments
of a general nature (71). We may not
reflect these actual numbers in the list
below due to combining similar
comments or questions. We have
addressed all of the comments in this
section of the preamble and made any
necessary changes to the proposed rule.
As a result, some sections of the
proposed rule were combined or
eliminated. Comments pertaining to the
proposed information collection are
addressed under Substantive
Comments, Issues 1 through 9.
The following is clarification or
analysis and reporting of any substantial
changes to the rule that the Service
made in response to these comments.
The Service also corrected other minor
errors in the proposed rule, as described
below.
Minor Changes
In §86.12(n), in response to a
comment asking us to define
‘‘transient,’’ we are adding the following
definition, ‘‘Passing through or by a
place, staying 10 days or less.’’
In §86.13(d), we changed ‘‘seasonal’’
to ‘‘transient’’ to avoid confusing
wording.
In §86.13(f), in response to a
suggestion, we added ‘‘docks’’ after the
word ‘‘floating’’ to clarify.
In §86.13, in response to suggestions,
we added at paragraphs (o), (p), and (q),
‘‘dockside’’ to clarify where utilities are
placed.
In §86.13, in response to a suggestion,
we added ‘‘(r) Debris deflection booms.’’
In §86.13, in response to suggestions,
we added ‘‘(s) Marine fueling stations.’’
In §86.20(a)(1), in response to a
suggestion, we added a second sentence
as follows: ‘‘You must design new
construction and renovations to last at
least 20 years.’’
In §86.20(e)(1), in response to a
suggestion, we deleted from
VerDate 11<MAY>200021:00 Jan 17, 2001Jkt 194001PO 00000Frm 00002Fmt 4701Sfmt 4700E:\FR\FM\18JAR4.SGMpfrm08PsN: 18JAR4
Attachment number 3
Page 2 of 14
5283Federal Register /Vol. 66, No. 12/Thursday, January 18, 2001/Rules and Regulations
subparagraph (vii) to end, as the
activities listed in the proposed rule are
not appropriate preconstruction
activities.
In §86.20, in response to a suggestion,
we added a new item, ‘‘(f) Produce
information and education materials
such as charts, cruising guides, and
brochures.’’
In §86.21(d), in response to a
suggestion, we changed the sentence to
read: ‘‘Construct or renovate principal
structures not expected to last at least 20
years.’’
In §86.44(b), in response to a
suggestion, we replaced ‘‘*** we
will’’ with ‘‘*** The State must
***’’
In §86.54(f)(1)(i) in the proposed rule
(now §86.53(d)(1)(i)), in response to
several comments, we changed the
section to clarify that no State Tier One
proposal may exceed $100,000 in any
given fiscal year.
Substantive Changes
Issue 1. Questions and comments on
the survey included issues of
respondent burden (how long to
complete a section), unclear questions,
issues of confidentiality, site-specific
questions, and the value of answers to
specific questions in determining
national need.
Response: In response to all of the
comments received on the technical
aspects of the proposed survey, we
completed significant revisions to the
survey instrument. We considered all
comments and redesigned the survey,
improved guidance and questions, and
decreased the time burden for
completion. The revised survey began
its approval process when it was
published in the Federal Register (65
FR 63606) on October 24, 2000 for a 60-
day public comment period. The survey
will be ready for use during the FY 2001
grant cycle, and the Service will notify
eligible applicants upon receiving OMB
approval.
Issue 2. How can States pay for the
survey?
Response: States can pay the costs for
conducting the survey using Federal
Aid in Sport Fish Restoration program
funds, and credit expenditures toward
the 15% minimum used for motor boat
access (16 U.S.C. 777g (g)(4)).
Issue 3. Is the survey required?
Response: The Service does not
require States to conduct surveys to
receive funding under the national BIG
program. However, the Service must
produce a comprehensive national
assessment of recreational boat access
needs and facilities. The States, by
conducting and forwarding their survey
results to the Service, are ensuring that
their needs are known (16 U.S.C. 777g
(g)(2)). States may use existing, recent
survey results, approved by the
appropriate Service Regional Office, to
determine boating infrastructure needs
(§86.113).
Issue 4. States completing a survey
should receive ranking points.
Response: No ‘‘points’’ are assigned in
the criteria for completing a survey; the
only available points are outlined in
§86.60. States must use the survey
results to develop a State plan for
boating infrastructure. The plan (any
plan certified by the Service Regional
Office) is then eligible for 15 ranking
points.
Issue 5. Can States add questions to
the survey?
Response: States cannot add any
questions to the survey. If OMB
approves the final survey as written, we
will reimburse States only for
administering it as approved.
Issue 6. Typographical errors occur in
the survey tables.
Response: We fixed typographical
errors in both tables describing the type
of participant in survey parts.
Issue 7. States should submit survey
results electronically.
Response: The Service wants the
results transmitted to the Service
Regional Offices in a common electronic
format, such as Microsoft Word, Word
Perfect, Excel or Quattro Pro. We added
a requirement regarding electronic
transmission of results to §86.111.
Issue 8. Clarify ‘‘boat service
providers’’ as the term relates to public
access.
Response: We changed
§86.102(b)(2)(i) and (ii) to include a
phrase that specifies boat service
providers ‘‘who allow public access.’’
Issue 9. What are the survey response
rate requirements?
Response: We changed §86.115 to
read ‘‘plus or minus 10 percent.’’ We
also replaced the language that suggests
a 70 percent response rate with language
that says the State is responsible for
selecting a statistically valid sample
size.
Issue 10. In §86.60, the points do not
add up to 100, or no points are allowed
for completing surveys.
Response: This section needed several
minor editorial changes to make it clear
and concise. Among these, we changed
the point total to 105. The issue
regarding awarding points for
completing surveys is addressed in
Issue 4.
Issue 11. According to §86.54, why
are proposals that are awarded less than
60 points when held to the criteria in
§86.60 automatically moved to Tier
Two?
Response: We removed this ‘‘60
point’’ break when we revised the Tier
One/Two break.
Issue 12. By awarding 15 points for a
State plan, the Service is making State
plans mandatory, penalizing all nonplan
proposals.
Response: State plans are desirable
under the Act (16 U.S.C. 777g (g)). They
help set priorities and describe how a
State will fulfill recreational boaters’
needs. We can also use plans to help set
national priorities in the comprehensive
national assessment of recreational boat
access needs and facilities described in
the Act. The plan nonetheless is
optional. The Act states, ‘‘A State may
develop a plan for,’’ and in the proposed
rule, §86.131 states ‘‘Plans are
voluntary.’’ However, the Service will
award 15 criteria points to any
acceptable plan, already existing and
current, or a newly developed plan
based on the OMB-approved survey or
other recent approved survey results.
The reason for the 15 criteria points is
that projects coming from an accepted
plan will establish priorities based on a
formal needs assessment.
Issue 13. Add a statement to identify
priorities in the State plan in
§86.60(b)(1).
Response: We added to §86.60(b)(1),
after the word ‘‘following’’ ‘‘priorities
identified in’’ your State’s program plan.
We also agreed with the second thought
presented in this comment and changed
‘‘construct and renovate’’ to ‘‘construct,
renovate, and maintain.’’
Issue 14. Change the point values
assigned to certain criteria.
Response: We are not making a
change to the final rule as a result of this
comment. We believe that we did a
thorough job of stakeholder involvement
when we assigned these point values.
Issue 15. A possible conflict exists in
§86.60(b)(4) about match funds.
Response: We have changed
§86.60(b)(4) to read ‘‘Include private,
local, or other State funds in addition to
the non-Federal match described in
§86.42.’’
Issue 16. Because of typographical
errors in §86.60(b)(4)(i), the percentage
range was left out.
Response: In §86.60(b)(4), we
changed paragraph (i) to read ‘‘Twenty-
six percent to thirty-five percent—5
points,’’ paragraph (ii) to remove the
word ‘‘above’’ at the end, and paragraph
(iii) to insert the word ‘‘and’’ so it reads
‘‘Fifty percent and above—15 points.’’
Issue 17. Add the word ‘‘proposed’’
before ‘‘tie-up’’ to the second sentence
in §86.60(b)(5), and delete the word
‘‘access’’ from the same sentence.
Response: We do not believe this
suggestion adds to the clarity of the
VerDate 11<MAY>200021:00 Jan 17, 2001Jkt 194001PO 00000Frm 00003Fmt 4701Sfmt 4700E:\FR\FM\18JAR4.SGMpfrm08PsN: 18JAR4
Attachment number 3
Page 3 of 14
5284 Federal Register /Vol. 66, No. 12/Thursday, January 18, 2001/Rules and Regulations
sentence. We are making no changes to
the proposed rule as a result of this
comment.
Issue 18. In §86.60(b)(6), change the
wording of the sentence to restrict the
sites to those near population centers
and raise the value of the points
assigned.
Response: We believe this change
would unnecessarily restrict State
proposals. We believe the sentence is
clear and the points are appropriate.
The sentence remains unchanged.
Issue 19. In §86.60(b)(7), substitute
‘‘enhanced opportunities’’ for ‘‘access.’’
Response: We are not changing this
paragraph as a result of this comment
because we believe the sentence is clear
as written.
Issue 20. In §86.60(b)(8), add
‘‘adjacent’’ before the word
‘‘community,’’ and add ‘‘as the result of
construction, renovation, or increased
use,’’ at the end of the first sentence.
Response: We believe this change
would unnecessarily restrict the
program criteria. The proposed sentence
stands unchanged.
Issue 21. Allow Tier One dollars to
finance State plans because not to do so
creates an unfunded Federal mandate.
Response: The Act states that
‘‘***a State may develop and submit
to the Secretary a plan for***,’’ not
‘‘must’’ (16 U.S.C. 777g–1 (c)). A
mandate does not exist. However, States
may do planning under other Sport Fish
Restoration Act grant programs for
purposes eligible under those programs
and apply the resulting plan to the BIG
Program.
Issue 22. Will the Service accept
existing plans?
Response: The Service will accept any
plan certified by the appropriate Service
Regional Office that ensures that public
boat access is and will be adequate to
meet the needs of recreational boaters
on your State’s waters (§86.134).
Issue 23. What are the products of the
National Assessment?
Response: The products of the
Comprehensive National Assessment
are listed in §86.124.
Issue 24. Complying with the National
Environmental Policy Act and the
Endangered Species Act could cause up
to 2 years of delay.
Response: All grantees must agree to
and certify compliance with all
applicable Federal laws. We use a
certified ‘‘Assurances’’ statement. We
are making no changes to the proposed
rule as a result of this comment.
Issue 25. Can States use consultant
fees, design, permitting, and
construction administration costs as
match for Tier One projects?
Response: Allowable matching and
cost-sharing regulations are in 43 CFR
12.64; specific questions should be
directed to the appropriate Service
Regional Office.
Issue 26. Reduce match to where local
governments or small marinas can
compete for funds.
Response: In accordance with the Act,
only States are eligible for funding
under this grant program.
Issue 27. Are pre-award costs
allowable?
Response: Only as described under
§86.20.
Issue 28. Who assumes the
administrative burden after the program
expires in 3 years?
Response: We discuss maintenance of
approved projects in 50 CFR 80.17.
Issue 29. How much money can we
charge the public to tie-up?
Response: The going rate in the
locality determines the amount for the
facility. We are making no change to the
proposed rule as a result of this
comment.
Issue 30. For projects in Tier Two that
exceed available funding in Tier Two,
what is the methodology for awarding
funds other than what States request?
Response: There is none. We cannot
exceed established spending levels. If a
State requires funds from two or more
different programs to obtain full
funding, the State is responsible for
securing the funds.
Issue 31. In §86.20(a)(3), substitute
‘‘deep enough’’ for ‘‘6 feet of depth at
the lowest tide ***.’’
Response: We researched these depths
before making this specification, and we
are not making the recommended
change.
Issue 32. In §86.20(a)(5)(iii), delete
the reference to ‘‘this program,’’ so that
the sentence reads: ‘‘You may use funds
from the Clean Vessel Act Program.’’
Response: We encourage the
construction of pumpout stations with
either set of funds. We are making no
changes to the proposed rule as a result
of this comment.
Issue 33. In §86.20(e)(1), add
‘‘contract documents.’’
Response: No contract should be
prepared and awarded until after we
sign a grant; therefore, contract
documents are not allowed as a pre-
agreement cost. We are making no
changes to the proposed rule as a result
of this comment.
Issue 34. In §86.21(e) and (g), add
note on one-time dredging to (e) and
add dinghy docks to (g).
Response: We address one-time
dredging in §86.20, and dinghy docks
are not for transient vessels more than
26 feet in length. We are making no
changes to the proposed rule as a result
of this comment.
Issue 35. In §86.21, make the State
plan eligible for funding under BIG.
Response: State plans are eligible
activities under the Sport Fish
Restoration Act (16 U.S.C. 777).
Issue 36. In accordance with §86.30,
must I allow the public to use grant-
funded facilities?
Response: Yes, §86.30 specifies that
reasonable access must be allowed and
explains what that means.
Issue 37. In regard to §86.54, one
responder commented that the criterion
referenced in §86.60 was developed for
competitive Tier Two projects and was
not meant for Tier One projects. Tier
One project funding was developed for
States meeting the requirements in
§§86.13 and 86.20.
Response: We agree and will change
§86.54(f)(1)(ii) (now §86.53(d)(1)(ii) in
the final rule) to read ‘‘***using the
eligibility requirements in §§86.14 and
86.20.’’ (Section 86.13 from the
proposed rule has become §86.14 in the
final rule.)
Issue 38. In regard to §86.55(f), why
are two sets of $100,000 proposals
required? Why not require one $200,000
proposal?
Response: Tier One proposals in the
first grant cycle will be funded by 2
different fiscal years. To provide
additional clarity, we replaced the
second sentence in §86.55(f) (now
§86.54(f)) with wording similar to the
following, ‘‘We will fund one proposal
for each fiscal year provided that each
proposal meets the eligibility
requirements in §§86.13 (now 86.14)
and 86.20.’’
Issue 39. Sections 86.20 and 86.21
conflict in useful life of some outputs.
Response: We do not agree. Principal
structures expected to last 20 years or
more are different from navigational
aids which may have a shorter lifespan.
Only principal structures must be
designed to last at least 20 years,
therefore a conflict does not exist.
Issue 40. In regard to §86.56, after the
Service awards funds for a project, if it
is found not to meet compliance
requirements, where will these funds
go?
Response: If a State cannot bring the
project into compliance according to
§86.56 (now §86.55), the funds may
revert as required by the Act (16 U.S.C.
777c).
Issue 41. Regarding §86.60(b), a
respondent recommended considering
construction in remote areas in the
scoring priority and adding a statement
to the Regulatory Flexibility Act section
to give criteria points for remote sites.
Response: Section 86.60(b)(6) and (7)
considers remote areas as they relate to
significant links to prominent
VerDate 11<MAY>200021:00 Jan 17, 2001Jkt 194001PO 00000Frm 00004Fmt 4701Sfmt 4700E:\FR\FM\18JAR4.SGMpfrm08PsN: 18JAR4
Attachment number 3
Page 4 of 14
5285Federal Register /Vol. 66, No. 12/Thursday, January 18, 2001/Rules and Regulations
destinations, way-points, and national,
regional, and local significant areas.
Therefore, we do not see the need to
alter the present guidance.
Issue 42. In §86.60(b)(8), how will we
assess ‘‘significant positive economic
impact?’’
Response: States should assess the
economic impact of projects using a
cost/benefit analysis as described in the
example in §86.60(b)(8). States should
address this issue, along with all the
other criteria, in the grant proposal.
Issue 43. In §86.82(b), replace the
word ‘‘slippage’’ with ‘‘deviation.’’
Response: ‘‘Slippage’’ is the term used
in 43 CFR 12.80(b)(2)(ii), which
provides reporting requirements for
assistance programs. We are making no
changes to the proposed rule as a result
of this comment.
Issue 44. In §86.80, remove the
requirement for quarterly reports.
Response: We are removing the
requirement for quarterly reporting for
Tier One projects only, according to 43
CFR 12.80, Monitoring and Reporting
Program Performance.
Issue 45. In §86.91, make States give
credit to the Sport Fish Restoration
Program for BIG grants.
Response: Credit to the Sport Fish
Restoration Program remains optional.
We have nothing on which to base
making this issue mandatory. We are
changing ‘‘may’’ in the last sentence to
‘‘*** are encouraged to ***’’.
Issue 46. Could priority for services at
tie-up facilities be given to transient
boats over 26 feet in length? If so, how
would States enforce the priority?
Response: No. While we intend the
program to benefit transient,
nontrailerable boats, States must give
equal public access to all boaters.
Consequently, enforcement is
unnecessary.
Issue 47. The Service Director should
convene a nongovernmental advisory
committee to provide expertise on
‘‘recreational boating facilities needs.’’
Response: Under the Federal
Advisory Committee Act ( Pub. L. 92–
463, 5 U.S.C. App.1), requirements for
creating an advisory committee would
significantly delay the distribution of
the first cycle grant funds. However,
opportunities may exist for the
nongovernmental community to
participate in the grant selection
process, and the Service will investigate
such opportunities.
Issue 48. Are maintenance and
operation costs in remote areas eligible
under §86.20(4)?
Response: We cover maintenance
under §86.20(a); we specifically
exclude operation and janitorial costs
under §86.21.
Issue 49. Provide sufficient time to
rank and award proposals.
Response: We changed the
application period for the first grant
cycle to allow applicants 90 days to
submit grant proposals to the
appropriate Service Regional Office.
This change occurs in §86.50.
Regulatory Planning and Review (E.O.
12866)
In accordance with the criteria in
Executive Order 12866, this rule is a
significant regulatory action according
to the following:
(a) This rule will not have an annual
economic effect of $100 million or
adversely affect an economic sector,
productivity, jobs, the environment, or
other units of government. Program
funds total $8 million per year for 4
years, for a total of $32 million. Program
funds for surveys total $1,050,000.
States must match these amounts with
25 percent or $2 million per year. State
match totals $8 million over 4 years.
The program will not negatively affect
an economic sector, productivity, jobs,
and other units of government. The
program will have a positive effect on
these factors.
(b) This rule will not create
inconsistencies with other agencies’
actions. We will require the necessary
Federal, State, and local reviews and
permits before allowing construction of
all facilities approved under the
program. These reviews will ensure that
this rule will not create inconsistencies
with other agencies’ actions.
(c) This rule will materially affect
entitlements, grants, user fees, loan
programs, or the rights and obligations
of their recipients. This rule establishes
a new grant program using existing
funds that are otherwise available to
State natural resource agencies under
the Sport Fish Restoration Act (16
U.S.C. 777–777m). Recipients will
voluntarily accept all stipulations prior
to the Service awarding funds for
facility construction. The program only
obligates the recipient to maintain the
facility. User fees are not mandatory and
the program allows only enough charges
to maintain the facility established by
the grant.
(d) This rule will not raise novel legal
or policy issues. This program will
award funds to States to install facilities
for transient nontrailerable boats. We
will review all actions for compliance
with the National Environmental Policy
Act. This grant program is similar to
past Federal Aid grant programs for
construction of facilities.
Regulatory Flexibility Act
The Department certifies that this
document will not have a significant
economic effect on a substantial number
of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.).
Eight million dollars will be available
annually for a 4-year period. The effects
of these regulations occur to agencies in
the States, Puerto Rico, Guam, the
Virgin Islands, American Samoa, the
District of Columbia, and the Northern
Mariana Islands. These are not small
entities under the Regulatory Flexibility
Act. Some small entities, mainly marina
operators, may receive grant funds. The
program will place facilities where none
exist now, in remote areas where no
competition exists, and in populated
areas where marinas have not
previously installed them. Employment,
investment, productivity, and
innovation should all increase because
the program will construct facilities to
attract transient boaters. The result will
be a net transfer of expenditures in the
area. U.S.-based enterprises’ ability to
compete with foreign-based enterprises
should not be affected by this rule.
Small Business Regulatory Enforcement
Fairness Act (SBREFA)
This regulation is not a major rule
under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement
Fairness Act, as discussed in the
Regulatory Planning and Review and
Regulatory Flexibility Act sections
above.
Unfunded Mandates Reform Act
This regulation does not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of more than $100 million per year. This
regulation does not have a significant or
unique effect on State, local, tribal
governments, or the private sector. The
rule establishes a grant program that
States may participate in voluntarily. A
statement containing the information
required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not
necessary.
Takings (E.O. 12630)
In compliance with Executive Order
12630, this regulation does not have
significant takings implications. The
rule provides standardized procedures
for administering a Federal
discretionary grant program.
Federalism Assessment (E.O. 13132)
In compliance with Executive Order
13132, this regulation does not have
sufficient Federalism implications to
warrant the preparation of a Federalism
Assessment. Through this regulation,
VerDate 11<MAY>200021:00 Jan 17, 2001Jkt 194001PO 00000Frm 00005Fmt 4701Sfmt 4700E:\FR\FM\18JAR4.SGMpfrm08PsN: 18JAR4
Attachment number 3
Page 5 of 14
5286 Federal Register /Vol. 66, No. 12/Thursday, January 18, 2001/Rules and Regulations
eligible States will receive grants for
construction, renovation, maintenance
of boating facilities, and public
information and education programs.
Therefore, the rule is consistent with
Executive Order 13132.
Civil Justice Reform (E.O. 12988)
In compliance with Executive Order
12988, the Office of the Solicitor has
determined that this regulation does not
unduly burden the judicial system and
meets the requirements of §§3(a) and
3(b)(2) of the Order.
Paperwork Reduction Act
The information collection
requirements contained in this
regulation are only those necessary to
fulfill applicable grant application
requirements of 43 CFR Part 12; see 43
CFR 12.4 for information concerning
OMB approval of those requirements.
We have submitted the collections of
information contained in this rule to the
Office of Management and Budget for
approval as required under 44 U.S.C.
3501 et seq. The Service will not collect
this information until OMB has granted
us approval. Additionally, no person
may be required to respond to a
collection of information unless it
displays a currently valid OMB number.
The information collection
requirement related to the surveys has a
current OMB Approval Number 1018–
0106 under the provisions of 44 U.S.C.
3501 et seq. In response to the
comments received on the technical
aspects of the proposed survey, we
revised the survey improving the
guidance, questions, and a lower time
burden for completion.
What Intergovernmental Review
Procedures Must I as a State follow?
Executive Order 12372,
‘‘Intergovernmental Review of Federal
Programs,’’ and 43 CFR Part 9,
‘‘Intergovernmental Review of
Department of the Interior Programs and
Activities,’’ applies to the national BIG
Program. Under the Order, you may
design your own processes to review
and comment on proposed Federal
assistance under covered programs.
What Is My Responsibility as a State if
I Participate in the Executive Order
Process Having Single Points of
Contact?
You should alert your Single Points of
Contact (SPOC) to the prospective
applications and receive any necessary
instructions to provide material the
SPOC requires. You must submit all
required materials, if any, to the SPOC
and show the date of this submittal (or
the date of contact if the SPOC does not
require submittal) on the narrative. If
you are from a State that chooses to
exempt the grants, you need take no
action regarding E.O. 12372.
Author
The principal author of this rule is
Steve Farrell, Project Officer, U.S. Fish
and Wildlife Service, Division of
Federal Aid, 4401 North Fairfax Drive,
Suite 140, Arlington, Virginia 22203.
Regulation Promulgation
Accordingly, the Service hereby
establishes part 86, subchapter F of
Chapter I, Title 50 Code of Federal
Regulations, as set forth below:
List of Subjects in 50 CFR Part 86
Administrative practice and
procedure, Boats and boating, Grant
programs—recreation, Natural
resources, Recreation and recreation
areas, Reporting and record keeping
requirements.
For the reasons set out in the
preamble, we amend Subchapter F of
Chapter I, Title 50 of the Code of
Federal Regulations, by adding a new
part 86 to read as follows.
PART 86—BOATING
INFRASTRUCTURE GRANT (BIG)
PROGRAM
Subpart A—General Information About the
Grant Program
Sec.
86.10What does this regulation do?
86.11What does the national BIG Program
do?
86.12Definitions of Terms Used in Part 86
86.13What is boating infrastructure?
86.14Who may apply for these grants?
86.15How does the grant process work?
86.16What are the information collection
requirements?
Subpart B—Funding State Grant Proposals
86.20What activities are eligible for
funding?
86.21What activities are ineligible for
funding?
Subpart C—Public Use of the Facility
86.30Must I allow the public to use the
grant-funded facilities?
86.31How much money may I charge the
public to use tie-up facilities?
Subpart D—Funding Availability
86.40How much money is available for
grants?
86.41How long will the money be
available?
86.42What are the match requirements?
86.43May someone else supply the match?
86.44What are my allowable costs?
86.45When will I receive the funds?
Subpart E—How States Apply for Grants
86.50When must I apply?
86.51To whom must I apply?
86.52What information must I include in
my grant proposals?
86.53What are funding tiers?
86.54How must I submit proposals?
86.55What are my compliance
requirements with Federal laws,
regulations, and policies?
Subpart F—How the Service Selects
Projects To Receive Grants
86.60What are the criteria used to select
projects for grants?
86.61What process does the Service use to
select projects for grants?
86.62What must I do after my project has
been selected?
86.63May I appeal if my project is not
selected?
Subpart G—How States Manage Grants
86.70What are my requirements to acquire,
install, operate, and maintain real and
personal property?
86.71How will I be reimbursed?
86.72Do any other Federal requirements
apply to this program?
86.73What if I do not spend all the money?
86.74What if I need more money?
Subpart H—Reporting Requirements for the
States
86.80What are my reporting requirements
for this grant program?
86.81When are the reports due?
86.82What must be in the reports?
Subpart I—State Use of Signs and Sport
Fish Restoration Symbols
86.90What are my responsibilities for
information signs?
86.91What are my program crediting
responsibilities?
86.92Who can use the SFR logo?
86.93Where should I use the SFR logo?
86.94What crediting language should I use?
Subpart J—Service Completion of the
National Framework
86.100What is the National Framework?
86.101What is the Service schedule to
adopt the National Framework?
86.102How did the Service design the
National Framework?
Subpart K—How States Will Complete a
Boat Access Needs Survey (Survey)
86.110What does the survey do?
86.111Must I do a survey?
86.112What are the advantages of doing a
survey?
86.113What if I have recently completed a
survey?
86.114Do I need to conduct a survey if I
already have a plan for installing tie-up
facilities?
86.115How should I administer the survey?
86.116May I change the questions in the
survey?
86.117[Reserved]
86.118What does this survey include?
Subpart L—Completing the Comprehensive
National Assessment
86.120What is the Comprehensive National
Assessment?
86.121What does the Comprehensive
National Assessment do?
VerDate 11<MAY>200021:00 Jan 17, 2001Jkt 194001PO 00000Frm 00006Fmt 4701Sfmt 4700E:\FR\FM\18JAR4.SGMpfrm08PsN: 18JAR4
Attachment number 3
Page 6 of 14
5287Federal Register /Vol. 66, No. 12/Thursday, January 18, 2001/Rules and Regulations
86.122Who completes the Comprehensive
National Assessment?
86.123Comprehensive National
Assessment schedule.
86.124What are the Comprehensive
National Assessment products?
Subpart M—How States Will Complete the
State Program Plans
86.130What does the State program plan
do?
86.131Must I do a plan?
86.132What are the advantages to doing a
plan?
86.133What are the plan standards?
86.134What if I am already carrying out a
plan?
86.135[Reserved]
86.136What must be in the plan?
86.137What variables should I consider?
Authority: 16 U.S.C. 777g, 777g–1.
Subpart A—General Information About
the Grant Program
§86.10What does this regulation do?
In this part, the terms ‘‘I,’’ ‘‘you,’’
‘‘my,’’ and ‘‘your’’ refer to the State
agency seeking participation in the
national Boating Infrastructure Grant
(BIG) Program. ‘‘We’’ and ‘‘us’’ refers to
the Fish and Wildlife Service. This part
establishes your requirements under the
Sportfishing and Boating Safety Act of
1998 to:
(a) Participate in the national BIG
Program,
(b) Complete your boat access survey,
and
(c) Develop State plans to install tie-
up facilities for transient nontrailerable
recreational vessels.
§86.11What does the national BIG
Program do?
This program provides funds for
States to construct, renovate, and
maintain tie-up facilities with features
for transient boaters in vessels 26 feet or
more in length, and to produce and
distribute information and educational
materials about the program.
§86.12Definitions of terms used in part
86.
For the purposes of this part, the
following terms are defined:
Construct means engaging in activities
that produce new capital improvements
and increase the value or usefulness of
existing property. These activities
include building new tie-up facilities or
replacing or expanding existing tie-up
facilities.
Grant means financial assistance the
Federal Government awards to an
eligible applicant.
Grant agreement means a contractual
agreement used to obligate Federal Aid
funds for carrying out work covered by
an approved grant proposal.
Maintain means engaging in activities
that allow the facility to continue to
function, such as repairing docks. These
activities exclude routine janitorial
activities.
Navigable waters means waters
connected to or part of the jurisdictional
waters of the United States that
transient nontrailerable recreational
vessels currently use or can use.
Nontrailerable recreational vessels
mean motorized boats 26 feet or more in
length manufactured for and operated
primarily for pleasure, including vessels
leased, rented, or chartered to another
person for his or her pleasure.
Project means a specific plan or
design.
Proposal means a description of one
or more projects for which a State
requests grant funds.
Recreational waters means navigable
waters that vessels use for recreational
purposes.
Renovate means to rehabilitate or
repair a tie-up facility to restore it to its
original intended purpose, or to expand
its purpose to allow transient
nontrailerable recreational vessels.
States means individual States within
the United States, the District of
Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the
Virgin Islands, and the Commonwealth
of the Northern Mariana Islands.
Survey instrument means a tool
developed by the Service and approved
by OMB to assess the need for boating
facilities.
Tie-up facilities mean facilities that
transient nontrailerable recreational
vessels occupy temporarily, not to
exceed 10 consecutive days; for
example, temporary shelter from a
storm; a way station en route to a
destination; a mooring feature for
fishing; or a dock to visit a recreational,
historic, cultural, natural, or scenic site.
Transient means passing through or
by a place, staying 10 days or less.
Water-body means the lake, section of
river, or specific area of the coast, such
as a harbor or cove, where tie-up
facilities or boat access sites are located.
§86.13What is boating infrastructure?
Boating infrastructure refers to
features that provide stopover places for
transient nontrailerable recreational
vessels to tie up. These features include,
but are not limited to:
(a) Mooring buoys (permanently
anchored floats designed to tie up
nontrailerable recreational vessels);
(b) Day-docks (tie-up facilities that do
not allow overnight use);
(c) Navigational aids (e.g., channel
markers, buoys, and directional
information);
(d) Transient slips (slips that boaters
with nontrailerable recreational vessels
occupy for no more than 10 consecutive
days);
(e) Safe harbors (facilities protected
from waves, wind, tides, ice, currents,
etc., that provide a temporary safe
anchorage point or harbor of refuge
during storms);
(f) Floating docks and fixed piers;
(g) Floating and fixed breakwaters;
(h) Dinghy docks (floating or fixed
platforms that boaters with
nontrailerable recreational vessels use
for a temporary tie-up of their small
boats to reach the shore);
(i) Restrooms;
(j) Retaining walls;
(k) Bulkheads;
(l) Dockside utilities;
(m) Pumpout stations;
(n) Recycling and trash receptacles;
(o) Dockside electric service;
(p) Dockside water supplies;
(q) Dockside pay telephones;
(r) Debris deflection booms; and
(s) Marine fueling stations.
§86.14Who may apply for these grants?
You, with authority from your State
Government. You must identify one key
contact only and submit proposals
through this person.
§86.15How does the grant process work?
To ensure that grants address the
highest national priorities identified in
the Act, we make funds available on a
competitive basis. You must submit
your proposals by the appropriate date
as specified in §86.50. You must
address certain questions and criteria
(listed in §86.52) to be eligible and
competitive. We will conduct a panel
review of all proposals, and the Service
Director will make the final grant
awards. You may begin work on your
project only after you receive a fully
executed grant agreement.
§86.16What are the information collection
requirements?
This part contains both routine
information collection and survey
requirements, as follows:
(a) The routine information collection
requirements for grants applications and
associated record keeping contained in
this part are only those necessary to
fulfill applicable requirements of 43
CFR part 12. These requirements
include record keeping and reporting
requirements. See 43 CFR 12.4 for
information concerning OMB approval
of those requirements.
(b) The revised information collection
requirements related to the surveys will
be submitted to OMB for approval as
changed. They will not be imposed until
VerDate 11<MAY>200021:00 Jan 17, 2001Jkt 194001PO 00000Frm 00007Fmt 4701Sfmt 4700E:\FR\FM\18JAR4.SGMpfrm08PsN: 18JAR4
Attachment number 3
Page 7 of 14
5288 Federal Register /Vol. 66, No. 12/Thursday, January 18, 2001/Rules and Regulations
we receive OMB approval under the
provisions of 44 U.S.C. 3501 et seq. The
surveys are voluntary and are for States
to determine the adequacy, number,
location, and quality of facilities that
provide public access for all sizes of
recreational boats. The public’s burden
estimate for the survey is as follows:
Type of information Number of
respondents*
Average time
required per
response
(minutes)
Annual burden
hours
Boat owners: Part A....................................................................................................................11,200122,240
Boat owners: Part B....................................................................................................................28,000125,600
Boat Service Providers: Part C...................................................................................................8,400202,800
Boat Service Providers: Part D...................................................................................................4,000201,333
*These numbers are not additive since some boaters will fill out both Parts A and B, and most of the providers will fill out both Parts C and D.
(c) Send comments regarding this
collection of information to the Service
Information Collection Clearance
Officer, MS—222 ARLSQ, Fish and
Wildlife Service, Washington, DC
20240, and the Office of Management
and Budget, Department of Interior,
Desk Officer, 1849 C Street, NW.,
Washington, DC 20503. An Agency may
not conduct or sponsor, and a person is
not required to respond to, a collection
of information unless it displays a
currently valid OMB control number.
OMB has up to 60 days to approve or
disapprove the information collection
but may respond after 30 days.
Therefore, to ensure maximum
consideration, you must send your
comments to OMB by the above
referenced date.
Subpart B—Funding State Grant
Proposals
§86.20What activities are eligible for
funding?
Your project is eligible for funding if
you propose to:
(a) Construct, renovate, and maintain
either publicly or privately owned
boating infrastructure tie-up facilities.
To be eligible you must:
(1) Build these tie-up facilities on
navigable waters, available to the
public. You must design new
construction and renovations to last at
least 20 years;
(2) Design these tie-up facilities for
temporary use for transient
nontrailerable recreational vessels;
(3) Build these tie-up facilities in
water deep enough for nontrailerable
recreational vessels to navigate (a
minimum of 6 feet of depth at the
lowest tide or other measure of lowest
fluctuation);
(4) Provide security, safety, and
service for these boats; and,
(5) Install a pumpout station, if you
construct a facility for overnight stays:
(i) If there is already a pumpout
within a reasonable distance (generally
within 2 miles) of the facility, you may
not need one;
(ii) For facilities intended as day
stops, we encourage you to install a
pumpout; and,
(iii) You may use funds from the BIG
program, or the Clean Vessel Act
pumpout grant program also
administered by us, to pay for a
pumpout station.
(b) Do one-time dredging only, to give
transient vessels safe channel depths
between the tie-up facility and
maintained channels or open water.
(c) Install navigational aids, limited to
giving transient vessels safe passage
between the tie-up facility and
maintained channels or open water.
(d) Apply funds to grant
administration.
(e) Fund preliminary costs:
(1) Preliminary costs may include any
of the following activities completed
before signing a grant agreement:
(i) Conducting appraisals;
(ii) Administering environmental
reviews and permitting;
(iii) Conducting technical feasibility
studies, for example, studies about
environmental, economic, and
construction engineering concerns;
(iv) Carrying out site surveys and
engaging in site planning;
(v) Preparing cost estimates; and
(vi) Preparing working drawings,
construction plans, and specifications.
(2) We will fund preliminary costs
only if we approve the project.
(3) If the project is approved, the
appropriate Service Regional Director
must still approve preliminary costs.
(f) Produce information and education
materials such as charts, cruising
guides, and brochures.
§86.21What activities are ineligible for
funding?
Your project is ineligible for funding
if you propose to:
(a) Complete a project that does not
provide public benefits, for instance, a
project that is not open to the public for
use;
(b) Involve law enforcement activities;
(c) Significantly degrade or destroy
valuable natural resources or alter the
cultural or historic nature of the area;
(d) Construct or renovate principal
structures not expected to last at least 20
years;
(e) Do maintenance dredging;
(f) Fund operations or routine,
custodial, and janitorial maintenance of
the facility;
(g) Construct, renovate, or maintain
boating infrastructure tie-up facilities
for nontrailerable vessels, for example
the following:
(1) Tie-up slips available for
occupancy for more than 10 consecutive
days by a single party;
(2) Dryland storage;
(3) Haul-out features; and
(4) Boating features for trailerable or
‘‘car-top’’ boats (boats less than 26 feet
in length), such as launch ramps and
carry-down walkways.
(h) Develop a State program plan to
construct, renovate, and maintain
boating infrastructure tie-up facilities;
and
(i) Conduct surveys to determine
boating access needs.
(1) You may conduct the survey with
funds allocated to motorboat access to
recreational waters under subsection
(b)(1) of section 8 of the Federal Aid in
Sport Fish Restoration Act of 1950, as
amended (16 U.S.C. 777).
(2) You may combine surveys under
one contractor where feasible if you can
realize a cost or other savings.
Subpart C—Public Use of the Facility
§86.30Must I allow the public to use the
grant-funded facilities?
(a) You must allow reasonable access
to all recreational vessels for the useful
life of the tie-up facilities. Accessible to
the public means located where the
public can reasonably reach the facility
and where all boats typical to that
facility can easily use it, charging
equitable fees, and being open for
reasonable periods. You must allow
public access to the shore and basic
features such as fuel and restrooms in
facilities that have them. You must
specify precise details of the public
access in the contract with the facility
VerDate 11<MAY>200022:02 Jan 17, 2001Jkt 194001PO 00000Frm 00008Fmt 4701Sfmt 4700E:\FR\FM\18JAR4.SGMpfrm02PsN: 18JAR4
Attachment number 3
Page 8 of 14
5289Federal Register /Vol. 66, No. 12/Thursday, January 18, 2001/Rules and Regulations
manager. We do not require public
access to the remainder of a park or
marina where the facility is found. Nor
do we require any restrictions in that
park or marina.
(b) You must comply with Americans
with Disabilities Act requirements when
you construct or renovate all tie-up
facilities under this grant.
§86.31How much money may I charge the
public to use tie-up facilities?
You may charge the public only a
reasonable fee, based on the prevailing
rate in the area. You must determine a
fee that does not pose an unreasonable,
competitive amount, based on other
publicly and privately owned tie-up
facilities in the area. You must approve
any proposed changes in fee structure
by a sub-grantee.
Subpart D—Funding Availability
§86.40How much money is available for
grants?
There is $32 million available for
grants under the BIG program ($8
million per year for fiscal years 2000–
2003).
§86.41How long will the money be
available?
Under the Act, funding for the BIG
program is provided for FY 2000–2003.
Each year’s funds remain available for
obligation for a total of three fiscal years
(e.g. FY 2000 funds will remain
available through FY 2002) (16 U.S.C.
777c(b)(3)(B)).
§86.42What are the match requirements?
The Act authorizes the Secretary of
the Interior (through the Director of the
U.S. Fish and Wildlife Service (Service))
to award grants to States to pay up to
75 percent of the cost to construct,
renovate, or maintain tie-up facilities for
transient nontrailerable recreational
vessels. You or a partner must pay the
remaining project cost—at least a 25
percent match is required. Title 43 CFR
12.64 applies to cost sharing or
matching requirements for Federal
grants.
§86.43May someone else supply the
match?
Third-party contribution, including
property and in-kind services, is
allowable, but must be necessary and
reasonable to accomplish grant
objectives. In-kind contributions must
also represent the current market value
of noncash contributions that the third
party furnishes as part of the grant.
§86.44What are my allowable costs?
(a) The State may spend grant funds
to pay only costs that are necessary and
reasonable to accomplish the approved
grant objectives. Grant costs must meet
the applicable Federal cost principles in
43 CFR 12.62. You may purchase
informational and program signs as
allowable costs.
(b) If you include purposes other than
those eligible under the Act, you must
prorate the costs equitably according to
Federal cost principles in 43 CFR 12.62
and 50 CFR 80.15.
§86.45When will I receive the funds?
Once you sign the grant agreement,
we will make the funds available.
Subpart E—How States Apply for
Grants
§86.50When must I apply?
(a) We will accept proposals between
February 20, 2001, and May 18, 2001,
for the first grant cycle; between July 1,
2001, and September 30, 2001, for the
second grant cycle; and between July 1,
2002, and September 30, 2002, for the
third grant cycle. This program starts
fiscal year 2000 and ends fiscal year
2003. We will have $16 million to
award the first grant cycle, and $8
million each cycle after that.
(b) The annual schedule follows:
ActionFY 2000–2001FY 2002FY 2003
We announce the beginning of the
grant cycle.
February 20, 2001........................July 1, 2001..................................July 1, 2002.
You submit your grant proposal byMay 18, 2001................................September 30, 2001.....................September 30, 2002.
Regions submit the proposals to
Washington by.
June 18, 2001...............................October 31, 2001..........................October 31, 2002.
We rank the proposals by..............July 17, 2001................................November 30, 2001......................November 30, 2002.
The Director approves proposals
by.
August 16, 2001...........................December 31, 2001......................December 31, 2002.
Regions finalize their grant agree-
ments by.
October 15, 2001..........................February 28, 2002........................February 28, 2003.
§86.51To whom must I apply?
You must submit your proposals to
the appropriate regional office of the
U.S. Fish and Wildlife Service. See the
chart below for the address you will
need.
RegionState AddressTelephone
1....................California, Hawaii, Idaho, Nevada, Oregon,
Washington, American Samoa, Com-
monwealth of the Northern Mariana Is-
lands, and Guam.
Division of Federal Aid, U.S. Fish & Wildlife
Service, Eastside Federal Complex, 911
NE 11th Avenue, Portland, OR 97232–
4181.
503–231–6128, Fax: 503–231–6996
2....................Arizona, New Mexico, Oklahoma, and
Texas.
Division of Federal Aid, U.S. Fish & Wildlife
Service, P.O. Box 1306, 625 Silver, SW,
Suite 325, Albuquerque, NM 87102.
505–248–7450, Fax: 505–248–7471
3....................Illinois, Indiana, Iowa, Michigan, Minnesota,
Missouri, Ohio, and Wisconsin.
Division of Federal Aid, U.S. Fish & Wildlife
Service, Bishop Henry Whipple Federal
Building, 1 Federal Drive, Fort Snelling,
MN 55111–4056.
612–713–5130, Fax: 612–713–5290
4....................Alabama, Arkansas, Florida, Georgia, Ken-
tucky, Louisiana, Mississippi, North Caro-
lina, South Carolina, Tennessee, Puerto
Rico, and the Virgin Islands.
Division of Federal Aid, U.S. Fish & Wildlife
Service, 1875 Century Boulevard, Suite
324, Atlanta, Georgia 30345.
404–679–4159, Fax: 404–679–4160
VerDate 11<MAY>200021:00 Jan 17, 2001Jkt 194001PO 00000Frm 00009Fmt 4701Sfmt 4700E:\FR\FM\18JAR4.SGMpfrm08PsN: 18JAR4
Attachment number 3
Page 9 of 14
5290 Federal Register /Vol. 66, No. 12/Thursday, January 18, 2001/Rules and Regulations
RegionState AddressTelephone
5....................Connecticut, Delaware, District of Colum-
bia, Maine, Maryland, Massachusetts,
New Hampshire, New Jersey, New York,
Pennsylvania, Rhode Island, Vermont,
Virginia, and West Virginia.
Division of Federal Aid, U.S. Fish & Wildlife
Service, 300 Westgate Center Drive,
Hadley, MA 01035–9589.
413–253–8200, Fax: 413–253–8487
6....................Colorado, Kansas, Montana, Nebraska,
North Dakota, South Dakota, Utah, and
Wyoming.
Division of Federal Aid, U.S. Fish & Wildlife
Service, Denver Federal Center, P.O.
Box 25486, Lake Plaza North Building,
134 Union Boulevard, 4th Floor, Denver,
Colorado 80225.
303–236–7392, Fax: 303–236–8192
7....................Alaska..........................................................Division of Federal Aid, U.S. Fish & Wildlife
Service, 1011 East Tudor Road, Anchor-
age, Alaska 99503.
907–786–3435, Fax: 907–786–3575
§86.52What information must I include in
my grant proposals?
You must submit the following
standard forms and narrative for all
projects (Tier One and Tier Two) (see
§86.53):
(a) Standard Form 424 series as
prescribed by the Office of Management
and Budget. The SF 424 series consists
of the Applications for Federal
Assistance (SF 424), Budget
Information—Non-Construction
Programs (SF 424A), Assurances—Non-
Construction Programs (SF 424B),
Budget Information—Construction
Programs (SF 424C), and Assurances—
Construction Programs (SF 424D).
Submit forms appropriate for either
construction or nonconstruction
projects. Forms are available from your
appropriate Service Regional Office.
(b) Information requested under OMB
Circular A–102 (Application Booklet for
Federal Aid Grants—pending approval
under the Paperwork Reduction Act).
§86.53What are funding tiers?
(a) This grant program will consist of
two tiers of funding.
(i) You may apply for one or both
tiers.
(ii) The two tiers will allow all States
some certainty of base level funding.
(b) Tier One funding will ensure
broad geographical distribution to meet
the needs of transient nontrailerable
recreational vessels.
(c) Tier Two funding will allow States
with large projects to compete with
other States with large projects based on
individual project merits.
(d) We describe the two tiers as
follows:
(1) Tier One Projects.
(i) You may submit a proposal with an
unlimited number of projects within
this tier. However, your total request
cannot exceed $100,000 of Federal
funds for any given fiscal year.
(ii) Tier One projects must meet the
eligibility requirements in §§86.14 and
86.20.
(2) Tier Two Projects.
(i) While we expect available funds
for Tier Two proposals to be between $3
million and $4 million per grant cycle,
we have no dollar limit for Tier Two
proposals. You may submit any number
of projects, which we will score and
rank separately according to the criteria
in §86.60.
(ii) Each project will compete
nationally against every other project in
Tier Two.
(iii) Tier Two projects must also meet
the eligibility requirements in §§86.14
and 86.20.
§86.54How must I submit proposals?
(a) You may apply for either Tier One
funding or Tier Two funding or both.
(b) You may submit more than one
project proposal within Tier One and
Tier Two.
(c) You may submit one proposal that
includes Tier One and Tier Two
projects.
(d) If your proposal includes Tier One
and Tier Two projects, you must
describe Tier One projects separately
from Tier Two projects.
(e) You must describe each project in
Tier Two separately, so that the Service
can rank and score each project in Tier
Two separately.
(f) For the first grant cycle, which
includes fiscal years 2000 and 2001, a
State may submit one Tier One proposal
not to exceed $100,000 per fiscal year.
States should submit proposals between
February 20, 2001, and May 18, 2001.
We will fund one Tier One proposal per
State for each fiscal year provided that
each proposal meets the eligibility
requirements in §§86.14 and 86.20.
Fiscal year 2000 funds are available
only for Tier One proposals. Tier One
proposals need not meet the criteria in
§86.60. We will fund Tier Two
proposals received between February
20, 2001, and May 18, 2001, that meet
the criteria in §§86.14, 86.20, and 86.60
with fiscal year 2001 funds and the
remainder of fiscal year 2000 funds.
(g) For the remaining grant cycles, you
may submit only one proposal of Tier
One projects per fiscal year.
(h) When we approve projects, the
appropriate Service Regional Office will
determine how many grant agreements
are necessary.
§86.55What are my compliance
requirements with Federal laws,
regulations, and policies?
(a) To receive Federal funds, you must
agree to and certify compliance with all
applicable Federal laws, regulations,
and policies. You must submit an
Assurance Statement, as described in 43
CFR part 12.51(c), that describes how
you comply with Federal grant
requirements; and
(b) You may have to provide
additional documentation to comply
with environmental and other laws, as
defined in Fish and Wildlife Service
Manual 523 FW 1 (available on the
internet at http://www.fws.gov/
directives/523fw1.html). The Service
Regional Office Grant Administrator
may request preliminary evidence at the
grant proposal stage that the proposed
project will meet these compliance
requirements. Consult with the
appropriate Service Regional Office for
specific applicability.
Subpart F—How the Service Selects
Projects To Receive Grants
§86.60What are the criteria used to select
projects for grants?
(a) We will rank all Tier Two
proposals according to the criteria in
paragraph (b) of this section and the
attached chart, which sets forth points
we will ascribe for various factors.
(b) We will consider proposals that:
VerDate 11<MAY>200021:00 Jan 17, 2001Jkt 194001PO 00000Frm 00010Fmt 4701Sfmt 4700E:\FR\FM\18JAR4.SGMpfrm08PsN: 18JAR4
Attachment number 3
Page 10 of 14
5291Federal Register /Vol. 66, No. 12/Thursday, January 18, 2001/Rules and Regulations
(1) Plan to construct, renovate, and maintain tie-up facilities for transient nontrailerable recreational vessels following prior-
ities identified in your State’s program plan (see Subpart M for State program plan information) that the Secretary of the
Interior has approved under section 7404(c) of the Sportfishing and Boating Safety Act.
15 points.
(2) Provide for public/private and public/public partnership efforts to develop, renovate, and maintain tie-up facilities.
These partners must be other than the Service and lead State agency:
(i) One partner...............................................................................................................................................................................5 points.
(ii) Two partners............................................................................................................................................................................10 points.
(iii) Three or more partners...........................................................................................................................................................15 points.
(3) Use innovative techniques to increase the availability of tie-up facilities for transient nontrailerable recreational vessels
(includes education/information).
0–15 points.
(4) Include private, local, or other State funds in addition to the non-Federal match, described in §86.42:
(i) Twenty-six percent to thirty-five percent................................................................................................................................5 points.
(ii) Between thirty-six and forty-nine percent.............................................................................................................................10 points.
(iii) Fifty percent and above..........................................................................................................................................................15 points.
(5) Are cost efficient. Proposals are cost efficient when the tie-up facility or access site’s features add a high value compared
with the funds from the proposal, for example, where you construct a small feature such as a transient mooring dock
within an existing harbor that adds high value and opportunity to existing features (restrooms, utilities, etc.). A proposal
that requires installing all of the above features would add less value for the cost.
0–10 points.
(6) Provide a significant link to prominent destination way points such as those near metropolitan population centers, cul-
tural or natural areas, or that provide safe harbors from storms.
10 points.
(7) Provide access to recreational, historic, cultural, natural, or scenic opportunities of national, regional, or local signifi-
cance. Projects that provide access to opportunities of national, regional, or local significance receive 5 points for each, for
a maximum of 15 points
(8) Provide significant positive economic impacts to a community. For example, a project that costs $100,000 and attracts a
number of boaters who altogether spend $1 million a year in the community.
1–5 points.
(9) Include multi-State efforts that result in coordinating location of tie-up facilities....................................................................5 points.
(10) Total possible points.....................................................................................................................................................................105 points.
CriteriaPoints
(1) Construct Tie-up Facilities15
(2) Provide Partnership Efforts5–15
(3) Use Innovative Techniques0–15
(4) Include Other Funding
Sources...............................5–15
(5) Are Cost Efficient..............0–10
(6) Provide Way Point Linkage10
(7) Provide Access To Oppor-
tunities.................................5–15
(8) Provide Significant Eco-
nomic Impacts.....................1–5
(9) Include Multi-State Efforts5
(10) Total Possible Points......105
§86.61What process does the Service use
to select projects for grants?
The Service’s Division of Federal Aid
convenes a panel of professional staff to
review, rank, and recommend funding
to the Service Director. This panel will
include representatives from the
Service’s Washington, DC, and Regional
Offices. The Director may convene an
advisory panel of nongovernmental
organizations to advise and make
recommendations to the Federal panel.
The Service Director will select projects
for grants by August 16, 2001, August
10, 2001, and August 10, 2002, for the
three grant cycles.
§86.62What must I do after my project
has been selected?
After we approve your award, we will
notify you to work with the appropriate
Service Regional Office to fulfill the
grant documentation requirements and
finalize the grant agreement.
§86.63May I appeal if my project is not
selected?
If you have a difference of opinion
over the eligibility of proposed activities
or differences arising over the conduct
of work, you may appeal to the Director.
Final determination rests with the
Secretary of the Interior (50 CFR 80.7).
Subpart G—How States Manage
Grants
§86.70What are my requirements to
acquire, install, operate, and maintain real
and personal property?
(a) You will find applicable
regulations for this subject in 43 CFR
12.71 and 12.72. If you have questions
about applicability, contact the
appropriate Service Regional Office.
(b) You must ensure that the design
and installation of tie-up facilities
provide for substantial structures that
will have a significant longevity, at least
20 years.
(c) You must ensure that you operate,
maintain, and use the tie-up facilities
and features for the stated grant
purpose. You must obtain prior written
approval from the appropriate Service
Regional Director before you can
convert these tie-up facilities to other
uses.
§86.71How will I be reimbursed?
For details on how we will pay you,
refer to 43 CFR 12.61.
§86.72Do any other Federal requirements
apply to this program?
For administrative requirements not
covered under these specific guidelines,
check 43 CFR 12, which generally
applies to all Federal grant programs.
§86.73What if I do not spend all the
money?
Funds not obligated or expended after
3 fiscal years from the date of the award
revert to the Secretary of Transportation
for use in State recreational boating
safety programs. (16 U.S.C.
777c(b)(3)(B), 16 U.S.C. 777c(b)(4))
§86.74What if I need more money?
Funds for grants are available only on
a competitive basis. Therefore, if you
need more money, you must compete in
the next grant cycle.
Subpart H—Reporting Requirements
for the States
§86.80What are my reporting
requirements for this grant program?
(a) For all projects, you must submit
to the appropriate Service Regional
Office an annual report and a final
performance report and otherwise
comply with 43 CFR 12.80.
(b) For Tier Two projects, you must
submit quarterly reports according to 43
CFR 12.80.
§86.81When are the reports due?
Reports are due as follows:
(a) Annual reports are due 90 days
after the grant year ends;
(b) The final performance report is
due 90 days after the expiration or
termination of grant support;
(c) Tier Two quarterly reports are due
January 31, April 30, July 31, and
October 31 unless specified otherwise in
the grant agreement; and
(d) The State must report certified
percentage of completion data and other
significant developments in accordance
VerDate 11<MAY>200022:02 Jan 17, 2001Jkt 194001PO 00000Frm 00011Fmt 4701Sfmt 4700E:\FR\FM\18JAR4.SGMpfrm02PsN: 18JAR4
Attachment number 3
Page 11 of 14
5292 Federal Register /Vol. 66, No. 12/Thursday, January 18, 2001/Rules and Regulations
with the grant agreement or 43 CFR
12.80.
§86.82What must be in the reports?
The reports must include the
following:
(a) You must identify the actual
accomplishments compared to the
objectives established for the period;
(b) You must identify the reasons for
any slippage if established objectives
were not met; and
(c) You must identify any additional
pertinent information including, when
appropriate, analysis and explanation of
cost overruns or high unit costs.
Subpart I—State Use of Signs and
Sport Fish Restoration Symbols
§86.90What are my responsibilities for
information signs?
You should install appropriate
information signs at boating
infrastructure tie-up facilities. You
should ensure that this information is
clearly visible, directing boaters to the
facility. Information should show fees,
restrictions, hours of operation, a
contact name, and telephone number to
report an inoperable facility.
§86.91What are my program crediting
responsibilities?
You should give public credit to the
Federal Aid in Sport Fish Restoration
(SFR) program as the source of funding
for the BIG Program. You should
recognize this program by using the SFR
logo. You are encouraged to use the
crediting logo identified in §80.26 of
this chapter to identify national BIG
Program projects.
§86.92Who can use the SFR logo?
The States may use the SFR logo and
should encourage others to display it.
Other people or organizations may use
the logo for purposes related to the
national BIG Program as authorized in
§80.26 of this chapter.
§86.93Where should I use the SFR logo?
You should display the logo on tie-up
facilities that you construct, acquire,
develop, or maintain under these grants.
You should also use the logo on printed
material or other visual representations
that relate to project accomplishments
or education/information. Refer to
§85.47 of this chapter for logo colors.
§86.94What crediting language should I
use?
Suggested examples of language to
use when crediting the national BIG
Program follow:
(a) Example 1: The Federal Aid in
Sport Fish Restoration Program funded
this facility thanks to your purchase of
fishing equipment and motorboat fuels.
(b) Example 2: The Federal Aid in
Sport Fish Restoration Program is
funding this construction thanks to your
purchase of fishing equipment and
motorboat fuels. And,
(c) Example 3: The Federal Aid in
Sport Fish Restoration Program funded
this (pamphlet) thanks to your purchase
of fishing equipment and motorboat
fuels.
Subpart J—Service Completion of the
National Framework
§86.100What is the National Framework?
The National Framework is the
survey, required by the Act, you must
use to determine boating access needs in
your State. Through a State survey, you
must conduct a boating access needs
assessment or data collection to
determine the adequacy, number,
location, and quality of tie-up facilities
and boat access sites providing access to
recreational waters for all sizes of
recreational boats.
§86.101What is the Service schedule to
adopt the National Framework?
The Secretary of the Interior adopted
the National Framework on September
28, 2000 via a notice in the Federal
Register (Volume 65, Number 189, Page
58284).
§86.102How did the Service design the
National Framework?
The Framework divides the survey
into two components: boater survey,
and boat access provider survey.
(a) The purpose of the boater survey
component is to identify boat user
preferences and concerns for existing
and needed access available to the
public.
(1) The nontrailerable boat data set
will fulfill informational needs for you
to develop your State program plans as
called for in the Act.
(2) The boater survey will survey
registered boat owners in your State for
two types of boats:
(i) Part A—for nontrailerable
recreational vessels.
(ii) Part B—for trailerable and ‘‘car-
top’’ boats (less than 26 feet long).
(b) The purpose of the boat access
provider component is to identify boat
access providers’ ideas about current
and needed facility and site locations
and perceptions of boat user preferences
and concerns regarding access. We
developed these questions to guide
interviews of boat access facility and
site managers.
(1) The nontrailerable boat data set
will fulfill the informational needs for
you to develop your State plans as
called for in the Act.
(2) The boat access provider survey
will survey facility providers in your
State for two types of boats:
(i) Part C—a survey to all providers in
your State who allow public access,
including State agency and non-State
entities (Federal and local government
entities, corporate and private/
commercial providers), and operate tie-
up facilities for nontrailerable
recreational vessels.
(ii) Part D—a survey to all providers
in your State who allow public access
and operate boat access sites for boats
less than 26 feet long.
Subpart K—How States Will Complete
Access Needs Surveys
§86.110What does the State survey do?
The State survey determines the
status of boating access facilities for all
recreational boats in your State and your
future boater access needs.
§86.111Must I do a survey?
The Act does not require surveys.
They are voluntary. However, if you do
a survey, you must complete it
following the National Framework to
receive funds. You must transmit the
results to the Service Regional Offices in
a common electronic format, such as
Microsoft Word, Word Perfect, Excel or
Quattro Pro.
§86.112What are the advantages of doing
a survey?
Surveys provide the information
necessary to fully understand the needs
of boaters in your State. Surveys allow
you to develop a meaningful plan to
provide better access to boaters. Use
surveys to complete the plan.
§86.113What if I have recently completed
a boat access survey?
If the recent survey substantially
answers the provisions in §86.118, the
appropriate Service Regional Office will
determine if it is sufficient to meet the
needs of the program. If the Regional
Office determines that the survey is not
sufficient, you must complete that
portion(s) or an entire new survey to
receive credit for completing a recent
survey.
§86.114Do I need to conduct a survey if
I already have a plan for installing tie-up
facilities?
You need not conduct the survey if
the appropriate Secretary of the Interior
certifies that you have developed and
are carrying out a State program plan, as
described in Subpart M of this chapter,
that ensures that public boat access
exists and is adequate to meet the needs
of recreational boaters on your waters.
VerDate 11<MAY>200021:00 Jan 17, 2001Jkt 194001PO 00000Frm 00012Fmt 4701Sfmt 4700E:\FR\FM\18JAR4.SGMpfrm08PsN: 18JAR4
Attachment number 3
Page 12 of 14
5293Federal Register /Vol. 66, No. 12/Thursday, January 18, 2001/Rules and Regulations
§86.115How should I administer the
survey?
Use a consultant or university
specializing in administration of such
surveys. Use sample sizes large enough
to achieve statistical accuracy so the
estimate is within plus or minus 10
percent of the true number.
(a) You may use a telephone, mail, or
other type of survey for a sample
population of boaters within the State.
Costs for telephone and mail surveys are
roughly similar. However, response
rates for mail surveys are generally
lower.
(b) For boat access providers, we
prefer that you survey all State agency
and non-State providers, but you may
survey a sample population.
(c) You may develop your own
methodology to collect data, which may
include telephone, mail, fax, or other
inventory means. We do not expect you
to use automated, electronic,
mechanical, or similar means of
information collection.
(d) Data collected are unique to each
respondent. Data collection should use
standard survey method criteria to
gather information from each
respondent.
§86.116May I change the questions in the
survey?
You must not change the questions
because we need information that is
comparable nationwide. We have
developed a survey instrument for
completing the surveys. We are seeking
approval from OMB on the survey
questions and the OMB approval does
not extend to additional questions.
§86.117Reserved for survey approval
schedule.
§86.118What does this survey instrument
include?
(a) We divided this survey into four
parts. Part A being for transient
nontrailerable boat owners. Part B is for
trailerable or ‘‘car-top’’ boat owners.
Part C is for State agency and non-State
providers of facilities for nontrailerable
recreational vessels in the State. Part D
is for State and non-State providers of
access sites for trailerable or ‘‘car-top’’
boats.
(b) Follow these instructions to
complete Part A—BOAT OWNER
SURVEY FOR TIE-UP FACILITIES FOR
NONTRAILERABLE RECREATIONAL
VESSELS:
(1) If the boater owns a nontrailerable
recreational vessel, ask the boater to fill
out Part A;
(2) If the boater owns more than one
boat 26 feet or more in length, ask the
boater to provide information for the
boat he or she uses most often;
(3) If the boater owns at least one boat
more than and at least one boat less than
26 feet in length, ask the boater to fill
out both Parts A and B; and,
(4) You should use a sample size large
enough to achieve statistical accuracy so
the estimate is within 10 percent of the
true number.
(c) Follow these instructions to
complete Part B—BOAT OWNER
SURVEY FOR TRAILERABLE OR
‘‘CAR-TOP’’ BOAT ACCESS SITES:
(1) If the boater owns a boat less than
26 feet long, ask the boater to fill out
Part B;
(2) If the boater owns more than one
boat less than 26 feet long, ask the
boater to provide information for the
boat he or she uses most;
(3) If the boater owns at least one boat
more than and at least one boat less than
26 feet in length, ask the boater to
complete both Parts A and B; and,
(4) You should use a sample size large
enough to achieve statistical accuracy so
the estimate is within 10 percent of the
true number.
(d) Parts C and D are surveys for
providers of tie-up facilities and boat
access sites. Part C is for State agency
and non-State providers of facilities for
nontrailerable recreational vessels in the
State. Part D is for State and non-State
providers of boat access sites for boats
less than 26 feet in length.
(e) Follow these instructions to
complete Part C—STATE AGENCY
AND NON-STATE PROVIDER SURVEY
FOR TIE-UP FACILITIES:
(1) Ask State agency and non-State
providers of tie-up facilities for
nontrailerable recreational vessels to fill
out Part C.
(2) If more than one State agency
manages these facilities, send this
survey to all of those agencies.
(3) If the State agency or non-State
provider awards grants to others who
provide facilities, ask these grantees to
respond for these facilities instead of the
State agency or non-State provider.
(4) If a State agency or non-State
provider operates facilities and sites for
both nontrailerable and trailerable boats,
ask the provider to fill out both Parts C
and D.
(5) Ask State agency and non-State
providers to identify all tie-up facilities.
(6) For all questions, if you need
additional space, make copies of the
appropriate page.
(f) Follow these instructions to
complete Part D—STATE AGENCY
AND NON-STATE PROVIDER SURVEY
FOR TRAILERABLE BOAT ACCESS
SITES:
(1) Ask State agency and non-State
providers of access sites for boats less
than 26 feet long to fill out Part D.
(2) Non-State providers include the
Federal Government, local government,
corporations, private owners, and
others.
(3) If more than one State agency
manages these sites, send this survey to
all of them.
(4) If the State agency or non-State
provider awards grants to others who
provide sites, ask these grantees to
respond for these sites instead of the
State agency or non-State provider.
(5) If a State agency or non-State
provider operates facilities and sites for
both nontrailerable and trailerable boats,
ask the provider to fill out both Parts C
and D.
(6) We prefer that the State agency or
non-State provider identify all boat
access sites and water-bodies, but if he
or she has many sites and water-bodies,
the provider may group the information
together rather than identify each site
individually.
(7) For all questions, if you need
additional space, make copies of the
appropriate page.
Subpart L—Completing the
Comprehensive National Assessment
§86.120What is the Comprehensive
National Assessment?
The Comprehensive National
Assessment is a national report
integrating the results of State boat
access needs and facility surveys.
§86.121What does the Comprehensive
National Assessment do?
The Comprehensive National
Assessment determines nationwide the
adequacy, number, location, and quality
of public tie-up facilities and boat
access sites for all sizes of recreational
boats.
§86.122Who completes the
Comprehensive National Assessment?
The Service completes the
Assessment. We will develop standards
in consultation with the States.
§86.123Comprehensive National
Assessment schedule.
Using the results from the State
surveys, the Service will compile the
results and produce the Comprehensive
National Assessment by September 30,
2003.
§86.124What are the Comprehensive
National Assessment products?
The Comprehensive National
Assessment products are:
(a) A single report, including the
following information:
(1) A national summary of all the
information gathered in the State
surveys.
VerDate 11<MAY>200021:00 Jan 17, 2001Jkt 194001PO 00000Frm 00013Fmt 4701Sfmt 4700E:\FR\FM\18JAR4.SGMpfrm08PsN: 18JAR4
Attachment number 3
Page 13 of 14
5294 Federal Register /Vol. 66, No. 12/Thursday, January 18, 2001/Rules and Regulations
(2) A table of States showing the
results of the information gathered.
(3) One-page individual State
summaries of the information.
(4) Appendices that include the
survey questions, and names, addresses,
and telephone numbers of State
contacts.
(5) An introduction, background,
methodology, results, and findings.
(6) Information on the following:
(i) Boater trends, such as what types
of boats they own, where they boat, and
how often they boat.
(ii) Boater needs, such as where
facilities and sites are now found, where
boaters need new facilities and boat
access sites, and what changes of
features boaters need at these facilities
and sites. And
(iii) Condition of facilities.
(b) Summary report abstracting
important information from the final
national report. And
(c) A key findings fact sheet suitable
for widespread distribution.
Subpart M—How States Will Complete
the State Program Plans
§86.130What does the State program plan
do?
The State program plan identifies the
construction, renovation, and
maintenance of tie-up facilities needed
to meet nontrailerable recreational
vessel user needs in the State.
§86.131Must I do a plan?
The Act does not require plans. Plans
are voluntary. However, if you do a
plan, you must complete it following
these regulations.
§86.132What are the advantages to doing
a plan?
Plans provide the information
necessary to fully understand the needs
of boaters operating nontrailerable
recreational vessels in your State. The
plan will make you more competitive
when you submit grants under this
program. We will give you 15 points for
having an approved plan.
§86.133What are the plan standards?
You must base State program plans on
a recent, completed survey following
the National Framework.
§86.134What if I am already carrying out
a plan?
You need not develop a program plan
if we certify that you have developed
and are carrying out a plan that ensures
public boat access is and will be
adequate to meet the needs of
recreational boaters on your waters.
§86.135Reserved for plan approval
schedule.
§86.136What must be in the plan?
The plan must:
(a) Identify current boat use and
patterns of use.
(b) Identify current tie-up facilities
and features open to the public and
their condition.
(c) Identify boat access user needs and
preferences and their desired locations.
Include repair, replacement, and
expansion needs and new tie-up
facilities and features needed.
(d) Identify factors that inhibit boating
in specific areas, such as lack of
facilities, or conditions attached that
inhibit full use of facilities. Identify
strategies to overcome these problems.
(e) Include information about the
longevity of current tie-up facilities.
§86.137What variables should I consider?
You should consider the following
variables:
(a) Location of population centers,
(b) Boat-based recreation demand,
(c) Cost of development,
(d) Local support and commitment to
maintenance,
(e) Water-body size,
(f) Nature of the fishery and other
resources,
(g) Geographic distribution of existing
tie-up facilities,
(h) How to balance the need for new
tie-up facilities with the cost to
maintain and improve existing facilities.
Dated: December 8, 2000.
Kenneth L. Smith,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 01–951 Filed 1–17–01; 8:45 am]
BILLING CODE 4310–55–P
VerDate 11<MAY>200021:00 Jan 17, 2001Jkt 194001PO 00000Frm 00014Fmt 4701Sfmt 4700E:\FR\FM\18JAR4.SGMpfrm08PsN: 18JAR4
Attachment number 3
Page 14 of 14
Page 1 of 1
Rev. 3/06
ATTACHMENT C
Comptroller Contract Payment Requirements
Department of Financial Services, Bureau of Accounting and Auditing
Voucher Processing Handbook (10/07/97)
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which
reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu
of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only
expenditures for categories in the approved contract budget should be reimbursed.
Listed below are examples of types of documentation representing the minimum requirements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of
fringe benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or
copies of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida
Statutes, which includes submission of the claim on the approved State travel voucher
or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable
property is purchased using State funds, the contract should include a provision for the
transfer of the property to the State when services are terminated. Documentation must
be provided to show compliance with Department of Management Services Rule 60A-
1.017, Florida Administrative Code, regarding the requirements for contracts which
include services and that provide for the contractor to purchase tangible personal
property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the
State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The
rates must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then
the calculation should be shown.
Attachment number 4
Page 1 of 1
7/21/09
ATTACHMENT D
REQUIREMENTS OF THE FLORIDA AND FEDERAL SINGLE AUDIT ACTS
The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission
(Commission) to the Contractor/Grantee (recipient) may be subject to audits and/or monitoring by the
Commission as described in this section.
Monitoring
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see “AUDITS” below), monitoring procedures may include, but not be limited to, on-site visits by
Commission staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures.
By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a
limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions
provided by the Commission staff to the recipient regarding such audit. The recipient further agrees to comply
and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or
Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in
OMB Circular A-133, as revised.
In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must
have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as
revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Commission by this
agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources
of Federal awards, including Federal resources received from Commission. The determination of amounts of
Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB
Circular A-133, as revised, will meet the requirements of this part.
In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends
less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with
the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources
(i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities).
(NOTE: The State awarding agency should address other miscellaneous matters affecting Part I audits, such as
Web sites where information that would help facilitate the recipient’s compliance can be obtained. DELETE THIS
NOTE)
PART II: STATE FUNDED
This part is applicable if the recipient is a non-state entity as defined by Section 215.97(2)(l), Florida Statutes.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for
such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of
the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial
assistance awarded through the Commission by this agreement. In determining the state financial assistance
expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state
Attachment number 5
Page 1 of 4
7/21/09
financial assistance received from the Commission other state agencies, and other non-state entities. State
financial assistance does not include Federal direct or pass-through awards and resources received by a non-
state entity for Federal program matching requirements.
In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient
expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the
non-state entity’s resources (i.e., the cost of such an audit must be paid from the recipient’s resources obtained
from other than State entities).
(NOTE: The State awarding agency should address other miscellaneous matters affecting Part II audits, such as
Web sites where information that would help facilitate the recipient’s compliance can be obtained. DELETE THIS
NOTE)
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding
entity that are solely a matter of that State awarding entity’s policy (i.e., the audit is not required by
Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to
Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of state
financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida
Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such
additional audits. DELETE THIS NOTE.)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133,
as revised, by or on behalf of the recipient directly to each of the following:
The Commission at the following address:
Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 170
620 S. Meridian St.
Tallahassee, FL 32399-1600
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required
by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit
Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-
133, as revised.
Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting
package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by
the auditor, to the Commission at the following address:
Attachment number 5
Page 2 of 4
7/21/09
Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 170
620 S. Meridian St.
Tallahassee, FL 32399-1600
Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of
the recipient directly to each of the following:
The Commission at the following address:
Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 170
620 S. Meridian St.
Tallahassee, FL 32399-1600
The Auditor General’s Office at the following address:
Auditor General’s Office
G74 Claude Pepper Building
111 West Madison Street
Tallahassee, FL 32399-1450
Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on
behalf of the recipient directly to:
The Commission the following address:
Audit Director
Florida Fish and Wildlife Conservation Commission
Bryant Building, Room 170
620 S. Meridian St.
Tallahassee, FL 32399-1600
Any reports, management letter, or other information required to be submitted to the Commission pursuant to this
agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General, as applicable.
Recipients, when submitting financial reporting packages to the Commission for audits done in accordance with
OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to
the recipient in correspondence accompanying the reporting package.
Contact the Commission’s Audit Director by phone at (850) 488-6068.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of five (5) years from the date the audit report is issued, and shall allow the Commission or its designee,
Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit
working papers are made available to the Commission or its designee, Comptroller, or Auditor General upon
request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the
Commission.
Attachment number 5
Page 3 of 4
7/21/09
EXHIBIT – 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF
THE FOLLOWING:
(NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the
same information shown below for each Federal program and show total Federal resources awarded. If
no Federal funds are used, just show “None.” DELETE THIS NOTE)
State Agency: Florida Fish and Wildlife Conservation Commission
Federal Agency: US Fish and Wildlife Service
Federal Program: Boating Infrastructure Grant Program
CFDA No.: 15.6220
Recipient: City of Clearwater
Amount: $1,236,097
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
Federal Program:
1. Recipient must comply with all provisions of the Boating Infrastructure Grant Program Final Rule, 50 CFR
Part 86
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS: None
SUBJECT TO SECTION 215.97, FLORIDA STATUTES: None
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS: See Attachment C
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes,
require that the information about Federal Programs and State Projects included in Exhibit 1 be provided
to the recipient.
Attachment number 5
Page 4 of 4
Page 1 of 2
ATTACHMENT E
CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS
Required for all contractors and subcontractors on procurement (vendor) contracts of $100,000 or more,
and for all contracts and grants with sub-recipients regardless of amount, when funded by a federal grant.
1. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
2. The undersigned also certifies that it and its principals:
(a) Have not within a three-year period preceding this response been convicted of or had a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local)
transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property.
(b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this
Certification; and
(c) Have not within a three-year period preceding this certification had one or more public transactions
(Federal, State or local) terminated for cause or default.
3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be
attached to this certification.
Dated this day of , 20___.
By: _____________________________________________
Authorized Signature/Contractor / Sub-Recipient
Typed Name/Title
Contractor/ Sub-Recipient Organization Name
Street Address
Building, Suite Number
City/State/Zip Code
Area Code/Telephone Number
Attachment number 6
Page 1 of 2
Page 2 of 2
INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-
LOWER TIER FEDERALLY FUNDED TRANSACTIONS
1. By signing and submitting this form, the certifying party is providing the certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the Florida Fish and Wildlife
Conservation Commission (FWC) or agencies with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if
at any time the certifying party learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have
the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact the person to which this contract is submitted for assistance in obtaining a copy of those
regulations.
5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered
into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,
unless authorized by the FWC or agency with which this transaction originated.
6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"
without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier
covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to,
check the Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.)
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available
to the Federal Government, the FWC or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
Attachment number 6
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Approve a contract with URS Corporation in the amount of $235,250 for the remediation action plan cleanup of the ground water at the
Clearwater Airpark.(consent)
SUMMARY:
Over its history, the aircraft fueling area at the Clearwater Airpark has been impacted with aviation fuel. In July 2008 the Florida
Department of Transportation approved additional funds for the cleanup. This agenda requests approval of a contract issued to URS
Corporation for the cleanup.
The current extent of the impacted groundwater was delineated and the Pinellas County Health Department (PCHD) requested submittal
of a Remedial Action Plan (RAP) for the cleanup.
An original RAP was conducted by URS Corporation that specified chemical oxidation with enhanced aerobic bioremediation treatment
of the impacted groundwater. This proposed remedial design was approved by the PCHD in correspondence dated November 26, 2007.
The city contacted URS Corporation to re-evaluate the cost estimate for a dual phase vacuum extraction (DPVE) system comparable to
the remedial technology specified in the former RAP. The RAP Addendum was approved by the PCHD Pollutant Storage Tank Cleanup
Program on April 23, 2009.
The URS work order initiation form (attached) addresses installation and startup of the proposed remedial system, as well as the
operation, maintenance, monitoring and reporting for the first year of remedial activities. The budget for the project is a maximum of
$235,250.
The cost will be covered with Florida Department of Transportation grant funds and city match from project 315-94846.
Type:Operating Expenditure
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$235,250 Annual Operating Cost:
Not to Exceed:$235,250 Total Cost:$235,250
For Fiscal Year:2009 to 2010
Appropriation Code Amount Appropriation Comment
315094846-530300-575-000-
0000
$235,250
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager ED 5) Clerk 6) City Manager 7) Clerk
Cover Memo
7650 W. Courtney Campbell Causeway
Tampa, FL 33607
Phone: 813-286-1777
Fax 813-636-2499
URS CORPORATION WORK ORDER INITIATION FORM
Date: July 8, 2009 URS Project No. _12008824_
City Project No. 07-0029-MA
1. PROJECT TITLE: Remedial Action Plan Implementation
& Year One Operations
Clearwater Executive Airpark
1100 North Hercules Avenue
Clearwater, Florida
Facility ID# 528630882
2. SCOPE OF WORK:
SUMMARY
The aircraft fueling area at the subject property has been impacted with aviation gasoline.
Approximately 310 tons of impacted soil were excavated and transported to a permitted
thermal treatment facility in October 2002. Concentrations of several organic constituents
(i.e., benzene and toluene) in groundwater exceed natural attenuation default source
concentrations based on data collected in February 2005. The lateral and vertical extent of
impacted groundwater was adequately delineated and the Pinellas County Health
Department (PCHD) requested submittal of a Remedial Action Plan (RAP) in correspondence
dated August 15, 2007.
URS conducted supplemental assessment activities and prepared a RAP, which was
submitted to the PCHD Pollutant Storage Tank Cleanup Program on September 28, 2007.
The RAP specified in-situ chemical oxidation coupled with enhanced aerobic bioremediation
to treat groundwater impacted with aviation gasoline. This proposed remedial design was
approved by the PCHD in correspondence dated November 26, 2007.
Subsequent to submittal of this RAP, the City of Clearwater asked URS to re-evaluate the
cost estimate for a dual phase vacuum extraction (DPVE) system. Following several
discussions and site visits with a turn-key remediation equipment supplier, a cost estimate
was developed for a DPVE system that was comparable to the remedial technology specified
in the September 2007 RAP. Based on this and other factors, the City of Clearwater and
URS opted for implementation of a DPVE system at the subject property.
Accordingly, URS prepared a supplemental RAP which specif ied a DPVE system. This
supplemental RAP was submitted to the PCHD on June 12, 2008. Based on comments
provided by the PCHD, a RAP Addendum was prepared and submitted on November 20,
2008. The RAP Addendum was approved by the PCHD Pollutant Storage Tank Cleanup
Program on April 23, 2009.
This work order initiation form addresses installation and startup of the proposed remedial
system. This work order initiation form also addresses operation, maintenance, monitoring,
Attachment number 1
Page 1 of 4
City of Clearwater – Remedial Action Implementation– Clearwater Executive Airpark RAP ADD WOIF R1
July 8, 2009
2
and reporting for the first year of remedial activities. Additional services after the first year
will be addressed with supplemental work order initiation forms.
Task #1 Remedial System Installation and Operation
The proposed DPVE system for this site is a pre-engineered package system that will be
provided by Croy Dewatering and Environmental Services (Croy). The package system will
include a liquid ring vacuum pump, an air stripper, and associated transfer pumps. The
system will be enclosed in two-axle trailer. A total of 21 dual phase wells will be installed to
extract impacted groundwater and vapors. These wells will be installed to a depth of
approximately 10 feet below land surface. Each well will include Croy’s patented wellhead
assembly and will be equipped with a drop tube, vacuum gauge, and a sample port. The
wells will be installed in traffic vaults and completed with a concrete apron. To maximize the
efficiency and capture zone of the system, a seven-mil thick plastic vapor liner will be
installed in the grassy areas where there is no asphalt or concrete surface cover.
Treated groundwater will be discharged to the on-site infiltration gallery. Off gas treatment
for the DPVE system will be provided by three vapor phase granular activated carbon cells.
These cells will remain in place for a minimum period of one month or until discharged vapor
concentrations are below 13.7 pounds per day.
Installation, operation, and maintenance of the DPVE system will by conducted by Croy.
URS will provide oversight during installation and start-up of the remediation system.
Following installation and start-up of the DPVE system, URS will prepare and submit as-built
drawings to the PCHD.
URS understands that the City of Clearwater will be responsible for providing electrical power
to the DPVE system. An estimated cost to provide the electrical connection is included in this
work order initiation form. Estimated monthly electrical charges are also included in this work
order initiation form.
Task #2 Monitoring and Reporting
Monitoring will be conducted to evaluate the effectiveness of the DPVE system. Monitoring
will be performed as specified in Section 5.3 of the November 2008 RAP Addendum.
Sample collection will be performed by URS personnel in accordance with the Florida
Department of Environmental Protection (FDEP) Standard Operating Procedures for Field
Activities (DEP-SOP-002/01). Samples will be analyzed for analytical parameters specified in
Section 5 of the RAP Addendum.
URS will evaluate the analytical data and prepare quarterly reports as specified in Section 5.4
of the November 2008 RAP Addendum. Reports will be submitted to the PCHD Pollutant
Storage Tank Cleanup Program.
3. PROJECT GOALS:
Initiate remedial actions to achieve groundwater cleanup goals as specified in Section 4 of
the November 2008 RAP Addendum.
Attachment number 1
Page 2 of 4
City of Clearwater – Remedial Action Implementation– Clearwater Executive Airpark RAP ADD WOIF R1
July 8, 2009
3
3. BUDGET: Year One
Task Description
Task 1 Remedial System Installation and Operation
- Equipment and Installation $131,650
- Engineering Oversight $ 10,000
- Operation and Maintenance (one year) $ 25,000
Task 2 Monitoring and Reporting (one year) $ 47,600
Project Subtotal $214,250
Contingency (10%) $ 21,000
Project Total $235,250
Additional Anticipated Costs (not included in BUDGET):
Electrical Connection and Disconnection (City Staff) $ 10,000
Electrical Service (Estimated @ $1,000/month) $ 12,000
Total Additional Project Costs: $ 22,000
5. SCHEDULE:
URS is prepared to commence work on this project immediately upon acceptance of this
Work Order. URS anticipates that installation of the DPVE system will be initiated
approximately five to seven weeks following written authorization to proceed.
6. STAFF ASSIGNMENTS:
City of Clearwater: Ed Chesney, Joe DeCicco, Gordie Wills
URS Corporation: Ed Siersema, Tom Carberry
7. CORRESPONDENCE/REPORTING PROCEDURES:
All URS Correspondence shall be directed to Joe DeCicco. All City correspondence shall be
directed to Tom Carberry.
8. INVOICING/FUNDING PROCEDURES:
URS will perform the work herein on a costs times multiplier basis in accordance with the
terms and conditions of the Engineer of Record Agreement for Professional Services dated
August 11, 2006. URS will use a raw salary cost multiplier of 3.14 for this project and bill
actual for subcontractor and other direct costs. On this basis, the budget for the project is a
maximum of $ 235,250.00. Billings will be based on actual time and direct costs expended.
Invoices will be submitted on a monthly basis. As noted in the previous section, this budget
does not include costs associated with connection/disconnection of electrical service and
monthly electricity costs.
Invoices will be sent to the City of Clearwater Engineering Department, Attention: Veronica
Josef, Senior Staff Assistant, P.O. Box 4748, Clearwater, Florida 33758-4748, for work
performed.
City Expenditure Code:
Attachment number 1
Page 3 of 4
City of Clearwater – Remedial Action Implementation– Clearwater Executive Airpark RAP ADD WOIF R1
July 8, 2009
4
9. ENGINEER CERTIFICATION:
All reports will be signed and sealed by a professional engineer or professional geologist
registered in the State of Florida.
I understand that it is my responsibility as the project’s Professional Engineer (Geologist) to
perform a quality assurance review of these submitted plans to ensure that such plans are
free from negligent errors and/or omissions.
10. SPECIAL CONSIDERATIONS:
a) Field activities will be conducted in accordance with FDEP’s Standard Operating
Procedures (SOP) for Field Activities (DEP-SOP-002/01).
b) Implementation of the RAP will be conducted in accordance with the requirements of
Chapter 62-770, FAC.
c) All documents will be submitted to the Project Manager for review and comment prior to
submittal to any regulatory agency.
d) Any variations to the schedule or scope of work may require a modification of the cost
estimate.
11. SUPPLEMENTAL SERVICES:
Operation and monitoring of the remedial system beyond one year may be required. Yearly
operation and maintenance is estimated to be $25,000. Subsequent monitoring and
reporting is estimated to be $18,700 per year.
When remediation objectives have been attained, post-active remediation monitoring will be
required. Post-active remediation monitoring will consist of four quarters of groundwater
monitoring. URS will then prepare and submit a Conditional No Further Action document
which will be required by the PCHD and the FDEP for site closure. Post-active remediation
monitoring is estimated to be $14,500.
Following approval of a No Further Action without Institutional and Engineering Controls
proposal (Risk Management Options Level I) or a No Further Action with Institutional and
Engineering Controls proposal (Risk Management Options Level II), URS will conduct site
closure activities. Site closure activities will consist of the proper abandonment of all existing
monitor wells in the area of investigation. Site closure activities are estimated to be $4,000.
PREPARED BY: APPROVED BY:
Dana Tallman, P.E. BCEE Date Michael D. Quillen, P.E. Date
Vice President City Engineer
Water Business Line Manager City of Clearwater
URS Corporation
Attachment number 1
Page 4 of 4
Attachment number 2
Page 1 of 1
Attachment number 3
Page 1 of 5
Attachment number 3
Page 2 of 5
Attachment number 3
Page 3 of 5
Attachment number 3
Page 4 of 5
Attachment number 3
Page 5 of 5
Attachment number 4
Page 1 of 1
REMEDIAL ACTION PLAN
ADDENDUM
CLEARWATER EXECUTIVE
AIRPARK
1000 NORTH HERCULES
AVENUNE
CLEARWATER, FLORIDA
FACILITY I.D. NO. 528630882
NOVEMBER 2008
Attachment number 5
Page 1 of 123
REMEDIAL ACTION PLAN ADDENDUM
CLEARWATER EXECUTIVE AIRPARK
1000 NORTH HERCULES AVENUE
CLEARWATER, FLORIDA
FACILITY I.D. NO. 528630882
November 2008
PREPARED FOR:
The City of Clearwater
100 South Myrtle Avenue, Suite 200
Clearwater, Florida 33756-5520
PRESENTED BY:
URS Corporation
7650 West Courtney Campbell Causeway, Suite 700
Tampa, Florida 33607-1462
(813) 286-1711
Job No. 12008278.00001
PREPARED BY: REVIEWED BY:
______________________ ________________________
Francisco J. Bohorquez, P.E. Dana K. Tallman, P.E., BCEE
Senior Engineer Vice President
Water Business Line Manager
______________________
Thomas J. Carberry
Senior Project Manager
Attachment number 5
Page 2 of 123
R:\WASTE\2008\Projects\City of Clearwater - Airpark\Reports\Airpark RAP DPVE Addendum.doc
PROFESSIONAL ENGINEER CERTIFICATION
For
CLEARWATER EXECUTIVE AIRPARK
1000 NORTH HERCULES AVENUE
CLEARWATER, FLORIDA
FDEP FACILITY ID # 528630882
November 2008
I hereby certify that in my professional judgment, the components of this Remedial Action Plan
Addendum satisfy the requirements set forth in Chapter 62-770, Florida Administrative Code
(F.A.C.), and that the engineering design features incorporated in this plan provides reasonable
assurances of achieving the objectives stated in Chapter 62-770, F.A.C. for remedial action and
herein.
_______________________
Francisco J. Bohorquez, P. E.
State of Florida P.E. #63814
Attachment number 5
Page 3 of 123
i
R:\WASTE\2008\Projects\City of Clearwater - Airpark\Reports\Airpark RAP DPVE Addendum.doc
1.0 INTRODUCTION...............................................................................................................1
2.0 BACKGROUND.................................................................................................................2
2.1 SITE LOCATION....................................................................................................2
2.2 SITE HISTORY.......................................................................................................2
2.3 WATER WELL INVENTORY...............................................................................3
3.0 SUMMARY OF ADDITIONAL SITE ASSESSMENT.....................................................4
3.1 SITE ASSESSMENT...............................................................................................4
3.1.1 Initial Collection of Groundwater Samples.................................................4
3.1.2 Monitor Well Installation.............................................................................5
3.1.3 Supplemental Collection of Groundwater Samples.....................................6
3.1.4 Groundwater Level Measurements..............................................................7
3.2 SUMMARY OF SOIL AND GROUNDWATER QUALITY................................7
4.0 REMEDIATION OBJECTIVES.........................................................................................8
5.0 REMEDIAL ACTION REVISIONS.................................................................................10
5.1 SYSTEM LAYOUT AND DESIGN.....................................................................10
5.1.1 System Layout...........................................................................................10
5.1.2 Recovery Well Design...............................................................................10
5.1.3 Subsurface Liner........................................................................................11
5.1.4 Treatment Equipment Selection.................................................................11
5.1.4.1 Vacuum Pump....................................................................11
5.1.4.2 Air Stripper........................................................................12
5.1.4.3 Transfer Pumping Systems................................................12
5.1.4.4 Treatment Compound........................................................13
5.1.5 Off-Gas Treatment.....................................................................................13
5.1.6 Treatment Effluent Disposal......................................................................13
Attachment number 5
Page 4 of 123
ii
R:\WASTE\2008\Projects\City of Clearwater - Airpark\Reports\Airpark RAP DPVE Addendum.doc
5.2 SYSTEM MAINTENANCE.................................................................................14
5.3 MONITORING SCHEDULE AND ESTIMATED CLEAN-UP TIME...............14
5.3.1 Groundwater Monitoring...........................................................................15
5.3.2 System Monitoring....................................................................................16
5.3.3 Soil Monitoring..........................................................................................17
5.4 REPORTING REQUIREMENTS AND PERMITS..............................................17
Attachment number 5
Page 5 of 123
iii
R:\WASTE\2008\Projects\City of Clearwater - Airpark\Reports\Airpark RAP DPVE Addendum.doc
LIST OF FIGURES
Figure 1 Site Location Map
Figure 2 Site Layout Map
Figure 3 Soil Boring and Monitor Well Location Map
Figure 4 Benzene Concentrations in Groundwater
Figure 5 Toluene Concentrations in Groundwater
Figure 6 Groundwater Elevation Contour Map – October 20, 2008
Figure 7 Extraction Wells and System Layout
Figure 8 Extraction Wells Anticipated Capture Zone
Figure 9 Areas of Liner Installation
Figure 10 Process and Instrumentation Diagram for Treatment System
Figure 11 Exfiltration Gallery Details
LIST OF TABLES
Table 1 Summary of Groundwater Analytical Results
Table 2 Groundwater Elevation Summary
Table 3 Summary of Historic Groundwater Analytical Results
LIST OF APPENDICES
Appendix A Groundwater Sampling Log Forms
Appendix B Laboratory Reports and Chain-of-Custody Forms
Appendix C Monitor Well Construction Logs
Appendix D Vapor Liquid Separator Data
Appendix E Estimated Influent Contaminant Concentrations
Appendix F Air Stripper Performance Data
Appendix G Mounding Analysis and Geotechnical Investigation
Attachment number 5
Page 6 of 123
1
R:\WASTE\2008\Projects\City of Clearwater - Airpark\Reports\Airpark RAP DPVE Addendum.doc
1.0 INTRODUCTION
URS Corporation (URS) was retained by the City of Clearwater (the City) to prepare this Remedial
Action Plan (RAP) Addendum for an aviation gasoline release that occurred at the fueling area of
the Clearwater Executive Airpark on October 14, 2002. The Clearwater Executive Airpark is
located at 1000 North Hercules Avenue in Clearwater, Florida. This RAP Addendum addresses
review comments provided by the Pinellas County Health Department (PCHD) in correspondence
dated July 28, 2008. This RAP Addendum includes a summary of the site location and history, a
summary of site assessment activities, remediation objectives, and the revisions to the proposed
remedial action to address the treatment of impacted groundwater at the site. The work performed to
prepare this RAP Addendum was based, in part, on the findings of assessment activities presented in
the following reports:
x Contamination Assessment Report (CAR) prepared by AWD Technologies, Inc., (AWD)
dated November 11, 1994;
x Site Assessment Report (SAR) prepared by TBE Group (TBE) dated October 2004;
x SAR Addendum prepared by TBE dated June 3, 2005; and
x RAP prepared by URS dated June 2008.
The findings of additional site assessment activities performed by URS were also used to develop
this RAP Addendum. The additional site assessment activities are summarized in Section 3.1 of this
RAP Addendum. This RAP Addendum was prepared in accordance with the scope of work
presented in URS’ work order initiation form dated September 22, 2008.
Attachment number 5
Page 7 of 123
2
R:\WASTE\2008\Projects\City of Clearwater - Airpark\Reports\Airpark RAP DPVE Addendum.doc
2.0 BACKGROUND
2.1 SITE LOCATION
The Clearwater Executive Airpark (subject property) is located at 1000 North Hercules Avenue in
Clearwater, Florida. The physiographic location of the subject property is Section 12, Township 29
South, Range 15 East in Pinellas County, Florida. A site location map is shown in Figure 1.
The subject property is an active airport that primarily serves private aircraft owners. The subject
property includes a Fixed Base Operations office and terminal building, aircraft storage hangers,
aircraft parking areas, runways, and a fueling area. The fueling area consisted of an underground
storage tank (UST) farm that was covered with a concrete pad. All USTs were removed and
replaced with aboveground Convault tanks in January 2004. The layout of the fueling area is shown
in Figure 2.
2.2 SITE HISTORY
Initial petroleum impacts were reported during the replacement of two 10,000 gallon USTs in
December 1992. As part of the tank replacement process, a tank closure assessment was performed
by Enviropact, Inc., (Enviropact). According to a Tank Closure Assessment Report prepared by
Enviropact in December 1992, excessively contaminated soil was not encountered. However, a
groundwater sample collected from a temporary monitor well (TMW-1) contained benzene, toluene,
and xylenes at concentrations that exceeded regulatory criteria. Site assessment activities were
subsequently performed by AWD. Assessment activities included the collection of soil samples,
installation of monitor wells, and collection of groundwater samples. Based on the findings of this
assessment, soil and groundwater was not impacted with petroleum constituents. These findings
were presented in a Contamination Assessment Report dated November 11, 1994. A proposal for
No Further Action was approved by the Pinellas County Health Department (PCHD) on December
15, 1995.
On October 14, 2002, a release of approximately 1,200 gallons of aviation gasoline occurred when a
fuel truck was accidentally over-filled. The release occurred on the asphalt apron next to the fuel
dispenser island. Subsequent emergency response activities included free product recovery,
excavation of soil to the top of the surficial aquifer, and removal of impacted groundwater that was
Attachment number 5
Page 8 of 123
3
R:\WASTE\2008\Projects\City of Clearwater - Airpark\Reports\Airpark RAP DPVE Addendum.doc
vacuumed from the excavation. Approximately 310 tons of petroleum-impacted soil was removed
and transported to a licensed thermal treatment facility. On October 28, 2002, the PCHD submitted
correspondence to the City requesting initiation of site assessment activities and preparation of a
SAR. Subsequent assessment activities conducted by TBE and URS are summarized in Section 4.0
of the RAP dated June 2008.
2.3 WATER WELL INVENTORY
Based on information presented in the SAR Addendum prepared by TBE in June 2005, the nearest
potable well is located approximately 500 feet east and northeast of the impacted area. This well is
located on Clearwater Executive Airpark property and is shown in Figure 3.
Attachment number 5
Page 9 of 123
4
R:\WASTE\2008\Projects\City of Clearwater - Airpark\Reports\Airpark RAP DPVE Addendum.doc
3.0 SUMMARY OF ADDITIONAL SITE ASSESSMENT
3.1 SITE ASSESSMENT
As requested by the PCHD, URS conducted additional groundwater assessment activities.
Specifically, groundwater samples were collected from select existing monitor wells to evaluate
current conditions. Two additional monitor wells were then installed and sampled to determine the
downgradient point of compliance. Groundwater analytical results were compared to groundwater
cleanup target levels (GCTLs) and natural attenuation default source concentrations (NADSCs) as
established in Chapter 62-777, Florida Administrative Code (F.A.C.). URS provided the PCHD
with a schedule of field activities in correspondence dated September 25, 2008.
3.1.1 Initial Collection of Groundwater Samples
On October 2, 2008, URS collected groundwater samples from monitor wells MW-5, MW-16, MW-
19, and MW-20. Monitor well locations are shown in Figure 3. Groundwater sampling activities
were conducted in accordance with the Florida Department of Environmental Protection (FDEP)
Standard Operating Procedures (SOP) for Field Activities (DEP-SOP-002/01).
In order to purge the wells and obtain representative groundwater samples, the volume of water
within each well was calculated. Prior to sampling, each monitor well was purged with a peristaltic
pump. During purging, measurements of temperature, conductivity, pH, turbidity, and dissolved
oxygen were obtained. Upon stabilization of these field parameters, the wells were sampled.
Groundwater sampling log forms are provided in Appendix A.
Groundwater samples were placed in laboratory-supplied containers. The containers were then
sealed, labeled, and immediately placed in an ice-filled cooler. A Chain-of-Custody form was
completed and the groundwater samples were delivered to Pace Analytical Services (Pace) for
analysis. The groundwater samples were analyzed by EPA Method 8260 for benzene, toluene,
ethylbenzene, xylenes, and methyl tert-butyl ether (MTBE); and by EPA Method 504.1 for ethylene
dibromide (EDB). In accordance with quality assurance/quality control requirements, a pre-cleaned
equipment blank was also collected and analyzed for the constituents listed above.
Attachment number 5
Page 10 of 123
5
R:\WASTE\2008\Projects\City of Clearwater - Airpark\Reports\Airpark RAP DPVE Addendum.doc
The analytical results of the groundwater samples collected on October 2, 2008 are summarized in
Table 1 and the complete laboratory report and Chain-of-Custody form are provided in Appendix
B. Groundwater samples collected from monitor wells MW-5, MW-19, and MW-20 contained
benzene at concentrations that slightly exceeded the GCTL of 1.0 micrograms per liter (µg/L). The
groundwater sample collected from monitor well MW-5 contained ethylbenzene at a concentration
of 36 µg/L, which slightly exceeded the GCTL of 30 µg/L. Groundwater samples collected from
monitor wells MW-5, MW-19, and MW-20 contained toluene at concentrations that exceeded the
GCTL of 40 µg/L. Further, the concentration of toluene in the groundwater sample collected from
monitor well MW-5 exceeded the natural attenuation default source concentration (NADSC) of 400
µg/L. The groundwater sample collected from monitor well MW-5 also contained xylenes at a
concentration (41 µg/L) that exceeded the GCTL (20 µg/L) but was below the NADSC (200 µg/L).
The groundwater samples collected from monitor wells MW-5, MW-19, and MW-20 did not contain
detectable concentrations of MTBE and EDB. Concentrations of organic constituents in the
groundwater sample collected from monitor well MW-16 were non-detectable or below their
respective GCTLs.
3.1.2 Monitor Well Installation
On October 16, 2008, URS installed an additional shallow monitor well (MW-21) and an
intermediate depth monitor well (IW-1). Based on the concentrations of benzene and toluene in the
groundwater sample collected from monitor well MW-20, monitor well IW-1 was installed adjacent
to monitor well MW-21. The locations of these monitor wells are shown in Figure 3. The monitor
wells were installed using a truck-mounted drill rig equipped with hollow stem augers. All down
hole equipment was steam cleaned prior to installation.
Monitor well MW-21 was installed to a depth of approximately 13 feet below land surface. This
monitor well was constructed of two-inch diameter, threaded schedule 40 PVC with 9.5 feet of 0.01-
inch slotted screen. A silica sand (gradation 20/30) filter pack was placed around the screen from
the bottom of the borehole to approximately 1.5 feet above the screen. A six-inch thick fine sand
seal (gradation 30/65) was placed above the filter pack. Neat cement was used to fill the remaining
well annulus to ground surface.
Monitor well IW- was installed to a depth of approximately 40 feet below land surface. This well
was also constructed of two-inch diameter, threaded schedule 40 PVC with 9.5 feet of 0.01-inch
Attachment number 5
Page 11 of 123
6
R:\WASTE\2008\Projects\City of Clearwater - Airpark\Reports\Airpark RAP DPVE Addendum.doc
slotted screen. A silica sand (gradation 20/30) filter pack was placed around the screen from the
bottom of the borehole to approximately one foot above the screen. A two-foot thick fine sand seal
(gradation 30/65) was placed above the filter pack. Neat cement was used to fill the remaining well
annulus to ground surface.
The monitor wells were provided with concrete pads, a flush-mounted manhole covers, and sealed
with locking caps. The wells were developed with a downhole centrifugal pump until the discharge
was observed to be relatively clear and free from fine sediments. Monitor well construction logs are
provided in Appendix C. Auger cuttings generated during well installation were placed in 55-
gallon drums and stored onsite.
3.1.3 Supplemental Collection of Groundwater Samples
Groundwater samples were collected from monitor wells MW-21 and IW-1 on October 20, 2008. A
confirmation groundwater sample was also collected from monitor well MW-20. Groundwater
samples were collected and analyzed following the procedures described in Section 3.1.1. Due to
analytical laboratory quality control issues, the data reported for the groundwater sample collected
from monitor well MW-20 was not valid. Therefore, a groundwater sample was collected from
monitor well MW-20 on November 4, 2008. Groundwater sampling log forms are provided in
Appendix A.
The analytical results are summarized in Table 1 and the laboratory reports and Chain-of-Custody
forms are provided in Appendix B. The groundwater samples collected from monitor wells monitor
wells MW-21 and IW-1 on October 20, 2008 did not contain detectable concentrations of benzene,
toluene, ethylbenzene, xylenes, MTBE, and EDB. The confirmation groundwater sample collected
from monitor well MW-20 on November 4, 2008 contained benzene and toluene at concentrations of
2.2 µg/L and 300 µg/L, respectively. The concentrations of benzene and toluene in this sample
exceeded their respective GCTLs but were below their respective NADSCs. This groundwater
sample also contained detectable concentrations of ethylbenzene (2.8 µg/L) and xylenes (2.0 µg/L).
However, the concentrations of these constituents were below their respective GCTLs. Based on
these results the lateral extent of impacted groundwater has been effectively delineated as shown in
Figures 4 and 5.
Attachment number 5
Page 12 of 123
7
R:\WASTE\2008\Projects\City of Clearwater - Airpark\Reports\Airpark RAP DPVE Addendum.doc
3.1.4 Groundwater Level Measurements
On October 20, 2008, URS surveyed the top of casing elevations of monitor wells MW-21 and IW-
1. URS also measured the static fluid levels in the new and existing monitor wells on October 20,
2008
to further evaluate the direction of groundwater flow in the surficial aquifer. Static fluid levels were
obtained with an electronic water level indicator. Groundwater elevation data is presented in Table
2. A groundwater elevation contour map based on data collected on October 20, 2008 is shown in
Figure 6. Evaluation of the groundwater elevation indicates that the direction of groundwater flow
is towards the northeast, which is consistent with historic data.
3.2 SUMMARY OF SOIL AND GROUNDWATER QUALITY
Based on a review and interpretation of the available historical soil and groundwater quality data
compared with the most current data collected during the last year, residual dissolved-phase
petroleum constituents remain present at the subject site from the area where the release originally
occurred and extends downgradient to the northeast. Current and historical groundwater analytical
data is provided in Table 3. The dissolved-phase plume is elliptical and currently measures
approximately 350 feet long and 100 feet wide. Although no significant soil contamination was
detected during the latest round of soil sampling activity that was performed by URS in 2007, it is
possible that some minor soil contamination remains adsorbed to soils within the vadose zone, the
capillary fringe, and/or within the vertical interval associated with the normal fluctuation of the
surficial groundwater table. Based on previous data, the area of impacted soil is in the vicinity of
soil borings HA-8 and HA-14. The locations of these soil borings are shown in Figure 3. Any
remaining absorbed-phase contaminants that remain at the site can serve as a continuing source for
dissolved-phase contaminants and therefore should be removed or reduced by a sufficient amount to
properly address the dissolved-phase plume that has persisted at the site since the early 1990s.
Attachment number 5
Page 13 of 123
8
R:\WASTE\2008\Projects\City of Clearwater - Airpark\Reports\Airpark RAP DPVE Addendum.doc
4.0 REMEDIATION OBJECTIVES
Source removal activities were effective in removing the majority of unsaturated soil that was
impacted with aviation gasoline. Therefore, remedial actions will address unsaturated soils in the
vicinity of soil borings HA-8 and HA-14 and groundwater impacted with aviation gasoline. The
objective of the remediation program will be to reduce the concentration of the petroleum
constituents in soil and groundwater to levels below their respective limits as established in Chapter
62-777 F.A.C. The following table summarizes the remediation goals for those contaminants of
concern in groundwater at the subject site.
Groundwater Cleanup Goals for Remedial Action
Contaminant
Natural Attenuation Default Source
Concentrations (ȝg/L)
Groundwater Cleanup Target Levels
(ȝg/L)
Benzene 100 1.0
Ethylbenzene 300 30
Toluene 400 40
Xylenes 200 20
EDB 2.0 0.02
The primary goal for the remediation of this site is to reach the GCTLs. Therefore, the GCTLs listed
in the table above will be the cleanup criteria for this site. However, if contaminant concentrations
reach asymptotic levels during at least four consecutive quarters of groundwater sampling, a request
may be made for long term monitoring using the natural attenuation standards listed in the table
above. Further, if the City of Clearwater elects to properly abandon the public supply well that is
located approximately 500 feet east and northeast of the impacted area, the NADSCs listed in the
table above will be the goal criteria for the proposed Remedial Action. A long term monitoring
program is separate from the remedial action program described herein. When concentrations of
petroleum constituents in groundwater achieve natural attenuation criteria, No Further Action with
institutional and engineering controls (Risk Management Options Level II) will be proposed as
specified in Chapter 62-770.680 (2) F.A.C.
As noted in Section 4.1.2 of the RAP dated June 2008, concentrations of toluene, naphthalene, 1-
methylnapthalene, and 2-methylnaphthalene in the soil sample collected at boring location HA-14
Attachment number 5
Page 14 of 123
9
R:\WASTE\2008\Projects\City of Clearwater - Airpark\Reports\Airpark RAP DPVE Addendum.doc
were below their respective residential soil cleanup target levels (SCTLs) but exceeded their
respective leachability SCTLs. The following table summarizes the remediation goals for those
contaminants of concern in soil at the subject site.
Soil Cleanup Goals for Remedial Action
Contaminant Leachability SCTLs (mg/kg)
Toluene 0.5
Naphthalene 1.2
1-Methylnaphthalene 3.1
2-Methylnaphthalene 8.5
Since the area of impacted soil is located under concrete and asphalt, the provisions of Chapter 62-
770.680 (2) F.A.C. allow concentrations of petroleum constituents to exceed leachability SCTLs.
Accordingly, if the City of Clearwater elects to properly abandon the public supply well and No
Further Action with institutional and engineering controls (Risk Management Options Level II) is
proposed, remedial objectives for unsaturated soil will no longer apply.
Attachment number 5
Page 15 of 123
10
R:\WASTE\2008\Projects\City of Clearwater - Airpark\Reports\Airpark RAP DPVE Addendum.doc
5.0 REMEDIAL ACTION REVISIONS
The purpose of this RAP is to obtain regulatory approval for the proposed approach that will be used
to remediate the known area of soil and groundwater impact that has been documented at the site.
Therefore, the selected remedial alternative will focus on the known area of impact at the site.
Detailed information regarding the approach that will be used to abate the majority of the remaining
contaminant mass is provided below in the following subsections.
5.1 SYSTEM LAYOUT AND DESIGN
A described in the June 2008 RAP, the proposed DPVE system for this site is a pre-engineered
package system provided by Croy. It is a package, turn-key system that includes all required
equipment, installation and operation and maintenance (O&M). The following section provides
details regarding this particular system and its components proposed for the subject site. Should any
of the system components not be properly sized during the initial start-up or operation of the system,
it will be Croy’s responsibility as part of the delivery of his turn key system to the City to replace the
system component with a properly sized one.
5.1.1 System Layout
The DPVE system will use a total of 21 dual phase wells to extract contaminated groundwater and
vapors and capture the full extent of the contaminant plume at the site. A minimum of 2-inch
diameter Schedule 40 PVC header pipe will connect to the individual wells. The piping will
gradually increase in size and will manifold into a 6-inch diameter dual phase vacuum header.
Figure 7 illustrates the system layout and proposed locations of the extraction wells for the site. All
piping will be installed below ground surface. The anticipated recovery well capture zone of the
dual phase system is based on observed captured zones created using DPVE systems at sites with
similar geologic and hydrogeologic qualities. The anticipated capture zone is shown in Figure 8.
5.1.2 Recovery Well Design
The 21 recovery wells will be constructed of 1-1/2 inch diameter schedule 40 PVC with 10 feet
overall length. The well will include six feet of 0.01 inch slotted PVC screen and will be installed
by conventional jetting with 6/20 well point sand, a fine sand seal and a grout seal. The recovery
Attachment number 5
Page 16 of 123
11
R:\WASTE\2008\Projects\City of Clearwater - Airpark\Reports\Airpark RAP DPVE Addendum.doc
wells will be installed to a depth of approximately 10 feet below ground surface (bls) with the
screened interval from 4 feet to 10 feet bls. To address the area of unsaturated soil in the vicinity of
the former fueling island, the screen interval of the five wells that will be installed in this area will
be from 2 feet to 10 feet bls. These five wells are depicted in Figures 7 and 8.
5.1.3 Subsurface Liner
To maximize the efficiency and capture zone of the system a 7-mil thickness plastic vapor liner will
be installed below land surface in the grassy areas where there is no asphalt or concrete surface
cover. To ensure a good seal around the well casing, the liner will be installed and attached to the
recovery well casing before the concrete apron is poured. Figure 9 shows the areas where the liner
will be installed.
5.1.4 Treatment Equipment Selection
The treatment system was selected based on the estimated recovery flow rates for groundwater, soil
vapor, and dynamic contaminant concentrations from the extraction wells. An estimated maximum
groundwater and soil vapor recovery rates of approximately 1.8 gallons per minute (gpm) and 6.0
cubic feet per minute (cfm) per recovery well were used as the basis for the equipment selection.
These recovery rates for groundwater and soil vapor were estimated based on other sites with
comparable geologic and hydrogeologic properties. Site specific slug tests or pumping tests were
not conducted to verify this site’s hydrogeologic properties. Figure 10 illustrates a revised process
and instrumentation diagram for the treatment system.
5.1.4.1 Vacuum Pump
The Croy patented DPVE skid mounted system selected for the project includes a Sterling SIHI LPH
Series Model 45317, 8.0 horsepower (HP), liquid ring vacuum pump capable of generating 136
actual cubic feet per minute (acfm) at 27.5 inches of mercury, a 1.5 HP Cornell liquid transfer pump
capable of 38 gpm at 32 feet of total dynamic head, a 30 gallon influent knock-out and 50 gallon
equalization tanks. The liquid ring pump exerts a high vacuum on the wellheads extracting
contaminated groundwater and hydrocarbon vapors from both the saturated and unsaturated zones.
The extracted groundwater and vapors are separated in the influent knock-out tank. The extracted
vapors are routed to the carbon treatment cells. Off-gas treatment is discussed in detail below. The
Cornell pump transfers the recovered groundwater from the knock-out tank to the influent
Attachment number 5
Page 17 of 123
12
R:\WASTE\2008\Projects\City of Clearwater - Airpark\Reports\Airpark RAP DPVE Addendum.doc
equalization tank on the DPVE skid. Hour meters will in installed on the liquid ring vacuum pump
and liquid transfer pump.
The influent vapor/liquid separator tank has a capacity of approximately 11 cubic feet. Based on
information provided by Croy, the dimensions of this tank are 36 inches wide by 40 inches high by
14 inches in depth. The vapor/liquid separator tank has a “U” shaped baffle that is 18 inches wide
and 14 inches deep. Additional technical information is provided in Appendix D.
5.1.4.2 Air Stripper
The air stripper performance calculations were based on a 38 gpm flowrate. This flowrate is based
on an initial maximum recovery rate of 1.8 gpm from each of the 21 proposed recovery wells. The
inverse-distance weighted-average procedure was used to estimate the influent contaminant
concentrations to the air stripper using the most current groundwater analytical data from the
existing monitoring wells and estimated contaminant plume. Based on this data, the procedure
estimates approximate influent concentration of 5.0 Pg/L for benzene, 535 Pg/L for toluene, and 3.0
Pg/L for ethylbenzene. These calculations are provided in Appendix E. The air stripper included in
the package system is a Shallow Tray, 2 tray, low profile air stripper Model 3621. Air will be
provided by a 5 HP, 1,500 cfm, American Fan AF-15. The air stripper estimated performance
calculations are provided in Appendix F. As a safety factor, the air stripper estimated performance
calculations were based on the highest contaminant concentrations observed at the site and well
below the estimated influent concentrations.
5.4.1.3 Transfer Pumping Systems
Two ¾ HP liquid transfer pumps capable of a 38 gpm flowrate will transfer the recovered
groundwater from the influent equalization tank to the air stripper and from the air stripper sump to
the discharge point.
5.4.1.4 Treatment Compound
The skid mounted package treatment system will be housed in a completely enclosed 2 axel trailer.
The enclosure will provide quiet operation of the system and a secure area for the equipment that
will be located within it.
Attachment number 5
Page 18 of 123
13
R:\WASTE\2008\Projects\City of Clearwater - Airpark\Reports\Airpark RAP DPVE Addendum.doc
5.1.5 Off-Gas Treatment
Off-gas treatment for the DPVE system will be provided by 3 vapor-phase granular activated carbon
(VGAC) cells each containing 1,000 pounds of media. Analytical results on vapor samples that will
be collected will be used to determine when breakthrough of the first cells occurs. Additional media
replacements, if necessary, will be conducted as required based on the laboratory analytical results
of the vapor samples. The VGAC cells will remain in place for a minimum period of one month per
Chapter 62-700(5)(a) F.A.C., or until discharge hydrocarbon concentrations are below 13.7 pounds
per day (lbs/day). An exhaust stack will be installed after the last VGAC cell to ensure proper
dispersion of the treated off-gas into the atmosphere.
Based on the estimated influent concentrations to the air stripper, the air stripper system performance
calculations and flow rate, off-gas treatment is not expected to be required for the sir stripper vapor
discharge. The estimated contaminant mass for the air stripper vapor discharge is 0.06 lbs/day, well
below the maximum allowed of 13.7 lbs/day. An exhaust stack will be installed to ensure proper
dispersion of the treated off-gas into the atmosphere. Air emissions from both the DPVE and the air
stripper systems will be monitored during start-up to ensure that they do not exceed the allowed
FDEP maximum discharge limit.
5.1.6 Treatment Effluent Disposal
Alternatives considered for effluent disposal included an on-site subsurface exfiltration gallery,
discharge to the local public works sewer (if readily available), and discharge into the on-site
stormwater collection system. Of these alternatives, discharge of the effluent to an exfiltration
gallery is considered the most viable method for the disposal of the treated effluent from the system.
The exfiltration gallery was designed for disposal of the treated effluent produced by the system and
was sized to maintain a conservative surface-loading rate of 0.008 feet per minute. A subsurface
geotechnical investigation, double ring infiltration (DRI) tests and mounding analysis were
conducted in order to properly size the exfiltration gallery. The gallery will be located upgradient
relative to the point of release to minimize any hydraulic impact to the recovery system as well as to
the contaminant plume while allowing for the proper disposal of the treated effluent generated by the
system. Figure 7 illustrates the layout of the effluent transfer piping and location of the exfiltration
Attachment number 5
Page 19 of 123
14
R:\WASTE\2008\Projects\City of Clearwater - Airpark\Reports\Airpark RAP DPVE Addendum.doc
gallery. Figure 11 includes the construction details of the gallery. Appendix G contains the
complete results of the mounding analysis and geotechnical investigation.
5.2 SYSTEM MAINTENANCE
As noted in Section 5.1, O&M of the DPVE system will be provided by Croy for 3 years.
5.3 MONITORING SCHEDULE AND ESTIMATED CLEAN-UP TIME
A monitoring schedule is proposed to evaluate the effectiveness of the DPVE system in removing
petroleum constituents in soil and the surficial aquifer. The monitoring schedule addresses the
following aspects for remediation at this site:
x Groundwater Monitoring – Conduct groundwater monitoring to assess changes in dissolved-
phase contaminants as well as confirm that contaminants are being contained by the
groundwater extraction system and that contaminants are not being mobilized outside of the
area; and
x System Monitoring – Conduct system monitoring to ensure proper system operation and
confirm compliance with applicable regulations; and
x Soil Monitoring – Conduct soil monitoring to evaluate concentrations of petroleum
constituents in the vadose zone in the areas surrounding soil boring locations HA-8 and HA-
14.
The following subsections provide additional details regarding the monitoring schedule to achieve
remediation objectives at the site.
5.3.1 Groundwater Monitoring
To verify potential impacts to groundwater quality, it is proposed that monitor well MW-10 be the
designated upgradient monitor well since it lies directly upgradient of the remaining contaminated
area. Monitor wells MW-21 and IW-1 are proposed as the designated downgradient monitor wells.
Attachment number 5
Page 20 of 123
15
R:\WASTE\2008\Projects\City of Clearwater - Airpark\Reports\Airpark RAP DPVE Addendum.doc
Monitor wells MW-5, MW-7, MW-15, MW-19, and MW-20 are proposed as the designated monitor
wells within the area of impact. Monitor well DW-1 is proposed as the deep well to evaluate vertical
migration of contaminants that may occur from the area of impact.
All specified groundwater samples collected will be analyzed using EPA Method 8260 for benzene,
toluene, ethylbenzene, xylenes, and MTBE and EDB by EPA Method 504.1. Groundwater samples
will be collected in accordance with the FDEP SOP for Field Activities (DEP-SOP-002/01) and as
described in Section 3.1.1. The following table summarizes the proposed groundwater monitoring
schedule for this site, which includes those monitor wells that will be sampled, sample parameters to
be analyzed at each location, and the frequency of sampling.
Monitor Well Type Method 8260/504.1
MW-10 Upgradient Well M, Q
MW-5 Source Area Well M, Q
MW-7 Source Area Well M, Q
MW-15 Source Area Well A
MW-19 Source Area Well M, Q
MW-20 Source Area/Downgradient Well M, Q
MW-21 Downgradient Well M, Q
IW-1 Intermediate Well M, Q
DW-1 Deep Well A
Notes:
M = Monthly Samples for the First Quarter
Q = Quarterly Samples.
A = Annual Samples
Following one year of active remediation, URS may request a modification of this groundwater
monitoring schedule based on the analytical results. In addition to groundwater samples that will be
collected during active remediation, water levels will be monitored to evaluate the general direction
of groundwater flow, observe potential fluctuations in the surficial groundwater table, and ensure
adequate drawdown to maintain containment. Water levels will be monitored prior to start-up of the
DPVE system. Following system start-up, water levels will be monitored on a monthly basis for the
first quarter then on a quarterly basis.
Attachment number 5
Page 21 of 123
16
R:\WASTE\2008\Projects\City of Clearwater - Airpark\Reports\Airpark RAP DPVE Addendum.doc
5.3.2 System Monitoring
Following start-up of the DPVE, an initial monitoring program will be undertaken to ensure
continued successful operation of the system with respect to its objectives and compliance with
relevant environmental regulations. The locations of the liquid sampling points (LSPs) are shown in
a revised process and instrumentation diagram (Figure 10) and described below.
x LSP1 – Influent to the system
x LSP2 – Effluent of the system
These samples will be collected daily for the first three days, weekly for the next three weeks,
monthly for the next two months, then on a quarterly basis thereafter. Should monitoring results
reveal that the system is not performing to produce acceptable quality effluent, system adjustments
will be made immediately, followed by a collection of a set of confirmatory samples. The influent
and effluent samples collected will be analyzed by EPA Method 8260 for benzene, toluene,
ethylbenzene, xylenes, and MTBE; and by EPA Method 504.1 for EDB. Influent and effluent
samples collected during the first three days will be analyzed on an expedited (24-hour turnaround)
basis.
In addition to the groundwater monitoring, influent and effluent vapor samples from the vapor-phase
carbon treatment system (ASP-1 through ASP-4, respectively) will be collected on a weekly basis
for the first month of operation. Vapor samples will be analyzed in the field with an organic vapor
analyzer. Vapor samples will also be collected at sample locations ASP-1 and ASP-4 and analyzed
for volatile hydrocarbons. If the volatile hydrocarbon concentrations in the influent to the vapor-
phase carbon treatment system are verified to be within FDEP acceptable discharge concentrations,
the vapor-phase carbon treatment will be discontinued after the first month of operation. Vapor
samples from ASP-4 will be collected on a monthly basis for the first year and on a quarterly basis
for the remainder of the operating period.
Vapor effluent samples from the air stripper (ASP-5) will also be collected on a weekly basis for the
first month of operation, on monthly basis for the first year and on a quarterly basis for the
remainder of system operation. Should volatile aromatics concentrations in the vapor stream from
the stripper exceed FDEP acceptable discharge concentrations, a vapor-phase carbon treatment
Attachment number 5
Page 22 of 123
17
R:\WASTE\2008\Projects\City of Clearwater - Airpark\Reports\Airpark RAP DPVE Addendum.doc
system will be connected to the stripper, and additional monitoring will occur. All vapor samples
described above will be analyzed using EPA Method 18 for volatile hydrocarbons.
In addition to the above mentioned start-up and monitoring activities, the system will be subject to
daily maintenance inspections during the first week of operation, and weekly maintenance
inspections thereafter to ensure the system is operating as intended. During these inspections, liquid
recovery rates and volumes and product volumes will be recorded. These inspections will also
confirm correct disposal of recovered and treated groundwater.
5.3.3 Soil Monitoring
When concentrations of petroleum constituents in groundwater samples collected from monitor
wells located in the source area have been reduce to levels that are below NADSCs, soil samples
will be collected from the vadose zone in the vicinity of soil borings HA-8 and HA-14. Soil samples
will be screened in the field with an organic vapor analyzer (OVA). At each boring location, a soil
sample exhibiting the highest OVA reading will be retained for laboratory analysis. If soil samples
do not exhibit detectable OVA readings, samples from a depth interval of 2 to 3 feet below land
surface will be retained for laboratory analysis. The soil samples will be analyzed by EPA Method
8260 for volatile aromatic hydrocarbons and by EPA Method 8100 for polynuclear aromatic
hydrocarbons. Soil samples will be collected in accordance with the FDEP SOP for Field Activities
(DEP-SOP-002/01).
5.4 REPORTING REQUIREMENTS AND PERMITS
As part of this remedial program, all federal, state, and local permits required will be obtained at the
appropriate time. As requested by the PCHD, remediation status reports will initially be submitted
on a quarterly basis during the first year of active remediation. As agreed to by the PCHD, the
frequency of remediation status report preparation may be reduced following submittal of the second
quarterly remediation status report. Further, URS will request submittal of remediation status
reports on an annual basis upon completion of one year of active remediation. The remediation
status reports will, at a minimum, include water level elevation data in the monitoring wells, the
analytical results of vapor and groundwater monitoring, and general system information.
Attachment number 5
Page 23 of 123
FIGURES
Attachment number 5
Page 24 of 123
Attachment number 5
Page 25 of 123
Attachment number 5
Page 26 of 123
Attachment number 5
Page 27 of 123
Attachment number 5
Page 28 of 123
Attachment number 5
Page 29 of 123
Attachment number 5
Page 30 of 123
Attachment number 5
Page 31 of 123
Attachment number 5
Page 32 of 123
Attachment number 5
Page 33 of 123
Attachment number 5
Page 34 of 123
Attachment number 5
Page 35 of 123
TABLES
Attachment number 5
Page 36 of 123
R:\WASTE\2008\Projects\City of Clearwater - Airpark\Tables\GroundwaterAnalyticalTable1.doc
TABLE 1
SUMMARY OF GROUNDWATER ANALYTICAL RESULTS
CLEARWATER EXECUTIVE AIRPARK
1100 NORTH HERCULES AVENUE
CLEARWATER, FLORIDA
FACILITY ID No. 528630882
MONITOR WELL NUMBER MW-5 MW-16 MW-19 MW-20
GROUNDWATER
CLEANUP TARGET
LEVELS(1)
NATURAL ATTENUATION
DEFAULT SOURCE
CONCENTRATIONS(2)
DATE 10/2/08 10/2/08 10/2/08 10/2/08 11/4/08
PARAMETER
ORGANICS (µg/L)
Benzene 2.8 ND (0.50) 1.4 1.6 2.2 1.0 100
Ethylbenzene 36 0.91 (E) 2.6 2.8 2.8 30 300
Toluene 12,000 0.62 (E) 230 190 300 40 400
Xylenes 41 ND (1.0) ND (1.0) ND (1.0) 2.0 (E) 20 200
MTBE ND (0.50) ND (0.50) ND (0.50) ND (0.50) ND (0.50) 20 200
Ethylene Dibromide ND (0.006) ND (0.006) ND (0.007) ND (0.006) -- 0.02 2.0
NOTES: µg/L – micrograms per liter
ND (0.50) – Not Detected (Detection Limit)
(E) – Estimated Value
-- – Not Analyzed
MTBE – Methyl tert-butyl ether
(1) – Table I – Groundwater Cleanup Target Levels, Chapter 62-777, Florida Administrative Code.
(2) – Table V – Natural Attenuation Default Source Concentrations, Chapter 62-777, Florida Administrative Code.
R:\WASTE\2008\Projects\City of Clearwater - Airpark\Tables\GroundwaterAnalyticalTable1.doc
TABLE 1
SUMMARY OF GROUNDWATER ANALYTICAL RESULTS
CLEARWATER EXECUTIVE AIRPARK
1100 NORTH HERCULES AVENUE
CLEARWATER, FLORIDA
FACILITY ID No. 528630882
MONITOR WELL NUMBER MW-21 IW-1
GROUNDWATER
CLEANUP
TARGET LEVELS(1)
NATURAL ATTENUATION
DEFAULT SOURCE
CONCENTRATIONS(2)
DATE 10/20/08 10/20/08
PARAMETER
ORGANICS (µg/L)
Benzene ND (0.50) ND (0.50) 1.0 100
Ethylbenzene ND (0.50) ND (0.50) 30 300
Toluene ND (0.50) ND (0.50) 40 400
Xylenes ND (1.0) ND (1.0) 20 200
MTBE ND (0.50) ND (0.50) 20 200
Ethylene Dibromide ND (0.006) ND (0.006) 0.02 2.0
NOTES: µg/L – micrograms per liter
ND (0.50) – Not Detected (Detection Limit)
(E) – Estimated Value
-- – Not Analyzed
MTBE – Methyl tert-butyl ether
(1) – Table I – Groundwater Cleanup Target Levels, Chapter 62-777, Florida Administrative Code.
(2) – Table V – Natural Attenuation Default Source Concentrations, Chapter 62-777, Florida Administrative Code.
TABLE 2
GROUNDWATER ELEVATION SUMMARY
CLEARWATER EXECUTIVE AIRPARK
1100 NORTH HERCULES AVENUE
CLEARWATER, FLORIDA
FACILITY ID No. 528630882
Well ID
Diameter (in.)
Well Depth (ft.)
Screen Interval (ft.)
TOC Elevation
DateDTWElev.DTWElev.DTWElev.DTWElev.DTWElev.DTWElev.
6/12/20074.5065.494.6965.284.9165.29NM--4.4765.444.4765.50
10/2/20084.6365.364.8165.165.0365.175.1465.084.5665.354.5765.40
10/20/20084.6465.354.7965.185.0265.185.1265.104.5865.334.5965.38
Well ID
Diameter (in.)
Well Depth (ft.)
Screen Interval (ft.)
TOC Elevation
DateDTWElev.DTWElev.DTWElev.DTWElev.DTWElev.DTWElev.
6/12/20074.6165.404.4865.104.4365.554.2865.644.9165.575.1465.28
10/2/20084.6965.324.3865.204.6165.374.4465.485.0265.465.1965.23
10/20/20084.7165.304.3665.224.6565.334.4765.455.0465.445.1865.24
MW-BMW-1
2
12
2 - 12
69.99
MW-1DMW-4
17 - 20
70.20
2
12
2 - 12
70.22
MW-5MW-6
MW-7MW-8MW-9MW-10MW-11MW-12
2
20
2
14.4
2 - 15
70.01
2
12
2 - 12
69.97
2
12
2 - 12
69.58
2
14.48
2 - 15
69.91
2
14.39
2 - 15
69.97
2222
1211.271212
2 - 122 - 122 - 122 - 12
69.9869.9270.4870.42
R:\WASTE\2008\Projects\City of Clearwater - Airpark\Tables\mwTOCelevationDTW.xls
TABLE 2
GROUNDWATER ELEVATION SUMMARY
CLEARWATER EXECUTIVE AIRPARK
1100 NORTH HERCULES AVENUE
CLEARWATER, FLORIDA
FACILITY ID No. 528630882
Well ID
Diameter (in.)
Well Depth (ft.)
Screen Interval (ft.)
TOC Elevation
DateDTWElev.DTWElev.DTWElev.DTWElev.DTWElev.DTWElev.
6/12/20074.6465.334.9165.504.9265.165.0764.965.0665.015.3664.85
10/2/20084.7365.245.0365.384.9865.105.0864.955.0765.005.3264.89
10/20/20084.7365.245.0565.364.9765.115.0664.975.0565.025.2964.70
Well. No.
Diameter (in.)
Well Depth (ft.)
Screen Interval (ft.)
TOC Elevation
DateDTWElev.DTWElev.DTWElev.DTWElev.DTWElev.DTWElev.
6/12/20075.1564.91 5.02--4.8165.18
10/2/20085.1164.955.4864.62NM--4.6165.38
10/20/20085.0964.975.4564.655.5664.66NM--5.2964.904.5865.41
DTW = Depth to water
Elev = Water table elevation
NS = Not surveyed
NM = Not Measured
MW-13MW-14MW-15MW-16
2
11.6
22
12.311.89
2 - 12
69.97
MW-17MW-18
222
12.7612.3212.37
2 - 12
69.99
2 - 122 - 122 - 122 - 12
70.4170.0870.0370.07
22
MW-19MW-20
2 - 122 - 123 - 13
12.412.7
70.1070.22NS
3 - 8
70.1969.9970.06
2
13.3
TMW-2
2
8.15
MW-21 IW-1
2
39.58
29 - 39
DW-1
2
43.44
32 - 42
R:\WASTE\2008\Projects\City of Clearwater - Airpark\Tables\mwTOCelevationDTW.xls
TABLE 3
SUMMARY OF HISTORIC GROUNDWATER ANALYTICAL RESULTS
CLEARWATER EXECUTIVE AIRPARK
1100 NORTH HERCULES AVENUE
CLEARWATER, FLORIDA
FACILITY ID No. 528630882
Monitor Well
Number
Sample
Date Benzene Ethylbenzene Toluene Xylenes MTBE Ethylene
Dibromide
2/13/01 ND (1.0) 3.5 1.6 3.9 ND (10) --
3/28/02 ND (1.0) ND (1.0) 1.1 ND (1.0) ND (10) --
TMW-1
5/13/04 214 14.9 12,800 14.3 ND (1.0) --
2/13/01 3.1 1.4 1.8 ND (1.0) 3.9 --
3/28/02 ND (1.0) ND (1.0) 1.6 ND (1.0) ND (10) --
5/13/04 157 11.7 6,890 10.9 ND (1.0) --
1/27/05 -- -- -- -- -- 0.022
TMW-2
6/12/07 10 4.5 830 3.7 ND (0.44) ND (0.009)
MW-1 3/25/04 ND (1.0) ND (1.0) ND (1.0) ND (1.0) ND (1.0) --
MW-2 3/25/04 ND (1.0) ND (1.0) ND (1.0) ND (1.0) ND (1.0) --
3/28/02 1.2 ND (1.0) 4.9 ND (1.0) ND (1.0) --
5/13/04 79.7 9.4 14,400 9.5 1.8 --
1/27/05 -- -- -- -- -- 1.5
6/12/07 ND (10) 14 (E) 16,000 17 (E) ND (8.8) ND (0.009)
MW-5
10/2/08 2.8 36 12,000 41 ND (0.5) ND (0.006)
3/28/02 ND (1.0) ND (1.0) ND (1.0) ND (1.0) ND (1.0) --
5/13/04 5.7 2.5 2,090 3.5 1.6 --
2/17/05 -- -- -- -- -- 0.16
MW-6
6/11/07 ND (0.50) 0.99 (E) 89 ND (0.50) ND (0.44) ND (0.009)
3/28/02 1.5 ND (1.0) ND (1.0) ND (1.0) ND (1.0) --
5/13/04 107 6.2 13,300 6.0 1.6 --
1/27/05 -- -- -- -- -- --
MW-7
6/12/07 ND (2.5) ND (2.2) 1,700 ND (2.5) ND (2.2) ND (0.009)
MW-8 5/17/04 ND (1.0) ND (1.0) ND (1.0) ND (1.0) ND (1.0) --
8/24/04 ND (1.0) ND (1.0) ND (1.0) ND (1.0) ND (1.0) -- MW-9
8/27/04 ND (1.0) ND (1.0) ND (1.0) ND (3.0) ND (1.0) --
R:\WASTE\2008\Projects\City of Clearwater Airpark-12008278\Tables\HistoricGroundwaterAnaltyicalTable3.doc
TABLE 3
SUMMARY OF HISTORIC GROUNDWATER ANALYTICAL RESULTS
CLEARWATER EXECUTIVE AIRPARK
1100 NORTH HERCULES AVENUE
CLEARWATER, FLORIDA
FACILITY ID No. 528630882
Monitor Well
Number
Sample
Date Benzene Ethylbenzene Toluene Xylenes MTBE Ethylene
Dibromide
8/24/04 ND (1.0) ND (1.0) ND (1.0) ND (1.0) ND (1.0) --
2/17/05 -- -- -- -- -- ND (0.01)
MW-10
6/11/07 ND (0.50) ND (0.44) ND (0.51) ND (0.50) ND (0.44) ND (0.009)
8/24/04 ND(1.0) ND (1.0) ND (1.0) ND (1.0) ND (1.0) -- MW-11
2/17/05 -- -- -- -- -- ND (0.01)
8/24/04 ND (1.0) ND (1.0) ND (1.0) ND (1.0) ND (1.0) -- MW-12
2/17/05 -- -- -- -- -- ND (0.01)
8/24/04 3.6 ND (1.0) 236 ND (1.0) ND (1.0) -- MW-13
6/11/07 3.0 2.8 1.4 0.9 (E) ND (0.44) ND (0.009)
1/27/05 41 ND (25) 11,000 ND (75) ND (50) 0.27 MW-14
6/12/07 14 2.4 1,400 2.1 (E) ND (0.44) ND (0.009)
1/27/05 1.8 ND (0.50) 280 ND (1.5) ND (1.0) -- MW-15
6/11/07 6.4 (E) 6.7 (E) 2,900 ND (5.0) ND (4.4) ND (0.009)
2/18/05 25 0.75 130 ND (1.5) ND (1.0) --
6/11/07 19 2.0 320 1.3 (E) ND (0.44) ND (0.009)
MW-16
10/2/08 ND (0.50) 0.91 (E) 0.62 (E) ND (1.0) ND (0.50) ND (0.006)
2/18/05 ND (0.5) ND (0.5) ND (5.0) ND (1.5) ND (1.0) -- MW-17
6/11/07 ND (0.50) ND (0.44) ND (0.51) ND (0.50) ND (0.44) ND (0.009)
4/5/05 2.3 ND (1.0) ND (5.0) ND (3.0) ND (1.0) -- MW-18
6/11/07 4.1 1.7 ND (0.51) ND (0.50) ND (0.44) ND (0.009)
4/5/05 ND (1.0) ND (1.0) ND (5.0) ND (3.0) 4.2 --
6/11/07 5.8 2.8 1,400 1.5 (E) ND (0.44) ND (0.009)
MW-19
10/2/08 1.4 2.6 230 ND (1.0) ND (0.50) ND (0.007)
8/29/07 2.6 ND (0.44) 1.5 ND (0.50) ND (0.44) ND (0.008)
10/2/08 1.6 2.8 190 ND (1.0) ND (0.50) ND (0.006)
MW-20
10/20/08
R:\WASTE\2008\Projects\City of Clearwater Airpark-12008278\Tables\HistoricGroundwaterAnaltyicalTable3.doc
TABLE 3
SUMMARY OF HISTORIC GROUNDWATER ANALYTICAL RESULTS
CLEARWATER EXECUTIVE AIRPARK
1100 NORTH HERCULES AVENUE
CLEARWATER, FLORIDA
FACILITY ID No. 528630882
Monitor Well
Number
Sample
Date Benzene Ethylbenzene Toluene Xylenes MTBE Ethylene
Dibromide
MW-21 10/20/08
IW-1 10/20/08
1/27/05 ND (0.5) ND (0.5) 14 ND (1.5) ND (1.0) -- DW-1
6/11/07 ND (0.50) ND (0.44) 0.61 (E) ND (0.50) ND (0.44) ND (0.009)
MW-A 3/25/04 ND (1.0) ND (1.0) ND (1.0) ND (1.0) ND (1.0) --
MW-B 5/13/04 ND (1.0) ND (1.0) ND (1.0) ND (1.0) ND (1.0) --
Groundwater Cleanup Target
Levels(1)1.0 30 40 20 20 0.02
Natural Attenuation Default
Source Concentrations(2)100 300 400 200 200 2.0
NOTES: All results expressed in micrograms per liter (µg/L)
ND (1.0) – Not Detected (Detection Limit)
-- – Not Sampled
(E) – Estimated Value
MTBE – Methyl tert-butyl ether
(1) – Table I – Groundwater Cleanup Target Levels, Chapter 62-777, Florida Administrative Code.
(2) – Table V – Natural Attenuation Default Source Concentrations, Chapter 62-777, Florida Administrative Code.
Monitor well TMW-1 was replaced by monitor well MW-14.
Monitor wells TMW-3, MW-2, MW-3, and MW-A have been destroyed.
Groundwater samples were collected by URS Corporation from 6/11/07 to the present. Groundwater samples were collected by
others prior to 6/11/07.
R:\WASTE\2008\Projects\City of Clearwater Airpark-12008278\Tables\HistoricGroundwaterAnaltyicalTable3.doc
APPENDIX A
GROUNDWATER SAMPLING LOG FORMS
Attachment number 5
Page 44 of 123
Attachment number 5
Page 45 of 123
Attachment number 5
Page 46 of 123
Attachment number 5
Page 47 of 123
Attachment number 5
Page 48 of 123
Attachment number 5
Page 49 of 123
Attachment number 5
Page 50 of 123
Attachment number 5
Page 51 of 123
Attachment number 5
Page 52 of 123
APPENDIX B
LABORATORY REPORTS AND CHAIN-OF-CUSTODY FORMS
Attachment number 5
Page 53 of 123
Attachment number 5
Page 54 of 123
Attachment number 5
Page 55 of 123
Attachment number 5
Page 56 of 123
Attachment number 5
Page 57 of 123
Attachment number 5
Page 58 of 123
Attachment number 5
Page 59 of 123
Attachment number 5
Page 60 of 123
Attachment number 5
Page 61 of 123
Attachment number 5
Page 62 of 123
Attachment number 5
Page 63 of 123
Attachment number 5
Page 64 of 123
Attachment number 5
Page 65 of 123
Attachment number 5
Page 66 of 123
Attachment number 5
Page 67 of 123
Attachment number 5
Page 68 of 123
Attachment number 5
Page 69 of 123
Attachment number 5
Page 70 of 123
Attachment number 5
Page 71 of 123
Attachment number 5
Page 72 of 123
Attachment number 5
Page 73 of 123
Attachment number 5
Page 74 of 123
Attachment number 5
Page 75 of 123
Attachment number 5
Page 76 of 123
Attachment number 5
Page 77 of 123
Attachment number 5
Page 78 of 123
Attachment number 5
Page 79 of 123
Attachment number 5
Page 80 of 123
Attachment number 5
Page 81 of 123
Attachment number 5
Page 82 of 123
Attachment number 5
Page 83 of 123
Attachment number 5
Page 84 of 123
Attachment number 5
Page 85 of 123
Attachment number 5
Page 86 of 123
Attachment number 5
Page 87 of 123
Attachment number 5
Page 88 of 123
Attachment number 5
Page 89 of 123
Attachment number 5
Page 90 of 123
Attachment number 5
Page 91 of 123
Attachment number 5
Page 92 of 123
Attachment number 5
Page 93 of 123
Attachment number 5
Page 94 of 123
APPENDIX C
MONITOR WELL CONSTRUCTION LOGS
Attachment number 5
Page 95 of 123
Attachment number 5
Page 96 of 123
Attachment number 5
Page 97 of 123
APPENDIX D
VAPOR/LIQUID SEPARATOR DATA
Attachment number 5
Page 98 of 123
Attachment number 5
Page 99 of 123
Attachment number 5
Page 100 of 123
Attachment number 5
Page 101 of 123
APPENDIX E
ESTIMATED INFLUENT CONTAMINANT CONCENTRATIONS
Attachment number 5
Page 102 of 123
Attachment number 5
Page 103 of 123
APPENDIX F
AIR STRIPPER PERFORMANCE DATA
Attachment number 5
Page 104 of 123
Attachment number 5
Page 105 of 123
APPENDIX G
DRI TEST AND MOUNDING ANALYSIS
Attachment number 5
Page 106 of 123
Attachment number 5
Page 107 of 123
Attachment number 5
Page 108 of 123
Attachment number 5
Page 109 of 123
Attachment number 5
Page 110 of 123
Attachment number 5
Page 111 of 123
Attachment number 5
Page 112 of 123
Attachment number 5
Page 113 of 123
Attachment number 5
Page 114 of 123
Attachment number 5
Page 115 of 123
Attachment number 5
Page 116 of 123
Attachment number 5
Page 117 of 123
Attachment number 5
Page 118 of 123
Attachment number 5
Page 119 of 123
Attachment number 5
Page 120 of 123
Attachment number 5
Page 121 of 123
Attachment number 5
Page 122 of 123
Attachment number 5
Page 123 of 123
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Approve a recommendation by the Public Art and Design Board for the commission of a public art glass installation entitled “Untitled”
to be installed at the Clearwater Beach Recreation Center and Library, as designed by artist Catherine Woods for a total cost of $8,108
and transfer $4,000 from Cultural Affairs Operating Budget 010-01850 to CIP 325-93265 at third quarter. (consent)
SUMMARY:
The theme and scope of the project was determined with input from representatives of the Parks and Recreation and Library
departments. The desired intent for the artwork was to create a shared space between the recreation center and library and to provide an
artistic source of energy and vibrant colors with ties to the natural beauty of Clearwater Beach.
The Public Art and Design Board appointed a five-member Selection Panel comprised of individuals representing specified interests
and expertise as follows:
Joshua Bomstein (Chair), a member, and Chair, of the Public Art and Design Board.
JP Atherholt, Parks and Recreation representative and supervisor of the Beach Recreation Center
Jan Nickols, Library representative (replaced by Joyce Kirchoffer, Beach Librarian)
Constance Plisko, professional glass artist
Pat Murphy, a representative of the community and member of the Clearwater Beach Association.
Due to the limited budget of this project, a “Limited Competition Call to Artists” was selected and four local artists were invited to
submit qualifications and past work. On October 24, 2008 the selection panel met to review the artists’ qualifications, based on the
artistic desires of the stakeholders, and selected Catherine Woods to create a site-specific proposal. On June 1, 2009 in a meeting at the
Beach Recreation Center and Library, Ms. Woods presented her site-specific proposal of artwork to the selection panel.
The panel unanimously approved Ms. Woods’ proposal. The recommendation was confirmed by the Public Art and Design Board, who
in turn is recommending this artist’s proposal of public artwork to the City Council.
The Clearwater Beach Recreation Center and Library became a capital improvement project requiring a 1% allocation for public art
when the project exceeded $500,000 in costs. The original project was less than $500,000 and thus funds were not originally set aside
for this project. The addition of replacement windows and additional air conditioning needed for the library resulted in the increased
cost. There is a remaining balance of just over $4,108 in CIP 315-93265 therefore, staff is requesting a transfer of funds from the
Cultural Affairs operating budget 010-01850 of $4,000 to cover the purchase of this artwork. The transfer of these funds will not
adversely impact the operations of the Cultural Affairs office.
At third quarter, the remaining balance of $4,108 in project 315-93265 will be transferred to capital project 325-93265. In addition, an
additional $4,000 of operating savings in the Cultural Affairs operating budget will also be transferred to 325-93265 to provide the
funds necessary for the purchase of this artwork.
Type:Capital expenditure
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
Current Year Cost:$8,108.00 Annual Operating Cost:-0-
Not to Exceed:$8,108.00 Total Cost:$8,108.00
For Fiscal Year:2008 to 2009
Appropriation Code Amount Appropriation Comment
325-93265 $8,108.00
Cover Memo
Bid Required?:No Bid Number:
Other Bid / Contract:Bid Exceptions:None
Review
Approval:
1) Financial Services 2) Parks and Recreation 3) Financial Services 4) Office of Management and Budget 5) Parks and
Recreation 6) Financial Services 7) Office of Management and Budget 8) Clerk 9) Assistant City Manager 10) Clerk 11) City
Manager 12) Clerk
Cover Memo
Location: Clearwater Beach Recreation Center & Library (51 Bay Esplanade)
Project Synopsis:
Based on meeting with stakeholders and representatives from the recreation center and library, the
desire for artwork that creates a shared space between the two portions of the facility was strongly
preferred. Additionally, artwork was to create a sense of energy and vitality for the shared space and
should acknowledge the natural beauty and environment of the Clearwater Beach community.
Budget: $8,108
Selection Panel:
Joshua Bomstein (Chair), a member, and Chair, of the Public Art & Design Board.
JP Atherholt, Parks & Recreation representative and supervisor of the Beach Rec. Center
Jan Nickols, Library representative (replaced by Joyce Kirchoffer, Beach Librarian)
Constance Plisko, professional glass artist
Pat Murphy, a representative of the community and member of the Clearwater Beach Assn.
Public Art & Design Board:
Joshua Bomstein (Chair), Creative Contractors, Inc., Vice President
Alex Plisko, Architect, Plisko Architecture
George Ann Bissett, Dunedin Fine Art Center, Executive Director
Mark Flickinger, Pinellas County Cultural Affairs, Public Art Administrator
Sarah Butz, Artist
Howard Warshauer, Community representative
John Timberlake, Community representative
Selection Process and Criteria:
The five-member Selection Panel reviewed qualifications from four local artists directly selected for
invitation due to their specialization in glass art work.
Artist qualifications and past projects were evaluated on their artistic content, budget, durability, and
other categories included in the Limited Competition Call to Artists including specific criteria such as:
Serving as a shared space between the recreation center and library
Providing a source of energy and vitality for the facility
Providing an artistic reference to the natural beauty and environment of Clearwater Beach
Enhancing features of pre-existing architectures and amenities
Rationale for Selection:
The Selection Panel determined that the design and proposal of Catherine Woods best reflected the
stakeholders’ desire for artwork that created a visual connection between the recreation center and
library and provided a sense of energy and vitality to the facility. Ms. Woods’ proposal also
demonstrated a keen insight, through her color palate choices as homage to the natural beauty of the
area surrounding the facility. Additionally, Ms. Woods has made a number of on-site visits and is very
familiar with the facility and the desired message to be conveyed through the artwork. The Panel valued
Ms. Woods’ reputation and cooperative work process as well as the variety and composition of her
previous works.
Attachment number 1
Page 1 of 2
Description of Project:
Title: Untitled
Medium: Colored and cut glass
Proposed dimensions: Glassworks arranged intermittently over three glass panels
Synopsis
“Untitled” will consist of a number of elliptical cut glass arrangements adhered to the existing glass wall
separating the Clearwater Beach Recreation Center and Library facilities. Artist Catherine Woods will
remove the existing glass panes from the partition wall and affix her multi-colored arrangements to the
pane with an adhesive specifically designed for such an installation. These ellipses will be lit from
ambient natural light filtering into the facility as well as the existing overhead lights in the recreation
center and library.
Artist Credentials:
Education:
BA, Graphic Design
University of Maryland, College Park, MD
Post-graduate work, Advertising Program
Portfolio Center, Atlanta, GA
Member of the Glass Arts Society
Recent Public Art Projects:
“Underground Spring” – St. Petersburg, FL, 2008
Budget: $125,000.00
In-ground laminated pavers, safety glass/fused glass/fiber optic lighting.
“Arcs in Motion” – Largo, FL, 2007
Budget: $24,000.00
Fused glass wall/architectural feature
Past Public Art Projects:
“State Song” – Kansas City, KS, 2006
Budget: $45,000.00 (glass panels only)
Exterior glass tower representing the state song of Kansas.
“Rolling Targets” – St. Louis, MO, 2005
Budget: $6,000.00
Neon-illuminated fused glass sculptures.
“Oasis” – Clayton, MO, 2004
Budget: $70,000.00
Ceiling-mounted glass and aluminum panels.
Attachment number 1
Page 2 of 2
Attachment number 2
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Ratify and confirm the City Manager’s approval to increase the landscape maintenance contract with “Earth Designs” from $166,312 to
$266,832 for additional landscape services.
SUMMARY:
· As the low bidder, the City entered into a landscape maintenance agreement with TriMor Systems, Inc. for the maintenance of 3
districts; DOT Properties, Northwest Clearwater and vacant lot properties for $79,986.08. On June 30, 2009 TriMor Systems, Inc.
informed the City that they were cancelling their contract with the City.
· In order to continue landscape maintenance for these districts, staff approached the next responsible low bidder which was Earth
Designs and they agreed to take on the additional maintenance for their original bid cost of $100,520.
· Earth Designs currently manages five (5) other landscape maintenance contracts valued at $166,312 and they have been a
responsive and acceptable contractor.
· In order to continue maintenance during the growing season, the City Manager approved increasing the Earth Designs contract
from $166,312 to $266,832 and staff is recommending that the Council ratify and confirm his decision.
Type:Operating Expenditure
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
Current Year Cost:$266,832 Annual Operating Cost:-0-
Not to Exceed:$266,832 Total Cost:$266,832
For Fiscal Year:2009 to 2010
Appropriation Code Amount Appropriation Comment
010-01867-530300-572-000 $100,520 Additional amount needed for contract
Bid Required?:Yes Bid Number:20-08
Other Bid / Contract:Bid Exceptions:None
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City
Manager 8) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Approve the proposed artworks for “Sculpture360: Season II – Art in the Cleveland Street District” and the expenditure of $3,000 from
the Public Art Discretionary Fund to supplement the Sculpture360 project budget. (consent)
SUMMARY:
“Sculpture360 – Art in the Cleveland Street District” is a temporary exhibition of outdoor public artwork intended to bring high-quality,
iconic, and vibrant artwork to downtown Clearwater.
An open “Call to Artists” as outlined in the Public Art and Design Guidelines was issued detailing the scope of the project.
The Public Art and Design Board appointed a Selection Panel comprised of individuals representing specified interests and expertise as
follows:
Mark Flickinger (Chair), a member of the Public Art and Design Board and director of the Pinellas County Public Art and Design
Program
David Allbritton, chairman of the Downtown Development Board and representative of the downtown community
Kevin Brady, professional artist and sculptor
Megan Voeller, arts professional, critic, and educator
Anne Fogarty-France, Economic Development representative
The Call to Artists resulted in approximately 30 responses of qualified artists with various works proposed for temporary loan. The
selection panel met on June 17, 2009 at the Clearwater Main Library and selected three finalists (Jarrett Hawkins, Jack Howard-Potter,
and Rob Lorenson) and two alternates (Wayne Trapp and Robert Chambers). All artists and artworks have been reviewed by the Public
Art and Design Board.
The Public Art and Design Board requests that the City Council review and approve an allocation of $3,000.00 from the Public Art and
Design Program Discretionary Fund for the purpose of supplementing the project budget for Sculpture360: Season II. Funds will be
utilized for artist honoraria and equipment, materials, and personnel necessary for installing and removing the sculpture under the terms
of the exhibition.
A third quarter budget amendment will reflect the transfer of $3,000 from the public art discretionary funds in the Special Development
Fund to capital project 315-93608, Miscellaneous Public Art.
Type:Capital expenditure
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
Current Year Cost:$3,000 Annual Operating Cost:-0-
Not to Exceed:$3,000 Total Cost:$3,000
For Fiscal Year:2009 to 2010
Appropriation Code Amount Appropriation Comment
315-93608 $3,000
Bid Required?:No Bid Number:
Cover Memo
Other Bid / Contract:Bid Exceptions:None
Review
Approval:
1) Office of Management and Budget 2) Parks and Recreation 3) Office of Management and
Budget 4) Legal 5) Clerk 6) Assistant City Manager 7) Clerk 8) City Manager 9) Clerk
Cover Memo
Location: Cleveland Street District, downtown Clearwater
Project Synopsis:
Sculpture360: Art in the Cleveland Street District is a temporary outdoor exhibition of public artwork and
sculpture for the period of one year. Similar to other long-standing sculpture exhibitions such as the
Sarasota Season of Sculpture, Sculpture360 aims to bring high-quality, vibrant, and engaging public
artwork to the citizens and visitors of Clearwater.
Budget: $12,000
Selection Panel:
Mark Flickinger (Chair), a member of the Public Art & Design Board and director of the Pinellas County
Public Art & Design Program
David Allbritton, chairman of the Downtown Developm ent Board and representative of the downtown
community
Kevin Brady, professional artist and sculptor
Megan Voeller, arts professional, critic, and educator
Anne Fogarty-France, Economic Development representative
Public Art & Design Board:
Joshua Bomstein (Chair), Creative Contractors, Inc., Vice President
Alex Plisko, Architect, Plisko Architecture
George Ann Bissett, Dunedin Fine Art Center, Executive Director
Mark Flickinger, Pinellas County Cultural Affairs, Public Art Administrator
Sarah Butz, Artist
Howard Warshauer, Community representative
John Timberlake, Community representative
Selection Process and Criteria:
The five-member Selection Panel reviewed proposed artworks from the artist qualifications received
though the open Call to Artists. Artwork and artist credentials were evaluated on their artistic content,
durability, originality, and other specific criteria outlined in the Call to Artists such as:
Being vibrant, engaging and colorful
Being a solid structure and able to “hold its own” against the visual activity of downtown
Being iconic and serving as a visual anchor-point of the Cleveland Street District
Rationale for Selection:
The following artworks were chosen by the Selection Panel on the basis that they met and exceeded the
qualifications for desired sculpture identified in the Call to Artists. Each artist is a qualified and active
sculptor and has professional training in the arts, a lengthy public exhibition record, a number of
successful public or private commissions, and/or a combination of these traits.
Information on each artist and images of the selected work follow
Attachment number 1
Page 1 of 6
Artist Name:
Jarrett K. Hawkins
Artwork Title:
Linear V (2009)
Artwork Medium:
Cast aluminum, lacquer finish
Artwork Dimensions:
8’ 2” x 2’ x 1’ 8”
Artwork Value:
$22,000
Artist Credentials:
Graduate of Miami University, Oxford, OH
Recent Public Works:
Medallions, 2008
World Food Prize Foundation
Des Moines, IA
Remembrance, 2005
Liberty Garden at Eden Park
Affecting Change, 2004
Bridge Media Worldwide
No Child Left Behind, 2004
Hamilton High School
Hamilton, OH
Pioneer Family, 2002
Private Commission
Hamilton, OH
Bill, 2002
Fidelity Investments
Covington, KY
The Patriot, 2001
Deer Park Veteran’s Memorial
Deer Park, OH
Attachment number 1
Page 2 of 6
Artist Name:
Jack Howard-Potter
Artwork Title:
Going Green (2008)
Artwork Medium:
Steel with powder coating
Artwork Dimensions:
8’ 10” x 4’ 2” x 5’
Artwork Value:
$10,000
Artist Credentials:
B.A. Sculpture
Union College, Schenectady, NY
Recent Public Exhibitions:
ULM Sculpture Garden, 2009
University of Louisiana at Monroe
Monroe, LA
JUST Jackson TN, 2008
Union University Sculpture Tour
Jackson, TN
Cedarhurst, 2008
Mount Vernon, IL
Downtown Albany Sculpture in the Streets, 2008
Albany, NY
2 Rivers Art Project, 2008
Glenwood Springs, CO
IAG Galleries, 2008
Naples, FL
Sculptors Dominion, 2008
San Antonio, TX
Attachment number 1
Page 3 of 6
Artist Name:
Rob Lorenson
Artwork Title:
Brushstrokes (2009)
Artwork Medium:
Stainless steel, powder coating
Artwork Dimensions:
10’ x 6’ x 4 ¼”
Artwork Value:
Unknown
Artist Credentials:
Master of Fine Arts, Sculpture
Northern Illinois University
DeKalb, IL
Bachelor of Fine Arts, Sculpture
University of Northern Iowa
Cedar Falls, IA
Recent Public Works:
Five Points Plaza, 2009
Sarasota, FL
Keene State College Veterans Memorial, 2007
Newport News Public Art, 2005
Newport News, VA
Recent Public Exhibitions:
Outdoor Sculpture, 2009
Rhode Island College
Providence, RI
Solo Show of Sculpture, 2008
Lattitude Gallery
Boston, MA
Carin Croft Sculpture Show, 2008
Dover, MA
Solo Show, 2008
Hearst Center for the Arts
Cedar Falls, IA
Attachment number 1
Page 4 of 6
Alternate Artist #1
Artist Name:
Wayne Trapp
Artwork Title:
Presents from Heaven (2008)
Artwork Medium:
Weathered steel and gold leaf
Artwork Dimensions:
8’ x 3’ x 3”
Artwork Value:
$20,000
Artist Credentials:
None listed
Recent Public Exhibitions:
Art in Place
Charlottesville, VA
Art Space
Richmond, VA
Chapel Hill Public Arts Commission
Chapel Hill, NC
Dogwood Festival
Knoxville, TN
Fayetteville Museum of Art
Fayetteville, NC
North Charleston Outdoor Sculpture
North Charleston, SC
Polk Museum of Art
Lakeland, FL
Attachment number 1
Page 5 of 6
Alternate Artist #2
Artist Name:
Robert Chambers
Artwork Title:
Molecule series (2008)
Artwork Medium:
Bronze
Artwork Dimensions:
Variable
Artwork Value:
None listed
Artist Credentials:
Master of Arts
New York University
New York, NY
Bachelor of Fine Arts
University of Miami
Miami, FL
Recent Public Works:
Kino, 2008 – 2009
Miami-Dade Art in Public Places
South Miami-Dade Cultural Center
Miami, FL
Ryoanji Sky Mural, 2008 – 2009
10 Museum Park
Miami, FL
Ellipse Path, 2008
Miami-Dade Art in Public Places
South Miami-Dade Cultural Center
Miami, FL
Atomic Dog, 2008
City of Winter Park Public Art Program
Winter Park, FL
Ellipsota, 2006
New York Times/Sarasota Herald Tribune
Sarasota, FL
Attachment number 1
Page 6 of 6
Attachment number 2
Page 1 of 1
Attachment number 3
Page 1 of 1
Attachment number 4
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Approve a contract in the amount of $583,270.50 with the Pinellas County Sheriff’s Office, Largo, Florida for latent fingerprint, crime
scene processing, evidence and property storage and Pinellas Juvenile Assessment Center services, during the one year contract period
commencing October 1, 2009, through September 30, 2010 and authorize the appropriate officials to execute same. (consent)
SUMMARY:
· The Pinellas County Sheriff’s Office (PCSO) and the Clearwater Police Department (CPD) began annual contractual agreement
for services in January 1994. The agreements covered latent fingerprint examination, property/evidence storage, crime scene processing
services and in FY 2008/2009 included a share of security costs at the Pinellas Juvenile Assessment Center (PJAC).
· The total cost of the proposed FY 2009/2010 agreement is $583,270.50 reflecting a 10% decrease in cost from the 2008/2009
contract for services primarily due to a reduction in the number of items being submitted by CPD to the Sheriff’s Office Property and
Evidence Division.
· The proposed contractual agreement reflects the following breakout of costs: Fingerprint Services - $91,710.00; Forensic Science
Services (Crime Scene Processing) - $301,380.00 (1,500 calls at $200.92 per call), requests for services in excess of 1,500 calls will be
invoiced monthly at a rate of $200.92 per call. In addition, any funds from unused calls for service from FY 2009/2010 shall be applied
toward the following year’s contractual agreement; Evidence and Property Service andStorage - $135,791.00 (inclusive of personnel
and storage costs).
· Additionally, for the second year, PCSO is charging all Pinellas County law enforcement agencies their respective share of the
cost of providing security for the Pinellas Juvenile Assessment Center (PJAC). Clearwater's share is $54,389.50 based on the number of
juvenile bookings, totaling 682, made by CPD into PJAC, reflecting a cost of $79.75 per juvenile. Billing for requests for service in
excess of the 682 bookings during the term of this contract shall be invoiced at the rate of $79.75 per booking. Any funds not expended
in FY 2009/2010, because the number of juveniles booked is less than 682, will carry over to next year’s agreement.
· Funding for this contractual agreement is available in the Police Department’s F/Y 2009/2010 operating budget.
Type:Operating Expenditure
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:$583,270.50
For Fiscal Year:2009 to 2010
Appropriation Code Amount Appropriation Comment
010-01121-530300-521-000 $583,270.50
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
Attachment number 1
Page 1 of 10
Attachment number 1
Page 2 of 10
Attachment number 1
Page 3 of 10
Attachment number 1
Page 4 of 10
Attachment number 1
Page 5 of 10
Attachment number 1
Page 6 of 10
Attachment number 1
Page 7 of 10
Attachment number 1
Page 8 of 10
Attachment number 1
Page 9 of 10
Attachment number 1
Page 10 of 10
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Approve a Contract (Blanket Purchase Order) to Wingfoot Commercial Tire of Clearwater, FL for an amount not to exceed $250,000
for the purchase of Goodyear tires for City Motorized equipment during the contract period September 1, 2009 through August 31, 2010
in accordance with Sec. 2.56(1)(d), Code of Ordinances - other governmental bid and authorize the appropriate officials to execute
same. (consent)
SUMMARY:
This Blanket Purchase Order is a piggyback of the Florida State Contract 863-000-10-1 and covers the purchase of several sizes of tires
for use on all City vehicles.
Type:Purchase
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$25,000 Annual Operating Cost:
Not to Exceed:$250,000 Total Cost:$250,000
For Fiscal Year:10/1/08 to 09/30/09
Appropriation Code Amount Appropriation Comment
566-06611-550700-519-000 $250,000 BPO
Review
Approval:
1) Financial Services 2) Solid Waste/General Support Services 3) Financial Services 4) Office of Management and
Budget 5) Clerk 6) Assistant City Manager 7) Clerk 8) City Manager 9) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Award a contract to Keystone Excavators, Inc., of Oldsmar, Fl, for the construction of Alligator Creek Channel F Drainage
Improvements (Project 03-0028-EN) in the amount of $1,432,233.00, which is the lowest responsible bid in accordance with the plans
and specifications and authorize appropriate officials to execute the same. (consent)
SUMMARY:
The Alligator Creek Channel F Drainage Improvements project includes construction of gabion embankments and realignment of the
channel to the flow path within the City’s easement. Existing box culverts crossing under Old Coachman Road and Wetherington Road
will be upsized and utilities will be adjusted or improved at the channel crossings and roadways.
Channel F is a tributary to Alligator Creek and is located east of Old Coachman Road and north of N.E. Coachman Road. Channel F
flows southwest, through the Coachman Ridge Subdivision, into Alligator Creek.
Southwest Florida Water Management District (SWFWMD) is funding on an equal share basis, 50% of the entire costs of the project up
to $1,000,000 as approved by City Council May 15, 2008.
The requested $1,432,233.00 provides for Keystone Excavators, Inc. to complete the construction shown on the design plans.
The estimated time period for construction is 225 calendar days to start in September 2009 and finish in May 2010.
Sufficient budget and revenue are available in Capital Improvement Program (CIP) project 0327-96634, Sanitary Sewer Repair and
Replacement in the amount of $29,700 for Sewer items and $17,985 of 09 Water and Sewer Bond Construction project 0376-96742,
Line Relocation – Capitalized for Water items.
Third quarter amendments will establish Capital Improvement Program (CIP) project 0315-96171, Alligator Creek Channel F Drainage
Improvements with the following transfers, $792,274 of Stormwater Utility (388419) revenue and $1,000,000 of SWFWMD (337900)
grant budget only from CIP 0315-96154, Alligator Creek Implementation Projects Phase II to fund the project plus an additional
$100,000 to fund any unanticipated costs and miscellaneous items related to the project.
Type:Capital expenditure
Current Year Budget?:No Budget Adjustment:Yes
Budget Adjustment Comments:
Current Year Cost:$1,432,233.00 Annual Operating Cost:
Not to Exceed:$1,432,233.00 Total Cost:$1,432,233.00
For Fiscal Year:2008 to 2009
Appropriation Code Amount Appropriation Comment
0315-96171-563700-539-
000-0000
$1,384,548.00See summary
0376-96742-563800-533-
000-000
$ 17,985.00See summary
0327-96634-563800-535-
000-0000
$ 29,700.00See summary
Cover Memo
Bid Required?:Yes Bid Number:03-0028-EN
Other Bid / Contract:Bid Exceptions:None
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City
Manager 8) Clerk
Cover Memo
Page 1
BOND NUMBER: _________________
CONTRACT BOND
STATE OF FLORIDA
COUNTY OF PINELLAS
KNOW ALL MEN BY THESE PRESENTS: That we KEYSTONE EXCAVATORS, INC.
Contractor and DEVELOPERS SURETY AND INDEMNITY COMPANY (Surety) whose
home address is P. O. BOX 19725, IRVINE, CALIFORNIA
HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater,
Florida (hereinafter called the "Owner") in the penal sum of: ONE MILLION FOUR HUNDRED
THIRTY-TWO THOUSAND TWO HUNDRED THIRTY THREE DOLLARS AND NO
CENTS (1,432,233.00) 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:
ALLIGATOR CREEK – CHANNEL F – (03-0028-EN)
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.
Attachment number 1
Page 1 of 6
Page 2
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
KEYSTONE EXCAVATORS, INC.
CONTRACTOR
By:
ATTEST:
____________________
SURETY
WITNESS: By:
ATTORNEY-IN-FACT
___________________________________
COUNTERSIGNED:
Attachment number 1
Page 2 of 6
Page 3
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
KEYSTONE EXCAVATORS, INC. of the City of OLDSMAR, County of PINELLAS 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:
ALLIGATOR CREEK – CHANNEL F – (03-0028-EN) FOR THE SUM OF: ONE MILLION
FOUR HUNDRED THIRTY-TWO THOUSAND, TWO HUNDRED THIRTY THREE
DOLLARS AND NO CENTS (1,432,233.00)
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.
Attachment number 1
Page 3 of 6
Page 4
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.
Attachment number 1
Page 4 of 6
Page 5
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:_______________________________ ______________________(Seal)
William B. Horne, II
City Manager Attest:
Countersigned: ________________________
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).
Attachment number 1
Page 5 of 6
Page 6
CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT
(CORPORATION FORM)
STATE OF FLORIDA
COUNTY OF PINELLAS
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 KEYSTONE
EXCAVATORS, INC. a Florida Corporation, with its principal place of business located at 371
SCARLET, OLDSMAR, FLORIDA 34677 (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:
ALLIGATOR CREEK – CHANNEL F (03-0028-EN)
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 KEYSTONE EXCAVATORS, INC.
AFFIANT
This day of , 20___
BY: _______________________
__________________________________
NOTARY PUBLIC
_________________________
My Commission Expires: PRESIDENT
Attachment number 1
Page 6 of 6
R
D
Casey
WETHERINGTON
R
D
CRE
E
K
CR
-
5
3
5
LE
E
AL
B
R
IG
H
T
C ir
Lagoo
n
VE
R
D
E
DR
CIR
N
OL
D
AS
B
U
R
Y
CO
A
C
H
M
A
N
W
M
A
NO
R
AVE
RD
PL
PL
CAN
D
L
E
R
ST
EL
M
H
UR
S
GLE
N
V
I
L
L
E
Cir
RA
G
L
A
N
D
W
LAGOON
AV
E
La
g
oo
n
N
Lag
o
o
n
E
Cir
BLVD
R D
ALLI
G
A
T
O
R
ST
E
T
S
O
N
VANDERBILT
COA
C
H
MAN
R
D
WA
Y
PA
S
S
N .E.
RUN
M
I
S
T
Y
LO CK
DR
RD
FLINT
WIND
FA
R
RIE
R
TR
A
I
L
C
O
A
C
H
M
A
N
OLD
SR-
5
9
0
T
R
A
I
L
TO
P
RI DGE
TR AI L
OL
D
C
O
A
C
H
T
R
A
I
L
MA
KE
R
S
G
A
P DR
C OA
C
H
EL
TA
I
R
PL
A
T
E
A
U
WA
Y
R
D
.
YA
L
E
CAMPBELL
Jones
R
D
BE
L
M
ONT
DR
EMOR
STAG
Mc CAU
L
E
Y
JES
S
I
CA
RD
B
E
V
I
L
L
E
PR
I
N
C
E
COAC H W H IP
MIDN
I
G
H
T
ENZIE
C
T
MA
C
K
VANDERBILT VANDERBILT
Alligator Creek
Prepared by:
Engineering Department
Geographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33756
Ph: (727)562-4750, Fax: (727)526-4755
www.MyClearwater.com
Channel F
SAFJH N.T.S.263A 6-16s-29e4/28/08Map Gen By:Reviewed By:S-T-R:Grid #:Date:Scale:
Alligator Creek
Channel F Improvements
Map Document: (V:\GIS\Engineering\Location Maps\Alligator Creek Channel F Improvements.mxd)
4/28/2008 -- 10:58:56 AM
Attachment number 2
Page 1 of 1
BI
D
I
T
E
M
S
U
N
I
T
Q
T
Y
U
N
I
T
P
R
I
C
E
A
M
O
U
N
T
U
N
I
T
P
R
I
C
E
A
M
O
U
N
T
U
N
I
T
P
R
I
C
E
A
M
O
U
N
T
U
N
I
T
P
R
I
C
E
A
M
O
U
N
T
U
N
I
T
P
R
I
C
E
A
M
O
U
N
T
U
N
I
T
P
R
I
C
E
A
M
O
U
N
T
U
NI
T
P
R
I
C
E
A
M
O
U
N
T
1
Mo
b
i
l
i
z
a
t
i
o
n
,
G
e
n
e
r
a
l
C
o
n
d
i
t
i
o
n
s
a
n
d
De
m
o
b
i
l
i
z
a
t
i
o
n
LS
1
80
,
0
0
0
.
0
0
$
8
0
,
0
0
0
.
0
0
$
3
8
,
8
4
9
.
5
0
$
3
8
,
8
4
9
.
5
0
$
2
1
0
,
5
9
9
.
0
0
$
2
1
0
,
5
9
9
.
0
0
$
7
,
2
4
8
.
0
0
$
7
,
2
4
8
.
0
0
$
1
1
0
,
0
0
0
.
0
0
$
1
1
0
,
0
0
0
.
0
0
$
2
8
0
,
0
0
0
.
0
0
$
2
8
0
,
0
0
0
.
0
0
$
9
3
,
7
5
0
.
0
0
$
9
3
,
7
5
0
.
0
0
$
2
M
a
i
n
t
e
n
a
n
c
e
o
f
T
r
a
f
f
i
c
L
S
1
7,
5
0
0
.
0
0
$
7
,
5
0
0
.
0
0
$
1
5
,
2
6
7
.
6
0
$
1
5
,
2
6
7
.
6
0
$
3
9
,
0
0
0
.
0
0
$
3
9
,
0
0
0
.
0
0
$
8
,
0
0
2
.
0
0
$
8
,
0
0
2
.
0
0
$
3
5
,
0
0
0
.
0
0
$
3
5
,
0
0
0
.
0
0
$
8
4
,
0
0
0
.
0
0
$
8
4
,
0
0
0
.
0
0
$
2
4
,
3
5
0
.
0
0
$
2
4
,
3
5
0
.
0
0
$
ST
O
R
M
W
A
T
E
R
3
Tr
e
e
P
r
o
t
e
c
t
i
o
n
(
r
o
o
t
p
r
u
n
i
n
g
,
t
r
e
e
t
r
i
m
m
i
n
g
,
t
r
e
e
ba
r
r
i
c
a
d
e
s
,
t
r
e
e
p
r
o
t
e
c
t
i
o
n
)
L
S
1
4,
0
0
0
.
0
0
$
4
,
0
0
0
.
0
0
$
1
0
,
0
0
8
.
0
0
$
1
0
,
0
0
8
.
0
0
$
1
5
,
0
0
0
.
0
0
$
1
5
,
0
0
0
.
0
0
$
2
,
0
2
8
.
0
0
$
2
,
0
2
8
.
0
0
$
1
5
,
0
0
0
.
0
0
$
1
5
,
0
0
0
.
0
0
$
2
1
,
5
6
3
.
0
0
$
2
1
,
5
6
3
.
0
0
$
8
,
6
1
5
.
0
0
$
8
,
6
1
5
.
0
0
$
4
Er
o
s
i
o
n
a
n
d
S
e
d
i
m
e
n
t
C
o
n
t
r
o
l
(
I
n
c
l
u
d
e
s
S
o
i
l
Tr
a
c
k
i
n
g
P
r
e
v
e
n
t
i
o
n
D
e
v
i
c
e
,
T
y
p
e
A
)
L
S
1
12
,
0
0
0
.
0
0
$
1
2
,
0
0
0
.
0
0
$
1
6
,
3
8
0
.
9
0
$
1
6
,
3
8
0
.
9
0
$
1
0
,
0
0
0
.
0
0
$
1
0
,
0
0
0
.
0
0
$
1
,
4
5
0
.
0
0
$
1
,
4
5
0
.
0
0
$
1
0
,
0
0
0
.
0
0
$
1
0
,
0
0
0
.
0
0
$
3
7
,
2
7
5
.
0
0
$
3
7
,
2
7
5
.
0
0
$
1
,
6
8
6
.
0
0
$
1
,
6
8
6
.
0
0
$
5
Cl
e
a
r
i
n
g
a
n
d
G
r
u
b
b
i
n
g
(
I
n
c
l
u
d
e
s
de
m
o
l
i
t
i
o
n
/
r
e
m
o
v
a
l
i
t
e
m
s
a
n
d
t
r
e
e
r
e
m
o
v
a
l
)
L
S
1
12
,
5
0
0
.
0
0
$
1
2
,
5
0
0
.
0
0
$
1
0
5
,
3
6
3
.
2
8
$
1
0
5
,
3
6
3
.
2
8
$
1
3
9
,
0
0
0
.
0
0
$
1
3
9
,
0
0
0
.
0
0
$
2
1
,
0
6
0
.
0
0
$
2
1
,
0
6
0
.
0
0
$
5
0
,
0
0
0
.
0
0
$
5
0
,
0
0
0
.
0
0
$
7
5
,
0
0
0
.
0
0
$
7
5
,
0
0
0
.
0
0
$
3
4
,
5
0
0
.
0
0
$
3
4
,
5
0
0
.
0
0
$
6
By
p
a
s
s
S
y
s
t
e
m
-
M
a
i
n
t
e
n
a
n
c
e
o
f
D
r
a
i
n
a
g
e
Ch
a
n
n
e
l
LS
1
25
,
0
0
0
.
0
0
$
2
5
,
0
0
0
.
0
0
$
4
7
,
6
9
8
.
6
0
$
4
7
,
6
9
8
.
6
0
$
1
5
0
,
0
0
0
.
0
0
$
1
5
0
,
0
0
0
.
0
0
$
7
,
2
0
0
.
0
0
$
7
,
2
0
0
.
0
0
$
1
3
5
,
0
0
0
.
0
0
$
1
3
5
,
0
0
0
.
0
0
$
1
3
2
,
0
0
0
.
0
0
$
1
3
2
,
0
0
0
.
0
0
$
1
1
9
,
5
0
0
.
0
0
$
1
1
9
,
5
0
0
.
0
0
$
7
R
e
m
o
v
e
a
n
d
R
e
p
l
a
c
e
U
n
s
u
i
t
a
b
l
e
M
a
t
e
r
i
a
l
C
Y
3
5
0
40
.
0
0
$
1
4
,
0
0
0
.
0
0
$
2
0
.
2
3
$
7
,
0
8
0
.
5
0
$
3
0
.
0
0
$
1
0
,
5
0
0
.
0
0
$
2
5
.
0
0
$
8
,
7
5
0
.
0
0
$
5
0
.
0
0
$
1
7
,
5
0
0
.
0
0
$
3
7
.
5
0
$
1
3
,
1
2
5
.
0
0
$
1
6
.
7
5
$
5
,
8
6
2
.
5
0
$
8
E
a
r
t
h
w
o
r
k
(
E
x
c
a
v
a
t
i
o
n
,
F
i
l
l
a
n
d
F
i
n
i
s
h
e
d
G
r
a
d
i
n
g
)
C
Y
9
,
1
7
8
6.
2
5
$
5
7
,
3
6
2
.
5
0
$
1
2
.
3
3
$
1
1
3
,
1
6
4
.
7
4
$
8
.
0
0
$
7
3
,
4
2
4
.
0
0
$
5
.
0
0
$
4
5
,
8
9
0
.
0
0
$
1
5
.
0
0
$
1
3
7
,
6
7
0
.
0
0
$
1
1
.
2
5
$
1
0
3
,
2
5
2
.
5
0
$
2
.
9
5
$
2
7
,
0
7
5
.
1
0
$
9
G
a
b
i
o
n
(
G
a
b
i
o
n
M
a
t
t
r
e
s
s
,
G
a
b
i
o
n
B
a
s
k
e
t
)
C
Y
5
,
6
5
8
18
5
.
5
7
7
9
$
1
,
0
5
0
,
0
0
0
.
0
0
$
1
3
3
.
0
1
$
7
5
2
,
5
7
0
.
5
8
$
1
5
0
.
0
0
$
8
4
8
,
7
0
0
.
0
0
$
1
6
0
.
0
0
$
9
0
5
,
2
8
0
.
0
0
$
1
4
9
.
0
0
$
8
4
3
,
0
4
2
.
0
0
$
2
7
0
.
0
0
$
1
,
5
2
7
,
6
6
0
.
0
0
$
1
6
1
.
0
0
$
9
1
0
,
9
3
8
.
0
0
$
10
G
e
o
t
e
x
t
i
l
e
F
a
b
r
i
c
f
o
r
G
a
b
i
o
n
s
-
F
u
r
n
i
s
h
a
n
d
I
n
s
t
a
l
l
S
Y
5
,
2
7
7
2.
7
0
$
1
4
,
2
4
7
.
9
0
$
0
.
9
5
$
5
,
0
1
3
.
1
5
$
1
.
0
0
$
5
,
2
7
7
.
0
0
$
4
.
0
0
$
2
1
,
1
0
8
.
0
0
$
1
.
0
0
$
5
,
2
7
7
.
0
0
$
1
.
6
5
$
8
,
7
0
7
.
0
5
$
2
.
1
5
$
1
1
,
3
4
5
.
5
5
$
11
4
'
x
8
'
D
o
u
b
l
e
B
a
r
r
e
l
C
o
n
c
r
e
t
e
B
o
x
C
u
l
v
e
r
t
L
F
6
0
83
5
.
0
0
$
5
0
,
1
0
0
.
0
0
$
1
,
2
7
5
.
1
6
$
7
6
,
5
0
9
.
6
0
$
3
,
9
0
0
.
0
0
$
2
3
4
,
0
0
0
.
0
0
$
1
,
3
5
0
.
0
0
$
8
1
,
0
0
0
.
0
0
$
1
,
6
0
0
.
0
0
$
9
6
,
0
0
0
.
0
0
$
4
,
2
1
5
.
0
0
$
2
5
2
,
9
0
0
.
0
0
$
1
,
7
8
0
.
0
0
$
1
0
6
,
8
0
0
.
0
0
$
12
5
'
x
9
'
S
i
n
g
l
e
B
a
r
r
e
l
C
o
n
c
r
e
t
e
B
o
x
C
u
l
v
e
r
t
L
F
6
2
1,
3
5
0
.
0
0
$
8
3
,
7
0
0
.
0
0
$
7
2
8
.
2
9
$
4
5
,
1
5
3
.
9
8
$
2
,
9
0
0
.
0
0
$
1
7
9
,
8
0
0
.
0
0
$
8
7
1
.
0
0
$
5
4
,
0
0
2
.
0
0
$
8
5
0
.
0
0
$
5
2
,
7
0
0
.
0
0
$
2
,
0
8
5
.
0
0
$
1
2
9
,
2
7
0
.
0
0
$
1
,
1
6
6
.
0
0
$
7
2
,
2
9
2
.
0
0
$
13
C
o
n
c
r
e
t
e
H
e
a
d
w
a
l
l
,
F
D
O
T
I
n
d
e
x
2
5
0
E
A
1
2,
6
0
0
.
0
0
$
2
,
6
0
0
.
0
0
$
1
,
8
6
0
.
3
5
$
1
,
8
6
0
.
3
5
$
2
,
5
0
0
.
0
0
$
2
,
5
0
0
.
0
0
$
1
,
8
3
3
.
0
0
$
1
,
8
3
3
.
0
0
$
3
0
,
0
0
0
.
0
0
$
3
0
,
0
0
0
.
0
0
$
3
,
6
0
0
.
0
0
$
3
,
6
0
0
.
0
0
$
1
,
3
7
0
.
0
0
$
1
,
3
7
0
.
0
0
$
14
T
y
p
e
"
F
"
D
i
t
c
h
B
o
t
t
o
m
I
n
l
e
t
E
A
2
3,
2
5
0
.
0
0
$
6
,
5
0
0
.
0
0
$
2
,
7
8
3
.
4
3
$
5
,
5
6
6
.
8
6
$
3
,
5
0
0
.
0
0
$
7
,
0
0
0
.
0
0
$
2
,
8
6
0
.
0
0
$
5
,
7
2
0
.
0
0
$
3
,
5
0
0
.
0
0
$
7
,
0
0
0
.
0
0
$
5
,
2
5
0
.
0
0
$
1
0
,
5
0
0
.
0
0
$
2
,
8
7
0
.
0
0
$
5
,
7
4
0
.
0
0
$
15
1
9
"
x
3
0
"
E
R
C
P
LF
2
6
10
0
.
0
0
$
2
,
6
0
0
.
0
0
$
5
6
.
2
8
$
1
,
4
6
3
.
2
8
$
1
2
5
.
0
0
$
3
,
2
5
0
.
0
0
$
6
7
.
0
0
$
1
,
7
4
2
.
0
0
$
8
0
.
0
0
$
2
,
0
8
0
.
0
0
$
1
1
2
.
5
0
$
2
,
9
2
5
.
0
0
$
8
2
.
0
0
$
2
,
1
3
2
.
0
0
$
16
1
8
"
R
C
P
C
u
l
v
e
r
t
LF
1
0
70
.
0
0
$
7
0
0
.
0
0
$
3
2
.
8
6
$
3
2
8
.
6
0
$
1
0
0
.
0
0
$
1
,
0
0
0
.
0
0
$
4
5
.
0
0
$
4
5
0
.
0
0
$
4
0
.
0
0
$
4
0
0
.
0
0
$
1
5
0
.
0
0
$
1
,
5
0
0
.
0
0
$
6
9
.
8
0
$
6
9
8
.
0
0
$
17
2
4
"
R
C
P
C
u
l
v
e
r
t
LF
2
1
80
.
0
0
$
1
,
6
8
0
.
0
0
$
4
3
.
7
1
$
9
1
7
.
9
1
$
1
0
0
.
0
0
$
2
,
1
0
0
.
0
0
$
6
4
.
0
0
$
1
,
3
4
4
.
0
0
$
5
5
.
0
0
$
1
,
1
5
5
.
0
0
$
9
2
.
8
5
$
1
,
9
4
9
.
8
5
$
7
0
.
4
0
$
1
,
4
7
8
.
4
0
$
18
3
6
"
R
C
P
C
u
l
v
e
r
t
LF
1
9
13
5
.
0
0
$
2
,
5
6
5
.
0
0
$
6
8
.
3
4
$
1
,
2
9
8
.
4
6
$
1
2
5
.
0
0
$
2
,
3
7
5
.
0
0
$
1
0
8
.
0
0
$
2
,
0
5
2
.
0
0
$
7
5
.
0
0
$
1
,
4
2
5
.
0
0
$
1
4
2
.
5
3
$
2
,
7
0
8
.
0
7
$
1
0
7
.
0
0
$
2
,
0
3
3
.
0
0
$
19
2
4
"
t
o
3
6
”
P
i
p
e
T
h
r
o
u
g
h
G
a
b
i
o
n
E
A
2
52
5
.
0
0
$
1
,
0
5
0
.
0
0
$
2
4
7
.
3
6
$
4
9
4
.
7
2
$
3
0
0
.
0
0
$
6
0
0
.
0
0
$
1
,
1
0
3
.
0
0
$
2
,
2
0
6
.
0
0
$
1
,
5
0
0
.
0
0
$
3
,
0
0
0
.
0
0
$
1
,
2
0
0
.
0
0
$
2
,
4
0
0
.
0
0
$
7
3
7
.
0
0
$
1
,
4
7
4
.
0
0
$
20
1
2
"
t
o
2
4
”
P
i
p
e
T
h
r
o
u
g
h
G
a
b
i
o
n
E
A
2
45
0
.
0
0
$
9
0
0
.
0
0
$
2
4
7
.
3
6
$
4
9
4
.
7
2
$
2
5
0
.
0
0
$
8
4
4
.
0
0
$
1
,
6
8
8
.
0
0
$
1
,
5
0
0
.
0
0
$
3
,
0
0
0
.
0
0
$
1
,
0
5
0
.
0
0
$
2
,
1
0
0
.
0
0
$
7
0
9
.
0
0
$
1
,
4
1
8
.
0
0
$
21
4"
P
V
C
R
o
o
f
D
r
a
i
n
T
h
r
o
u
g
h
G
a
b
i
o
n
,
I
n
c
l
u
d
i
n
g
Ma
n
i
f
o
l
d
i
n
g
EA
1
4
62
.
0
0
$
8
6
8
.
0
0
$
1
3
8
.
4
0
$
1
,
9
3
7
.
6
0
$
3
0
0
.
0
0
$
4
,
2
0
0
.
0
0
$
3
1
6
.
0
0
$
4
,
4
2
4
.
0
0
$
1
2
5
.
0
0
$
1
,
7
5
0
.
0
0
$
3
7
5
.
0
0
$
5
,
2
5
0
.
0
0
$
3
2
4
.
0
0
$
4
,
5
3
6
.
0
0
$
22
6"
P
V
C
R
o
o
f
D
r
a
i
n
T
h
r
o
u
g
h
G
a
b
i
o
n
,
I
n
c
l
u
d
i
n
g
Ma
n
i
f
o
l
d
i
n
g
EA
1
1
75
.
0
0
$
8
2
5
.
0
0
$
1
5
0
.
1
7
$
1
,
6
5
1
.
8
7
$
3
0
0
.
0
0
$
3
,
3
0
0
.
0
0
$
3
6
0
.
0
0
$
3
,
9
6
0
.
0
0
$
1
5
0
.
0
0
$
1
,
6
5
0
.
0
0
$
4
5
0
.
0
0
$
4
,
9
5
0
.
0
0
$
3
4
8
.
0
0
$
3
,
8
2
8
.
0
0
$
23
6
"
P
V
C
S
t
o
r
m
P
i
p
e
L
F
2
7
18
.
0
0
$
4
8
6
.
0
0
$
1
2
.
2
0
$
3
2
9
.
4
0
$
2
6
.
0
0
$
7
0
2
.
0
0
$
1
9
.
0
0
$
5
1
3
.
0
0
$
3
0
.
0
0
$
8
1
0
.
0
0
$
2
2
.
5
2
$
6
0
8
.
0
4
$
1
5
.
1
5
$
4
0
9
.
0
5
$
24
T
u
r
b
i
d
i
t
y
B
a
r
r
i
e
r
F
l
o
a
t
i
n
g
(
M
u
l
t
i
p
l
e
U
s
e
)
L
F
1
0
0
8.
0
0
$
8
0
0
.
0
0
$
7
.
8
8
$
7
8
8
.
0
0
$
3
0
.
0
0
$
3
,
0
0
0
.
0
0
$
1
2
.
0
0
$
1
,
2
0
0
.
0
0
$
6
.
0
0
$
6
0
0
.
0
0
$
2
4
.
0
0
$
2
,
4
0
0
.
0
0
$
1
0
.
0
0
$
1
,
0
0
0
.
0
0
$
25
S
i
l
t
F
e
n
c
e
LF
4
,
5
0
0
1.
3
0
$
5
,
8
5
0
.
0
0
$
1
.
7
0
$
7
,
6
5
0
.
0
0
$
0
.
9
0
$
4
,
0
5
0
.
0
0
$
1
.
0
0
$
4
,
5
0
0
.
0
0
$
1
.
1
5
$
5
,
1
7
5
.
0
0
$
2
.
3
3
$
1
0
,
4
8
5
.
0
0
$
1
.
5
5
$
6
,
9
7
5
.
0
0
$
26
S
o
d
SF
3
8
,
4
3
0
0.
3
5
$
1
3
,
3
1
6
.
0
0
$
0
.
3
0
$
1
1
,
5
2
9
.
0
0
$
0
.
3
0
$
1
1
,
5
2
9
.
0
0
$
0
.
4
0
$
1
5
,
3
7
2
.
0
0
$
0
.
2
5
$
9
,
6
0
7
.
5
0
$
0
.
3
3
$
1
2
,
6
8
1
.
9
0
$
3
.
1
0
$
1
1
9
,
1
3
3
.
0
0
$
27
G
u
a
r
d
R
a
i
l
R
e
m
o
v
a
l
a
n
d
R
e
p
l
a
c
e
m
e
n
t
L
F
1
7
0
43
.
0
0
$
7
,
3
1
0
.
0
0
$
4
1
.
9
8
$
7
,
1
3
6
.
6
0
$
1
1
5
.
0
0
$
1
9
,
5
5
0
.
0
0
$
5
2
.
0
0
$
8
,
8
4
0
.
0
0
$
6
5
.
0
0
$
1
1
,
0
5
0
.
0
0
$
7
5
.
0
0
$
1
2
,
7
5
0
.
0
0
$
7
.
6
5
$
1
,
3
0
0
.
5
0
$
28
P
e
d
e
s
t
r
i
a
n
H
a
n
d
R
a
i
l
w
/
B
i
c
y
c
l
e
R
a
i
l
L
F
4
8
75
.
0
0
$
3
,
6
0
0
.
0
0
$
4
6
.
0
0
$
2
,
2
0
8
.
0
0
$
1
2
0
.
0
0
$
5
,
7
6
0
.
0
0
$
4
8
.
0
0
$
2
,
3
0
4
.
0
0
$
8
7
.
0
0
$
4
,
1
7
6
.
0
0
$
2
2
5
.
0
0
$
1
0
,
8
0
0
.
0
0
$
6
0
.
0
0
$
2
,
8
8
0
.
0
0
$
29
As
p
h
a
l
t
P
a
v
e
m
e
n
t
R
e
m
o
v
a
l
a
n
d
R
e
p
l
a
c
e
m
e
n
t
,
1
-
1/
2
"
T
y
p
e
S
-
I
I
I
SY
1
8
9
25
.
0
0
$
4
,
7
2
5
.
0
0
$
3
2
.
9
6
$
6
,
2
2
9
.
4
4
$
1
0
0
.
0
0
$
1
8
,
9
0
0
.
0
0
$
2
2
.
0
0
$
4
,
1
5
8
.
0
0
$
4
5
.
0
0
$
8
,
5
0
5
.
0
0
$
1
6
.
5
0
$
3
,
1
1
8
.
5
0
$
7
4
.
0
0
$
1
3
,
9
8
6
.
0
0
$
30
L
i
m
e
r
o
c
k
B
a
s
e
R
e
p
l
a
c
e
m
e
n
t
,
8
"
S
Y
4
0
3
14
.
0
0
$
5
,
6
4
2
.
0
0
$
1
5
.
6
3
$
6
,
2
9
8
.
8
9
$
2
1
.
0
0
$
8
,
4
6
3
.
0
0
$
2
4
.
0
0
$
9
,
6
7
2
.
0
0
$
1
5
.
0
0
$
6
,
0
4
5
.
0
0
$
2
4
.
7
5
$
9
,
9
7
4
.
2
5
$
9
.
7
5
$
3
,
9
2
9
.
2
5
$
31
M
i
l
l
i
n
g
a
n
d
A
s
p
h
a
l
t
O
v
e
r
l
a
y
,
1
"
T
y
p
e
S
-
I
I
I
S
Y
3
2
0
18
.
0
0
$
5
,
7
6
0
.
0
0
$
3
0
.
8
2
$
9
,
8
6
2
.
4
0
$
7
5
.
0
0
$
2
4
,
0
0
0
.
0
0
$
2
7
.
0
0
$
8
,
6
4
0
.
0
0
$
4
0
.
0
0
$
1
2
,
8
0
0
.
0
0
$
3
0
.
0
0
$
9
,
6
0
0
.
0
0
$
4
5
.
0
0
$
1
4
,
4
0
0
.
0
0
$
32
R
e
m
o
v
e
a
n
d
R
e
p
l
a
c
e
C
o
n
c
r
e
t
e
S
i
d
e
w
a
l
k
S
Y
5
1
60
.
0
0
$
3
,
0
6
0
.
0
0
$
4
2
.
7
5
$
2
,
1
8
0
.
2
5
$
1
5
0
.
0
0
$
7
,
6
5
0
.
0
0
$
6
4
.
0
0
$
3
,
2
6
4
.
0
0
$
4
0
.
0
0
$
2
,
0
4
0
.
0
0
$
9
0
.
0
0
$
4
,
5
9
0
.
0
0
$
4
6
.
5
0
$
2
,
3
7
1
.
5
0
$
33
R
e
m
o
v
e
a
n
d
R
e
p
l
a
c
e
C
o
n
c
r
e
t
e
V
a
l
l
e
y
G
u
t
t
e
r
L
F
8
2
28
.
0
0
$
2
,
2
9
6
.
0
0
$
3
1
.
0
1
$
2
,
5
4
2
.
8
2
$
5
0
.
0
0
$
4
,
1
0
0
.
0
0
$
4
0
.
0
0
$
3
,
2
8
0
.
0
0
$
6
0
.
0
0
$
4
,
9
2
0
.
0
0
$
5
2
.
5
0
$
4
,
3
0
5
.
0
0
$
2
7
.
6
0
$
2
,
2
6
3
.
2
0
$
34
M
i
s
c
e
l
l
a
n
e
o
u
s
C
o
n
c
r
e
t
e
C
Y
2
0
16
0
.
0
0
$
3
,
2
0
0
.
0
0
$
4
8
2
.
8
9
$
9
,
6
5
7
.
8
0
$
1
8
0
.
0
0
$
3
,
6
0
0
.
0
0
$
4
2
5
.
0
0
$
8
,
5
0
0
.
0
0
$
5
0
0
.
0
0
$
1
0
,
0
0
0
.
0
0
$
6
0
0
.
0
0
$
1
2
,
0
0
0
.
0
0
$
6
6
0
.
0
0
$
1
3
,
2
0
0
.
0
0
$
Su
b
t
o
t
a
l
S
t
o
r
m
w
a
t
e
r
I
t
e
m
s
1
-
3
4
1,
4
8
6
,
7
4
3
.
3
9
$
1
,
3
1
5
,
4
8
7
.
4
0
$
2
,
0
5
2
,
9
2
9
.
0
0
$
1,
2
5
8
,
6
8
0
.
0
0
$
1,
6
3
4
,
3
7
7
.
5
0
$
2,
7
9
5
,
9
4
8
.
1
6
$
1,
6
2
3
,
2
6
9
.
0
5
$
35
10
%
S
t
o
r
m
w
a
t
e
r
C
o
n
t
i
n
g
e
n
c
y
14
8
,
6
7
4
.
3
4
$
1
4
8
,
6
7
4
.
3
4
$
1
3
1
,
5
4
8
.
7
4
$
1
3
1
,
5
4
8
.
7
4
$
2
0
5
,
3
4
2
.
9
0
$
2
0
5
,
2
9
2
.
9
0
$
1
2
5
,
8
6
8
.
0
0
$
16
3
,
4
3
7
.
7
5
$
27
9
,
5
9
4
.
8
2
$
16
2
,
3
2
6
.
9
1
$
To
t
a
l
S
t
o
r
m
w
a
t
e
r
I
t
e
m
s
1
-
3
5
1,
6
3
5
,
4
1
7
.
7
3
$
1
,
4
4
7
,
0
3
6
.
1
4
$
2
,
2
5
8
,
2
2
1
.
9
0
$
1,
3
8
4
,
5
4
8
.
0
0
$
1,
7
9
7
,
8
1
5
.
2
5
$
3,
0
7
5
,
5
4
2
.
9
8
$
1,
7
8
5
,
5
9
5
.
9
6
$
UT
I
L
I
T
I
E
S
36
8"
D
u
c
t
i
l
e
I
r
o
n
P
i
p
e
P
o
t
a
b
l
e
W
a
t
e
r
M
a
i
n
Re
p
l
a
c
e
m
e
n
t
LF
1
1
8
67
.
0
0
$
7
,
9
0
6
.
0
0
$
7
3
.
7
4
$
8
,
7
0
1
.
3
2
$
1
0
0
.
0
0
$
1
1
,
8
0
0
.
0
0
$
5
4
6
,
3
7
2
.
0
0
$
8
5
1
0
,
0
3
0
.
0
0
$
9
7
.
5
1
1
,
5
0
5
.
0
0
$
9
0
1
0
,
6
2
0
.
0
0
$
37
1
6
"
S
t
e
e
l
C
a
s
i
n
g
f
o
r
8
"
P
o
t
a
b
l
e
W
a
t
e
r
M
a
i
n
L
F
6
2
76
.
0
0
$
4
,
7
1
2
.
0
0
$
5
5
.
2
8
$
3
,
4
2
7
.
3
6
$
1
0
0
.
0
0
$
6
,
2
0
0
.
0
0
$
6
9
4
,
2
7
8
.
0
0
$
1
4
0
8
,
6
8
0
.
0
0
$
1
1
7
7
,
2
5
4
.
0
0
$
7
1
4
,
4
0
2
.
0
0
$
38
8
"
G
a
t
e
V
a
l
v
e
w
/
B
o
x
a
n
d
P
a
d
E
A
4
1,
6
0
0
.
0
0
$
6
,
4
0
0
.
0
0
$
1
,
2
1
5
.
4
2
$
4
,
8
6
1
.
6
8
$
1
,
0
0
0
.
0
0
$
4
,
0
0
0
.
0
0
$
1
4
2
5
5
,
7
0
0
.
0
0
$
2
5
0
0
1
0
,
0
0
0
.
0
0
$
1
8
0
0
7
,
2
0
0
.
0
0
$
1
4
1
5
5
,
6
6
0
.
0
0
$
Su
b
t
o
t
a
l
W
a
t
e
r
I
t
e
m
s
3
6
-
3
8
19
,
0
1
8
.
0
0
$
1
6
,
9
9
0
.
3
6
$
2
2
,
0
0
0
.
0
0
$
1
6
,
3
5
0
.
0
0
$
28
,
7
1
0
.
0
0
$
25
,
9
5
9
.
0
0
$
20
,
6
8
2
.
0
0
$
39
10
%
W
a
t
e
r
C
o
n
t
i
n
g
e
n
c
y
1,
9
0
1
.
8
0
$
1
,
9
0
1
.
8
0
$
1
,
6
9
9
.
0
4
$
1
,
6
9
9
.
0
4
$
2
,
2
0
0
.
0
0
$
2
,
2
0
0
.
0
0
$
1
,
6
3
5
.
0
0
$
2,
8
7
1
.
0
0
$
2,
5
9
5
.
9
0
$
2,
0
6
8
.
2
0
$
To
t
a
l
W
a
t
e
r
I
t
e
m
s
3
6
-
3
9
20
,
9
1
9
.
8
0
$
1
8
,
6
8
9
.
4
0
$
2
4
,
2
0
0
.
0
0
$
1
7
,
9
8
5
.
0
0
$
31
,
5
8
1
.
0
0
$
28
,
5
5
4
.
9
0
$
22
,
7
5
0
.
2
0
$
S
A
N
I
T
A
R
Y
S
E
W
E
R
40
12
"
D
u
c
t
i
l
e
I
r
o
n
P
i
p
e
S
a
n
i
t
a
r
y
S
e
w
e
r
,
i
n
2
4
”
S
t
e
e
l
Ca
s
i
n
g
w
i
t
h
P
i
p
e
P
r
o
t
e
c
t
i
o
n
L
F
9
9
19
7
.
0
0
$
1
9
,
5
0
3
.
0
0
$
4
2
3
.
6
0
$
4
1
,
9
3
6
.
4
0
$
4
5
0
.
0
0
$
4
4
,
5
5
0
.
0
0
$
2
0
1
1
9
,
8
9
9
.
0
0
$
1
0
0
9
,
9
0
0
.
0
0
$
8
5
5
8
4
,
6
4
5
.
0
0
$
4
4
7
4
4
,
2
5
3
.
0
0
$
41
S
a
n
i
t
a
r
y
M
a
n
h
o
l
e
,
1
0
F
t
.
t
o
1
4
F
t
.
D
e
e
p
w
/
D
r
o
p
E
A
1
9,
6
0
0
.
0
0
$
9
,
6
0
0
.
0
0
$
7
,
3
5
5
.
9
2
$
7
,
3
5
5
.
9
2
$
1
0
,
0
0
0
.
0
0
$
1
0
,
0
0
0
.
0
0
$
7
1
0
1
7
,
1
0
1
.
0
0
$
6
0
0
0
6
,
0
0
0
.
0
0
$
9
7
5
0
9
,
7
5
0
.
0
0
$
9
5
5
0
9
,
5
5
0
.
0
0
$
Su
b
t
o
t
a
l
S
a
n
i
t
a
r
y
S
e
w
e
r
I
t
e
m
s
4
0
-
4
1
29
,
1
0
3
.
0
0
$
4
9
,
2
9
2
.
3
2
$
5
4
,
5
5
0
.
0
0
$
2
7
,
0
0
0
.
0
0
$
15
,
9
0
0
.
0
0
$
94
,
3
9
5
.
0
0
$
53
,
8
0
3
.
0
0
$
42
1
0
%
S
a
n
i
t
a
r
y
S
e
w
e
r
C
o
n
t
i
n
g
e
n
c
y
2,
9
1
0
.
3
0
$
2
,
9
1
0
.
3
0
$
4
,
9
2
9
.
2
3
$
4
,
9
2
9
.
2
3
$
5
,
4
5
5
.
0
0
$
5
,
4
5
5
.
0
0
$
2
,
7
0
0
.
0
0
$
1,
5
9
0
.
0
0
$
9,
4
3
9
.
5
0
$
5,
3
8
0
.
3
0
$
To
t
a
l
S
a
n
i
t
a
r
y
S
e
w
e
r
I
t
e
m
s
4
0
-
4
2
32
,
0
1
3
.
3
0
$
5
4
,
2
2
1
.
5
5
$
6
0
,
0
0
5
.
0
0
$
2
9
,
7
0
0
.
0
0
$
17
,
4
9
0
.
0
0
$
1
0
3
,
8
3
4
.
5
0
$
59
,
1
8
3
.
3
0
$
SU
B
-
T
O
T
A
L
I
T
E
M
S
1
-
3
4
,
3
6
-
3
8
,
&
4
0
-
4
1
1,
5
3
4
,
8
6
4
.
3
9
$
1
,
3
8
1
,
7
7
0
.
0
8
$
2
,
1
2
9
,
4
7
9
.
0
0
$
1,
3
0
2
,
0
3
0
.
0
0
$
1,
6
7
8
,
9
8
7
.
5
0
$
2,
9
1
6
,
3
0
2
.
1
6
$
1,
6
9
7
,
7
5
4
.
0
5
$
10
%
C
O
N
T
I
N
G
E
N
C
Y
I
T
E
M
S
3
5
,
3
9
&
4
2
15
3
,
4
8
6
.
4
4
$
1
3
8
,
1
7
7
.
0
1
$
2
1
2
,
9
4
7
.
9
0
$
1
3
0
,
2
0
3
.
0
0
$
16
7
,
8
9
8
.
7
5
$
29
1
,
6
3
0
.
2
2
$
16
9
,
7
7
5
.
4
1
$
TO
T
A
L
C
O
N
S
T
R
U
C
T
I
O
N
C
O
S
T
(
I
T
E
M
S
1
-
4
2
)
1,
6
8
8
,
3
5
0
.
8
3
$
1
,
5
1
9
,
9
4
7
.
0
9
$
2
,
3
4
2
,
4
2
6
.
9
0
$
1,
4
3
2
,
2
3
3
.
0
0
$
1,
8
4
6
,
8
8
6
.
2
5
$
3,
2
0
7
,
9
3
2
.
3
8
$
1,
8
6
7
,
5
2
9
.
4
6
$
KE
Y
S
T
O
N
E
E
X
C
A
V
A
T
O
R
S
37
1
S
C
A
R
L
E
T
B
L
V
D
.
OL
D
S
M
A
R
,
F
L
.
3
4
6
7
7
WE
S
T
R
A
C
O
N
S
T
R
U
C
T
I
O
N
12
6
3
1
2
T
H
A
V
E
N
U
E
E
PA
L
M
E
T
T
O
,
F
L
.
3
4
2
2
1
AL
L
I
G
A
T
O
R
C
R
E
E
K
-
C
H
A
N
N
E
L
F
-
I
M
P
R
O
V
E
M
E
N
T
S
(
0
3
-
0
0
2
8
-
E
N
)
BI
D
O
P
E
N
I
N
G
-
W
E
D
N
E
S
D
A
Y
,
J
U
L
Y
1
7
,
2
0
0
9
A
W
A
R
D
-
T
H
U
R
S
D
A
Y
,
A
U
G
U
S
T
4
,
2
0
0
9
OK
L
A
W
A
H
A
F
A
R
M
S
,
I
N
C
.
92
0
0
S
.
D
A
D
E
L
A
N
D
B
L
V
D
.
#
7
0
5
MI
A
M
I
,
F
L
.
3
3
1
5
6
TA
M
P
A
C
O
N
T
R
A
C
T
I
N
G
S
V
C
S
11
0
1
0
U
S
H
I
G
H
W
A
Y
4
1
N
PA
L
M
E
T
T
O
,
F
L
.
3
4
2
2
1
CA
L
A
D
E
S
I
C
O
N
S
T
R
U
C
T
I
O
N
13
9
0
D
O
N
E
G
A
N
R
O
A
D
LA
R
G
O
,
F
L
.
3
3
7
7
1
CL
A
R
K
H
U
N
T
C
O
N
S
T
R
U
C
T
I
O
N
21
6
5
L
O
G
A
N
S
T
R
E
E
T
CL
E
A
R
W
A
T
E
R
,
F
L
.
3
3
7
6
5
GI
B
B
S
&
R
E
G
I
S
T
E
R
23
2
S
.
D
I
L
L
A
R
D
S
T
R
E
E
T
WI
N
T
E
R
G
A
R
D
E
N
,
F
L
.
3
4
7
8
7
Attachment number 3
Page 1 of 2
Attachment number 3
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Ratify and confirm supplement work order 4 to Wade-Trim, Engineer-of-Record, in the amount of $78,810.00 for various additional
services provided throughout the course of the Downtown Boat Slip project and authorize the appropriate officials to execute same.
(consent)
SUMMARY:
The original boat slip work order was approved in March 2006, in the amount of $258,426.00. Work efforts included: preparation of
conceptual plans; meetings with FDOT and environmental permitting agencies; review of legal issues; boundary, bathymetric and
seagrass surveys; wind and wave study; cost estimate; and project renderings. This work was all in preparation for the referendum.
Supplemental work order 1 was preapproved by City Council March 16, 2006 in the amount of $61,870.00. Work efforts consisted of
preparation of a design criteria package to advertise for a design-build company, including assistance in review and ranking of the
design-build proposals and award of contract.
Supplemental work order 2 was approved by City Council October 17, 2007 in the amount of $51,847.00. Work efforts included
preparation and submittal of environmental permit applications.
Supplemental work order 3 was approved in April 27, 2009 in the amount of $36,900.00. Work efforts consisted of additional
environmental permit coordination; modification of upland water and electric services based on design-build contract negotiations; and
assistance with FDEP submerged lands lease submittal.
As the project is now moving into the construction phase Wade Trim has conducted an in-depth review of their work effort throughout
the life of the project and determined that they have spent significant time assisting the City with many various tasks that were not
included in the previous work orders. City staff and Wade Trim have spent the last few months negotiating what staff considered to be
legitimate additional services, with this work order being the end result. The major additional out of scope services include: assistance
with grant documentation; coordination of upland utility services with construction of the Promenade and to serve the fishing pier;
additional grading and stormwater improvements in the vicinity of the dockmaster building; environmental permit fees; design build
contract administration and responses to RFI’s; and attendance at multiple additional in-house and agency meetings throughout the
entire process.
Sufficient budget and revenue is available in Capital Improvement Program project 0315-93405, Downtown Boat Slips.
Type:Capital expenditure
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
Current Year Cost:$78,810.00 Annual Operating Cost:
Not to Exceed:$78,810.00 Total Cost:$78,810.00
For Fiscal Year:2008 to 2009
Appropriation Code Amount Appropriation Comment
0315-93405-561000-575-
000-0000
$78,810.00See summary
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
Attachment number 1
Page 1 of 4
Attachment number 1
Page 2 of 4
Attachment number 1
Page 3 of 4
Attachment number 1
Page 4 of 4
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Authorize the City to enter into an agreement with CSX Transportation, Inc., for installation of a raw water main in the CSX right-of-
way as part of the Water Treatment Plants 1 and 3 Wellfield Expansion Project Phase II-Raw Water Mains; and approve Pipeline
Crossing Agreement CSX-632023, authorize the appropriate officials to execute same and adopt Resolution 09-30.
SUMMARY:
As part of the Water Treatment Plants 1 and 3 Wellfield Expansion Project Phase II-Raw Water Mains, the City needs to construct
one (1) 8” raw water main crossing the CSX right-of-way.
CSX requires an Agreement to cover the costs of the encroachment, construction risk and to establish the terms and conditions
associated with placing a pipeline underneath their railway system.
The cost to the City will be $4000 for a license fee, $150 for Coordination fee, and $1,125.00 for a construction risk fee for a total cost
of $5,275.00.
Sufficient budget and funding with 2009 Water and Sewer Revenue Bond proceeds is available in project 0376-96764, RO Plant
Expansion.
Type:Other
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$5,275.00 Annual Operating Cost:
Not to Exceed:$5,275.00 Total Cost:$5,275.00
For Fiscal Year: to
Appropriation Code Amount Appropriation Comment
0376-96764-565400-533-
000-0000
$5,275.00see summary section
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
PS - FORM 1001
REVISED APRIL 29, 2008
AGREEMENT NO. CSX632023
Page 1 of 13 ø
FACILITY ENCROACHMENT AGREEMENT
THIS AGREEMENT, Made and effective as of July 1, 2009, by and between CSX
TRANSPORTATION INC, a Virginia corporation, whose mailing address is 500 Water Street,
Jacksonville, Florida 32202, hereinafter called "Licensor," and CITY OF CLEARWATER, a
municipal corporation, political subdivision or state agency, under the laws of the State of
Florida, whose mailing address is 100 South Myrtle Avenue, Clearwater, Florida 33756,
hereinafter called "Licensee," WITNESSETH:
WHEREAS, Licensee desires to construct (unless previously constructed and designated
as existing herein), use and maintain the below described facility(ies), hereinafter called
"Facilities," over, under or across property owned or controlled by Licensor, at the below
described location(s):
1. One (1) eight inch (8'') diameter sub-grade pipeline crossing, solely for the conveyance of
raw water, located at or near Clearwater, Pinellas County, Florida, Jacksonville Division,
Clearwater Subdivision, Milepost SY-872.96,
hereinafter, collectively, called the ''Encroachment,'' as shown on print(s) labeled Exhibit "B,"
attached hereto and made a part hereof; other details and data pertaining to said Facilities being
as indicated on Exhibit "A," also attached hereto and made a part hereof;
NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms and
agreements herein contained, the parties hereto agree and covenant as follows:
1. LICENSE:
1.1 Subject to Article 17, Licensor, insofar as it has the legal right, power and
authority to do so, and its present title permits, and subject to:
(A) Licensor's present and future right to occupy, possess and use its
property within the area of the Encroachment for any and all purposes;
(B) All encumbrances, conditions, covenants, easements, and limitations
applicable to Licensor's title to or rights in the subject property; and
(C) Compliance by Licensee with the terms and conditions herein
contained;
does hereby license and permit Licensee to construct, maintain, repair, renew, operate, use, alter
or change the Facilities at the Encroachment above for the term herein stated, and to remove
same upon termination.
1.2 The term Facilities, as used herein, shall include only those structures and
ancillary facilities devoted exclusively to the transmission usage above within the Encroachment,
and as shown on attached Facility Application Form and plan(s).
Attachment number 1
Page 1 of 13
PS - FORM 1001
REVISED APRIL 29, 2008
AGREEMENT NO. CSX632023
Page 2 of 13 ø
1.3 No additional structures or other facilities shall be placed, allowed, or
maintained by Licensee in, upon or on the Encroachment except upon prior separate written
consent of Licensor.
2. ENCROACHMENT FEE; TERM:
2.1 Licensee shall pay Licensor a one-time nonrefundable Encroachment Fee of
FOUR THOUSAND AND 00/100 U.S. DOLLARS ($4,000.00) upon execution of this
Agreement. Licensee agrees that the Encroachment Fee applies only to the original Licensee
under this Agreement. In the event of a successor (by merger, consolidation, reorganization
and/or assignment) or if the original Licensee changes its name, then Licensee shall be subject to
payment of Licensor's current administrative and document preparation fees for the cost incurred
by Licensor in preparing and maintaining this Agreement on a current basis.
2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or
reimburse Licensor), any additional annual taxes and/or periodic assessments levied against
Licensor or Licensor's property solely on account of said Facilities or Encroachment.
2.3 This Agreement shall terminate as herein provided, but shall also terminate
upon: (a) Licensee's cessation of use of the Facilities or Encroachment for the purpose(s) above;
(b) removal of the Facilities; (c) subsequent mutual consent; and/or (d) failure of Licensee to
complete installation within five (5) years from the effective date of this Agreement.
2.4 In further consideration for the license or right hereby granted, Licensee
hereby agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part
of the cost of the installation of said Facilities and appurtenances, and/or maintenance thereof, or
for any public works project of which said Facilities is a part.
3. CONSTRUCTION, MAINTENANCE AND REPAIRS:
3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove
the Facilities, in a prudent, workmanlike manner, using quality materials and complying with any
applicable standard(s) or regulation(s) of Licensor (A.R.E.M.A. Specifications), or Licensee's
particular industry, National Electrical Safety Code, or any governmental or regulatory body
having jurisdiction over the Encroachment.
3.2 Location and construction of Facilities shall be made strictly in accordance
with design(s) and specifications furnished to and approved by Licensor and of material(s) and
size(s) appropriate for the purpose(s) above recited.
3.3 All of Licensee's work, and exercise of rights hereunder, shall be undertaken at
time(s) satisfactory to Licensor, and so as to eliminate or minimize any impact on or interference
with the safe use and operation of Licensor's property and appurtenances thereto.
Attachment number 1
Page 2 of 13
PS - FORM 1001
REVISED APRIL 29, 2008
AGREEMENT NO. CSX632023
Page 3 of 13 ø
3.4 In the installation, maintenance, repair and/or removal of said Facilities,
Licensee shall not use explosives of any type or perform or cause any blasting without the
separate express written consent of Licensor. As a condition to such consent, a representative
will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the
entire cost and/or expense of furnishing said monitor.
3.5 Any repairs or maintenance to the Facilities, whether resulting from acts of
Licensee, or natural or weather events, which are necessary to protect or facilitate Licensor's use
of its property, shall be made by Licensee promptly, but in no event later than thirty (30) days
after Licensee has notice as to the need for such repairs or maintenance.
3.6 Licensor, in order to protect or safeguard its property, rail operations,
equipment and/or employees from damage or injury, may request immediate repair or renewal of
the Facilities, and if the same is not performed, may make or contract to make such repairs or
renewals, at the sole risk, cost and expense of Licensee.
3.7 Neither the failure of Licensor to object to any work done, material used, or
method of construction or maintenance of said Encroachment, nor any approval given or
supervision exercised by Licensor, shall be construed as an admission of liability or
responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or
responsibility of Licensee under this Agreement.
3.8 All work on the Encroachment shall be conducted in accordance with
Licensor's safety rules and regulations.
3.9 Licensee hereby agrees to reimburse Licensor any loss, cost or expense
(including losses resulting from train delays and/or inability to meet train schedules) arising from
any failure of Licensee to make repairs or conduct maintenance as required by Section 3.5 above
or from improper or incomplete repairs or maintenance to the Facilities or Encroachment.
4. PERMITS, LICENSES:
4.1 Before any work hereunder is performed, or before use of the Encroachment
for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary
permit(s) (including but not limited to zoning, building, construction, health, safety or
environmental matters), letter(s) or certificate(s) of approval. Licensee expressly agrees and
warrants that it shall conform and limit its activities to the terms of such permit(s), approval(s)
and authorization(s), and shall comply with all applicable ordinances, rules, regulations,
requirements and laws of any governmental authority (State, Federal or Local) having
jurisdiction over Licensee's activities, including the location, contact, excavation and protection
regulations of the Occupational Safety and Health Act (OSHA) (29 CFR 1926.651(b)), et al., and
State "One Call" - "Call Before You Dig" requirements.
4.2 Licensee assumes sole responsibility for failure to obtain such permit(s) or
approval(s), for any violations thereof, or for costs or expenses of compliance or remedy.
Attachment number 1
Page 3 of 13
PS - FORM 1001
REVISED APRIL 29, 2008
AGREEMENT NO. CSX632023
Page 4 of 13 ø
5. MARKING AND SUPPORT:
5.1 With respect to any subsurface installation or maintenance upon Licensor's
property, Licensee, at its sole cost and expense, shall:
(A) support track(s) and roadbed in a manner satisfactory to Licensor;
(B) backfill with satisfactory material and thoroughly tamp all trenches to
prevent settling of surface of land and roadbed of Licensor; and
(C) either remove any surplus earth or material from Licensor's property or
cause said surplus earth or material to be placed and distributed at location(s) and in such manner
Licensor may approve.
5.2 After construction or maintenance of the Facilities, Licensee shall:
(A) Restore any track(s), roadbed and other disturbed property; and
(B) Erect, maintain and periodically verify the accuracy of aboveground
markers, in a form approved by Licensor, indicating the location, depth and ownership of any
underground Facilities or related facilities.
5.3 Licensee shall be solely responsible for any subsidence or failure of lateral or
subjacent support in the Encroachment area for a period of three (3) years after completion of
installation.
6. TRACK CHANGES:
6.1 In the event that rail operations and/or track maintenance result in changes in
grade or alignment of, additions to, or relocation of track(s) or other facilities, or in the event
future use of Licensor's rail corridor or property necessitate any change of location, height or
depth in the Facilities or Encroachment, Licensee, at its sole cost and expense and within thirty
(30) days after notice in writing from Licensor, shall make changes in the Facilities or
Encroachment to accommodate such track(s) or operations.
6.2 If Licensee fails to do so, Licensor may make or contract to make such
changes at Licensee's cost.
7. FACILITY CHANGES:
7.1 Licensee shall periodically monitor and verify the depth or height of the
Facilities or Encroachment in relation to the existing tracks and facilities, and shall relocate the
Facilities or change the Encroachment, at Licensee's expense, should such relocation or change
be necessary to comply with the minimum clearance requirements of Licensor.
Attachment number 1
Page 4 of 13
PS - FORM 1001
REVISED APRIL 29, 2008
AGREEMENT NO. CSX632023
Page 5 of 13 ø
7.2 If Licensee undertakes to revise, renew, relocate or change in any manner
whatsoever all or any part of the Facilities (including any change in voltage or gauge of wire or
any change in circumference, diameter or radius of pipe or change in materials transmitted in and
through said pipe), or is required by any public agency or court order to do so, plans therefor
shall be submitted to Licensor for approval before such change. After approval, the terms and
conditions of this Agreement shall apply thereto.
8. INTERFERENCE WITH RAIL FACILITIES:
8.1 Although the Facilities/Encroachment herein permitted may not presently
interfere with Licensor's railroad or facilities, in the event that the operation, existence or
maintenance of said Facilities, in the sole judgment of Licensor, causes: (a) interference
(including, but not limited to, physical or interference from an electromagnetic induction, or
interference from stray or other currents) with Licensor's power lines, communication, signal or
other wires, train control system, or electrical or electronic apparatus; or (b) interference in any
manner, with the operation, maintenance or use of the rail corridor, track(s), structures, pole
line(s), devices, other property, or any appurtenances thereto; then and in either event, Licensee,
upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk,
cost and expense, shall promptly make such changes in its Facilities or installation, as may be
required in the reasonable judgment of the Licensor to eliminate all such interference. Upon
Licensee's failure to remedy or change, Licensor may do so or contract to do so at Licensee's sole
cost.
8.2 Without assuming any duty hereunder to inspect the Facilities, Licensor hereby
reserves the right to inspect same and to require Licensee to undertake repairs, maintenance or
adjustments to the Facilities, which Licensee hereby agrees to make promptly, at Licensee's sole
cost and expense.
9. RISK, LIABILITY, INDEMNITY:
With respect to the relative risk and liabilities of the parties, it is hereby agreed that:
9.1 Licensee hereby agrees to, defend, indemnify, and hold Licensor harmless
from and against any and all liability, loss, claim, suit, damage, charge or expense which
Licensor may suffer, sustain, incur or in any way be subjected to, on account of death of or
injury to any person whomsoever (including officers, agents, employees or invitees of Licensor),
and for damage to or loss of or destruction of any property whatsoever, arising out of, resulting
from, or in any way connected with the construction, repair, maintenance, replacement, presence,
existence, operations, use or removal of the Facilities or any structure in connection therewith, or
restoration of premises of Licensor to good order or condition after removal, EXCEPT when
proven to have been caused solely by the willful misconduct or gross negligence of Licensor.
HOWEVER, during any period of actual construction, repair, maintenance, replacement or
removal of the Facilities, wherein agents, equipment or personnel of Licensee are on the railroad
rail corridor, Licensee's liability hereunder shall be absolute, irrespective of any joint, sole or
contributory fault or negligence of Licensor.
Attachment number 1
Page 5 of 13
PS - FORM 1001
REVISED APRIL 29, 2008
AGREEMENT NO. CSX632023
Page 6 of 13 ø
9.2 Use of Licensor's rail corridor involves certain risks of loss or damage as a
result of the rail operations. Notwithstanding Section 9.1, Licensee expressly assumes all risk of
loss and damage to Licensee's Property or the Facilities in, on, over or under the Encroachment,
including loss of or any interference with use or service thereof, regardless of cause, including
electrical field creation, fire or derailment resulting from rail operations. For this Section, the
term "Licensee's Property" shall include property of third parties situated or placed upon
Licensor's rail corridor by Licensee or by such third parties at request of or for benefit of
Licensee.
9.3 Licensee assumes all responsibility for, and agrees to defend, indemnify and
hold Licensor harmless from: (a) all claims, costs and expenses, including reasonable attorneys'
fees, as a consequence of any sudden or nonsudden pollution of air, water, land and/or ground
water on or off the Encroachment area, arising from or in connection with the use of this
Encroachment or resulting from leaking, bursting, spilling, or any escape of the material
transmitted in or through the Facilities; (b) any claim or liability arising under federal or state
law dealing with either such sudden or nonsudden pollution of air, water, land and/or ground
water arising therefrom or the remedy thereof; and (c) any subsidence or failure of lateral or
subjacent support of the tracks arising from such Facilities leakage.
9.4 Notwithstanding Section 9.1, Licensee also expressly assumes all risk of loss
which in any way may result from Licensee's failure to maintain either required clearances for
any overhead Facilities or the required depth and encasement for any underground Facilities,
whether or not such loss(es) result(s) in whole or part from Licensor's contributory negligence or
joint fault.
9.5 Obligations of Licensee hereunder to release, indemnify and hold Licensor
harmless shall also extend to companies and other legal entities that control, are controlled by,
subsidiaries of, or are affiliated with Licensor, as well as any railroad that operates over the rail
corridor on which the Encroachment is located, and the officers, employees and agents of each.
9.6 If a claim is made or action is brought against Licensor, and/or its operating
lessee, for which Licensee may be responsible hereunder, in whole or in part, Licensee shall be
notified to assume the handling or defense of such claim or action; but Licensor may participate
in such handling or defense.
10. INSURANCE:
10.1 Prior to commencement of surveys, installation or occupation of premises
pursuant to this Agreement, Licensee shall procure and shall maintain during the continuance of
this Agreement, at its sole cost and expense, a policy of Commercial General Liability Insurance
(CGL), naming Licensor, and/or its designee, as additional insured and covering liability
assumed by Licensee under this Agreement. A coverage limit of not less than THREE
MILLION AND 00/100 U.S. DOLLARS ($3,000,000.00) Combined Single Limit per
occurrence for bodily injury liability and property damage liability is currently required as a
prudent minimum to protect Licensee's assumed obligations. The evidence of insurance
coverage shall be endorsed to provide for thirty (30) days' notice to Licensor, or its designee,
Attachment number 1
Page 6 of 13
PS - FORM 1001
REVISED APRIL 29, 2008
AGREEMENT NO. CSX632023
Page 7 of 13 ø
prior to cancellation or modification of any policy. Mail CGL certificate, along with agreement,
to CSX Transportation, Inc., Speed Code J180, 500 Water Street, Jacksonville, FL 32202. On
each successive year, send certificate to Speed Code C907 at the address listed above.
10.2 If Licensee's existing CGL policy(ies) do(es) not automatically cover
Licensee's contractual liability during periods of survey, installation, maintenance and continued
occupation, a specific endorsement adding such coverage shall be purchased by Licensee. If said
CGL policy is written on a "claims made" basis instead of a "per occurrence" basis, Licensee
shall arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole
risk.
10.3 Licensor, or its designee, may at any time request evidence of insurance
purchased by Licensee to comply with this Agreement. Failure of Licensee to comply with
Licensor's request shall be considered a default by Licensee.
10.4 Securing such insurance shall not limit Licensee's liability under this
Agreement, but shall be security therefor.
10.5 (A) In the event Licensee finds it necessary to perform construction or
demolition operations within fifty feet (50') of any operated railroad track(s) or affecting any
railroad bridge, trestle, tunnel, track(s), roadbed, overpass or underpass, Licensee shall: (a) notify
Licensor; and (b) require its contractor(s) performing such operations to procure and maintain
during the period of construction or demolition operations, at no cost to Licensor, Railroad
Protective Liability (RPL) Insurance, naming Licensor, and/or its designee, as Named Insured,
written on the current ISO/RIMA Form (ISO Form No. CG 00 35 01 96) with limits of FIVE
MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00) per occurrence for bodily injury and
property damage, with at least TEN MILLION AND 00/100 U.S. DOLLARS ($10,000,000.00)
aggregate limit per annual policy period, with Pollution Exclusion Amendment (ISO CG 28 31
11 85) if an older ISO Form CG 00 35 is used. The original of such RPL policy shall be sent to
and approved by Licensor prior to commencement of such construction or demolition. Licensor
reserves the right to demand higher limits.
(B) At Licensor's option, in lieu of purchasing RPL insurance from an insurance
company (but not CGL insurance), Licensee may pay Licensor, at Licensor's current rate at time
of request, the cost of adding this Encroachment, or additional construction and/or demolition
activities, to Licensor's Railroad Protective Liability (RPL) Policy for the period of actual
construction. This coverage is offered at Licensor's discretion and may not be available under all
circumstances.
11. GRADE CROSSINGS; FLAGGING:
11.1 Nothing herein contained shall be construed to permit Licensee or Licensee's
contractor to move any vehicles or equipment over the track(s), except at public road crossing(s),
without separate prior written approval of Licensor (CSXT Form 7422).
Attachment number 1
Page 7 of 13
PS - FORM 1001
REVISED APRIL 29, 2008
AGREEMENT NO. CSX632023
Page 8 of 13 ø
11.2 If Licensor deems it advisable, during any construction, maintenance, repair,
renewal, alteration, change or removal of said Facilities, to place watchmen, flagmen, inspectors
or supervisors for protection of operations of Licensor or others on Licensor's rail corridor at the
Encroachment, and to keep persons, equipment or materials away from the track(s), Licensor
shall have the right to do so at the expense of Licensee, but Licensor shall not be liable for failure
to do so.
11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and
labor agreements, Licensee may provide flagmen, watchmen, inspectors or supervisors during all
times of construction, repair, maintenance, replacement or removal, at Licensee's sole risk and
expense; and in such event, Licensor shall not be liable for the failure or neglect of such
watchmen, flagmen, inspectors or supervisors.
12. LICENSOR'S COSTS:
12.1 Any additional or alternative costs or expenses incurred by Licensor to
accommodate Licensee's continued use of Licensor's property as a result of track changes or wire
changes shall also be paid by Licensee.
12.2 Licensor's expense for wages ("force account" charges) and materials for any
work performed at the expense of Licensee pursuant hereto shall be paid by Licensee within
thirty (30) days after receipt of Licensor's bill therefor. Licensor may, at its discretion, request
an advance deposit for estimated Licensor costs and expenses.
12.3 Such expense shall include, but not be limited to, cost of railroad labor and
supervision under "force account" rules, plus current applicable overhead percentages, the actual
cost of materials, and insurance, freight and handling charges on all material used. Equipment
rentals shall be in accordance with Licensor's applicable fixed rate. Licensor may, at its
discretion, require advance deposits for estimated costs of such expenses and costs.
13. DEFAULT, BREACH, WAIVER:
13.1 The proper and complete performance of each covenant of this Agreement
shall be deemed of the essence thereof, and in the event Licensee fails or refuses to fully and
completely perform any of said covenants or remedy any breach within thirty (30) days after
receiving written notice from Licensor to do so (or within forty-eight (48) hours in the event of
notice of a railroad emergency), Licensor shall have the option of immediately revoking this
Agreement and the privileges and powers hereby conferred, regardless of encroachment fee(s)
having been paid in advance for any annual or other period. Upon such revocation, Licensee
shall make removal in accordance with Article 14.
13.2 No waiver by Licensor of its rights as to any breach of covenant or condition
herein contained shall be construed as a permanent waiver of such covenant or condition, or any
subsequent breach thereof, unless such covenant or condition is permanently waived in writing
by Licensor.
Attachment number 1
Page 8 of 13
PS - FORM 1001
REVISED APRIL 29, 2008
AGREEMENT NO. CSX632023
Page 9 of 13 ø
13.3 Neither the failure of Licensor to object to any work done, material used, or
method of construction or maintenance of said Encroachment, nor any approval given or
supervision exercised by Licensor, shall be construed as an admission of liability or
responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or
responsibility of Licensee under this Agreement.
14. TERMINATION, REMOVAL:
14.1 All rights which Licensee may have hereunder shall cease upon the date of
(a) termination, (b) revocation, or (c) subsequent agreement, or (d) Licensee's removal of the
Facility from the Encroachment. However, neither termination nor revocation of this Agreement
shall affect any claims and liabilities which have arisen or accrued hereunder, and which at the
time of termination or revocation have not been satisfied; neither party, however, waiving any
third party defenses or actions.
14.2 Within thirty (30) days after revocation or termination, Licensee, at its sole
risk and expense, shall (a) remove the Facilities from the rail corridor of Licensor, unless the
parties hereto agree otherwise, (b) restore the rail corridor of Licensor in a manner satisfactory to
Licensor, and (c) reimburse Licensor any loss, cost or expense of Licensor resulting from such
removal.
15. NOTICE:
15.1 Licensee shall give Licensor at least thirty (30) days written notice before
doing any work on Licensor's rail corridor, except that in cases of emergency shorter notice may
be given. Licensee shall provide proper notification as follows:
a. For non-emergencies, Licensee shall complete and submit Licensor's
Outside Party Number Request Form (Form # OP) by facsimile, to facsimile numbers: (904)
245-3692 and (904) 633-3450. Licensee may also scan and email a completed form to email
address: OP_Request@csx.com. A blank form, as well as additional instructions and
information, can be obtained from Licensor's web site, via web link:
http://www.csx.com/?fuseaction=general.csxp_flag.
b. For emergencies, Licensee shall complete all of the steps outlined in
Section 15.1 a. above, and shall also include detailed information of the emergency. Licensee
shall also call and report details of the emergency to Licensor's Rail Operations Emergency
Telephone Number: 1-800-232-0144. In the event Licensor needs to contact Licensee
concerning an emergency involving Licensee's Facility(ies), the emergency phone number for
Licensee is: 727-224-7049.
15.2 All other notices and communications concerning this Agreement shall be
addressed to Licensee at the address above, and to Licensor at the address shown on Page 1, c/o
CSXT Contract Management, J180; or at such other address as either party may designate in
writing to the other.
Attachment number 1
Page 9 of 13
PS - FORM 1001
REVISED APRIL 29, 2008
AGREEMENT NO. CSX632023
Page 10 of 13 ø
15.3 Unless otherwise expressly stated herein, all such notices shall be in writing
and sent via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be
considered delivered upon: (a) actual receipt, or (b) date of refusal of such delivery.
16. ASSIGNMENT:
16.1 The rights herein conferred are the privileges of Licensee only, and Licensee
shall obtain Licensor's prior written consent to any assignment of Licensee's interest herein; said
consent shall not be unreasonably withheld.
16.2 Subject to Sections 2 and 16.1, this Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective successors or assigns.
16.3 Licensee shall give Licensor written notice of any legal succession (by
merger, consolidation, reorganization, etc.) or other change of legal existence or status of
Licensee, with a copy of all documents attesting to such change or legal succession, within thirty
(30) days thereof.
16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in
part, to any grantee, lessee, or vendee of Licensor's underlying property interests in the
Encroachment, upon written notice thereof to Licensee.
16.5 In the event of any unauthorized sale, transfer, assignment, sublicense or
encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its
option, may revoke this Agreement by giving Licensee or any such assignee written notice of
such revocation; and Licensee shall reimburse Licensor for any loss, cost or expense Licensor
may incur as a result of Licensee's failure to obtain said consent.
17. TITLE:
17.1 Licensee understands that Licensor occupies, uses and possesses lands,
rights-of-way and rail corridors under all forms and qualities of ownership rights or facts, from
full fee simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as
or be deemed to act as any warranty, guaranty or representation of the quality of Licensor's title
for any particular Encroachment or segment of Rail Corridor occupied, used or enjoyed in any
manner by Licensee under any rights created in this Agreement. It is expressly understood that
Licensor does not warrant title to any Rail Corridor and Licensee will accept the grants and
privileges contained herein, subject to all lawful outstanding existing liens, mortgages and
superior rights in and to the Rail Corridor, and all leases, licenses and easements or other
interests previously granted to others therein.
17.2 The term "license," as used herein, shall mean with regard to any portion of
the Rail Corridor which is owned by Licensor in fee simple absolute, or where the applicable law
of the State where the Encroachment is located otherwise permits Licensor to make such grants
to Licensee, a "permission to use" the Rail Corridor, with dominion and control over such
portion of the Rail Corridor remaining with Licensor, and no interest in or exclusive right to
Attachment number 1
Page 10 of 13
PS - FORM 1001
REVISED APRIL 29, 2008
AGREEMENT NO. CSX632023
Page 11 of 13 ø
possess being otherwise granted to Licensee. With regard to any other portion of Rail Corridor
occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives
its exclusive right to occupy the Rail Corridor and grants no other rights whatsoever under this
Agreement, such waiver continuing only so long as Licensor continues its own occupation, use
or control. Licensor does not warrant or guarantee that the license granted hereunder provides
Licensee with all of the rights necessary to occupy any portion of the Rail Corridor. Licensee
further acknowledges that it does not have the right to occupy any portion of the Rail Corridor
held by Licensor in less than fee simple absolute without also receiving the consent of the
owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim
any interest in the Rail Corridor that would impair Licensor's existing rights therein.
17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and
absolutely waives its right to, any claim against Licensor for damages on account of any
deficiencies in title to the Rail Corridor in the event of failure or insufficiency of Licensor's title
to any portion thereof arising from Licensee's use or occupancy thereof.
17.4 Licensee agrees to fully and completely indemnify and defend all claims or
litigation for slander of title, overburden of easement, or similar claims arising out of or based
upon the Facilities placement, or the presence of the Facilities in, on or along any
Encroachment(s), including claims for punitive or special damages.
17.5 Licensee shall not at any time own or claim any right, title or interest in or to
Licensor's property occupied by the Encroachments, nor shall the exercise of this Agreement for
any length of time give rise to any right, title or interest in Licensee to said property other than
the license herein created.
17.6 Nothing in this Agreement shall be deemed to give, and Licensor hereby
expressly waives, any claim of ownership in and to any part of the Facilities.
17.7 Licensee shall not create or permit any mortgage, pledge, security, interest,
lien or encumbrances, including without limitation, tax liens and liens or encumbrances with
respect to work performed or equipment furnished in connection with the construction,
installation, repair, maintenance or operation of the Facilities in or on any portion of the
Encroachment (collectively, "Liens or Encumbrances"), to be established or remain against the
Encroachment or any portion thereof or any other Licensor property.
17.8 In the event that any property of Licensor becomes subject to such Liens or
Encumbrances, Licensee agrees to pay, discharge or remove the same promptly upon Licensee's
receipt of notice that such Liens or Encumbrances have been filed or docketed against the
Encroachment or any other property of Licensor; however, Licensee reserves the right to
challenge, at its sole expense, the validity and/or enforceability of any such Liens or
Encumbrances.
Attachment number 1
Page 11 of 13
PS - FORM 1001
REVISED APRIL 29, 2008
AGREEMENT NO. CSX632023
Page 12 of 13 ø
18. GENERAL PROVISIONS:
18.1 This Agreement, and the attached specifications, contains the entire
understanding between the parties hereto.
18.2 Neither this Agreement, any provision hereof, nor any agreement or provision
included herein by reference, shall operate or be construed as being for the benefit of any third
person.
18.3 Except as otherwise provided herein, or in any Rider attached hereto, neither
the form of this Agreement, nor any language herein, shall be interpreted or construed in favor of
or against either party hereto as the sole drafter thereof.
18.4 This Agreement is executed under current interpretation of applicable
Federal, State, County, Municipal or other local statute, ordinance or law(s). However, each
separate division (paragraph, clause, item, term, condition, covenant or agreement) herein shall
have independent and severable status for the determination of legality, so that if any separate
division is determined to be void or unenforceable for any reason, such determination shall have
no effect upon the validity or enforceability of each other separate division, or any combination
thereof.
18.5 This Agreement shall be construed and governed by the laws of the state in
which the Facilities and Encroachment are located.
18.6 If any amount due pursuant to the terms of this Agreement is not paid by the
due date, it will be subject to Licensor's standard late charge and will also accrue interest at
eighteen percent (18%) per annum, unless limited by local law, and then at the highest rate so
permitted.
18.7 Licensee agrees to reimburse Licensor for all reasonable costs (including
attorney's fees) incurred by Licensor for collecting any amount due under the Agreement.
18.8 The provisions of this License are considered confidential and may not be
disclosed to a third party without the consent of the other party(s), except: (a) as required by
statute, regulation or court order, (b) to a parent, affiliate or subsidiary company, (c) to an
auditing firm or legal counsel that are agreeable to the confidentiality provisions, or (d) to
Lessees of Licensor's land and/or track who are affected by the terms and conditions of this
Agreement and will maintain the confidentiality of this Agreement.
18.9 Licensor shall refund to Licensee any overpayments collected, plus any taxes
paid in advance; PROVIDED, however, such refund shall not be made when the cumulative total
involved is less than One Hundred Dollars ($100.00).
19. RESERVED:
20. RESERVED:
Attachment number 1
Page 12 of 13
PS - FORM 1001
REVISED APRIL 29, 2008
AGREEMENT NO. CSX632023
Page 13 of 13 ø
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
(each of which shall constitute an original) as of the effective date of this Agreement.
Witness for Licensor: CSX TRANSPORTATION INC
_______________________________ By:_________________________________________
Print/Type Name:_____________________________
Print/Type Title:______________________________
Witness for Licensee: CITY OF CLEARWATER
_______________________________ By:_________________________________________
Who, by the execution hereof, affirms that he/she has
the authority to do so and to bind the Licensee to the
terms and conditions of this Agreement.
Print/Type Name:_____________________________
Print/Type Title:______________________________
Tax ID No.:__________________________________
Authority under Ordinance or
Resolution No._______________________________,
Dated ______________________________________.
Attachment number 1
Page 13 of 13
Attachment number 2
Page 1 of 8
Attachment number 2
Page 2 of 8
Attachment number 2
Page 3 of 8
Attachment number 2
Page 4 of 8
Attachment number 2
Page 5 of 8
Attachment number 2
Page 6 of 8
Attachment number 2
Page 7 of 8
Attachment number 2
Page 8 of 8
Resolution No. 09-30
RESOLUTION NO. 09-30
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT WITH CSX
TRANSPORTATION, INC., FOR THE INSTALLATION OF A
8” RAW WATER MAIN IN THE CSX RIGHT-OF-WAY AS
PART OF THE WATER TREATMENT PLANTS 1 & 3
WELLFIELD EXPANSION PHASE II- RAW WATER MAINS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater will be installing a pipeline across the CSX right-of-
way at Palmetto Street as part of the Water Treatment Plants 1 and 3 Wellfield Expansion Project
Phase II-Raw Water Mains; and
WHEREAS, appropriate agreements have been prepared; 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 Agreements between the
City and CSX Transportation, Inc., identified as Pipeline Crossing Agreement No. CSX-632023.
Section 2. The City Council hereby authorizes the Mayor and City Manager to sign the
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-Council Member
Approved as to form: Attest:
__________________________ _____________________________
Camilo A. Soto Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 3
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Accept and approve a "Right of Entry" Agreement between the City of Clearwater and the Florida Department of Transportation
(FDOT), for maintenace related to the Memorial Causeway Bridge and authorize appropriate officals to execute same.
SUMMARY:
This agreement grants the Florida Department of Transportation, for purposes of bridge maintenance, a Right of Entry over certain City-
owned upland property and submerged lands in the area of, and surrounding the Memorial Causeway Bridge. This agreement
memorializes the needs of access by the FDOT in light of the City boatslip project design and addresses rights and responsibilities of the
party for both general maintenance and emergency access.
A copy of the Right of Entry Agreement is available for review in the Office of Official Records and Legislative Services.
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk
Cover Memo
1
RIGHT OF ENTRY AGREEMENT
This Right of Entry Agreement ("Right of Entry") is made and entered
into this ____ day of________________, 2009 by and between the City of
Clearwater ("City"), a municipal corporation of the State of Florida, and the
)ORULGD'HSDUWPHQWRI7UDQVSRUWDWLRQ ³)'27´ LQGLY LGXDOO\ ³3DUW\´ RU
collectively ("Parties").
WHEREAS , City is the owner in fee of certain real property ("Property"),
including upland and submerged lands in the area of , or upon which, the FDOT-
RZQHG0HPRULDO&DXVHZD\%ULGJH ³%ULGJH´ KDVEHHQFRQVWUXFWHGLQWKH&LW\
of Clearwater; and
WHEREAS , the City is currently constructing approximately 126 public boat
VOLSV ³3URMHFW´ LQWKHYLFLQLW\RIWKHHDVWHUQWH UPLQXVRIWKH%ULGJH DQG
WHEREAS , the FDOT and the City wish to enter into this Right of Entry
Agreement to formalize the terms and conditions und er which the FDOT may
enter upon, access and utilize the City-owned Prope rty for purposes of
maintaining the Bridge and otherwise carrying out a ll other things necessary
and proper or incidental to activities and responsi bilities for maintenance of the
Bridge, including emergency access.
NOW, THEREFORE , the City and FDOT do hereby agree as follows:
1. Recitals . The foregoing recitals are true and correct and are
incorporated in and form a part of this Agreement.
2. Effective Date and Term . The effective date of this Agreement shall be
the _____ day of _________ 2009. The Term of this Agreement shall continue until
such time as the Parties agree to terminate in writing, unless earlier terminated in
accordance with the provisions of this Agreement.
3. Right of Entry Property. The FDOT owns and maintains the Bridge,
which has been constructed upon or in the area of certain upland and submerged
lands owned by the City. FDOT Right of Entry for the purposes provided herein shall
be upon the lands more par WLFXODUO\GHVFULEHGLQ([KLELW³$´DWWDFKHGKHUHWRDQG
incorporated herein.
Attachment number 1
Page 1 of 7
2
4. The Project. The City is constructing approximately 126 dedicated boat
slips and side-WLHPRRULQJV ³3URMHFW´ LQWKHYLFLQLW\RIWKHHDVWHUQWHUPLQXVRIWKH
Bridge as depicted LQ([KLELW³%´DWWDFKHGKHUHWRDQGLQFRUSRUDWHGKHUHLQ
5. City Responsibilities . The City shall construct and maintain all Project
structures with a minimum setback of thirty-IHHW ¶ IURPthe corners of the
substructure footing , depicted LQ([KLELW³B´ as rectangles representing bridge
supports along the centerline of the bridge, each surrounded by four spheres, the
radius of which measures thirty-IHHW ¶ IURPHDFKFRUQHURIWKHEULGJHVXSSRUWV .
Additionally, the City understands and agrees that Project components extending
ZLWKLQWKLUW\IHHW ¶ IURPWKHGULSHGJHRIWKHEULGJHPD\QHHGWREHUHPRYHG
timely to perform work on the Bridge. ³'ULS(GJH´LVGHILQHGDV 7KHoutermost
direct projection to the ground of the superstructu re of the bridge , VHH([KLELW³%´.
FDOT acknowledges that at the inception of this Agreement, the Project has not yet
been constructed. The completed Project may vary in some respects from the
GHSLFWLRQLQ([KLELW³%´EXWLQQRLQVWDQFHVKDOOWKHFRPSOHWHG3URMHFWVWUXFW ures fail
to meet the above referenced setbacks.
While the Parties acknowledge that boats moored within the Project may contain
limited amounts of flammable materials (such as gas oline) typical to boats moored in
slips the size of those provided for in Exhibit ³%´WKH&LW\ZLOOQRWSHUPLWIODPPDEOHRU
corrosive materials within damage distance of the b ridge, and the City will ensure
that no electrical currents stray in the vicinity of the bridge and no boats or Project
components that could cause damage become loose.
6. FDOT Inspection, Maintenance and Repair .
Routine Activities. The City grants to FDOT and its agents,
employees and contractors the right to access and u tilize the
Property to inspect, operate, maintain and repair t he Bridge as
provided for herein. FDOT shall coordinate such activities by
providing the City with written notice (fax accepta ble) at least two (2)
weeks prior to accessing the Property for any such activities. FDOT
shall request that the City removes boats from the noted setbacks and
the City shall ensure such requests are resolved ti mely.
Non-Routine Activities. FDOT will provide the City with a two (2)
week notice for non-routine activities that are pla nned and scheduled
well ahead of implementation. However, the City un derstands and
agrees that FDOT may need access to perform urgent or emergency
inspection, maintenance or repair activities that m ay be related to
Attachment number 1
Page 2 of 7
3
public safety, structural deterioration, marine or vehicular impacts and
storm events. Under such instances, FDOT will prov ide notice as is
reasonable under the circumstances, and the City gr ants to FDOT and
its agents, employees and contractors the right to access and utilize
the Property to maintain the safety of the public o r restore the
structural integrity of the bridge. In such instanc es, FDOT and the
City shall work jointly to determine which Project components must be
removed or relocated to allow for the timely and co st effective
completion of the work. FDOT shall coordinate and effectively
communicate with the City throughout the resolution of the emergency
and both Parties shall facilitate coordination and communication
efforts.
7. Termination . This Right of Entry Agreement shall terminate up on
occurrence of any one, or more, of the following, w hichever shall occur first:
a. For Municipal Purpose in the event the Clearwater City Council
determines at a duly constituted public hearing tha t the Property
is required for any other municipal purpose and has provided
one hundred eighty (180) days advance notice, in wr iting, of
such intended use. Following such notice, this Agr eement shall
terminate in every respect, and both Parties shall be relieved of
any further obligations hereunder; or
b. FDOT abandonment of the Right of Entry; or
c. Material default by FDOT in the performance of any of the terms,
covenants or conditions of the Right of Entry, and in the failure
WRUHPHG\RUXQGHUWDNHWRUHPHG\WR&LW\¶VUHDVRQ DEOH
satisfaction such default for a period of thirty (3 0) days after
receipt of notice from City to remedy same.
8. Assignment . This Agreement is not assignable. Any attempt t o
assign this Agreement shall render this Agreement i mmediately null and void in
its entirety.
9. Liens . This Right of Entry Agreement is subordinate to all prior
rights and obligations of City in the Property, exc ept that City shall grant no
rights inconsistent with the reasonable exercise by FDOT of its rights under this
Attachment number 1
Page 3 of 7
4
Right of Entry Agreement. FDOT shall not permit to be placed against the
Property, or any part thereof, any liens or other e ncumbrances with regard to
FDOT's actions upon the Property.
10. Indemnification . Each party shall be responsible for its own acts
or omissions. This provision shall not be construe d to create any rights in third
parties, waive or alter HLWKHUSDUW\¶VVRYHUHLJQLPPXQLW\RUWKHOLPLWVUL JKWVRU
requirements of Section 768.28 Florida Statutes.
11. Liability. If FDOT in the course of exercising its rights h ereunder
damages any facilities of City located on the Prope rty, FDOT will promptly notify
the City of such damage and promptly repair said fa cilities to the City's
reasonable satisfaction. In the case of third part y related damages, FDOT and
the City will pursue recovery (repairs and costs) s eparately or jointly at their
independent discretion. In the case of routine and non-routine work activities,
the City will reimburse FDOT for additional costs i ncurred with work activities,
damage recovery or delays GLUHFWO\UHVXOWLQJIURPWKH&LW\¶VLQDELOLW\RUIDL OXUHWR
meet the responsibilities identified in Sections 5 or 6 of this Agreement.
12. Compliance with Law . FDOT shall, in all activities undertaken
pursuant to this Right of Entry Agreement, comply a nd cause its contractors,
agents and employees to comply with all federal and state laws, statutes,
orders, rules and regulations. Without limiting the generality of the foregoing,
FDOT, at its sole cost and expense, shall obtain an y and all permits which may
be required for any activities FDOT desires to cond uct or have conducted
pursuant to this Right of Entry Agreement.
13. Right to Inspect . The City and its representatives, employees,
agents or independent contractors may enter and ins pect the Property or any
portion thereof or any improvements thereon at any time and from time to time
to verify FDOT's compliance with the terms of this Right of Entry Agreement.
14. No Interest in Land . This Right of Entry is not coupled with an
interest in land. It is expressly understood that this Right of Entry Agreement
does not in any way whatsoever grant or convey any permanent easement,
lease, fee or other real property interest in the P roperty to FDOT. This Right of
Entry Agreement is not exclusive and City specifica lly reserves the right to grant
other rights of entry in regard to the Property as long as the same do not
interfere with the rights granted to FDOT herein.
Attachment number 1
Page 4 of 7
5
15. Notice . Any notice required or permitted to be given by t he
provisions of this Agreement shall be conclusively deemed to have been
received by a party hereto on the date it is hand-d elivered to such party at the
address indicated below (or at such other address a s such party shall specify to
the other party in writing), or if sent by register ed or certified mail (postage
prepaid), on the fifth (5th) business day after the day on which such notice is
mailed and properly addressed.
If to City, addressed to Engineering Director, Mich ael Quillen, City of
Clearwater, P.O. Box 4748, Clearwater, FL 33758. With copy to: City
Attorney, City of Clearwater, P.O. Box 4748, Clearwater, FL 33758.
If to FDOT, addressed to Donald J. Skelton, P.E., D istrict VII Secretary,
Florida Department of Transportation, 11201 North M cKinley Drive,
Tampa, FL 33612.
[Remainder of this page intentionally left blank]
Attachment number 1
Page 5 of 7
6
IN WITNESS WHEREOF, the Parties hereto have execute d this Right of Entry
Agreement on the date first written above.
City of Clearwater, Florida
By: _____________________________
William B. Horne II
City Manager
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758
ATTEST: Approved as to Form
_____________________________ _____________________________
Cynthia E. Goudeau Laura Mahony
City Clerk Assistant City Attorney
FDOT:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By: _____________________________
Donald J. Skelton, P.E.
District VII Secretary
Attachment number 1
Page 6 of 7
7
(;+%,7³$´
to
Right of Entry Agreement between City of Clearwater and Florida Department of Transportation
(To be completed at a later date - prior to execution.)
Attachment number 1
Page 7 of 7
Attachment number 2
Page 1 of 2
Attachment number 2
Page 2 of 2
Attachment number 3
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Approve a Jones Edmunds and Associates, Inc. Work Order for Engineering Services of the Pump Station Replacement at Marshall
Street Advanced Pollution Control Facility (APCF)at a cost of $109,680.00 and authorize the appropriate officials to execute same.
(consent)
SUMMARY:
· The requested $109,680.00 authorization under this Work Order is for professional engineering services for the design,
permitting and bidding of the Pump Station Replacement at Marshall Street APCF Project.
· The Archimedes screw pump station which pumps the effluent from the final clarifiers to the filter influent channel was
constructed in 1988. A submersible triplex pump station was added in 1996 to supplement the aging screw pump station. The
Archimedes screw pump station has reached the end of its useful life. Jones Edmunds conducted an evaluation in April, 2009 and
recommended replacing the screw pump station with a new submersible pump station. The goal of this project is to provide a reliable
pumping station that will pump the plant design peak hour flows (25 MGD) and meet Class I reliability.
· The scope of services includes the design for replacing the screw pump station with a new triplex submersible pump station. This
new pump station would be constructed next to the existing triplex pump station and share a common wall. The new design will also
include the demolition of the existing screw pump station and associated equipment.
· Marshall Street APCF is located at 1605 Harbor Drive, Clearwater, Florida.
· Jones Edmunds and Associates, Inc. is an Engineer-of-Record for the City of Clearwater.
· Sufficient budget and Utility Repair and Replacment revenue is available in 0327-96202, WWTP Screw Pump Replacements for
$109,680.00.
Type:Capital expenditure
Current Year Budget?:Yes Budget Adjustment:No
Budget Adjustment Comments:
Current Year Cost:$109,680.00 Annual Operating Cost:
Not to Exceed:$109,680.00 Total Cost:$109,680.00
For Fiscal Year:2008 to 2009
Appropriation Code Amount Appropriation Comment
0327-96202-561300-535-
000-0000
$109,680.00See summary
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
Attachment number 1
Page 1 of 6
Attachment number 1
Page 2 of 6
Attachment number 1
Page 3 of 6
Attachment number 1
Page 4 of 6
Attachment number 1
Page 5 of 6
Attachment number 1
Page 6 of 6
MA
R
IVA
JA
PAL
M
ST
SANDY
GROVE
CAROLYN
FL
O
R
A
STATE ST
KI
N
G
'
S
BA
R
B
A
R
A
CA
R
L
O
S
SUNNYDALE
ST
HART
ST
AP
A
C
H
E
PLAZA
FAIRMONT
ST
NICHOLSON
BLUFF
TA
NOKOMIS
IROQUOIS
CALUMET
S.R. 590
SP
R
U
CE ELDRIDGE
AL
DE
N
MAPLE
ST
AVE
VI
N
E
MAPLE
AV
E
S.R. 60
LAURA
AV
E
AVE
ST
FE
R
N
POINT DR
AVE
AV
EFAIRMONT
MARGO
ST
GA
R
D
EN
ST
ST
METTO
PALM
MY
R
T
L
E
ERMINE
BIDWELL
AV
E
HA
R
RIS
O
N
FOR
T
ENGMAN
ST
MARSHALL
DR
AV
E
SMINNE
FT
H
A
R
R
I
S
O
N
SUNS
ET
D
R
PRINCESS
PLEASANT
BURST
SUN CT
VENETIAN
LEBEAU
OSAGE
JURGENS
ROO
S
EVE
LT
O
MOHAWK
VEN
E
TI
A
N
LI
N
C
O
L
N
AVE
MAPLE
ST
ST
LEEST
AV
E
AVE
JACKSON
ST
AVE
ST
CLEVELAND
BO
OT
H
AV
E
GROVE
JE
F
F
E
R
S
O
N
Browns
C LEVE
L
A
N
D
GROVE
N.E.
ST
ST
ST ST
WA
S
H
I
N
G
T
ON
MA
D
IS
O
N
MI
S
S
O
U
R
I
AVE
AV
E
ELDRIDGE
LI
N
C
O
L
N
RD
ST
FORESTRD
AV
E
BE
TT
Y DR
AV
E
AV
E
HI
L
L
T
O
P
KE
N
WO
O
D
AV
E
AV
E
BE
T
TY
MA
R
Y
LA
AV
E
DR
ORAN
G
EV
I
E
W
AV
E
CRESTVIEWPR
ES
C
O
T
T
HIL
L
C
R
ES
T
S
T
E
V
E
N
S
O
N
DR
OV
E
R
B
R
O
O
K
CARDOVA
SUNSET POINT
DR
AV
E
C.R. 576
SP
R
I
N
G
T
I
M
E
RD
DR
SHERIDANAV
E
C.
R
.
3
4
5
COL
E
S
ALOHA
HO
L
T
A
V
E
PI
N
E
L
A
N
D
ST
WA
S
H
I
N
GT
O
N
MA
D
I
S
O
N
BECKETT
GRANT
CARLTON
TA
F
T
ENGMAN
METTO
LA SALLE
PE
N
NS
Y
L
V
A
N
I
A
ST
ST
ST
MO
N
R
O
E
AV
E
FU
LT
O
N
MARSHALL
SEMINOLE
BLUFF
MA
D
IS
O
N
AV
E
PH
I
LLIES
PALM
LA
WE
S
T
AV
E
ST
MI
S
S
OUR
I
MA
D
I
S
O
N
AV
E
MA
RTIN
L
UT
H
E
R
K
I
N
G
J
R
TANGERINE
ST
ST
ST
BECKETT
ST
AV
E
ST
ST
DO
U
G
L
A
S
A
V
E
ST
RUSSELL
D
R
T
R
A
IL
AVE
O
V
E
R
B
R
O
O
K
H
A
R
B
O
R
ST
A
V
E
DO
U
G
L
A
S
AV
E
BRO
O
K
SY
L
V
A
N
CAROLYN
VISTA
NICHOLSON
PALMETTO
ST
WAY
S
T
E
V
E
N
S
O
N
WA
S
H
I
N
G
TO
N
LA
LA
WILSON
MA
C
O
M
B
E
R
CH
E
N
A
N
G
O
BE
T
T
Y
SPRING
THAMES
SUNSET
RD
ST
PINEBROOK
WOODSONADMIRAL
ST
LA
N
E
CEDAR
FA
I
R
B
UR
N
HIBISCUS
P
I
N
E
ST
KI
N
GS
ST
PARKWOOD
WOODBINE
SPRINGDALE
ST
LASALLE
AVE
ENGMAN
CARO
L
TO
N
CK
CLAIRE
STO
DR
OVERLEA
BRO
O
K
DR
RO
L
L
E
N
HIG
H
WA
Y
ST
ST
ST
N
S
BA
R
BA
R
A
ST
FAIRMONT
AV
E
HEAVEN
SANDY
MARY
TERRACE
FAIRMONT
C.
R
.
5
60
JA
D
E
LA
RD
L RD
RD
C.
R
.
3
6
5
CAR
L
O
S
SENTLA
OTTEN
LA
HIBISCUS
HIBISCUS
PARKWOOD
WOODBINE
SPRINGDALE
WE
S
T
O
N
JOEL
BENTLEY
BA
R
B
A
R
A
SEDEEVA
EDG
EWATE
R
DR
WOODLAWN
IDLEWILD
CIR
SEDEEVA
ST
CIRS
CHARLES
GRANADA
AN
C
H
OR
WI
L
S
O
N
ST
ST
COMMODORE
BL
VD
ST BR
O
A
D
W
SEDEEVA
Pl
a
z
a
IVA ST
GRANADA
Do
lo
r
e
s
OAK
D
A
L
E
PORT
BERMUDA
RD
Cir
S
Cir
N
BY RAMAV
E
LA
BERTLAND
POIN
S
E
T
T
A
PI
N
EC
R
E
S
T
N
C.
R
.
3
5
5
TERR
ST
HI
G
H
W
A
Y
DR
THE
EV
ALP
I
N
E
RD
Ridgelane
Ridgelane
Highland
PI
C
A
R
DY
Pi
c
a
r
d
y
L
a
MER
E
KA
R
LYNC
I
R D
RD
MAPLE
RANDA
CIR
AV
E
C A
OAKWOOD
RIDGEWOOD
PINEWOOD
AV
E
WO
O
D
Richards
ST
ST
GL
E
N
WO
OD
CLEVELAND
GROVE
LAURA
ST
R O SE WOOD
DR
CR
E
S
T
AV
E
HI
G
HLA
N
D
OR
A
N
G
E
W
O
O
D AVE
ED
G
E
W
O
O
D
A
V
E
SOUTH
RD
Cir
POINT
DR
HI
G
H
L
A
N
D
ERIN SO
U
VE
N
I
R
LA
DR
DR
ELIZ
CIR
DR
WO
O
D
WO
O
D
AV
E
TE
R
R
A
CE
ELMWOOD
ROSE
WOOD
WALNUT
SMAL L
FL
A
G
L
E
R
CA
R
L
O
S
DR
AV
E
DR
WE
S
T
CIRCLE
LA
ST
ROSEMONT
SANDY
LINWOOD
DR
LA
GREENLEA
LOGAN
STCLARK
ST
ST
C. R. 548
LEVERN
BONAIR
ST
ST
GENTR
CARROLL ST
CROWN S
EA
S
T
SH
A
R
O
ND
A
L
E
PA
M
E
L
I
A
FL
O
RA
RD
KRUSE
DRD
R
HUNTINGTON
CUMBERLANDPL
A
T
E
A
U
DR
RD
BYR
A
M CI R
AVAV
PO
W
D
E
R
H
O
R
N
SOUVENIR
W
W
Pr
o
s
p
e
c
t
1"=1320'
Date
10/26/04
Drawn By
S.K.
Checked By
R.F.
Sec-Twn-Rng
10-29S-15E
Marshall St. Advanced
Wastewater Treatment Facility
Marshall St.
Advanced Wastewater
Treatment Facility
Attachment number 2
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Approve providing additonal funding of $363,297 to the US Army Corps of Engineeers (USACOE) for the Stevenson Creek Estuary
Restoration Project, bringing the total City share of the project cost to $2,687,637. (consent)
SUMMARY:
August 21, 2008, City Council approved entering into a Project Partnership Agreement (PPA) with the USACOE for the Stevenson
Creek Estuary Restoration Project
and provided funding to the USACOE in the amount of $2,324,340.
The USACOE opened the bids for the construction and the selected bid is higher than the engineer's estimate.
The selected bid requires the City to provide an additional $363,297 to pay for our share of the project before the USACOE will issue
the contract.
Sufficient budget and revenue is available in Capital Improvement Program project 0315-96129, Stevenson Creek Estuary Restoration.
The total cost to the City remains less than the budgeted amount used in the stormwater rate study.
Type:Capital expenditure
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$363,297.00 Annual Operating Cost:
Not to Exceed:$363,297.00 Total Cost:$363,297.00
For Fiscal Year:200 to 2009
Appropriation Code Amount Appropriation Comment
0315-96129-563700-539-
000-0000
$363,297.00See summary
Review
Approval:
1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City
Manager 7) Clerk
Cover Memo
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Approve Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater,
providing for the allocation of units from the Hotel Density Reserve under Beach by Design and adopt Resolution 09-23.
SUMMARY:
The 0.72 acres is located on the east side of Coronado Drive at the northeast and southeast corners of Devon Drive.
The site is comprised of three parcels, two on the north side of Devon Drive and one on the south side of Devon Drive. The
northern portion of the subject property is currently developed with a 22-unit motel at 101 Coronado Drive (Port Vue Motel) and
vacant land (formerly a 16-unit motel). The vacant area is presently being used for construction trailers for the Hyatt/Aqualea
project (301 S. Gulfview Boulevard). The southern portion of the subject property is currently vacant land (formerly a 15-unit
motel), also being used for construction trailers for the Hyatt/Aqualea project.
The proposal is for an overnight accommodation use of a total of 108 rooms (150 rooms/acre on total site, including the
allocation of 72 units from the Hotel Density Reserve) and approximately 1,500 square feet (0.048 FAR on total site) of
amenities accessory to the hotel at a height of 89 feet (to roof deck)
On May 19, 2009, the Community Development Board (CDB) approved with 13 conditions of approval a Flexible Development
application for the construction of a 108-unit hotel with associated amenities (FLD2009-03013).
The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers
the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period
not to exceed ten (10) years, meets the criteria for the allocation of units from the Hotel Density Reserve under Beach by Design and
includes the following main provisions:
Provides for the allocation of 72 units from the Hotel Density Reserve;
Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code
(CDC) Section 4-407;
Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed;
For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the
recording of a covenant restricting use of such hotel units to overnight accommodation usage; and
Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a
hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center.
The Community Development Board reviewed this Development Agreement application at its public hearing on May 19, 2009, and
unanimously recommended approval of the application (DVA2009-00001).
Review Approval:1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo
Community Development Board – May 19, 2009
DVA2009-00001 – Page 1 of 3
CDB Meeting Date: May 19, 2009
Case Number: DVA2009-00001 (Related to FLD2009-03013)
Agenda Item: F.1. (Related to E.4.)
Owner/Applicant: Decade Companies Income Properties
Representative: Keith Zayac, PE, RLA, LEED AP, Keith Zayac & Associates, Inc.
Address: 101 and 105 Coronado Drive and 35 Devon Drive
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST: Review of, and recommendation to the City Council, of a Development
Agreement between Decade Companies Income Properties (the property
owner) and the City of Clearwater, providing for the allocation of units
from the Hotel Density Reserve under Beach by Design.
CURRENT ZONING: Tourist (T) District
CURRENT FUTURE LAND
USE CATEGORY:
Resort Facilities High (RFH)
BEACH BY DESIGN
CHARACTER DISTRICT:
Small Motel
PROPERTY USE: Current Use: 22-room motel and vacant land (formerly a 16-unit
motel and a 15-unit motel)
Proposed Use: Overnight accommodation use of a total of 108 rooms
(150 rooms/acre on total site, including the allocation of
72 units from the Hotel Density Reserve) and
approximately 1,500 square feet (0.048 FAR on total
site) of amenities accessory to the hotel at a height of 89
feet (to roof deck)
EXISTING
SURROUNDING ZONING
AND USES:
North: Preservation (P) District City Marina
South: Tourist (T) District Retail sales and Overnight
accommodations
East: Tourist (T) District Overnight accommodations and City
parking lot
West: Tourist (T) District Temporary City parking lot
ANALYSIS:
Site Location and Existing Conditions:
The 0.72 acres is located on the east side of Coronado Drive at the northeast and southeast corners of Devon
Drive/First Street. The subject property is currently developed with a 22-unit motel (101 Coronado
Drive) and vacant land presently used for construction trailers for the Hyatt/Aqualea project (105
Coronado Drive and 35 Devon Drive). The vacant parcels were previously developed with a 16-unit
motel (105 Coronado Drive) and a 15-unit motel (35 Devon Drive).
Attachment number 1
Page 1 of 3
Community Development Board – May 19, 2009
DVA2009-00001 – Page 2 of 3
Development Proposal:
The development proposal includes a companion Flexible Development application (FLD2009-03013) to
permit an overnight accommodation use of a total of 108 rooms (150 rooms/acre on total site, including
the allocation of 72 units from the Hotel Density Reserve) and approximately 1,500 square feet (0.048
FAR on total site) of amenities accessory to the hotel (meeting room and exercise room) at a height of 89
feet (to roof deck). All 108 units of the hotel and 94 parking spaces on four levels are proposed on the
northern portion of the site (north of Devon Drive). A surface parking lot for 18 spaces is proposed on
the southern portion of the site (south of Devon Drive).
Development Agreement:
The Development Agreement is a requirement for the allocation of hotel units from the Hotel Density
Reserve, adopted as an amendment to Beach by Design under Ordinance 7925-08 on July 17, 2008. A
total of 1,385 hotel rooms are available under the Hotel Density Reserve and this proposal requests the
allocation of 72 units from it. The City has established the Development Agreement format as a means to
facilitate the allocation of the units and to set forth appropriate provisions related to the development of
the property. The proposed Development Agreement will be in effect for a period not to exceed ten (10)
years, meets the criteria for the allocation of units from the Hotel Density Reserve under Beach by
Design and includes the following main provisions:
Provides for the allocation of 72 units from the Hotel Density Reserve;
Requires the developer to obtain building permits and certificates of occupancy in accordance with
Community Development Code (CDC) Section 4-407;
Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not
constructed;
For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a
residential use and requires the recording of a covenant restricting use of such hotel units to
overnight accommodation usage; and
Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed
as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the
National Hurricane Center.
The Community Development Board (CDB) has been provided with the most recent Development
Agreement.
The City Council may enter into Development Agreements to encourage a stronger commitment on
comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for
development, to encourage the efficient use of resources, and to reduce the economic cost of
development. The CDB is required to review the proposed Development Agreement and make a
recommendation to the City Council.
Attachment number 1
Page 2 of 3
Community Development Board – May 19, 2009
DVA2009-00001 – Page 3 of 3
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials at its
meeting of April 2, 2009, and deemed the development proposal to be sufficient to move forward to the
Community Development Board (CDB), based upon the following findings of fact and conclusions of
law:
Findings of Fact: The Planning Department, having reviewed all evidence submitted by the applicant and
requirements of the Community Development Code, finds that there is substantial competent evidence to
support the following findings of fact:
1. That the 0.72 acres is located on the east side of Coronado Drive at the northeast and southeast corners
of Devon Drive/First Street;
2. That the property is located within the Tourist (T) District and the Resort Facilities High (RFH)
Future Land Use Plan category;
3. That the development proposal is subject to the requirements of Beach by Design, the Design
Guidelines contained therein as the property is located within the Small Motel character district and
the criteria for allocation of units from the Hotel Density Reserve.
Conclusions of Law: The Planning Department, having made the above findings of fact, reaches the
following conclusions of law:
1. That the Development Agreement implements and formalizes the requirements for the construction
of on-site and off-site improvements under the related site plan proposal (FLD2009-03013);
2. That the Development Agreement complies with the standards and criteria of Section 4-606 of the
Community Development Code;
3. That the Development Agreement is consistent with and furthers the Visions, Goals, Objectives and
Policies of the Comprehensive Plan;
4. That the Development Agreement is consistent with the Visions, Goals, Objectives and Policies of
Beach by Design and the Small Motel character district; and
5. That the Development Agreement complies with the criteria in Beach by Design for the allocation of
units from the Hotel Density Reserve.
Based upon the above, the Planning Department recommends the APPROVAL, and recommendation to
the City Council, of a Development Agreement between Decade Companies Income Properties (the
property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density
Reserve under Beach by Design, for the property at 101 and 105 Coronado Drive and 35 Devon Drive.
Prepared by Planning Department Staff: __________________________________________
Wayne M. Wells, AICP, Planner III
ATTACHMENTS:
Development Agreement with Exhibits
Location Map
Aerial Map
Future Land Use Map
Zoning Map
S:\Planning Department\C D B\FLEX (FLD)\Pending cases\Up for the next CDB\DVA2009-00001 - Coronado 0101 - Holiday Inn Express (T)
- 5.19.09 CDB - WW\Coronado 0101 Dev. Agree. Staff Report for 5.19.09 CDB.doc
Attachment number 1
Page 3 of 3
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the _______
day of _______________, 2009, and entered into between DECADE COMPANIES
INCOME PROPERTIES ("Developer"), its successors and assigns, and the CITY OF
CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting
through its City Council, the governing body thereof ("City").
RECITALS:
WHEREAS, one of the major elements of the City's revitalization effort is a
preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; and
WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the
Florida Local Government Development Agreement Act ("Act"), authorize the City to
enter into binding development agreements with persons having a legal or equitable
interest in real property located within the corporate limits of the City; and
WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-
606 of the City of Clearwater Community Development Code ("Code"), establishing
procedures and requirements to consider and enter into development agreements; and
WHEREAS, Beach by Design proposed additional hotel units to equalize
development opportunities on the beach and ensure Clearwater Beach remains a quality,
family resort community by further providing for a limited pool of additional hotel units
("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and
WHEREAS, the Developer controls approximately 0.722 acres of real property
("Property") in the corporate limits of the City, consisting of 0.722 acres of upland from
the face of the seawall more particularly described on Exhibit "A" attached hereto and
incorporated herein; and
WHEREAS, the Developer desires to develop the Property by demolishing
existing hotel rooms and other uses in order to add overnight accommodation units,
minimal meeting space for guest use, ground level pool, tiki-bar/pool on the roof, new
lobby and parking with parking spaces, generally conforming to the architectural
elevation dimensions shown in composite Exhibit "B”; and
WHEREAS, upon completion the planned resort will contain 108 units, which
includes Seventy-Two (72) units from the available Hotel Density Reserve:
WHEREAS, the City has conducted such hearings as are required by and in
accordance with Chapter 163.3220 Fla. Stat. (2008) and any other applicable law; and
Attachment number 2
Page 1 of 21
2
WHEREAS, the City has determined that, as of the Effective Date of this
Agreement, the proposed project is consistent with the City's Comprehensive Plan and
Land Development Regulations; and
WHEREAS, the City has conducted public hearings as required by §§ 4-206 and
4-606 of the Community Development Code; and
WHEREAS, at a duly called public meeting on ______________________, 2009,
the City Council approved this Agreement and authorized and directed its execution by
the appropriate officials of the City; and
WHEREAS, the Community Development Board approved the design and site
plan as FLD2009- 03013 on ________________, 2009, conditioned upon the approval
and execution of this Agreement; and
WHEREAS, approval of this Agreement is in the interests of the City in
furtherance of the City's goals of enhancing the viability of the resort community and in
furtherance of the objectives of Beach by Design; and
WHEREAS, Developer has approved this Agreement and has duly authorized
certain individuals to execute this Agreement on Developer's behalf.
STATEMENT OF AGREEMENT
In consideration of and in reliance upon the premises, the mutual covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto intending to be legally bound and in
accordance with the Act, agree as follows:
SECTION 1. Recitals. The above recitals are true and correct and are a part of
this Agreement.
SECTION 2. Incorporation of the Act. This Agreement is entered into in
compliance with and under the authority of the Code and the Act, the terms of which as of
the date of this Agreement are incorporated herein by this reference and made a part of
this Agreement. Words used in this Agreement without definition that are defined in the
Act shall have the same meaning in this Agreement as in the Act.
SECTION 3. Property Subject to this Agreement. The Property described in
Exhibit "A" is subject to this Agreement ("Property").
3.1 The Property currently has a land use designation of Resort Facilities High
(RFH) and is zoned Tourist (T).
3.2. The Property is owned in fee simple by the Developer.
Attachment number 2
Page 2 of 21
3
3.3 The Property is generally located at 101 Coronado Drive Clearwater, FL
33767 as more further described in Exhibit “A”.
SECTION 4. Scope of Project.
4.1 The Project shall consist of no more than 108 overnight accommodation
units. Such units may be traditional hotel rooms or fractional ownership units, as defined
by the Community Development Code. The proposed density is 150 units per acre.
4.2 The Project shall include 112 parking spaces, as defined in the Community
Development Code. ”.
4.3 The proposed height of the building is 89 feet to the roof deck.
4.4 The design of the Project, as represented in Exhibit “B”, is consistent with
Beach by Design, except as otherwise shown on Exhibit “B.
4.5 No more than 25 % of overnight accommodation units shall have full
kitchens. Such kitchens shall be limited to those units identified on the plans in Exhibit
"B" as "suites" and shall not be located in any unit received from the Hotel Density
Reserve.
4.6 The project shall comply with the Metropolitan Planning Organization
(MPO) countywide approach to the application of concurrency management for
transportation facilities.
SECTION 5. Effective Date/Duration of this Agreement.
5.1 This Agreement shall not be effective until this Agreement is properly
recorded in the public records of Pinellas County, Florida, and thirty (30) days have
elapsed after having been received by the Department of Community Affairs pursuant to
Florida Statutes Section 163.3239 and Clearwater Community Development Code Section
4-606.G. 2.
5.2 Within fourteen (14) days after the City approves the execution of this
Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for
Pinellas County. The Developer shall pay the cost of such recording. The City shall
submit to the Department of Community Affairs a copy of the recorded Agreement within
fourteen (14) days after the Agreement is recorded.
5.3 This Agreement shall continue in effect until terminated, as defined herein,
but for a period not to exceed ten (10) years.
SECTION 6. Obligations under this Agreement.
6.1 Obligations of the Developer:
Attachment number 2
Page 3 of 21
4
6.1.1 The obligations under this Agreement shall be binding upon and the
benefits of this Agreement shall inure to the Developer, its successors in interests
or assigns.
6.1.2 At the time of development of the Property, the Developer will
submit such applications and documentation as are required by law and shall
comply with the City's Code applicable at the time of building permit review.
6.1.3 The following restrictions shall apply to development of the
Property:
6.1.3.1 The Property and improvements located thereon shall be
developed in substantial conformance with the Site Plan attached as
Exhibit "B" and approved by the Community Development Board ("CDB")
as case number FLD2009-03013. Any minor revisions or changes to the
Site Plan shall be consistent with the approved Site Plan and shall be
approved by the Planning Director as a minor modification, pursuant to the
Code. Any modifications determined by the Planning Director as either
inconsistent with the approved Site Plan or constituting a substantial
deviation from the approved Site Plan and thus requiring further approval
by the CDB shall require an amendment to this Agreement in accordance
with the procedures of the Act and the Code, as necessary and applicable.
Any and all such approved and adopted amendments shall be recorded in
the public records of Pinellas County, Florida.
6.1.3.2 The Developer shall obtain building permits and shall
thereafter timely obtain required certificates of occupancy, in accordance
with Code Section 4-407. The Developer shall commence vertical
construction, defined as work on the project other than clearing, grubbing
or other preliminary site preparation work, in accordance with applicable
provisions of the Code and of the Florida Building Code. Nothing herein
shall restrict Developer from seeking an extension of these time frames
pursuant to applicable provisions of the Code and of the Florida Building
Code or from seeking an amendment to this agreement.
6.1.3.3 The Developer shall execute, prior to commencement, a
mandatory evacuation/closure covenant, substantially in the form of
Exhibit "C", that the accommodation use will closed as soon as practicable
after a hurricane watch that includes Clearwater Beach is posted by the
National Hurricane Center.
6.1.4 Covenant of Unified Use. Prior to the issuance of the first building
permit for the Project, the Developer hereby agrees to execute and record in the
Public Records of Pinellas County, Florida the covenant of unified use and
development for the Project Site providing that the Project Site shall be developed
and used as a single project, the form of which covenant is attached as Exhibit
"D"; provided however, that nothing shall preclude the Developer from selling the
Fractional Share Units or from selling all or a portion of the Developer's Property
Attachment number 2
Page 4 of 21
5
in the event that Developer determines not to construct the Project. Additionally,
prior to the issuance of the first building permit for the Project, the Developer
hereby agrees to execute a Declaration of Unity of Title for the Project Site
providing that the Project Site shall be developed and used as a single project, the
form of which Declaration of Unity of Title is available from the City Planning
Department. It is understood and agreed that, in the event that the Developer
enters into the anticipated covenant of unified use and development, and the
Developer elects not to construct the Project and notifies the City of its election in
writing, and, alternatively, as of the date of expiration, termination or revocation
any rights of Developer to incorporate the Hotel Density Reserve Units into the
Project, the City shall execute and deliver to the Developer a termination of such
covenant of unified use and development suitable for recording in the Public
Records of Pinellas County, Florida. Additionally, the City shall execute and
deliver to the Developer a Release of Unity of Title suitable for recording in the
Public Records of Pinellas County, Florida.
6.1.5 Allocation of Units from Hotel Density Reserve; Return of units to
the Reserve Pool. Covenant Regarding Use of Hotel Density Reserve Units.
Subject to the terms and conditions of this Agreement, the City hereby allocates
and grants to the Developer from the Hotel Density Reserve an additional 72 hotel
units to the Project Site in accordance with applicable law. In the event this
Agreement is terminated pursuant to Section 10 of this Agreement, or if any of the
units granted to the Developer from the Hotel Density Reserve are not constructed
in conjunction with the Project approved by FLD2009-03013 and in accordance
with Paragraph 6.1.3.2, or if any units or the Project fail to meet and maintain the
criteria for Hotel Density Reserve Units contained in the City of Clearwater
Ordinanace No. 7925-08, said units shall be returned to the Hotel Density Reserve
and be unavailable to the Developer for use on the Project, pursuant to Beach by
Design. Prior to the issuance of the Certificate of Occupancy for the Project, the
Developer agrees to execute and record a Covenant in the Public Records of
Pinellas County, Florida restricting the Hotel Density Reserve Units in perpetuity
to the use approved by FLD2009-03013 and by this Agreement.
6.1.6 Transient Use. Occupancy in the overnight accommodation units
from the hotel density is limited to a term of less than one (1) month or thirty (30)
consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a
fractional share unit from owning a period of time greater than thirty (30) days,
provided every occupancy is limited to not more than thirty (30) consecutive days
or one (1) month.
6.2 Obligations of the City.
6.2.1 The City shall promptly process site and construction plan
applications for the Property that are consistent with the Comprehensive Plan and
the Concept Plan and that meet the requirements of the Code.
6.2.2 The final effectiveness of the re-designations referenced in Section
6.2.1 is subject to:
Attachment number 2
Page 5 of 21
6
6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as
they may govern such amendments; and
6.2.2.2 The expiration of any appeal periods or, if an appeal is filed,
at the conclusion of such appeal.
6.2.3 Upon adoption of this Agreement, the Project shall receive 72 units
from the Hotel Density Reserve as defined in Beach by Design.
SECTION 7. Public Facilities to Service Development. The following public
facilities are presently available to the Property from the sources indicated below.
Development of the Property will be governed by the concurrency ordinance provisions
applicable at the time of development approval unless otherwise provided by law. With
respect to transportation and other public infrastructure and services subject to
concurrency requirements, all applicable concurrency provisions for the proposed
development have been met.
7.1 Potable water is available from the City. The Developer shall be
responsible for all necessary main extensions and applicable connection fees.
7.2 Sewer service is currently provided by the City. The Developer shall be
responsible for all necessary main extensions and applicable connection fees.
7.3 Fire protection from the City.
7.4 Drainage facilities for the Property will be provided by the Developer at
the Developer's sole expense.
7.5 Transportation concurrency requirements have been met.
7.6 All improvements associated with the public facilities identified in
Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of
Occupancy.
7.7 The Developer is responsible for the payment of any required impact fees.
SECTION 8. Required Local Government Permits. The required local
government development permits for development of the Property include, without
limitation, the following:
8.1 Site plan approval(s) and associated utility licenses, access, and right-of-
way utilization permits;
8.2 Construction plan approval(s);
8.3 Building permit(s); and
Attachment number 2
Page 6 of 21
7
8.4 Certificate(s) of occupancy.
SECTION 9. Consistency. The City finds that development of the Property is
consistent with the terms of this Agreement and is consistent with the City
Comprehensive Plan and the Code.
SECTION 10. Termination.
If the Developer's obligations set forth in this Agreement are not followed in a timely
manner, as reasonably determined by the City Manager, after notice to the Developer and
an opportunity to be heard, existing permits shall be administratively suspended and
issuance of new permits suspended until the Developer has fulfilled its obligations.
Failure to timely fulfill its obligations may serve as a basis for termination of this
Agreement by the City, at the discretion of the City and after notice to the Developer and
an opportunity for the Developer to be heard.
SECTION 11. Other Terms and Conditions.
11.1 Except in the case of termination, until ten (10) years after the date of this
Agreement, the Property shall not be subject to down-zoning, unit density reduction, or
intensity reduction, unless the City has held a public hearing and determined:
11.1.1 That substantial changes have occurred in pertinent conditions
existing at the time of approval of this Agreement; or
11.1.2 This Agreement is based on substantially inaccurate information
provided by the Developer; or
11.1.3 That the change is essential to the public health, safety, or welfare.
SECTION 12. Compliance with Law. The failure of this Agreement to address
any particular permit, condition, term or restriction shall not relieve the Developer from
the necessity of complying with the law governing such permitting requirements,
conditions, terms or restrictions.
SECTION 13. Notices. Notices and communications required or desired to be
given under this Agreement shall be given to the parties by hand delivery, by nationally
recognized overnight courier service such as Federal Express, or by certified mail, return
receipt requested, addressed as follows (copies as provided below shall be required for
proper notice to be given):
If to the Developer: Decade Companies Income Properties
1355 Bishops Court, Ste 345
Brookfield, WI 53005
With Copy to: Keith Zayac & Associates
701 Enterprise Road East Ste 404
Safety Harbor, Florida 34695
Attachment number 2
Page 7 of 21
8
If to City: City of Clearwater, City Attorney
ATTN: Pamela Akin, Esq.
112 South Osceola Avenue
Clearwater, FL 33756
Properly addressed, postage prepaid, notices or communications shall be deemed
delivered and received on the day of hand delivery, the next business day after deposit
with an overnight courier service for next day delivery, or on the 3rd day following
deposit in the United States mail, certified mail, return receipt requested. The parties may
change the addresses set forth above (including the addition of a mortgagee to receive
copies of all notices), by notice in accordance with this Section.
SECTION 14. Assignments.
14.1 By the Developer:
14.1.1 Prior to the Commencement Date, the Developer may sell, convey,
assign or otherwise dispose of any or all of its right, title, interest and obligations
in and to the Project, or any part thereof, only with the prior written notice to the
City, provided that such party (hereinafter referred to as the "assignee"), to the
extent of the sale, conveyance, assignment or other disposition by the Developer to
the assignee, shall be bound by the terms of this Agreement the same as the
Developer for such part of the Project as is subject to such sale, conveyance,
assignment or other disposition.
14.1.2 If the assignee of the Developer's right, title, interest and
obligations in and to the Project, or any part thereof assumes all of the Developer's
obligations hereunder for the Project, or that part subject to such sale, conveyance,
assignment or other disposition, then the Developer shall be released from all such
obligations hereunder which have been so assumed by the assignee, and the City
agrees to execute an instrument evidencing such release, which shall be in
recordable form.
14.1.3 An assignment of the Project, or any part thereof, by the Developer
to any corporation, limited partnership, limited liability company, general
partnership, or joint venture, in which the Developer (or an entity under common
control with Developer) has either the controlling interest or through a joint
venture or other arrangement shares equal management rights and maintains such
controlling interest or equal management rights shall not be deemed an assignment
or transfer subject to any restriction on or approvals of assignments or transfers
imposed by this Agreement, provided, however, that notice of such assignment
shall be given by the Developer to the City not less than thirty (30) days prior to
such assignment being effective and the assignee shall be bound by the terms of
this Agreement to the same extent as would the Developer in the absence of such
assignment.
Attachment number 2
Page 8 of 21
9
14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of
the Developer's rights and obligations with respect to any one Parcel shall in any
way be obligated or responsible for any of the Developer's obligations with respect
to any other Parcel by virtue of this Agreement unless and until such assignee,
purchaser, sublessee or acquire has expressly assumed the Developer's such other
obligations.
14.1.5 Notwithstanding any other provision of this paragraph, the sale of
individual Interval Ownership Units in the ordinary course of business shall not be
subject to the requirements of this paragraph.
14.2 Successors and Assigns. The terms herein contained shall bind and inure to
the benefit of the City, and its successors and assigns, and the Developer and, as
applicable to the parties comprising Developer, their personal representatives, trustees,
heirs, successors and assigns, except as may otherwise be specifically provided herein.
SECTION 15. Minor Non-Compliance. The Developer will not be deemed to
have failed to comply with the terms of this Agreement in the event such noncompliance,
in the judgment of the City Manager, reasonably exercised, is of a minor or
inconsequential nature.
SECTION 16. Covenant of Cooperation. The parties shall cooperate with and
deal with each other in good faith and assist each other in the performance of the
provisions of this Agreement and in achieving the completion of development of the
Property.
SECTION 17. Approvals. Whenever an approval or consent is required under or
contemplated by this Agreement such approval or consent shall not be unreasonably
withheld, delayed or conditioned. All such approvals and consents shall be requested and
granted in writing.
SECTION 18. Completion of Agreement. Upon the completion of performance
of this Agreement or its revocation or termination, a statement evidencing such
completion, revocation or termination shall be signed by the parties hereto and recorded in
the official records of the City.
SECTION 19. Entire Agreement. This Agreement (including any and all
Exhibits attached hereto all of which are a part of this Agreement to the same extent as if
such Exhibits were set forth in full in the body of this Agreement), constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof.
SECTION 20. Construction. The titles, captions and section numbers in this
Agreement are inserted for convenient reference only and do not define or limit the scope
or intent and should not be used in the interpretation of any section, subsection or
provision of this Agreement. Whenever the context requires or permits, the singular shall
include the plural, and plural shall include the singular and any reference in this
Attachment number 2
Page 9 of 21
10
Agreement to the Developer includes the Developer's successors or assigns. This
Agreement was the production of negotiations between representatives for the City and
the Developer and the language of the Agreement should be given its plain and ordinary
meaning and should not be strictly construed against any party hereto based upon
draftsmanship. If any term or provision of this Agreement is susceptible to more than one
interpretation, one or more of which render it valid and enforceable, and one or more of
which would render it invalid or unenforceable, such term or provision shall be construed
in a manner that would render it valid and enforceable.
SECTION 21. Partial Invalidity. If any term or provision of this Agreement or
the application thereof to any person or circumstance is declared invalid or unenforceable,
the remainder of this Agreement, including any valid portion of the invalid term or
provision and the application of such invalid term or provision to circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected thereby and
shall with the remainder of this Agreement continue unmodified and in full force and
effect. Notwithstanding the foregoing, if such responsibilities of any party hereto are
thereby limited, to the extent that the purpose of this Agreement or the benefits sought to
be received hereunder are frustrated, such party shall have the right to terminate this
Agreement upon fifteen (15) days written notice to the other parties.
SECTION 22. Code Amendments. Subsequently adopted ordinances and codes
of the City which is of general application not governing the development of land shall be
applicable to the Property, and such modifications are specifically anticipated in this
Agreement.
SECTION 23. Governing Law. This Agreement shall be governed by, and
construed in accordance with the laws of the State of Florida without regard to the conflict
of laws principles of such state.
SECTION 24. Counterparts. This Agreement may be executed in counterparts,
all of which together shall continue one and the same instrument.
SECTION 25. Amendment. This Agreement may be amended by mutual
written consent of the City, the Developer, and the Association so long as the amendment
meets the requirements of the Act, applicable City ordinances, and Florida law.
IN WITNESS WHEREOF, the parties have hereto executed this Agreement the
date and year first above written.
In the Presence of:
______________________________ __________________________________
Print Name_____________________
______________________________
Attachment number 2
Page 10 of 21
11
Print Name_____________________
As to “Developer”
CITY OF CLEARWATER, FLORIDA
_______________________________ By: ____
Print Name:______________________ William B Home II,
City Manager
________________________________
Print Name_______________________
As to “City”
Attest:
__________________________________
Cynthia E. Goudeau, City Clerk
Countersigned:
__________________________________
Frank V. Hibbard, Mayor
Approved as to Form:
__________________________________
Leslie K. Dougall-Sides
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _____ day of
_______________, 2009, by _______________ He is [ ] personally known to me
or has [ ] produced _________________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
Attachment number 2
Page 11 of 21
12
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ______ day of
____________________, 2009, by WILLIAM B. HORNE, II, as City Manager of the
City of Clearwater, Florida, who is [ ] personally known to me or who has [ ]
produced _____________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expire
Attachment number 2
Page 12 of 21
13
EXHIBIT “A”
Legal Description of Project Site
Attachment number 2
Page 13 of 21
14
EXHIBIT “B”
Site and Building Plans
Attachment number 2
Page 14 of 21
15
EXHIBIT “C”
COVENANT REGARDING HURRICANE EVACUATION
And DEVELOPMENT, USE AND OPERATION
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the
_____ day of _________________, 2009, by Decade Companies Income Properties ("Developer").
Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto
and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has
amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District
pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of “Beach by
Design,” a plan for the revitalization of Clearwater Beach.
The designation of Clearwater Beach as a Community Redevelopment District (the "Designation")
provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-sized
quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to
compliance with a series of performance standards, including a requirement that resorts containing a hotel
developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such resorts as soon
as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The
purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance of the period of time
when a hurricane evacuation would be expected in advance of the approach of hurricane force winds.
The City has granted, by City Council Resolution __________, passed and approved on ____________,
20___, Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to
Developer's compliance with the requirements of the Designation. Developer desires for itself, and its
successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect
to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of
the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and
responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real
Property.
THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and
performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other
good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares,
covenants and agrees as follows:
1. Benefit and Enforcement. These covenants and restrictions are made for
the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the benefit
of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City.
2. Covenant of Development, Use and Operation. Developer hereby covenants and agrees to the
development, use and operation of the Real Property in accordance with the provisions of this Declaration.
2.1 Use. The use of the resort on the Real Property is restricted as follows:
2.1.1 A maximum of Seventy-Two units, which is the number of hotel units allocated to
Developer, shall be used solely for transient occupancy of one month or thirty (30) consecutive
Attachment number 2
Page 15 of 21
16
days or less, must be licensed as a public lodging establishment and classified as a hotel, and
must be operated by a single licensed operator of the hotel. No such hotel unit shall be used as a
primary or permanent residence.
2.1.2 All other 36 units shall be licensed as a public lodging establishment. No unit shall be used
as a primary or permanent residence.
2.1.3 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel,"
"time share," and "operator" shall have the meaning given to such terms in Chapter 509, Part I,
Florida Statutes (2004).
2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be
closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which
hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency
and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable
following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the,
terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions
of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which
precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees
will be evacuated in advance of the issuance of a forecast of probable landfall.
3 Effective Date. This Declaration shall become effective upon issuance of
all building permits required to build the project ("Project") and Developer's commencement of construction of
the Project, as evidence by a Notice of Commencement for the Project. This Declaration shall expire and
terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated.
4 Governing Law. This Declaration shall be construed in accordance with
and governed by the laws of the State of Florida.
5 Recording. This Declaration shall be recorded in the chain of title of the
Real Property with the Clerk of the Courts of Pinellas County, Florida.
6 Attorneys' Fees. Developer shall reimburse the City for any expenses,
including reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it
is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether
by agreement of the parties or through order of a court of competent jurisdiction.
7 Severability. If any provision, or part thereof, of this Declaration or the
application of this Declaration to any person or circumstance will be or is declared to any extent to e invalid or
unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any
person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration
shall be valid and enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, Developer has caused this Declaration to be executed this _____ day of
______________, 2009.
In the Presence of:
______________________________ __________________________________
Print Name_____________________ _____________________________
Attachment number 2
Page 16 of 21
17
______________________________
Print Name_____________________
As to “Developer”
CITY OF CLEARWATER, FLORIDA
_______________________________ By: ____
Print Name:______________________ William B Home II,
City Manager
________________________________
Print Name_______________________
As to “City”
Attest:
__________________________________
Cynthia E. Goudeau, City Clerk
Countersigned:
__________________________________
Frank V. Hibbard, Mayor
Approved as to Form:
__________________________________
Leslie K. Dougall-Sides
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _____ day of _______________, 2009, by
_______________ He is [ ] personally known to me or has [ ] produced
_________________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
Attachment number 2
Page 17 of 21
18
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ______ day of ____________________,
2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally
known to me or who has [ ] produced _____________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
Attachment number 2
Page 18 of 21
19
EXHIBIT “D”
COVENANT OF UNIFIED USE
PLEASE RETURN RECORDED DOCUMENT TO:
__________________________________________
__________________________________________
_________________________________________
COVENANT OF UNIFIED USE
THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this _____ day of
_____________, 2009, by __________________________________("Developer").
WITNESSETH:
WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached
hereto and incorporated herein by reference (the "Real Property"); and
WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain
Development Agreement dated ___________, 2009 (the "Development Agreement"), pursuant to which the
City has agreed that Developer may develop and construct upon the Real Property a hotel project as described
in the Development Agreement (the "Project"); and
WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more
particularly described in this Agreement.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that,
effective as of the date on which Developer receives all permits required to construct the Project and Developer
commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property
shall be developed and operated as a hotel and fractional share/interval ownership project, as described in the
Development Agreement. The restrictions set forth in the preceding sentence shall expire automatically when
and if Developer's allocation of additional hotel units (as defined in the Development Agreement) expires or is
terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's
ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions
thereof to unrelated third-parties. Further, nothing in this Agreement shall preclude the purchase and sale of one
or more Fractional Share Units to be constructed as a part of the Project (the "Fractional Ownership") (or Hotel
Units (as defined in the Development Agreement) if sold in a condominium form of ownership), to separate,
unrelated third parties, provided that such Fractional Share Ownership or Hotel Units are operated and occupied
as part of the Project as a single unified project throughout the term of this Agreement. Developer agrees that
the City shall have the right to enforce the terms and conditions of this Agreement.
Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator and all
Fractional Share Units may be operated by a different, single management firm/operator.
IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this _____ day of
______________, 2009.
Attachment number 2
Page 19 of 21
20
In the Presence of:
______________________________ __________________________________
Print Name_____________________
______________________________
Print Name_____________________
As to “Developer”
CITY OF CLEARWATER, FLORIDA
_______________________________ By: ____
Print Name:______________________ William B Home II,
City Manager
________________________________
Print Name_______________________
As to “City”
Attest:
__________________________________
Cynthia E. Goudeau, City Clerk
Countersigned:
__________________________________
Frank V. Hibbard, Mayor
Approved as to Form:
__________________________________
Leslie K. Dougall-Sides
Assistant City Attorney
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _____ day of ______________, 2009, by
___________________________ He is [ ] personally known to me or has [ ] produced
_________________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
Attachment number 2
Page 20 of 21
21
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this ______ day of ____________________,
2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally
known to me or who has [ ] produced _____________________________ as identification.
__________________________________
Notary Public
Print Name:_________________________
My Commission Expires:
Attachment number 2
Page 21 of 21
ATTACHMENT A
HOLIDAY INN EXPRESS LEGAL DESCRIPTION
NORTH PARCEL LEGAL DESCRIPTION:
Begin at the Southwest corner of Water Lot 1, CITY PARK SUBDIVISION, according
to map or plat thereof as recorded in Plat Book 23, Page 37, of the Public Records of
Pinellas CITY, Florida; run thence West along the East-West Center Line of Section 8,
Township 29 South, Range 15 East, 15 feet to the POINT OF BEGINNING; thence
South 5°32'30" West along East right-of-way line of Coronado Drive 16.26 feet; thence
South 84°27'30" East, 100 feet; thence North 5°32'30" East, 78.06 feet; thence
Northwesterly along existing concrete seawall 113.38 feet, more or less; thence South
6°10'00" West, 82.63 feet; thence South 4°25'11" East, 25.74 feet to the Point of
Beginning.
AND:
Begin at the Southwest corner of Water Lot 1 of CITY PARK SUBDIVISION, as
recorded in Plat Book 23, Page 37, Public Records of Pinellas CITY, Florida; and run
thence West along the East and West Center Line of Section 8, Township 29 South,
Range 15 East, 15 feet to the Easterly line of Coronado Drive; thence South 5°32'30"
West, 16.26 feet, for the POINT OF BEGINNING; thence continue South 5°32'30" West,
100 feet to the Northerly line of First Avenue; thence South 84°27'30" East, 100 feet
along the Northerly line of First Avenue; thence North 5°32'30" East, 100 feet; thence
North 84°27'30" West, 100 feet to the Point of Beginning.
SOUTH PARCEL LEGAL DESCRIPTION:
The North 100 feet of the West 110 feet of Lot 1, Block B
COLUMBIA SUBDIVISION according to the map or plat thereof
as recorded in Plat Book 23, Page 60 Public Records of Pinellas
County, Florida.
Attachment number 3
Page 1 of 1
Attachment number 4
Page 1 of 1
GULFVIEW
CORONADO
WATER
BAYSIDE
ST
HA
MDE
N
BRIGHT
DR
DR
FIFTH
DEVO
N
ST
AVE
BlvdCauseway
DR
DR
ST
ST
MANDALAY
POINSETTIA
PAPAYA
BAYMONT
SAN MARCO
AVE
DR
EAST
DR
ST
SHORE
BLVD
THIRD
FIRST
M arin a
DOLPHIN
W a
S
R
-
6
0
Pier 60
SECOND
ST
S.
PROJECT
SITE
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
LOCATION MAP
Owner:
Decade Companies Income Properties Cases: FLD2009-03013
DVA2009-00001
Site:
101 Coronado Drive (including 105
Coronado Drive and 35 Devon Drive)
Property Size: 0.72 acres
PIN: 08-29-15-15606-000-0141
08-29-15-00000-320-0200
08-29-15-17550-002-0012
Atlas Page: 267A & 276A
Attachment number 8
Page 1 of 1
35 59
59
60
60
70
35
35
70
35
70
17550
A
1
2
3
4
5
6
7
8
9
10
11
12
1
44 45 46 47 90 91 92 93
48 49 5051 94 95 96 97
98
99
100
102
103
104
52
53
54
55
56
57
105
106
101
59
58
59
59
59
74
70
57.8
106
15606
1
11
1213
(14)
WATER LOT 1
GOVT LOT 3
GOVT LOT 4
SEE PLAT FOR DIMENSIONS*
SEE SE07-29-15 FOR PARCEL INFO
60
60
50
50
50
70
60
60
60
17550
17568
B
1
2
3
1
2
1 2
4
2
3
4
5
6
7
8
9
10
11
12
13 14
4445
46
47
48
49
50
51
52
53
1100
100
100
178.84
101.68
4 5 .9 4128
1
1
5
.
2
4
78.4
104.21
1
2
9
.
0
6
SEE SE07-29-15 FOR PARCEL INFO
12
1
1
1
1
DEVON DR
HAMDEN DR CORONADO DR FIRST ST
THIRD ST
T
P
I
OS/R
P
LMDR
45
25
94
40
98
213
124
229
230
115
135
130
301
230
224
202
101
132
229
251
128
228
120
221
136
301
119
217
218
121
150
216
129
201
112
117
212
125
109
116
1 0 0
131
134
300
300
110
180 Adm.
160 Atta
170 Rest
T
1
37
88
35
41
90102
304
215
207
101
100
305
100
101
225
219
127
105
209LDCTR
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
ZONING MAP
Owner:
Decade Companies Income Properties Cases: FLD2009-03013
DVA2009-00001
Site:
101 Coronado Drive (including 105
Coronado Drive and 35 Devon Drive)
Property Size: 0.72 acres
PIN: 08-29-15-15606-000-0141
08-29-15-00000-320-0200
08-29-15-17550-002-0012
Atlas Page: 267A & 276A
Attachment number 9
Page 1 of 1
35 59
59
60
60
70
35
35
70
35
70
17550
A
1
2
3
4
5
6
7
8
9
10
11
12
1
44 45 46 47 90 91 92 93
48 49 5051 94 95 96 97
98
99
100
102
103
104
52
53
54
55
56
57
105
106
101
59
58
59
59
59
74
70
57.8
106
15606
1
11
1213
(14)
WATER LOT 1
GOVT LOT 3
GOVT LOT 4
SEE PLAT FOR DIMENSIONS*
SEE SE07-29-15 FOR PARCEL INFO
60
60
50
50
50
70
60
60
60
17550
17568
B
1
2
3
1
2
1 2
4
2
3
4
5
6
7
8
9
10
11
12
13 14
4445
46
47
48
49
50
51
52
53
1100
100
100
178.84
101.68
4 5 .9 4128
1
1
5
.
2
4
78.4
104.21
1
2
9
.
0
6
SEE SE07-29-15 FOR PARCEL INFO
12
1
1
1
1
DEVON DR
HAMDEN DR CORONADO DR FIRST ST
THIRD ST
45
25
94
40
98
213
124
229
230
115
135
130
301
230
224
202
215
132
229
251
128
120
221
136
301
119
217
218
121
150
216
129
201
112
117
212
125
109
116
1 0 0
131
134
300
110
180 Adm.
1
37
88
35
41
90102
304
101
207
101
100
228
305
100
101
225
219
127
105
300
209LDCTR
160 Atta
170 Rest
-N
o
t
t
o
S
c
a
l
e
-
-N
o
t
a
S
u
r
v
e
y
-
EXISTING
Owner:
Decade Companies Income Properties Cases: FLD2009-03013
DVA2009-00001
Site:
101 Coronado Drive (including 105
Coronado Drive and 35 Devon Drive)
Property Size: 0.72 acres
PIN: 08-29-15-15606-000-0141
08-29-15-00000-320-0200
08-29-15-17550-002-0012
Atlas Page: 267A & 276A
City
Marina
Pier 60
Overnight
Accom
Overnight
Accommodations
Overnight
Accommodations
Overnight
Accommodations
Overnight
Accommodations
Overnight
Accommodations
Detached
Dwellings
Detached
Dwellings
Detached
Dwellings
Detached
Dwellings
Detached
Dwellings
Temporary
City Parking
Lot
Temporary
City Parking
Lot
Beach
Beach
Beach
City
Parking
Lot Retail
Sales
Attachment number 10
Page 1 of 1
Resolution No. 09-23
RESOLUTION NO. 09-23
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CLEARWATER AND DECADE
COMPANIES INCOME PROPERTIES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater is desirous of entering into a development
agreement with Panorama on Clearwater Beach, LLC; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The Development Agreement between the City of Clearwater and
Decade Companies Income Properties, a copy of which is attached as Exhibit “A,” is
hereby approved.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _______ day of _____________, 2009.
____________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ _____________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 11
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8071-09 on second reading, annexing certain real property whose post office address is 2382 Dora Drive 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
Ordinance No. 8071-09
ORDINANCE NO. 8071-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF DORA DRIVE APPROXIMATELY 210 FEET
SOUTH OF LORENA LANE, CONSISTING OF LOT 13, ROLLING
HEIGHTS, WHOSE POST OFFICE ADDRESS IS 2383 DORA
DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY 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:
Lot 13, Rolling Heights, according to the map or plat thereof as recorded in Plat
Book 43, Page 1, Public Records of Pinellas County, Florida. (ANX2009-04008)
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.
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: Attest:
___________________________ ____________________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Adopt Ordinance 8072-09 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 2382 Dora Drive, upon annexation into the City of
Clearwater, as Residential Low (RL).
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8072-09
ORDINANCE NO. 8072-09
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 SOUTH SIDE OF
DORA DRIVE APPROXIMATELY 210 FEET SOUTH OF
LORENA LANE, CONSISTING OF LOT 13, ROLLING
HEIGHTS, WHOSE POST OFFICE ADDRESS IS 2383
DORA DRIVE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the
comprehensive plan of the City as set forth in this ordinance is found to be reasonable,
proper and appropriate, and is consistent with the City's comprehensive plan; now,
therefore,
BE IT ORDAINED BY THE CITY 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
Lot 13, Rolling Heights, according to the map Residential Low (RL)
or plat thereof as recorded in Plat Book 43, Page 1,
Public Records of Pinellas County, Florida.
(ANX2009-04008)
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. 8071-09.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
__________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ __________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Adopt Ordinance No. 8073-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post
office address is 2382 Dora Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR).
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Ordinance No. 8073-09
ORDINANCE NO. 8073-09
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY ZONING CERTAIN REAL PROPERTY LOCATED ON
THE SOUTH SIDE OF DORA DRIVE APPROXIMATELY
210 FEET SOUTH OF LORENA LANE, CONSISTING OF
LOT 13, ROLLING HEIGHTS, WHOSE POST OFFICE
ADDRESS IS 2383 DORA DRIVE, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS LOW MEDIUM
DENSITY RESIDENTIAL (LMDR); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification 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 Zoning District
Lot 13, Rolling Heights, according to the map or Low Medium Density
plat thereof as recorded in Plat Book 43, Page 1, Residential
Public Records of Pinellas County, Florida. (LMDR)
(ANX2009-04008)
Section 2. The City Engineer is directed to revise the zoning atlas of the City in
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 8071-09.
PASSED ON FIRST READING ___________________________
PASSED ON SECOND AND FINAL ___________________________
READING AND ADOPTED
_______________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ______________________________
Leslie K. Dougall-Sides Cynthia E. Goudeau
Assistant City Attorney City Clerk
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Amend Section 2.263(1), Code of Ordinances, to provide for no salary increase for the mayor and councilmembers in 2010 and pass
Ordinance 8087-09 on first reading.
SUMMARY:
The salaries of the City Council are set forth in Section 2.263(1), along with provisions for annual cost of living increases. The Council
has determined that they do not wish to receive cost of living increases this year.
Ordinance 8087-09 amends Section 2.263(1) to allow the mayor and councilmembers to forego automatic cost of living increases in
2010.
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Clerk
Cover Memo
Ordinance no. 8087-09
ORDINANCE NO. 8087-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING SECTION 2.263(1), CLEARWATER CODE OF
ORDINANCES TO PROVIDE FOR NO SALARY INCREASE FOR THE
MAYOR AND COUNCIL MEMBERS IN JANUARY 2010; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that there should be no increases to their
salaries in the Fiscal Year ending September 30, 2010; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 2.263(1), Clearwater Code of Ordinances is here by amended as
follows:
Sec. 2.263. Compensation and expenses of mayor-commissioner and
councilmemberscommissioners.
(1) Commencing in 2000, tThe mayor-commissioner shall receive an annual salary of
$18,000.00 to be paid in prorated bi-weekly amounts. Each city councilmember commissioner
shall receive an annual salary of $15,000.00 to be paid in prorated bi-weekly amounts.
Commencing on March 15, 2001, and every January thereafter, the salaries of the
mayor-commissioner and councilmembers commissioners shall be adjusted by the same
percentage as the annual social security cost-of-living adjustment or by two percent, whichever
is greater. Notwithstanding the above, the salaries of the mayor and councilmembers shall not
be increased in January 2010.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING _____________________
PASSED ON SECOND AND FINAL _____________________
READING AND ADOPTED
___________________________
Frank V. Hibbard
Mayor
Approved as to form: Attest:
__________________________ ____________________________
Pamela K. Akin Cynthia E. Goudeau
City Attorney City Clerk
Attachment number 1
Page 1 of 1
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Amend Resolution 97-43 to allow naming portions of recreation facilities to honor individuals and adopt Resolution 09-31.
SUMMARY:
The City Council desires to revise the policy and procedure for naming City parks and permit naming portions of City recreation
facilities in honor of individuals.
Resolution 09-31 amends the policies and procedures for naming parks and recreational facilities to permit the naming of portions of
parks or facilities to be named in honor of individuals.
Type:Other
Current Year Budget?:None Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:Annual Operating Cost:
Not to Exceed:Total Cost:
For Fiscal Year: to
Review Approval:1) Office of Management and Budget 2) Legal 3) Clerk 4) Clerk
Cover Memo
Resolution 09-31
RESOLUTION NO. 09-31
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING RESOLUTION 97-43, THE
POLICY AND PROCEDURE FOR NAMING NEW
CITY PARKS; TO PERMIT NAMING PORTIONS OF
CITY RECREATION FACILITIES IN HONOR OF
INDIVIDUALS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to revise the policy and procedure for
naming City parks and permit naming portions of City recreation facilities in honor
of individuals; and
WHEREAS, the current policy and procedure was established by
Resolution 94-12 adopted January 18, 1994 and amended by Resolution 97-43
adopted July 17, 1997; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. That Section 1 of Resolution 97-43 is hereby amended as
follows:
(a) Any person recommending a name for a park or a portion of a
recreation facility will first complete a form “Proposal for Park or Facility Name,”
to be provided by the Parks and Recreation Department. Each proposal shall be
submitted to the Parks and Recreation Board.
(b) The Parks and Recreation Board will not consider any requests to
rename existing parks unless so requested by motion of the City Council
Commission.
(c) The Board will not consider any requests to name recreation
facilities such as tennis courts, basketball courts, or ballfields, that are located
within parks.
(cd) Each park or facility or portion of a facility to be named will be
evaluated on the following criteria:
• Neighborhood homeowners associations will be contacted when
considering names for parks or facilities located in their
neighborhoods.
• Persons serving on the Parks and Recreation Board, another City
board, or on the City Council Commission will not be eligible to have a
park or facility named after them during their tenure of office.
Attachment number 1
Page 1 of 2
Resolution No. 09-31 2
• Ordinarily, parks will be named after subdivisions, geographic
locations, or streets.
• In the event the park property is donated, the donor will be allowed the
privilege of submitting a preference for a name.
• Parks or facilities may be named in honor of an individual; however,
this should occur only on rare occasions and the individual should
have given lengthy civic service to the City of Clearwater community,
and that individual should be of local importance rather than of state or
national prominence.
(de) A survey may be required of homeowners living around the park to
receive their opinion of a proposed name.
(ef) The Parks and Recreation Board will conduct an advertised public
hearing for each proposal.
(fg) Based on the criteria contained in Paragraph (c) and on information
received from the public hearing, the Parks and Recreation Board shall formulate
a recommendation on the proposed name and shall provide the recommendation
to the City Council Commission for a final decision.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this _______ day of _____________, 2009.
____________________________
Frank V. Hibbard, Mayor
Approved as to form: Attest:
__________________________ _____________________________
Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk
Attachment number 1
Page 2 of 2
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Authorize settlement of The Complete Angler, LLC, et al. v. City of Clearwater, a first amendment case, in the amount of $55,000.00,
and authorize the City Manager to execute the Consent Judgment and Settlement Agreement. (consent)
SUMMARY:
The Complete Angler and its business owners filed suit in federal Court alleging that portions of the City's sign code, facially and as
applied, violated their first amendment rights by improper content-based regulation and sought injunctive and
declaratory relief, damages and attorneys' fees under the Civil Rights Act. Following hearing, on April 9, 2009, Judge Whittemore
entered an Order Granting Plaintiffs' Motion for Preliminary Injunction, finding that the application of the sign code to Plaintiffs' fish
painting and banner was unconstitutional and did not withstand strict scrutiny. The Court enjoined the City from compelling removal of
the fish painting or banner and from citing violations of certain Code sections in connection with them. Since one of the criteria for
granting of a preliminary injunction is the likelihood of eventual success on the merits at trial, it is thought there is a good chance that
Plaintiffs will be successful if the case continues.
The terms of the proposed settlement are:
The City will pay $55,000.00 to Plaintiffs;
Plaintiffs will dismiss the federal case;
The City will allow the fish painting and banner to remain and will not cite the listed Code sections in connection with either [it is staff's
understanding that the banner has been removed];
Plaintiffs may complete the fish painting;
Plaintiffs release the City, and its employees and agents in the course and scope of their official employment duties, from any claims;
The City Manager is authorized to execute a Consent Judgment and Settlement Agreement memorializing the settlement terms and the
parties will submit it to the Court for entry of a Final Consent Order.
Funding is available in the Central Insurance Fund operating budget for the settlement cost.
Type:Other
Current Year Budget?:Yes Budget Adjustment:None
Budget Adjustment Comments:
Current Year Cost:$55,000 Annual Operating Cost:
Not to Exceed:Total Cost:$55,000
For Fiscal Year:2009 to 2010
Appropriation Code Amount Appropriation Comment
590-07000-545900-519-000-
0000
$55,000
Review Approval:1) Office of Management and Budget 2) Legal 3) Office of Management and Budget 4) Legal 5) Clerk 6) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Continue to September 3, 2009 the second reading of TA2009-01002.
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
City Manager Verbal Reports
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Problematic Uses - Councilmember Gibson
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Proposed amendment to Temporary Use Ordinanace
SUMMARY:
Review Approval:1) Clerk
Cover Memo
J
Attachment number 1
Page 1 of 7
cc
Attachment number 1
Page 2 of 7
J
s
Attachment number 1
Page 3 of 7
c
Attachment number 1
Page 4 of 7
J
s
Attachment number 1
Page 5 of 7
c
s
s J
J
y
y
JJ
J
Attachment number 1
Page 6 of 7
Attachment number 1
Page 7 of 7
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Other Council Action
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Clearwater Neighborhoods Coalition - Citizens Guide to Code Enforcement
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Home of the Quarter, Business of the Quarter, and Neighborhood of the Quarter
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Proclamation: Making a Difference Fishing Tournament Day
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
Proclamation: United States Coast Guard Week in Clearwater in recognition of 219th birthday.
SUMMARY:
Review Approval:1) Clerk
Cover Memo
Work Session
Council Chambers - City Hall
Meeting Date:8/3/2009
SUBJECT / RECOMMENDATION:
US Highway 19 Presentation by Scott Collister, District Director for Transportation Development, Florida Department of
Transportation
SUMMARY:
Review Approval:1) Clerk
Cover Memo