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12/16/2010 - City Council Agenda Location: Council Chambers - City Hall Date: 12/16/2010- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Service Awards Attachments 4.2 Turkey Trot Presentation Attachments 5. Approval of Minutes 5.1 Approve the minutes of the December 2, 2010 City Council Meeting as submitted in written summation by the City Clerk. B Attnchmentc 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Approve the City of Clearwater's Fiscal Year 2009-2010 Consolidated Annual Performance and Evaluation Report (CAPER). AttnchmPntc 7.2 Approve the applicant's request to vacate the north - south alleyway lying within Block 1, E.P. Merritt's Addition (aka 606 Seminole Street and 607 Nicholson Street) and approve Ordinance 8225-10 on first reading. (VAC2010-06 Jimmie, First M Corporation and Jehudah LTD Partnership). Attachments 7.3 Declare as surplus the 10-foot wide portion of Lots 103 through 107, inclusive, Lloyd-White-Skinner Subdivision, as conveyed to the City by Special Warranty Deed recorded in O. R. Book 15057, Page 2479, Public Records of Pinellas County, Florida, in compliance with Section 2.01(d)(5) of the City Charter; adopt Resolution 10-30 dedicating same as Coronado Drive public right-of-way, and authorize the appropriate officials to execute same. Attachments 7.4 Approve the Annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1605 Sherwood Street (Lot 2, Block 13, Highland Pines 2nd addition in Section 11, Township 29 South, Range 15 East) and pass Ordinances 8228-10, 8229-10 and 8230-10 on first reading. (ANX2010-09010) Attachments 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 8231-10 on second reading, vacating the South 10 feet of the 20-foot utility easement described as beginning at a point 10 feet West of the Southeast corner of Lot 8, Block B-2, Maryland Subdivision, as recorded in Plat Book 15, Page 25 of the Public Records of Pinellas County, Florida, thence West along the South property line of Lot 8 and Lot 7 in said Block B-2 a distance of 60 feet; thence South for a distance of 20 feet; thence East along and parallel to the South boundary of Lots 7 and 8 of Block B-2 a distance of 60 feet; thence North 20 feet to the Point of Beginning. Attachments 8.2 Adopt Ordinance 8232-10 on second reading, vacating the North 5 feet of the 15-foot drainage and utility easement lying along the South property line of Lot 8, Block 46A, Mandalay Subdivision, as recorded in Plat Book 14, Page 32 of the Public Records of Pinellas County, Florida, less the West 5 feet thereof, subject to the applicant granting a private easement satisfactory to Progress Energy Corporation prior to the issuance of a building permit, said easement to be granted within 6 months of the date of adoption of this ordinance or the vacation will be rendered null and void. Attachments 8.3 Adopt Ordinance 8233-10 on second reading, authorizing the City to permit and implement the use of traffic infraction detectors for red light infractions pursuant to state law and providing for administration and enforcement. Attachments City Manager Reports 9. Consent Agenda 9.1 Award a contract (purchase order) to Fisher Scientific, Atlanta, Georgia, in an amount not to exceed $294,507.53 for the purchase of personal protective equipment (PPE), in accordance with Sec. 2.564(b), Code of Ordinances - Sole source for City standardized equipment and authorize the appropriate officials to execute same. (consent) Attachments 9.2 Authorize the Fire Chief to sign the World Trade Center Steel Transfer Agreement and accept a piece of steel from the Port Authority of New York and New Jersey, located at John F. Kennedy International Airport, Hangar 17. (consent) Attachments 9.3 Authorize acceptance of the Florida Energy and Climate Commission grant in the amount of $450,000.00 for the enlargement of the Gate Valve Site located on Hercules Avenue for the Compressed Natural Gas Vehicle Fueling Station, Project Code 315-96387, and authorize the appropriate officials to execute same. (consent) Attachments 9.4 Award a contract to Wise Gas, Inc. in the amount of $1,645,763 to construct a compressed natural gas refueling station; approve the transfer of funds in the amount of $1,450,000 from project 315-96386 to 315-96387; approve the associated transfer of land from the Airpark enterprise fund to the Gas System enterprise fund for the estimated current market value of $104,548.80; and authorize the appropriate officials to execute same. (consent) B Attachments 9.5 Approve a contract (purchase order) with Extensys, Inc., Palm Harbor, Florida, in the amount of $219,800 for the acquisition of Storage Area Network (SAN), in accordance with Sec. 2.561 (10 (d), Code of Ordinances - Florida State Contract; authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) Attachments 9.6 Ratify and confirm award of an emergency contract to R.E. Purcell Construction Co., Inc. of Largo, Florida for emergency runway repairs at the Clearwater Airpark for the total price of $123,819. (consent) Attachments 9.7 Approve a blanket purchase order to Earth Designs, of Clearwater, Florida, in the amount of $209,892 for landscape maintenance throughout the City during the contract period January 1, 2011 through December 31, 2011, which is the lowest responsible bid in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) Attachmentc 9.8 Approve the purchase of turf maintenance equipment and clubhouse equipment from Clearwater Country Club Management, Inc. (CCCM) for $159,450; funded with a $50,000 credit from CCCM and $109,450 from unappropriated retained earnings of the General Fund. (consent) Attachments 9.9 Approve the Third Amendment to License Agreement between the City of Clearwater, Florida and Alexandra of Clearwater Beach, Inc. (Alexandra), adding five years to the term of the Agreement in exchange for the maintenance of the public restrooms in Pier 60 Park and authorize the appropriate officials to execute same. (consent) Attachments 9.10 Approve an agreement with Religious Community Services, Inc. (RCS) for provision of contractual victim advocacy services in the amount of $17,149, for period January 1, 2011 through December 31, 2011, and authorize the appropriate officials to execute same. (consent) Attachments 9.11 Approve an agreement between the City of Clearwater and the United States Coast Guard Auxiliary, Flotilla 11-1, to utilize space located at 645 Pierce Street on an intermittent basis for the period of January 1, 2011 through December 31, 2011 and authorize the appropriate officials execute same. (consent) Attachments 9.12 Award a contract (purchase order) to DGG TASER and Tactical Supply of Jacksonville, Florida, for the purchase of 128 Advanced TASER X26 electronic control devices, in the amount of $129,206.95; declare 128 Advanced TASER M26 tasers surplus to the needs of the City and authorize disposal through trade- in, in accordance with Sec 2.564 (1)(d) - Florida State Contract; and authorize the appropriate officials to execute same. (consent) Attachments 9.13 Award a contract (purchase order) to Contender Boats Incorporated, located in Homestead, Florida, per written quote, for a Contender 23 Open, equipped with a Yamaha F250 Outboard and Ameritrail trailer, in the amount of $47,991.38, for the period of December 1, 2010 through December 31, 2011 and authorize the appropriate officials to execute same. (consent) Attachments 9.14 Award a contract (Purchase Order) for $179,977.00 to Duval Ford of Jacksonville, FL for 7 Ford Crown Victoria Police Cruisers in accordance with Sec 2.564(1)(d), Code of Ordinances - Other governmental bid and authorize the appropriate officials to execute same. (consent) Attachments 9.15 Award a Contract (Purchase Order) for $225,264.00 to Container Systems and Equipment Co., Inc. of Daytona Beach, FL for one 2011 Crane Carrier LET2 chassis with Loadmaster Excel-S 25 cu. yd. rear loader, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid, authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) Attachments 9.16 Accept a Sidewalk and Utilities Easement over, under, across and through portions of Lots 1, 2 and 3, Clearwater Heights Subdivision, as more particularly described therein, conveyed by R. C. Lawler, Inc., a Florida corporation, granted in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) Attachments 9.17 Grant and convey to Florida Power Corporation, doing business as Progress Energy Florida, Inc., a Florida corporation, a 10-foot wide Distribution Easement being situate within Glen Oaks Park, lying and extending adjacent to the west right-of-way line of Evergreen Avenue between Druid Road and the northerly right-of-way line of Turner Street, in consideration of the mutual benefits, covenants and conditions contained therein, and authorize the appropriate officials to execute same. (consent) Attachments 9.18 Award a contract (Purchase Order) to RTD Construction of Zephyrhills, Florida, in the amount of $1,651,067.55, for construction of the Pump Station Replacement at Marshall Street (WRF Project 09- 0028-UT), which is the lowest responsible bid received in accordance with the plans and specifications for this project; approve a Work Order in the amount of $109,075.00 to Jones Edmunds and Associates, Inc., an Engineer-of-Record for the City of Clearwater, to provide Construction Engineering and Inspection (CEI) Services; and authorize the appropriate officials to execute same. (consent) Attachments 9.19 Approve First Amendment to the Cooperative Funding Agreement between Southwest Florida Water Management District (SWFWMD) and the City of Clearwater for the Chautauqua/Coachman Ridge Reclaimed Water Project (L810) and authorize the appropriate officials to execute same. (consent) Attachments 9.20 Award a contract (Purchase Order) to Reynolds Inliner, LLC, Sanford, FL, in the amount of $1,197,157.50 for the cleaning, video inspection and point repair or full reconstruction of storm sewer lines by the installation of a Resin Impregnated Cured in Place Pipe (RICIPP) lining at various locations throughout the City of Clearwater and authorize the appropriate officials to execute same. (consent) Attachments 9.21 Appoint Terrence Gourdine as the Local Business representative and Councilmember George N. Cretekos as the City Council representative to the Sister Cities Advisory Board with terms to expire December 31, 2014. (consent) Attachments 10. Other Items on City Manager Reports 10.1 Approve Assignment and Assumption Agreement for external auditing services, with Kirkland, Russ, Murphy and Tapp (assignor) to audit firm of Mayer Hoffman McCann P.C. (assignee), for fiscal years ending September 30, 2010 thru 2014, and authorize the appropriate officials to execute same. Attachments 10.2 Award a contract (purchase order) to Musco Sports Lighting, LLC of Clermont, FL for the installation and service of sports field lighting equipment at various city athletic facilities, at a cost of $1,348,000, based on Clay County Bid 08/09-3; establish Project 315-93620 (Sports Field Lighting); authorize transfer of $1,348,000 from General Fund Reserves as a first quarter adjustment to the budget and authorize the appropriate officials to execute same. Attachments 10.3 Amend Section 22.59 of the City of Clearwater Code of Ordinances to allow for the sale, consumption or possession of alcohol on park property when permitted by an alcoholic beverage special events permit; Section 22.89 to allow for the sale and/or consumption of alcoholic beverages in the downtown Cleveland Street area; and Section 22.90 to allow for the consumption or possession, but not the sale of alcoholic beverages as defined in section 6.21 of the Clearwater Code of Ordinances, in certain areas depicted within an event venue diagram as required in the permit application process and pass Ordinance 8226-11 on first reading. Attachments 10.4 Approve 2011 State Legislative Package. Attachments 10.5 Approve 2011 Federal Legislative Package. Attachments Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 Frenchy's Restaurant Outdoor Seating Request Attachments 11.2 Morningside Traffic Calming Temporary Speed Tables Attachments 11.3 Crest Lake Park Attachments 12. Other Council Action 12.1 Approve MPO Reapportionment Plan and Adopt Resolution 10-31 Attachments 12.2 Use of Scanner Cards to Pay for Tennis Court Lighting - Cretekos 2 Attachments 13. Closing Comments by Mayor 14. Adjourn ?- Meeting Date: 12/16/20 10 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Service Awards SUMMARY: Five Years of Service Mark Snurr Solid Waste/General Services Travis Mouzon Solid Waste/General Services Ten Years of Service Beverly Ice Police Sherry Watkins Planning and Development Fifteen Years of Service Darnell Malone Parks and Recreation Lynne Priester Customer Service Steven Cook Parks and Recreation Elizabeth Pearce Parks and Recreation Twenty Years of Service Norma Matthews Parks and Recreation Twentv-Five Years of Service Veronica Hunt Police Gerald Wells Public Utilities Glenn Daniel Public Utilities Linda Ratcliffe Library Susan Stieben Police John Llauget Parks and Recreation Thirty Years of Service James Stephens Public Services Thirty-five Years of Service Linda Myers Finance Review Approval: 1) Clerk Cover Memo Item # 1 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Turkey Trot Presentation SUMMARY: Meeting Date: 12/16/20 10 Review Approval: 1) Clerk Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall Meeting Date: 12/16/20 10 SUBJECT / RECOMMENDATION: Approve the minutes of the December 2, 2010 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 3 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER December 2, 2010 Present: Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Patricia O. Sullivan - Board Reporter. Unapproved To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1. Call to Order - Mayor Frank Hibbard The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation - Councilniiartrfl, 5? r George N. Cry EreW ',cos 3. p .,f e'',W ,,iwnr Frank Hibbaxd,r? 4. Presentations - Given. 4.1 Deputy Chief Sandra Wilson Swearing-In The City Clerk administered the Oath of Office to Deputy Police Chief Sandra Wilson. 4.2 Habitat for Humanity Barbara Inman, Habitat for Humanity President, thanked the City for its support and presented plaques commemorating recent home dedications to 3 Clearwater families. 4.3 Turkey Trot Presentation - Continued to December 16, 2010. 4.4 Human Rights Week Proclamation -December 5-10,2010. 4.5 Annual Utilities We Care Fund Contribution - Jim Geary, Customer Service Director City Council 2010-12-02 1 Residents were encouraged to donate to the fund, which is used to assist paying utility bills for people experiencing temporary financial difficulties. 5. Approval of Minutes 5.1 Approve the minutes of the November 16, 2010 City Council Meeting as submitted in written summation by the City Clerk. It was recommended that the fifth to last paragraph of Item 11.2 be amended to read, "The City Manager was directed to review the staffing levels within the board reporting section against the need to provide minutes for advisory board public meetings." Councilmember Bill Jonson moved to approve the minutes of the November 16, 2010 City Council Meeting as amended. The motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on i genda Gregg Pound said his organization's signs were unjustly removed during the Turkey Trot by a Clearwater Police Officer and requested they be returned. Matthew Leffler opposed adding fluoride to Clearwater's drinking water. Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 7.1 Approve the recomr?iencled Penri d'c Pinellas project list, as revised, for fiscal years 2010/2011 thMU_ -' tit 2019/2020. On March 6, 1997, the City Council adopted Ordinance 6137-97. The ordinance established the requirement for a special public hearing prior to the adoption of the capital improvement budget, and at any time in which there is any proposed change to Penny for Pinellas funding of $500,000 or more. Due to the slowing economy and anticipated loss of revenues, the City Council has reviewed a proposed list of project changes, which reduce the planned projects by approximately $19,406,160. These changes have been advertised for a public hearing date of December 2, 2010 and are outlined in the public hearing notice. City Council 2010-12-02 2 One individual expressed concerns that there were no items on the projects list located on Island Estates and asked Council to consider including undergrounding utilities on Island Estates. Discussion ensued regarding using Penny funds for undergrounding utilities. It was stated Sad Key residents paid for undergrounding utilities as a special assessment and would demand a refund if the City pays for a similar project. Staff was directed to schedule discussion at a future meeting. Comments were made that Penny for Pinellas funds are not focused on specific neighborhoods but projects that provide regional benefits. It was recommended that all new fire stations meet category five hurricane standards. Councilmember George N. Cretekos moved to approve the recommended Penny for Pinellas project list, as revised, for fiscal years 2010/2011 through 2019/2020. The motion was duly seconded and carried unanimously. 7.2 Approve the applicant's renu.Y s[? to ?,rac,--n.te the 10 ??,--,,et of a 20-foot utility easement lying along they ',CLAh boundary of LcAs 7 and 8, B ,o ;k B-2,Maryland Subdivision, (a.k.a. 61_ i? 5cm-Ah Missouri Avenue" ,as more p ,,,Ar ?y described in the ordinance, and L,?r,??u?wr,, ? Ordinance 82.31-10 on first F .ading, (VAC2010-07 The property owner, Peter G. Nichols, deeded an easement to the City of Clearwater over property adjoining the utility easement subject of this request. The City, as grantee of the easement, agreed to process a vacation request for the easement portion described in the ordinance. Progress Energy, Verizon, Knology and Bright House have no facilities in the subject easement portion and have no objections to the vacation request. The City of Clearwater has no utilities in the easement and no future need for the easement portion is anticipated. The Engineering Department has no objections to the vacation request. Councilmember Paul Gibson moved to approve the applicant's request to vacate the south 10-feet of a 20-foot utility easement lying along the south boundary of Lots 7 and 8, Block B-2,Maryland Subdivision, (a.k.a. 614 South Missouri Avenue),as more particularly described in the ordinance. The motion was duly seconded and carried unanimously. City Council 2010-12-02 3 Ordinance 8231-10 was presented and read by title only. Councilmember Bill Jonson moved to pass Ordinance 8231-10 on first reading. The motion was duly seconded and upon roll call, the vote was, "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 7.3 Approve the applicants request to vacate the north 5-fe of the 15-foot and utility easement lying along the south property line ol `';_c) 4??z l?`landalay ???ock 46A, less the west 5-feet thereof, (a.k.a. 910 Lantana k,,? o Ue), and apGmvcll Ordinance 8232-10 on first reading. (VAC2010-08 Lee) W The applicant is seeking the vacation in order to increase on site area to build a new swimming pool and deck. Verizon, Knology and Bright House have no facilities in the easement portion proposed to be vacated and have no objections to the request. Progress Energy has a non-energized overhead support cable above the easement portion being vacated. Progress Energy has no objections provided that the applicant deeds a private easement to them allowing for future access and maintenance of their facility. The ordinance, as drafted provides for the applicant to deed an easement to Progress Energy prior to the issuance of a building permit and nullifies the vacation if the easement is not obtained within six months of the date of adoption of the ordinance. The City of Clearwater has no utilities in the easement portion and contemplates no future need for the easement portion. The Engineering Department has no objections to the vacation request provided that the ordinance requires the applicant to provide a private easement to Progress Energy. Vice Mayor John Doran moved to approve the applicant's request to vacate the north 5- feet of the 15-foot drainage and utility easement lying along the south property line of Lot 8, Mandalay Block 46A, less the west 5-feet thereof, (a.k.a. 910 Lantana Avenue). The motion was duly seconded and carried unanimously. Ordinance 8232-10 was presented and read by title only. Councilmember George N. Cretekos moved to pass Ordinance 8232-10 on First reading. The motion was duly City Council 2010-12-02 4 seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 7.4 Authorize the City to permit and implement the use of t« ffic infrac; ,3,rii ("Detectors for red light infractions pursuant to state law; authorize appropriate is to execute same and pass Ordinance 8233-10 on first reacl( The Florida Legislature passed House Bill 325 during the 2010 Legislative Session, authorizing the use of red light cameras as traffic infraction detectors to enforce Sections 316.074(1) and 316.075(1)(c)l ., Florida Statutes (2010). On May 13, 2010, Governor Charlie Crist signed House Bill 325 into law, resulting in the Laws of Florida, 2010-80, taking effect on July 1, 2010, which, among other things, expressly preempts to the State of Florida the use of cameras, referred to in the State Act as part of a system of equipment comprising traffic infraction detectors and defined therein, to enforce the provisions of Sections 316.074(1) and 316.075(1)(c)l ., Florida Statutes (2010). The running of red lights continues to be a safety hazard affecting all citizens traveling by roads in the City of Clearwater. The City Council of the City of Clearwater wants to further reduce the running of red lights by implementing Laws of Florida 2010-80 and finds that implementation of an enforcement program pursuant to the State Act as set forth herein will promote, protect and improve the health, safety and welfare of its citizens. Eight individuals spoke in opposition. In response to questions, Traffic Operations Manager Paul Bertels said the Florida Department of Transportation (FDOT) sets the minimum amber clearance times on state roads. Extending amber and red light clearance times reduces capacity, compounds delays and increases road rage. FDOT will issue installation and operational specifications for red light cameras by the end of December. Mr. Bertels said conclusions of the USF (University of South Florida) study were based solely on other studies. The City Attorney said violations are issued to the vehicle's registered owner. A process allows owners to contest charges and identify the driver. Challenges based on City Council 2010-12-02 5 constitutional issues are likely. Assistant City Attorney Rob Surette said traffic detectors record the sequence of an offense, including the license tag and red light. A Police Department civilian employee will be trained to review evidence before notices of violation are issued. Violation recipients will have an opportunity to view the evidence online before the fine is due. Mr. Bertels said Florida law requires large signs regarding camera use be posted on the approach to affected intersections. The State has set the $158 fine for the original infraction; jurisdictions must pay vendor costs from their $75 share. Contract language could allow cameras to be removed as violations decline. It was recommended that the Request for Proposal require an exit clause. Discussion ensued regarding use of photo enforcement across the nation with concerns expressed that cameras will not solve problems related to drivers running red lights. It was stated that drivers who do not run red lights would not receive tickets. In response to questions, Police Chief Anthony Holloway said cameras would reduce accidents and red light runners and be a more effective enforcement tool than positioning officers at intersections when they could be patrolling other areas in the city. It was stated poor behavior reappears once police surveillance ends. Police Chief Holloway said safety is the issue, not money, the fine for police issued tickets is much higher. It was suggested to test cameras at one or two locations for six months, issuing only warnings during the first month; Council will review data and determine whether to move forward with additional locations or eliminate program. Councilmember Bill Jonson moved to authorize the City to permit and implement the use of traffic infraction detectors for red light infractions pursuant to state law; authorize the appropriate officials to execute same. The motion was duly seconded and upon the vote being taken- "Ayes" : Mayor Frank Hibbard, Vice Mayor John Doran, and Councilmember Bill Jonson. "Nays": Councilmember George N. Cretekos and Councilmember Paul Gibson. City Council 2010-12-02 6 Ordinance 8233-10 was presented and read by title only. Councilmember George N. Cretekos moved to amend Ordinance 8233-10, Section 30.020, to read, "The purpose of this Ordinance is to curtail red light traffic violations in the City of Clearwater." The motion was duly seconded. In response to a concern, the City Attorney said purpose for legislating is for health, safety, and welfare. Upon the voted being taken, Councilmembers George N. Cretekos and Paul Gibson voted "Aye"; Councilmember Bill Jonson, Vice Mayor John Doran and Mayor Frank Hibbard voted "Nay." Motion failed. Vice Mayor John Doran moved to pass Ordinance 8233-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran and Councilmember Bill Jonson. "Nays": Councilmember George N. Cretekos and Councilmember Paul Gibson. Motion carried. The Council recessed from 7:50 p.m. to 8:01 p.m. 8. Consent Ager d-,L,, 8.1 Award a contract to MTM Contractors of Pinellas Park, Florida, for the Cleveland Street Streetscape Phase 11 (08-0055-EN) construction in the amount of $2,940,906.83, which is the lowest responsible bid received in accordance with the plans and specifications, and authorize the appropriate officials to execute same. (consent) 8.2 Approve the final plat for Country Club Townhomes, located on the south side of Drew Street between North Betty Lane and Fredrica Drive. (consent) 8.3 Approve the supplemental engineering design services work order to Engineer of Record, King Engineering Associates, Inc., in the amount of $38,406.00 for the Water Reclamation Facilities Clarifier Evaluation and Rehabilitation Project (10- 0023-UT) and authorize the appropriate officials to execute same. (consent) 8.4 Approve extension of temporary lease between City of Clearwater and Bottlenose Productions, Inc. for use of the Harborview Center in conjunction with the production of the motion picture A Dolphins Tale, from December 15, 2010 until January 15, 2011, and authorize the appropriate officials to execute same. consent City Council 2010-12-02 7 8.5 Authorize additional funding to Jeffrey Hinds of Bricklemyer, Smolker and Bolves for legal representation in the cases of Divaco v. City, Szlechta v. City and Rudman v. City (Beachwalk Cases), in the amount of $150,000. (consent) Vice Mayor John Doran moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. City Manager Reports 9. Other Items on City Manager Reports 9.1 Approve the appropriation of $88,200 of unappropriated earnings the recommended list of funds to the departmental ope,, a in 1A «gets to provide, for the disbursement of a $100-remuneration, less withholding, 'b, each regular full-time and part-time employee represented bti ??';;?mmunicati4 uu?W Workers of America (CWA) Local 3179 who was emrwflo\ e,,cl ire status as ol'" October 26, 2010. On September 23, 2010, an impasse hearing was conducted before City Council to resolve the contractual wage reopener between the City and CWA Local 3179 for the period from October 1, 2009 through September 30, 2010. The City presented the position that no wage increase should be provided for the subject period. The Union presented the position that a one-time remuneration of $250 should be provided to all represented members for the subject period. City Council, by a 3 to 2 vote, directed that each CWA represented employee be provided a one-time remuneration of $100.00. The CWA conducted a ratification vote and approved the Council decision by a vote of 100-65. Funding for this item will be provided from the appropriation of retained earnings of the related operating funds at first quarter as follows: 010 402 419 421 423 424 426 Gen Fund Airpark Stormwater Water/Sewer Gas Solid Waste ing Marine 11,300 Boat Slip 1400 37,800 ,200 3,400 13,500 (5,800 ,900 1,900 435 Parking 2,700 555 Admin Svc 3,700 City Council 2010-12-02 565 Gen Services 1566 Garage (Total: 4,000 3,600 (88,200 Councilmember George N. Cretekos moved to approve the appropriation of $88,200 of unappropriated retained earnings from the recommended list of funds to the departmental operating budgets to provide for the disbursement of a $100- remuneration, less withholding, to each regular full-time and part-time employee represented by Communications Workers of America (CWA) Local 3179 who was employed in an active status as of October 26, 2010. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 10. City Manager Verbal Reports -None. 11. Other Council Action 11.1 Code changes requested for nonconfr'n-,., ing uses, affix r. As requested, the purpose of this agenda item is to provide Council a delineation of specific changes to the Community Development Code (CDC) as requested by Mr. Scott Bitman, owner of Cycle Masters, located at 3100 Gulf-to-Bay Boulevard. At a meeting conducted by the City Manager, Mr. Bitman identified those items that he felt precluded him from conducting the business activity as intended. Council is already aware that in 2007, Mr. Bitman acquired the property and commenced operations without benefit of requisite due diligence or by being burdened with obtaining any authorization, approvals, or a business license. Mr. Bitman did eventually submit an incomplete Flexible Development (FLD) application on February 6, 2009; however the necessary information to make this application complete was not submitted until October 7, 2009. After going before the Development Review Committee (DRC) at its meeting of November 5, 2009, the necessary revised plans were not resubmitted in order for the application to be brought before the Community Development Board (CDB) until June 11, 2010. Ultimately, on July 23, 2010, the CDB denied the development proposal. It is noted that based upon the initial application date, this proposal would have been able to be heard at the CDB meeting of April 21, 2009, had all materials been submitted and revised by the applicant in a timely manner. As of October 28, 2010, the business has accrued fines of $118,250, which will ultimately constitute a lien on the property. In addition, city staff has issued numerous notices to appear before the Circuit Court for various infractions. Illegal storage and keeping of inoperable vehicles has resulted in several being towed. At this point, the City continues to issue notices to appear for various ongoing violations and intends to City Council 2010-12-02 9 pursue further court action to the extent possible to have the illegal business activity discontinued. In response to questions, Mr. Delk said allowing outdoor display beyond the Pinellas Trail would be difficult to regulate, especially with fewer inspectors. Temporary permits allow outdoor display four times a year. Displays at the subject property are limited to indoors. Mr. Delk said automobile dealership lots that display vehicles are larger than the subject property. Dealerships abutting residential neighborhoods are nonconforming uses, subject to a loss of that use. In response to a concern that language requiring an earth tone color palette constrains development, Mr. Delk said the criteria only affect businesses in commercial districts that want outdoor display areas. The City Manager said when the Code was adopted in 1998, the City was concerned that businesses would paint their facilities with bright garish colors. The majority did not wish to amend the color palette requirement. Discussion ensued with concerns expressed that uses for the subject property are extremely limited due to its unusual size and location. It was felt if the business closes, the property would be derelict for a long time before it is purchased and upgraded to meet Code. Mr. Delk said vehicle sales and service is a permitted use if done inside. Redevelopment of the site will require a substantial investment. As the property cannot meet minimum standards, a range of flexibility is available. He said Mr. Bitman had not availed himself to make necessary improvements, such as perimeter landscaping, pavement removal, reconfigured driveways and access ways, removal of the canopy, facade improvements, and interior renovations. Mr. Bitman reviewed Code requirements that he felt are unfair. He said his due diligence included obtaining a State license for the business before he purchased the property. Mr. Bitman said he was willing to meet the City halfway. In response to a question, Assistant Planning and Development Director Gina Clayton said Mr. Bitman needs to present a plan that indicates how the property will look; the City cannot plan the project. It was recommended that Mr. Bitman hire an experienced architect or engineer who has worked on projects in the City and is familiar with City Code. Consensus was to make no changes to the Code. City Council 2010-12-02 10 11.2 MPO Reapportionment Plan - Hibbard and Doran It was stated that the City Council had acknowledged its support of the MPO (Metropolitan Planning Organization) plan to unify the MPO and PPC (Pinellas Planning Council). The MPO, established by the Florida Legislature, will be independent from the County. The reapportionment plan would increase membership from 11 to 13, diluting Clearwater's influence. Discussion ensued with concerns expressed that votes by small jurisdictions will carry the same weight as Clearwater's votes. It was reported that the main argument supporting reapportionment is based on saving money by combining PPC's land use oversight with the MPO's oversight of transportation. Concern was expressed that the proposal has fundamental problems and is being adopted too fast to make necessary alterations. The legislative delegation has requested input. Consensus was to request a resolution be prepared for December 16, 2010 meeting. 11.3 Discussion regardincy rp?.,?i-fl Lion of amplified ol-fi.door sound - Gre -.kos Concern was expressed that efforts to limit noise when negotiating a development agreement had failed; staff reported the City cannot adopt a resolution that controls and limits outdoor music. It was recommended that staff review a permitting process for outdoor music that allows the City to track violations and place offenders on probation. It was stated that cities across the country use permitting to limit noise. Assistant City Attorney Rob Surette said a city ordinance prohibiting loud and raucous noise carries the possibility of arrest. The City amended its ordinance to limit noise violations in excess of specific decibel levels after a federal court determined a noise ordinance had prohibited a business from engaging in future speech. In response to a suggestion that the City consider more aggressive enforcement of the ordinance, it was stated that businesses could determine that violations are just a cost of doing business. The City Attorney said a permitting process could not result in a permanent revocation if violations occur. Discussion ensued with comments made that Clearwater beach is the only place in the City where noise is an issue; atmospherics affect sound levels. Concern was expressed that residents hesitate calling with noise complaints, as they are required to identify themselves. City Council 2010-12-02 11 It was felt this change would increase regulation when few problems exist. It was stated if the City wants to limit noise in the future, restrictions must be included in the development order. The majority agreed that no action should be taken. 11.4 Transportation Strategy - Jonson Discussion ensued regarding the need for City representatives on the PSTA (Pinellas Suncoast Transit Authority) and MPO to discuss transportation strategies. Consensus was for the Mayor and Councilmember Jonson to discuss transportation strategies at a special work session meeting, to be scheduled. 11.5 December 13, 2010 Work Session Consensus was to schedule the December 13, 2011 Work Session and Pension Trustees meetings to begin at 8:30 a.m. Items not on the Agenda It was requested the City Council discuss recreation fee changes for non-residents and that staff review the cost of scanner cards to pay for tennis court lights. Staff was directed to schedule discussion for December 13, 2010. 12. Closing Commeni,'_-L 1'hy Mayor Mayor Frank Hibbard reviewed recent and upcoming events. 13. -Adjourn The meeting was adjourned at 10:02 p.m. Mayor City of Clearwater Attest City Clerk City Council 2010-12-02 12 sue"" (9 County Single-Family` Sarasota County Property Tax Revenue Profile: 2008 Tax Yield per Acre County Multi-Family` $7,807 City Single-Family' $8,211 Walmart Supercenter Westfield Sarasota $10,579 Square Mall Sarasota Crossings $13,019 Burger King at 1-75 $15,458 Westfield $21,752 Southgate Mall 33 South Palm Avenue Orange Blossom Tower 1350 Main Street $0 $250,000 $500,000 $750,000 Residential :;',I Commercial Mixed-use corporated county pay, on average, almost $3,700 per acre a year in property taxes. Mul- tifamily developments (such as apartments or condominiums) are typically assessed at more than double that amount, yielding about $7,800 in property taxes on a per acre basis. Within the city of Sarasota, single-family home owners annually pay $8,211 per acre, on average, in county taxes alone. Looking at commercial development (the red bars in the graphic), one sees that the county's new 21-acre Walmart Su- percenter annually pays only $163 more in property taxes per year, on a per acre basis, than the average single-family home in the city of Sarasota. Walmart's tax bill of $8,374 per acre seems low, especially given the controversy that such big-box projects generate when they come before review- ing bodies. Southgate, an established shopping mall anchored by Macy's, Dillards, and Saks Fifth Avenue, suggests a different story. The 32-acre property, which is lo- cated within the city of Sarasota, brings in a - *4 m h' ?11 M1 $1,000,000 $1,250,000 $1.500.000 -Average values per Board of Realtors more than two and one-half times the tax revenue of the big box center, or $21,752 per acre. The difference can be attrib- uted to a more central location, a better standard of construction, and the higher merchandise price point set by upscale anchor merchants (the latter translating into higher rents per square foot, and thus higher property valuations). A first-tier regional shopping center like Southgate may be the best revenue genera- tor that many counties can ever hope to at- tain. That is why local governments try so hard to woo prestigious national merchants like Macy's or Nordstrom (the ultimate prize). But it's an achievable goal only if the locality has the demographic makeup to at- tract such merchants. Mixed use changing the game Mixed use properties (shown in the green bars at the bottom of the profile) perform dramatically better raven than Southgate, the strongest mall in the cotinty, when it comes to generating property tax revenue. Take these examples, all of them located at or near one intersection in downtown Sara- sota, just a few blocks in from the bay. • 33 South Palm Avenue, a two-story building dating from the 1920s, was origi- nally part of a larger hotel complex. Its first floor is a retail store; the second floor is zoned for offices. The structure currently generates more than $90,000 in county property taxes per year, calculated on a per acre basis. • The 10-story Orange Blossom Tower was built in 1926 as the American National Bank Building. In the 1930s, it was converted to a hotel and later became a retirement res- idence. Today, the stricture houses condo- miniums, second-floor offices, and ground floor retail. It brings in nearly $800,000 in county property taxes per acre. • 1350 Main Street generates more taxes than any other building in the profile. Its areaded ground floor houses a bank and other retail uses; condominiums occupy the upper floors. Although some units have wa- ter views, the building's principal attraction American Planning Association j ?_ What the Numbers Show Our firm has created a computer model that shows that capital invested in high-density projects can produce a higher rate of return than lower density projects, including the big box stores that so many communities may mistakenly covet. The key is to look at municipal revenues generated per acre by a variety of land uses, including single-family housing, a typical suburban mall, and a more complex mixed use property Our 2008 study of Buncombe County, North Carolina, broke down the county property tax yield of Asheville-area properties on a per acre basis. We found that the average acre of single-family housing in the county contributed about $1,236 in property tax while the average acre of housing within the Asheville city limits contributed $1,716. The findings for downtown Asheville were fir more dramatic: An average six-story mixed use project yielded $250,125 per acre. That's about 31 times the property tax yield of the Asheville Mall, which is also within the city limits but produced just $7,995 in county taxes per acre. Even after big box retail taxes were added to the study, the combined big box property and retail tax yields a total of about $51,000 per acre. Results were similar in Sarasota, where we found that 3.4 acres of mixed use downtown developrliQnt yielded 8.3 times more annual county property taxes than a suburban 30.6-acre, 357-unit garden-style apartment project. Further, the multifamily resi- dential public infrastructure costs downtown were only 57 percent of the suburban project, while the revenues were 830 percent greater. A difference of $1.9 million a year versus $239,000 a year. And it took the urban project just three years to pay for the infrastructure versus the 42 years for the suburban project. In sum, the urban form consumed less land, cost less to provide public infrastructure, and had a higher tax return. Joe Minico&, AICP PV11Tk0ZZ1 is the New Projects C'ii- r, x al `"ujhlir n.eu a P! in Asheville, North Carolina. RT N b County residential - $1,236* City residential - $1,716' City commercial >2,406' 1-2 story offir- b+jildnrg; -- $7,059 Asheville Mail -- $7,995 'story apartments -- $18,109 4-story wixed-rase condos --- $44,887 6-story mixed use condos - $250,125 ' Awf Age w)lues as per Board of Realtor Houses in the city of Sarasota generate, on average, $8,211 per acre per year in county property taxes. The new Walmart Supercenter in the unincorporated county (above, right) generates just $163 more. This specific house, in a close-in Sara- sota neighborhood, pays $35,067. That amount is more than four times what the Supercenter pays annually per acre in property taxes. is the vibrant nearby street life that emerged after streetscape improvements were made in the early 1990s. Although the building occupies just over two-thirds of an acre, it generated nearly $1.01 million in combined city and county taxes in 2008. Extrapolating this earning power to a full-acre site, the same kind of building would generate $1.2 million in county taxes alone. On a per acre basis, 1350 Main brings in 142 times more rev- enue than the new Walmart Supercenter. It would take both that development and Southgate, together occupying 55 acres, to match the property tax contribution of 1350 Main, which sits on just 0.68 of an acre. ray The most obvious lesson from Sarasota's revenue profile is that compact mixed use developments in urbanized areas generate property tax revenue at a much higher rate than do single-use developments in more suburban locations. Skeptics are sure to ask: What about sales taxes? It's true that a large, high-vol- ume retailer can make a significant financial contribution to a town or city. That's why so much effort is made to lure a produc- tive retailer across municipal boundaries and why local governments focus so much on fiscal zoning. But at the regional scale, this becomes a zero-stun game. Consider: Sarasota County's total retail sales bring in ,. o?......:.... ?,?. ,.... tom.. -,rein $60 million to $70 million a year in sales tax revenue. Barring a huge influx of wealthy residents who decide to make most or all of their purchases locally, that number is un- likely to change. If enhancing revenue is the goal, munici- palities are tar better off with compact de- velopment that generates higher property taxes. A grouping of 70 buildings like 1350 Main Street (a gridded cluster measuring seven rows wide by 10 deep) would bring in as much revenue as all of the sales tax cur- rently collected in the entire county. A quick calculation suggests that such a cluster could easily fit in an area of about 100 acres, including the land needed for streets, alleys, and a small public square or two. (By comparison, Sarasota's existing downtown is about 700 acres.) True, a large volume of new construction in a confined area is unlikely to happen in Sarasota County, or even the city of Sarasota. Nor is it being recommended here. But the notion pro- vides a useful point of comparison between two important revenue sources-sales tax and property tax-that are available to local government. With a new generation of smart growth development showing that greater density can be packaged in a physical form that is compelling to a wide range of citizens, and the fiscal information that can be gleaned from a community's revenue profile, long- time opponents of infill development may now be persuaded to consider a different, and potentially more cost-effective, approach to community building. With enough citizen buy-in, compact, walkable "smart growth districts" could be infinitely replicable, even in a suburban county such as Sarasota. En- abling them would be a far more viable strat- egy for increasing the county's revenue base than trying to squeeze more sales tax dollars from existing local residents, many of whom now live on fixed incomes. Such compact development would also mean a more rapid payback on public invest- ment. Comparing the return from a two- and three-story garden apartment complex near Interstate 75 (357 housing units on just over 30 acres) with 1350 Main Street and two other adjacent downtown build- ings (a total of 197 units on 1.9 acres), one sees that residential units in the suburban development will take 42 years to pay back the county's infrastructure outlay, versus just three years for units in the downtown building. (Revenue from the commercial portions of the downtown properties was excluded to keep this an apples-to-apples comparison.) The rapid payback is due to the fact that taller, more compact buildings require less of the horizontal infrastructure (roads, water, and sewer lines) that government typically pays foie Vertical infrastructure (elevators, stair towers, conduit, and struc- tural steel), by contrast, are paid for by the builder or developer. Thus, the more that government can induce the private sector to spend on a given parcel of land, the more it stands to gain long-term, when the develop- ment is complete and higher property taxes begin to flow in. Indeed, governments have always en- couraged such private sector investment with expenditures and actions of their own, ranging from the subdivision of land into salable parcels to the provision of public im- provements such as streets, parks, and utili- ties. Citing earlier development models that may have been more economically viable, County Administrator Jim Ley remarked: "Observation points out just how far we've traveled from. the basic understanding about what it takes to build a financially sustainable community-that denser urban centers produce the community wealth that sustains the less dense areas." As municipalities become more proac- tive in evaluating competing development models and driving toward the models that best meet their objectives in multiple realms-quality of life, quality of place, and economic sustainability-one can expect that tools such as the revenue profile will become an increasingly important part of the community decision-making process. Peter Katz is Sarasota County's director of Smart Growth/Urban Planning. He is the author of The New Urbanism: Toward an Architecture of Community (McGraw-Hill, 1993). Amwiran Planninn Astociatinn Growth Dividend i SARASOTA COUNTY, like many other Florida counties, saw a huge wave of sub- urban development in the boom years from 1995 to 2007. During that time, more than 31,000 acres of land within the county and its incorporated municipalities came under development. Responding to state growth management policies and seeking to dis- courage future sprawl, county officials en- acted an urban services boundary in 1997. Its purpose was to channel future growth into areas where the county was planning to provide urban services and infrastructure. A citizen-led initiative in 2008 strengthened the growth limit, requiring a unanimous vote of the county commission to enlarge the land area within it. While the boundary now constrains the county's supply of developable land, the three home-rule cities in the county-Ven- ice, North Port, and Sarasota-can still an- nex into unincorporated county lands inside the urban services boundary. Given such limits on its supply of developable land, and possible losses due to annexation, Sarasota Cotmty is concerned that future property tax revenues could be squeezed. The county's current revenue has already taken a major hit in the post-boom economy. The shortfall results mostly from lower property assessments tied to falling real es- tate prices, coupled with and exacervbated by a slowdown of population growth. A further impact on local revenue collections is the loss of fee income due to a downturn in new con- struction: Residential permitting activity in Sarasota County has gone from more than 2,300 newly platted lots in 2005 to under 90 in 2009. Commercial development has followed a similar pattern: There were 110 projects in 2005 and fewer than 30 in 2009. With such threats to its future revenue vase, county staffers have started to rethink their approach to community building. "We , provea , compact iat Axed use 0 % _1i taxes. By Peter Katz need a better understanding of where our revenues are coining from," said Sarasota County Administrator Jim Ley last year. With regard to creating new sources of rev- enue, he added, "we need to start thinking more like a city." Responding to Ley's directive, county planners came up with an idea. When re- searching new approaches for a compre- hensive plan update, they found a unique tax revenue analysis of the Asheville, North Carolina, area. The analysis, prepared by Joe Minicozzi of Public Interest Projects, in- cluded a "revenue profile" that compared tax revenues generated by a range of building types in different locations around the city. What made that analysis different from more conventional studies was that the fig- ures were calculated on ape- acre basis rather than the more typical per lot, per unit, ar per household basis. Although unusual, this ap- proach clearly showed a much greater return from some types of development mostly close-in, mixed use properties, both old and new---over more conventional, single-use suburban offerings. Seeing the dramatic results for Asheville, Sarasota County staff asked Public Interest Projects to compile a similar profile for the Sarasota region. That work is the primary focus of this article. The data highlighted in the profile is straightforward-it's the amount of county property tax paid by the owners of each of the profiled properties (information that is readily obtainable from the local tax asses- sor). The taxes are then divided into the land area occupied by each property to obtain a tax per mre figure. The complete revenue profile thus provides an apples-to-apples comparison of the property tax yield for each development type. While the revenue analysis may be straightforward, the cost analysis is not. That is because municipal services are provided, charged for, and accessed in ways that differ greatly from place to place. Still, common sense suggests that some of the biggest public costs will be lower in downtown areas. Funding public schools is generally cheaper there because, in most U.S. regions, families with children tend to live in more suburban areas. Among fanu- lies who do live downtown, many will opt to place their children in private schools. Water use, too, is likely to be lower in more urban areas because yards are relatively small if they exist at all. The county's revenue profile Looking at the top bar of Sarasota's revenue profile (in the graphic above), one sees that owners of single-family homes in the unin- Sarasota's City Council Agenda Council Chambers - City Hall Meeting Date: 12/16/20 10 SUBJECT / RECOMMENDATION: Approve the City of Clearwater's Fiscal Year 2009-2010 Consolidated Annual Performance and Evaluation Report (CAPER). SUMMARY: The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal administrative report, documenting the City's expenditures for Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) programs to the U. S. Department of Housing and Urban Development (HUD). For Fiscal Year 2009-2010, the City's budget was as follows: $932,808 in CDBG; $589,019 in HOME; and $190,416 in program income for a total budget of $1,712,243. The CAPER document serves as the basis for program monitoring for compliance and for financial audits for all activities conducted during the Fiscal Year 2009-10 as outlined in the Consolidated Plan for that program year. The report provides HUD with necessary information for the Department to meet its requirement to assess each grantee's ability to carry out relevant Community Planning and Development programs in compliance with all applicable rules and regulations. It also provides information necessary for HUD's Annual Report to Congress and it provides grantees and opportunity to describe to citizens their successes in revitalizing deteriorated neighborhoods and in meeting objectives stipulated in their Consolidated Planning document. In addition to reporting on our activities with federal money, we also included a summary of activities conducted with the Florida State Housing Initiatives Partnership (SHIP) Program in the narrative section; however, these numbers are not included in the totals below. Through the CDBG and HOME program activities, we expended a total of $2,245,905 in Fiscal Year 2009-10. This included prior year funds as well as program income and recaptured funds. Those funds not expended from this year's budget will be reprogrammed in future budgets. The City of Clearwater's Fiscal Year 2009-10 CAPER contains information on the City's assessment of the following activities: Assessment of Three to Five Year Goals and Objectives Affordable Housing Continuum of Care Leveraging Resources Affirmatively Furthering Fair Housing Citizens Comments Self-Evaluation Through the programs covered under the CAPER over 12,728 persons were assisted through Public Services, Public Facilities, Housing Rehabilitation and New Construction, Fair Housing, and Economic Development projects. Also, during this past fiscal year the Housing Department: Completed twenty-one rehabilitation loans totaling $776,076 Completed twenty-four down payment assistance loans totaling $321,050 Purchased two vacant lots and constructed two homes totaling $95,000 The City's Neighborhood and Affordable Housing Advisory Board is scheduled to approve the Fiscal Year 2009-10 CAPER at their meeting on December 14, 2010. The CAPER is due to HUD no later than December 30, 2010. Cover Memo Item # 4 Type: Other Current Year Budget?: None Budget Adjustment: Budget Adjustment Comments: Current Year Cost: Annual Operating Cost: Not to Exceed: Total Cost: For Fiscal Year: to Review Approval: 1) Clerk 2) Assistant City Manager ED 3) City Manager None Cover Memo Item # 4 Attachment number 1 Page 1 of 1 FY2009-2010 Consolidated Annual Performance & Evaluation Report (CAPER) Community Development Block Grant And HOME Investment Partnership Programs Budget and Expenditure Summary Prior Year plus Number Reprogrammed Remaining Person's Activity Budget Funds Expenditures Balance- Assisted Demolition $ 89,414 $ 5,485 $ 83,929 Relocation $ 49,157 $ 49,157 $ - CDBG Program Administration* $ 186,562 $ (9,251) $ 177,311 $ CDBG-PD-ED $ 10,000 $ 1,643 $ 11,643 $ - CDBG-PD-Rehab $ 140,000 $ 157,309 $ 111,388 $ 185,921 CDBG-PD-Infill $ 35,000 $ - $ 34,986 $ 14 HOME Program Administration* $ 58,901 $ 65,092 $ 62,282 $ 61,711 Public Services $ 149,632 $ (9,658) $ 123,171 $ 16,803 3,782 Public Facilities & Improvements $ 195,710 $ 440,804 $ 255,357 $ 381,157 8,739 CDBG Program Housing (Housing Pool) $ 185,921 $ 105,943 $ 43,296 $ 248,568 HOME Program Housing (Housing Pool) $ 441,765 $ 1,761,208 $ 848,911 $ 1,354,062 HOME Acquisition, Transitional Housing $ 310,931 $ 310,931 $ - Community Housing Development Org. (CHDO) $ 88,353 180,467 $ 180,468 $ 88,352 Fair Housing - CDBG $ 29,984 $ 1,555 $ 31,539 $ - 207 TOTAL- $ 1,521,828 $ 3,144,614 $ 2,245,925 $ 2,420,517 12,728 * The Program Administration Equals 20% of the Total Budget. CDBG Allows 20% of Allocation for Program Administration and 20% of Program Income. HOME Allows 10% of Allocation for Program Administration and 10% on Program Income. ** The net difference between "Budget" and "Expenditures" is due to carry over projects from previous years obligations that are in process but have not been completed. *** The majority of these funds have been committed to projects that will be expended in future years. Item # 4 12/9/2010 10:45 AM Attachment number 2 Page 1 of 38 Fifth Program Year CAPER The City of Clearwater, Florida FY 2009-10 CPMP Fifth Consolidated Annual Performance and Evaluation Report includes Narrative Responses to CAPER questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. The Executive Summary narratives are optional. The grantee must submit an updated Financial Summary Report (PR26). 1. EXECUTIVE SUMMARY The overall purpose of the community planning and development programs as stated in Section 91 of the Housing and Community Development Act, as amended, with programs funded through the Community Development Block Grant Program and the HOME Investment Partnership Program is to develop viable urban communities by providing decent housing, a suitable living environment and expanding economic opportunities principally for low to moderate-income persons. The primary means toward this end is to extend and strengthen partnerships among all levels of government and the private sector, including for profit and non-profit organizations, in the production and operation of affordable housing. The main purpose of these programs is to provide decent housing. Decent housing includes assisting homeless individuals and families, retaining the existing housing stock by rehabilitating existing housing units and increasing the availability of permanent affordable housing by building new affordable rental and owner-occupied units and providing down payment assistance. The second purpose includes increasing public services and public facilities to improve the safety and livability of neighborhoods as a suitable living environment. The third purpose is to expand economic opportunities to low to moderate-income individuals by creating or retaining jobs or creating and/or expanding businesses in low to moderate-income neighborhoods. The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal administrative report to document how effective the City has been in expending CDBG and HOME funds to meet the objectives listed above. It serves as the basis for program monitoring for compliance and for financial audits. It provides HUD with necessary information for the Department to meet its requirement to assess each grantee's ability to carry out relevant Community Planning Development (CPD) programs in compliance with all applicable rules and regulations. It provides information necessary for HUD's Annual Report to the U. S. Congress and provides grantees an opportunity to describe to citizens their successes in revitalization of deteriorated neighborhoods and meeting objectives stipulated in our Consolidated Plan. The City's FY 2009-10 CAPER contains information on the City's assessment of activities as they relate to the five-year goals and objectives, affirmatively furthering fair housing, affordable housing, continuum of care, leveraging resources, citizen participation, and self-evaluation. Fifth Program l gar C. PER 1 Item # 4 Attachment number 2 Page 2 of 38 2. ASSESSMENT OF THE ONE YEAR GOALS AND OBJECTIVES In August 2005, the City of Clearwater approved the FY 2005-10 Consolidated Plan for funding from the Community Development Block Grant Program (CDBG), HOME Investment Partnership Program (HOME), and State Housing Initiatives Partnership Program (SHIP). In September 2005, the City's Consolidated Plan was approved by the United States Department of Housing and Urban Development (HUD). The Five- Year Consolidated Plan includes two key activities; provide decent, safe, and affordable housing and increase public services and facilities to improve the safety of the neighborhoods. The City's mission is to assist residents in achieving self-sufficiency through decent housing, a suitable living environment and the expansion of economic opportunities. The goals for community development include promoting community self investment in low/moderate-income areas, providing facilities/services to address critical social services needs, providing facilities/services for seniors, children and persons with special needs, and expanding economic opportunities. The goals for housing and the homeless include revitalizing older housing and demolishing unsafe structures, producing high-quality affordable housing, providing housing assistance, and providing services/housing for the homeless. The City of Clearwater focuses on three basic areas for assisting in the provision of decent, safe and affordable housing. The focus consists of: 1. Homeowner rehabilitation - which include emergency repairs and disabled retrofitting 2. Down payment and closing cost assistance for homebuyers 3. Acquisition/rehabilitation/new construction To preserve the existing housing stock, the five-year goal is to rehabilitate 100 units owned by low-income households. The City will preserve the housing stock by funding the acquisition and rehabilitation of 50 existing units for new low-income owner households over the five-year period. To encourage new homebuyers, the five-year goal is to provide direct down payment/closing cost assistance to 100 low and moderate-income homebuyers. The City has proposed to construct 20 new affordable, for sale, infill housing units to support the City's ongoing revitalization/redevelopment efforts. To encourage participation in the City's homebuyer's activities, the five-year goal is to provide credit counseling and homeownership training assistance to 100 prospective low-income homebuyers. During FY 2009-10 funding year, the City implemented its Housing Pool primarily with SHIP and HOME monies and used the funds for down payment and closing cost assistance, lot acquisition, rehabilitation and new construction. For larger developments, a non-profit and/or for-profit organization may be allocated funds in a line of credit format. This allows for the development of small infill projects, as well as the acquisition of several single existing units for rehabilitation and resale. Clearwater's Economic Development and Housing Department - Housing Division oversees the activities of its subrecipient participants and administers the City's Fifth Program l gar C. PER 2 Item # 4 Attachment number 2 Page 3 of 38 rehabilitation and emergency repair program using CDBG, HOME and SHIP funds. The Housing Pool participants submit a client case for approval for down payment and/or closing cost assistance. Once approved, the City encumbers those funds. Upon home closing, the Housing Pool participant will request reimbursement of the funds they expended and their loan processing fee(s). The loan processing fee(s) are not funded until we review the client file and have determined that all necessary documentation has been obtained to verify household income and assets and to substantiate any rehabilitation that may have been done on the home that was purchased. The Housing Pool continues to be one of the most effective ways for our housing partners to access funding for income-eligible clients. The City has identified five general strategies to provide affordable housing over the Consolidated Plan period. They are to provide decent, adequate and affordable housing in safe and desirable environments for: a) renters, b) homeowners, c) homebuyers, d) homeless and e) non-homeless with special needs. a. Rental Strategy The strategy for rental activities includes maintaining the existing rental housing stock through rehabilitation, new construction, conversion, and providing additional funding for acquisition/rehabilitation to very-low income households to ensure that housing costs, including utilities, does not exceed 30% of their gross monthly income. The priorities listed in the current five-year strategy calls for providing decent, adequate and affordable housing in a safe and desirable community for renters. To fulfill this strategy, the City facilitated meetings with developers and discussed potential funding for renovations of existing rental properties and/or new construction projects. Four projects were funded this year: 1) Covert Apartments On June 8, 2009, Boley Centers, Inc., a private non-profit psychosocial rehabilitation and housing agency established in 1970, presented an application of funding for construction costs to rehabilitate a thirteen-unit apartment complex (Covert Apartments). Boley Centers has developed and operates 15 apartment complexes that provide 150 units of permanent, supportive housing for people with severe and persistent mental illness in Pinellas County. The total cost to renovate the Covert Apartments is $620,950 with the requested amount from the City being $128,198. Other funding for this project includes $117,752 from the Veterans Administration and $375,000 from Boley Centers, Inc. Two additional HUD 811 projects are currently under development. Covert Apartments is located at 1447 and 1451 Gulf to Bay Boulevard in the East Gateway Neighborhood Revitalization Strategy Area. This is a commercial sector that is burdened with a declining business base, deteriorated infrastructure, various building uses and vacant storefronts. The proposed rehabilitation of the Covert Apartments will be consistent with the goals and objectives of the City's Consolidated Plan because it will improve the appearance of the site and address homelessness in the area. 1 Fifth Program l gar C. PER 3 Item # 4 Attachment number 2 Page 4 of 38 The apartment complex is comprised of eight two-bedroom units, four one-bedroom units and one efficiency apartment. Currently, two two-bedroom and three one-bedroom apartments are occupied by permanent tenants. All of the existing tenants' incomes are at or below 50% of area median income. The proposed renovation will not result in any permanent relocation for the tenants. However, they may have to move within the complex while their units are being renovated. The scope of the renovation includes a new roof on the north building, replacement of windows, countertops and kitchen appliances, carpeting, interior and exterior painting, and making one two-bedroom unit accessible for persons with physical disabilities. The proposed rents for the units will be $750 for the two-bedroom units and $500 for the one-bedroom units. However, the tenants will only pay 30% of their adjusted income for rent and which is projected at approximately $202 after utility allowances. The architect for the renovation is Wedding and Stephenson Architects, Inc. and the proposed contractor is General Home Development, Inc. The project was presented and approved by the Neighborhood and Housing Advisory Board in July 2009. The project is proposed to began construction in August 2010 and be completed by early 2011. 2) Pine Berry Apartments Pine Berry Senior Apartments, located at 1225 Highland Avenue, made an application for funding to develop apartments for seniors. The amount requested is a $345,000, three percent 30-year loan. The new apartment complex will provide 80 affordable multi-family units for the elderly. The project will comprise of 40 one- bedroom/one-bathroom units and 40 two-bedroom/one-bathroom units. The one- bedroom units are 625 square feet and the two-bedroom units are 780 square feet. The rents will be set at 60% of the area median income or lower, based on the requirements of the City. The project site is approximately 3.02 acres and is located on a former bowling alley site. The purchase price of the Pine Berry property is $1,800,000. The estimated cost for the project is $13,651,797. Funding for Pine Berry includes $545,000 from the City with $200,000 in funds utilized from the State Housing Initiative Partnership Program and $345,000 in funds utilized from HOME, $10,190,165 is funded through the Federal Low-Income Housing Tax Credit Program, $966,288 is funded from a permanent loan secured by the general partner, $152,906 is funded from the Florida Housing Finance Agency, and $1,280,445 is funded from a deferred Developer's Fee. The Development will be equipped with an amenity package that includes emergency call service in each unit, a community center, a picnic area, a computer lab, laundry facilities with full size washers and dryers, and a library. RLI Beneficial Development 7, LLC is the Developer of the apartments. RLI will engage a management company once the project is completed. The Partnership submitted a LIHTC Application to the Florida Housing Finance Agency on April 10, 2008. The Partnership obtained their tax credits and architectural drawings in July 2008. The project is scheduled to be completed by 2011. 3) HEP Veterans Housing Fifth Program l gar C. PER i Item # 4 Attachment number 2 Page 5 of 38 On May 3, 2010, the Homeless Emergency Project (HEP) submitted an application to the City in the amount of $100,000 to acquire vacant real property located at 1250 Palmetto Street. The property was previously owned by the Pinellas County School Board. HEP is a 501(c) (3) non-profit organization that was founded in 1986 to meet the needs of a growing number of homeless individuals and families. HEP provides emergency shelter, transitional housing, and family rental units for the homeless population. In addition to housing, the agency provides food, intensive case management, clinical services, free dental care, child care and other supportive services to the homeless. The vacant land will be used to develop transitional housing for homeless veterans and individuals. The sale price was undetermined at the time of the application; however, a February 10, 2010 appraisal listed the value of the land at $558,000. The subject property is 2.9 acres. On August 3, 2010, HEP submitted an amended application for the acquisition and construction costs in the amount of $365,000, the sales price the owner had agreed to sell the property for and an application in the amount of $302,000 for a portion of the development costs for the construction of six two-bedroom apartments for homeless female veterans with or without children and a ten-unit male veterans group home. This project will create 30 beds specifically for females and females with children and 20 beds for male veterans. The total development cost for the project is $2,303,930. The sources and uses of funding includes $115,000 from HEP for architectural, engineering and inspection fees, $302,000 from the City for acquisition and construction costs, and $1,886,930 from the US Department of Veterans Administration. The project was presented and approved by the Neighborhood and Housing Advisory Board on July 14, 2010. If approved, the design phase will begin in October 2010 and is proposed to be completed by October 2011. 4) Abilities of Morningside II On August 31, 2010, Abilities of Morningside II, Inc. applied for funding in the amount of $200,000 for the acquisition and renovation of rental properties located at 2500 and 2501 Harn Boulevard. The Loan Approval Memo recommends allocating $200,000 to Abilities of Morningside II, Inc. in funding through the Pinellas County Housing Trust Fund and/or HOME Investment Partnership Program. b. Homeowner Strategy The strategies for homeownership activities are listed as follows: 1. Increase homeownership within the City of Clearwater; 2. Bring housing up to standard (and modernize when possible); 3. Remove architectural barriers; 4. Demolish units that prove economically unfeasible to rehabilitate and provide relocation benefits; 5. Ensure housing costs are in the general range of 30% of household income, and; Fifth Program l gar C. PER Item # 4 Attachment number 2 Page 6 of 38 6. Promote energy efficiency and prevent loss of homes. The five-year goal is to renovate a minimum of 100 housing units through the Homeowner Rehabilitation Program, complete 25 emergency repairs through the Emergency Repair Program, and retrofit 25 homes to make them more accessible for physically-challenged individuals through the Disabled Retrofitting Program. Sixty-seven percent of the housing units in Clearwater are over 20 years of age. To assist homeowners who need rehabilitation, the City offers loans through the Housing Division and through the approved housing non-profits participating in the City's Housing Pool. The loans are available to owner-occupied households with incomes that are very-low to moderate, with a priority on very-low and low-income households. During FY 2009-10, the City made a total of twenty-one rehabilitation loans with HOME and/or SHIP and Pinellas Housing Trust Fund Program funds. Thirteen SHIP- only loans were provided to low to moderate-income families with twelve loans being provided for families with income of less than 50% of area median income. One loan was provided to a family with income between 50% and 80% of area median income. An additional combination of HOME and SHIP loans were provided to six low to moderate-income families. Of those loans, five were provided to families with income less than 50% of area median income. One loan was provided to a family with income between 50-80% of area median income. HOMEOWNER REHABILITATION PROGRAM FY 09-10 Home Program 0 0 0 0 HOME/SHIP Program 5 1 0 6 SHIP Program 12 1 0 13 P. C. Hsg. Trust Fund Prg. 2 0 0 2 Tota 1 19 2 0 21 Note: HOME Program funds require a local match. SHIP Program funds do not require a local match. Homeowner rehabilitation produced $164,668 in expenditures from the HOME Program with an additional $54,889 in SHIP funds expenditures as the HOME Match. The rehabilitation program produced $415,559 in direct expenditures from the unmatched SHIP Program Funds. The total expenditures from all funds were $635,116. c. Homebuyer Strategy Fifth Program l gar C. PER 6 Item # 4 Attachment number 2 Page 7 of 38 The strategies for homebuyers include housing counseling programs that address pre-ownership issues, credit counseling, budgeting and foreclosure prevention to the very-low, low and moderate-income households. The 2010 Median Income for a family of four (4) in the Tampa/St. Petersburg/Clearwater Area is $59,400. The low- income threshold is $47,500 for households at 80% of area median income and $29,700 for households at 50% of area median income. Other strategies include easy access to affordable homeownership opportunities by providing larger subsidies to the very-low income credit-ready households and those purchasing homes within the City's target areas. The homebuyer strategy also provides a means to finance the cost of rehabilitation as part of acquisition, providing additional affordable housing units to very-low and low-income households, upgrade neighborhoods and encourage activities to promote safer neighborhoods. The City offers several programs that assist in making housing more affordable to very-low to moderate-income homebuyers. The City's Homeownership Program lends funds to purchase land, provide down payment assistance, pay impact fees, pay disposition costs, pay closing costs and build new homes for income eligible homebuyers. Funds in this program are also available to approved non-profit agencies financing their clients home ownership needs. Currently these agencies include: 1. Clearwater Neighborhood Housing Services, Inc. 2. Community Service Foundation 3. Habitat for Humanity 4. Largo Area Housing Development Corporation 5. Tampa Bay Community Development Corporation The funds will be leveraged against private sector financing to provide affordable housing. The five-year goal for homebuyers calls for assisting 100 homebuyers with down payment and closing cost assistance and providing 100 homebuyers with educational services in regards to purchasing a home. The City provided an allocation of $25,000 to Tampa Bay Community Development Corporation (TBCDC) to administer their Home Buyers Club and Homeownership Counseling Program and $2,500 to Community Services Foundation (CSF) to administer a Partnership to Homeownership Program and Homebuyer Education Program. In addition, the City provided $2,500 in funding to Clearwater Neighborhood Housing Services (CNHS) to implement a Housing Education/Counseling Program. All of the education and counseling programs were funded through the SHIP Program. The $30,000 in funding set-aside for the Home Buyer Counseling Program resulted in a total expenditure of $20,000. The total was comprised of $17,710 in expenditures from TBCDC, $790 from CSF, and $1,500 from CNHS. Over 135 individuals/families took part in the education/counseling services during this reporting period. A total of 100 participated in both TBCDC Programs (Homeownership Counseling and Homebuyer Education Programs), ten participated in Community Service Foundation's Partnership to Ownership and Homebuyer Education Programs, and twenty-five participated through Clearwater Neighborhood 1 Fifth Program l gar C. PER 7 Item # 4 Attachment number 2 Page 8 of 38 Housing Services, Inc. Housing Education/Counseling Programs. Other activities supported by the City includes providing funding for the acquisition of vacant land and building new single family homes, providing funding to purchase existing homes and rehabilitating them and providing down payment and closing cost assistance to purchase new and existing homes. During this reporting period, the City provided $486,850 in SHIP/HOME funds to purchase five vacant lots. The purchase of the lots resulted in four new homes. This investment of $486,850 contributed to private investments of $401,084 for the four homes. Two homes were purchased by two families with an income of less than 50% of area median income, two homes are vacant and one home is under construction. In this reporting period, an additional $16,000 in HOME funds was expended on an existing single-family housing unit that was acquired last year. The housing unit will be rehabilitated and sold as an affordable housing unit to a low to moderate-income family in the next reporting period. The City's Down Payment and Closing Cost Program provided new homebuyer opportunities to twenty-four families. Of the families assisted, two families income was below 50% of area median income, twenty-two families had incomes between 50-80% of area median. The average purchase price of the homes was $78,148. HOME BUYER PROGRAM FY 09-10 Home Program 0 0 0 0 HOME/SHIP Program 1 2 0 3 SHIP Program 1 20 0 20 Tota 1 2 22 0 24 Note: HOME Program funds require a local match, unless it is a CHDO Project. SHIP Program funds do not require a local match. A total of $326,850 in HOME funds and $65,000 in SHIP funds were provided to make homeownership possible. This public investment of $391,850 resulted in $390,000 in private capital being placed in the City's economy. d. Homeless Strategy Policy Direction The Pinellas County Homeless Policy Group (HPG) was formed in the fall 2004. The mission was to develop a countywide, 10-year plan to end homelessness. This plan was a result of an 18-month research and planning process. Included in the planning process were 40 members represented by elected officials, a school board member, a public defender, community and business leaders from a variety of Fifth Program l gar C. PER 3 Item # 4 Attachment number 2 Page 9 of 38 industries, including faith-based organizations, housing authorities, healthcare, law enforcement, businesses, foundations, the homeless coalition, and formerly homeless persons from the general community. Several factors were at the forefront of our research and planning discussions. The factors included: improving the quality of life for homeless individuals and families, improving the quality of life for those at risk of becoming homeless, eliminating barriers to housing and services, finding ethical and economical solutions, developing unified and comprehensive efforts that demonstrate best practices in housing and service delivery, and being able to demonstrate returns for our forthcoming efforts. The HPG adopted the plan on January 13, 2006 and the City Council approved the plan on March 16, 2006. The HPG has transitioned into the Homeless Leadership Network (HLN). HLN monitors and oversees implementation of the plan to ensure accountability and results consistent with the plan. The make-up of the HLN is very similar to the HPG, but now executive members of the Pinellas County Coalition for the Homeless (PCCH) serve on the group. The PCCH serves as the Operations Network Group and deals with the operating and actual implementation of the 10-Year Plan, while getting direction from the HLN. In creating this plan and demonstrating our commitment to work together to develop and enact this plan, we hope this will provide motivation for others to get involved and support the effort. Operational Support The City provided CDBG funding to three agencies assisting the homeless in FY 2009-2010 - Clearwater Homeless Intervention Project (CHIP), Religious Community Services - Food Pantry/The Haven and Homeless Emergency Project. The City funded the Clearwater Homeless Intervention Program (CHIP) in the amount of $30,000 for operational support for a program that provides temporary shelter, food and clothing. The agency assisted 1,612 individuals during this reporting period. The program requires participants to seek and retain employment and receive counseling in order to stay at the shelter. Upon stabilization, clients are moved into transitional housing. The City provided $150,000 to the Homeless Emergency Project, Inc. to build an office complex facility that provides homeless services. The project is now completed and the agency provided homeless services to 968 individuals and families. In addition, the City provided $20,000 to the agency for operational support to implement the homeless programs. A total of $45,710 was provided to Religious Community Services - Food Pantry to renovate their facility that provides food for low-income and homeless individuals and families. The agency provided services to 8,739 families during this reporting period. The chart below illustrates the non-housing homeless allocations and expenditures for FY 2009-10 and prior funds expended in this reporting year. These allocations Fifth Program l gar C. PER 9 Item # 4 Attachment number 2 Page 10 of 38 resulted in many homeless individual/families being provided a place to live and obtain other essential services. FY 09/10 Budget FY 09/10 Expended CHIP - Operational $ 30,000.00 $ 30,000.00 HEP - Operational $ 20,000.00 $ 0.00 HEP - Office Complex $ 150,000.00 $ 150,000.00 RCS - Food Pantry $ 45,710.00 $ 45,710.00 TOTAL $245,710.00 $225,710.00 Note: Homeless Emergency Project (HEP) has expended their agency's funds and is awaiting reimbursement from the City. Agency requests for reimbursement were submitted late in the fiscal year and as such were not processed in time for fiscal year end. Homeless Housing Actions 1) Covert Apartments On June 8, 2009, Boley Centers, Inc., a private non-profit psychosocial rehabilitation and housing agency established in 1970, presented an application of funding for construction costs to rehabilitate a thirteen-unit apartment complex. Boley Centers has developed and operates 15 apartment complexes that provide 150 units of permanent, supportive housing for people with severe and persistent mental illness. The total cost to renovate the units is $620,950 with the requested amount from the City being $128,198. Other funding for this project includes $117,752 from the Veterans Administration and $375,000 from Boley Centers, Inc. Two additional HUD 811 projects are under currently under development. Covert Apartments is located at 1447 and 1451 Gulf to Bay Boulevard in the East Gateway Neighborhood Revitalization Strategy Area. This is a commercial sector that is burdened with a declining business base, deteriorated infrastructure, various building uses and vacant storefronts. The proposed rehabilitation of the Covert Apartments will be consistent with the goals and objectives of the City's Consolidated Plan because it will improve the appearance of the site and address homelessness in the area. The apartment complex is comprised of eight two-bedroom units, four one-bedroom units and one efficiency apartment. Currently, two two-bedroom and three one-bedroom apartments are occupied by permanent tenants. All of the existing tenants' incomes are at or below 50% of area median income. The proposed renovation will not result in any permanent relocation for the tenants. However, they may have to move within the complex while their units are being renovated. The scope of the renovation includes a new roof on the north building, replacement of windows, countertops and kitchen appliances, carpeting, interior and exterior painting, and making one two-bedroom unit accessible for persons with physical disabilities. The proposed rents for the units will be $750 for the two-bedroom units and $500 for the one-bedroom units. However, the tenants will only pay 30% of their adjusted income for rent and which is projected at approximately $202 after utility allowances. Fifth Program l gar C. PER 10 Item # 4 Attachment number 2 Page 11 of 38 The architect for the renovation is Wedding and Stephenson Architects, Inc. and the proposed contractor is General Home Development, Inc. The project was presented and approved by the Neighborhood and Housing Advisory Board in July 2009. The project began construction in August 2010 and will be completed by early 2011. 2) Pine Berry Senior Apartments Pine Berry Senior Apartments, located at 1225 Highland Avenue, made an application for funding to develop apartments for seniors. The amount requested is a $345,000, three percent 30-year loan. The new apartment complex will provide 80 affordable multi-family units for the elderly. The project will comprise of 40 one- bedroom/one-bathroom units and 40 two-bedroom/one-bathroom units. The one- bedroom units are 625 square feet and the two-bedroom units are 780 square feet. The rents will be set at 60% of the area median income or lower, based on the requirements of the City. The project is approximately 3.02 acres and located on a former bowling alley site. The purchase price of the Pine Berry property is $1,800,000. The estimated cost for the project is $13,651,797. Funding for Pine Berry includes $545,000 from the City with $200,000 in funds utilized from the State Housing Initiative Partnership Program and $345,000 in funds utilized from HOME, $10,190,165 is funded through the Federal Low-Income Housing Tax Credit Program, $966,288 is funded from a permanent loan secured by the general partner, $152,906 is funded from the Florida Housing Finance Agency, and $1,280,445 is funded from a deferred Developer's Fee. The Development will be equipped with an amenity package that includes emergency call service in each unit, a community center, a picnic area, a computer lab, laundry facilities with full size washers and dryers, and a library. RLI Beneficial Development 7, LLC is the Developer of the apartments. RLI will engage a management company once the project is completed. The Partnership submitted a LIHTC Application to the Florida Housing Finance Agency on April 10, 2008. The Partnership obtained their tax credits and architectural drawings in July 2008. The project is scheduled to be completed by 2011. 3) HEP Veterans Housing On May 3, 2010, the Homeless Emergency Project (HEP) submitted an application to the City in the amount of $100,000 to acquire vacant real property located at 1250 Palmetto Street. The property was previously owned by the Pinellas County School Board. HEP is a 501(c) (3) non-profit organization that was founded in 1986 to meet the needs of a growing number of homeless individuals and families. HEP provides emergency shelter, transitional housing, and family rental units for the homeless population. In addition to housing, the agency provides food, intensive case management, clinical services, free dental care, child care and other supportive services to the homeless. The vacant land will be used to develop transitional housing for homeless veterans and individuals. The sale price was undetermined at the time of the application; Fifth Program l gar C. PER 11 Item # 4 Attachment number 2 Page 12 of 38 however, a February 10, 2010 appraisal listed the value of the land at $558,000. The subject property is 2.9 acres. On August 3, 2010, HEP submitted an amended application for the acquisition in the amount of $365,000, the sales price the owner had agreed to sell the property for and an application in the amount of $302,000 for a portion of the development costs for the construction of six two-bedroom apartments for homeless female veterans with or without children and a ten-unit male veterans group home. This project will create 30 beds specifically for females and females with children and 20 beds for male veterans. The total development cost for the project is estimated at $2,303,930. The sources and uses of funding includes $115,000 from HEP for architectural, engineering and inspection fees, $302,000 from the City for construction costs, and $1,886,930 from the US Department of Veterans Administration. The project was presented and approved by the Neighborhood and Housing Advisory Board on July 14, 2010. If approved, the design phase will begin in October 2010 and is proposed to be completed by October 2011. 4) Abilities of Morningside II On August 31, 2010, Abilities of Morningside II, Inc. applied for funding in the amount not to exceed $200,000 for the acquisition and renovation of rental properties located at 2500 and 2501 Harn Boulevard. The Loan Approval Memo recommends allocating an amount not to exceed $200,000 to Abilities of Morningside II, Inc. in funding through the Pinellas County Housing Trust Fund and/or HOME Investment Partnership Program. 5) Pinellas Hope II In the last reporting period, Catholic Charities requested, and was awarded, $127,501.56 as the City's local match from the Pinellas County Housing Trust Fund (HTF) as a local grant to build a fifty-unit, 80-bed efficiency apartment complex on the net acre tract of land owned by the Diocese of St. Petersburg. The land is located directly to the south of the Pinellas Hope facility located at 49th Street and the 5500 Block of 126th Avenue. The facility serves persons who are homeless or have special needs and is currently providing housing and supportive services to homeless individuals. e. Non-Homeless Special Needs Strategy CDBG funds were provided in the amount of $30,000 to Pinellas Opportunity Council to administer their Chore Services Program. Through this program, various chore services were provided to sixty-eight elderly, frail elderly, developmentally-disabled and physically-disabled individuals to assist them in remaining in their home. During this reporting period, the City provided funding in the amount of $45,710 to Religious Community Service to renovate their facilities. Religious Community Services provides assistance to the elderly, persons with mental and physical disabilities, and victims of spouse abuse. These services are classified as special needs. 1 Fifth Program l gar C. PER 1? Item # 4 Attachment number 2 Page 13 of 38 3. AFFIRMATIVELY FURTHERING FAIR HOUSING The City of Clearwater is no longer directly enforcing fair housing laws. The responsibility has been assigned to the Pinellas County Human Relations Department since their office investigates and makes recommendations on all Fair Housing issues for other areas of Pinellas County with the exception of the City of St. Petersburg. The City plays an active role in affirmatively furthering Fair Housing by adhering to the Human Rights Ordinance that Pinellas County adopted in 1984. Pinellas County maintains an Interlocal Agreement with the City of St. Petersburg for the enforcement of the ordinance. The City of St. Petersburg handles enforcement south of Ulmerton Road and Pinellas County enforces north of Ulmerton Road. In 2002, the City of Clearwater, along with the cities of St. Petersburg and Largo, and Pinellas County formed a Fair Housing Partnership to coordinate efforts countywide to support and expand the availability of housing to all, regardless of familial status, national origin, race, accessibility, and disability. The partnership's tools for furthering this effort are educational programs, training, testing, assessments, and enforcement through the appropriate channels. The partnership meets periodically to review programs and to set and review goals. The City remains active in the provision of affordable and accessible housing and promotion of home ownership. The City provides information concerning home ownership, home financing, and home repairs in printed matter and has worked with our Public Communications Department to provide information in a variety of other mediums On April 15, 2010, the City partnered with the Bay Area Apartment Association, Bay Area Legal Services, the cities of Largo, St. Petersburg and Tampa, Greater Tampa Association of Board of Realtors, Gulf Coast Legal Services, Hillsborough County Equal Opportunity Administration and Pinellas County Office of Human Rights (Tampa Bay Fair Housing Consortium) to sponsor an Annual Fair Housing Certificate Program. The City provided sponsorship for programs providing workshops on Fair Housing, Accessible Home Design, Landlord-Tenant Rights and Responsibilities, and Real Estate Sales and Rentals. a. Sale or Rental of Housing Fair Housing complaints received by the City's Equity Services Department and Pinellas County Office on Human Rights/Human Relations indicate that discrimination in the sale or rental of housing and provision of housing brokerage services does occur. The City hopes to partner with other local government agencies and conduct a study to determine the level of discrimination. b. Public Policies The high percentage of build-out in the City affects the availability of suitable land for multi-family and affordable single-family development. The City's Community Development Code, design standards, adequate public facility (concurrency) ordinance and building code requirements influence the feasibility of affordable housing projects. Development regulations can limit the potential use of small or Fifth Program l gar C. PER 13 Item # 4 Attachment number 2 Page 14 of 38 irregular infill parcels for affordable housing or increase costs associated with site development and construction. c. Administrative Policies Administrative policies generally support Fair Housing. These include: 1. Marketing housing programs in targeted areas. 2. Providing citywide homebuyers' assistance and education. 3. Placing educational material on the Housing Division's webpage. 4. Carefully reviewing where affordable housing developments will be located. 5. Avoiding a concentration of very-low to moderate-income households in multi-family developments. d. Actions Taken To Overcome Impediments In 1995, the U.S. Department of Housing and Urban Development (HUD) announced that entitlement communities, communities receiving direct federal funding from Community Development Block Grant, HOME Investment Partnership and Emergency Shelter Grant programs, must conduct a study of existing barriers to housing choice. This required study is referred to as the Analysis of Impediments (AI) and is part of entitlement communities consolidated planning process. The purpose of the AI is to examine how state and local laws, private, public and non-profit sector regulations, administrative policies, procedures, and practices are impacting the location, availability, and accessibility of housing in a given area. The AI is not a Fair Housing Plan rather it is an analysis of the current state of fair housing choices in Clearwater and identifies specific barriers that need to be addressed if future fair housing initiatives are to be successful. Each jurisdiction receiving federal funds must certify that it is affirmatively furthering fair housing. The certification specifically requires jurisdictions to conduct an analysis of impediments to fair housing choice within the state or local jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions in this regard. Evaluating fair housing impediments is a complex process involving diverse and wide-ranging considerations. The role of economics, housing patterns, and personal choice are important to consider when examining fair housing choice. Clearwater has relatively few impediments to fair housing. However, some issues were identified. On July 22, 2010, the cities of St. Petersburg, Largo and Clearwater and Pinellas County procured the services of 3-Quad Planning Group, a fair housing consultant, to conduct an analysis of impediment to fair housing choice for each entity. The result of that analysis is listed below. The analysis of fair housing choice in the City has resulted in the identification of impediments, identified through a study methodology that included conducting focus group sessions, the construction of a demographic analysis resulting in a community profile and fair housing index, analysis of the Home Mortgage Disclosure Act (HMDA) data for the City and Pinellas County and a fair housing law and public policy and program review. Fifth Program l gar C. PER 1. Item # 4 Attachment number 2 Page 15 of 38 The City's commitment to furthering affordable housing through planning and CDBG/HOME program design and implementation is noteworthy. These efforts will continue to help maintain stability and strengthen its older and lower-income areas. The City and its nonprofit partners are encouraged to expand these efforts into other neighborhoods as a primary means of expanding fair housing choice. Banking, Finance, Insurance and Other Industry Related Impediments Impediment: Impacts of the Sub-prime Mortgage Lending Crises and increased Foreclosures. Remedial Action: Continue to work with the State, National Non-Profit Housing Intermediaries, Federal Home Loan Bank, other lenders and HUD to evaluate programs and identify funding that can help reduces the mortgage default rate and foreclosure rates among low and moderate-income home buyers and existing home owners. Impediment: Low number of loan applications from minorities and low origination rates for minority applicants. Remedial Action: Continue homebuyer outreach and education efforts. Expand homeownership and credit counseling classes as part of a high school curriculum in order to help prevent credit problems later in life. Impediment: Predatory lending and other industry practices. Remedial Action: Continue to encourage financial institutions to assist low to moderate-income persons by establishing or reestablishing checking, saving, and credit accounts for residents that commonly utilize check cashing services through bank initiated "fresh start programs" for those with poor credit and previous non- compliant bank account practices. Socio-Economic Impediments Impediment: Poverty and low-income among minority populations. Remedial Action: Continue to work on expanding job opportunities through the recruitment of corporations, the provision of incentives for local corporations seeking expansion opportunities, and the assistance with the preparation of small business loan applications. Support agencies that provide workforce development programs and continuing education courses to increase the educational level and job skills of residents. Neighborhood Conditions Related Impediments Impediment: Limited resources to assist lower income, elderly and indigent homeowners maintain their homes and stability in neighborhoods. Remedial Action: Continue to support and expand program of Self-Help Initiatives based on volunteers providing housing assistance to designated elderly and indigent property owners and assist them in complying with municipal housing codes. Involve volunteers, community and religious organizations/institutions and Fifth Program l gar C. PER 15 Item # 4 Attachment number 2 Page 16 of 38 businesses as a means of supplementing financial resources for housing repair and neighborhood cleanups. Public Policy Related Impediments There were no Public Policy Related Impediments. The City funds programs that offer free classes for persons desiring to become homeowners. The Pinellas Realtor Organization subscribes to the Voluntary Affirmative Marketing Agreement (VAMA) and works to educate its members about Fair Housing. Training and marketing materials have been videotaped and translated into American Sign Language and Spanish. The City promotes home ownership and education at various homebuyer fairs and expositions. The City also provides funding to Community Service Foundation to provide Fair Housing Education. In addition to the Human Relations Department, the City is working with Pinellas County Realtors through the VAMA Program to further fair housing opportunities in real estate transactions. To further these efforts of the VAMA, the Pinellas County Board of Realtors enlisted the services of the Community Housing Resource Board to focus on the federal, state and local enforcement agencies, housing industry groups and volunteer community groups working together to promote fair housing practices. These efforts include: • Providing public information on fair housing • Assessing community fair housing needs and identifying local problems and issues that impede equal housing opportunity • Evaluating performance and effectiveness of the VAMA • Expanding minority involvement in the real estate industry • Expanding public awareness of housing opportunities in the community • Developing cooperative solutions to problems associated with the implementation of the VAMA Other actions during the FY 09-10 include: • Continued support of Pinellas County Human Relations Department, Pinellas County Board of Realtors, and the Community Housing Resource Board • Continued to work with the local committee of American with Disabilities to view housing related issues for homeowners, renters, or homebuyers with disabilities • Provided SHIP funding in the amount of $2,500 to the Community Service Foundation, $20,000 to Tampa Bay Community Development Corporation, and $2,500 to Clearwater Neighborhood Housing Service to implement homebuyers training programs, fair housing education and assistance, and foreclosure prevention and counseling services • Provided funding in the amount of $19,984 to Gulf Coast Legal Services to implement a fair housing program that offers counseling services, initial needs assessment, rental eviction intervention, and marketing of fair housing programs. The agency assisted 89 individuals • Provided funding in the amount of $10,000 to Community Service Foundation to administer a fair housing program. The agency assisted 118 individuals The Pinellas County anti-discrimination effort focuses on public information and enforcement of fair housing regulations and the County's Human Rights Ordinance. Fifth Program l gar C. PER 1 Item # 4 Attachment number 2 Page 17 of 38 The County publishes a Housing Resource Directory that includes an overview of fair housing law, information about reasonable accommodation and accessibility, and a list of state and local enforcement agencies. The County produces a brochure entitled, Fair Housing in Pinellas County, and distributes approximately 5,000 copies annually. Below market rate mortgages, down payment and closing cost assistance are readily available through the County's Housing Finance Authority and through other agencies. The County is also active in providing and promoting affordable housing, providing low-cost funds for home purchase or repair, and modifications to homes to make them accessible to persons with disabilities. The City directs significant resources to expand the supply of affordable rental housing and partners with a variety of for-profit and non-profit developers and the Housing Finance Authority of Pinellas County. The City also assists developers with a variety of incentives aimed at reducing development costs, impact fees, and regulatory impediments. The City encourages mixed-income, multi-family developments to develop affordable housing in areas that are not predominantly low to moderate-income areas as part of a continuing effort to deconcentrate poverty. Funding is denied to developers who do not provide mixed-income housing where the effect could be to racially or economically segregate low-income households. 4. LEVERAGING RESOURCES The City's efforts to provide affordable housing and other services to very-low to moderate-income families have resulted in leveraging a great amount of additional resources. Through the Infill Housing and Down Payment Assistance Programs, the City continues to work closely with the lending and housing non-profits in the community to leverage private investment in home ownership. (Please see Homebuyers Section for accomplishments). In addition, the City works with Community Service Foundation, Tampa Bay Community Development Corporation, and Clearwater Neighborhood Housing Service, Inc. to provide homeownership counseling to support our housing programs. During this reporting period, the City provided $486,850 in SHIP/HOME funds to purchase five vacant lots. The purchase of the lots has resulted in four new homes. The City's investment contributed to private investments of $401,084 for the four homes. The homes were purchased by two families with an income of less than 50% of area median income, two of the homes are vacant and one is under construction. In this reporting period, an additional $16,000 in HOME funds was expended on an existing single-family housing unit that was acquired last year. The housing unit will be rehabilitated and sold as an affordable housing unit to a low to moderate-income family in the next reporting period. The City's Down Payment and Closing Cost Program provided new homebuyer opportunities to twenty-four families. Of the families assisted, one family's income was below 50% of area median income and the remaining twenty-three families had incomes between 50-80% of area median. The average purchase price of the homes was $78,148. Fifth Program l gar C. PER 17 Item # 4 Attachment number 2 Page 18 of 38 A total of $326,850 in HOME funds and $65,000 in SHIP funds were provided to make homeownership possible. This public investment of $391,850 resulted in $390,000 in private capital being placed in the City's economy. 5. CONTINUUM OF CARE NARRATIVE The City works closely with the Pinellas County Coalition for the Homeless and various other homeless services providers in addressing the needs of the City's Homeless. The City listed Continuum of Care issues as a high priority in the Consolidated Plan. During this reporting period, the City provided $30,000 in CDBG funds to Clearwater Homeless Intervention Project (CHIP) as operating capital for their Emergency Shelter Facility as part of its Continuum of Care. The facility provided shelter, food, counseling, and case management services to 1,612 individuals during this reporting period. The Homeless Emergency Project received $150,000 to build an office complex to provide services for the homeless. The facility offers food to homeless individuals and families. The agency's served 968 homeless individuals and families. In addition to short and long-term housing for the homeless, HEP provides a variety of other services including job placement, medical, dental and psychological counseling. The City also provided an additional $20,000 in operational support to implement these programs. A total of $45,710 was provided to Religious Community Services - Food Pantry to complete the renovation of their distribution facility that provides food for deserving low-income and homeless individuals and families. The agency provided services to 8,739 families during this reporting period. CDBG funds were provided in the amount of $30,000 to the Pinellas Opportunity Council to administer their Chore Services Program. Through this program, various chore services were provided to sixty-eight elderly, frail elderly, developmentally- disabled and physically-disabled individuals to assist them in remaining in their home. 6. CITIZENS PARTICIPATION The City maintains a Neighborhood and Affordable Housing Advisory Board to encourage public participation. The Board meets periodically to discuss and make recommendations to City staff and the City Council on housing-related issues. The City Clerk's Office maintains minutes from the meetings. The City has not received any citizen comments on the Proposed FY 2009-10 CAPER. 7. OTHER ACTIONS a. Fostering and Maintaining Affordable Housing The City has been very proactive in fostering and maintaining affordable housing. Although the City cannot control the cost of labor, goods or land costs, the City Fifth Program l gar C. PER 18 Item # 4 Attachment number 2 Page 19 of 38 continues to look for new and creative ways to address the issue of affordability. Some of the steps the City has taken in the past and/or is currently doing include: • Design homes that are practical and efficient • Subsidize impact fees • Provide financing at below market rates, zero percent and/or deferred payment loans • Fund subrecipients to acquire vacant properties and build affordable houses • Work with subrecipients to acquire homes foreclosed by HUD and resell them as affordable housing units • Pay for infrastructure improvements with general revenue funds • Change the City's Development Code to address other development issues • Work with the local housing authority to buy property and resell for affordable housing • Work with developers to put together applications for funding through the Low-Income Housing Tax Credit Program, State of Florida Housing Bond Program and other resources to build or rehabilitate rental units for affordable housing b. Barriers to Affordable Housing In the early years (1992 - 1995) of the City's SHIP Program, the Clearwater's Affordable Housing Advisory Committee (AHAC) reviewed the following areas to identify potential barriers to affordable housing: • Affordable Housing Definitions • Permit Processing • Impact Fee Requirements • Infrastructure Capacity • Residential Zoning Density • Transfer of Development Rights • On-Site Parking and Setback Requirements • Zero-Lot Line Development • Sidewalk and Street Requirements • Regulatory Review Processes • Inventory of Lands Suitable for Affordable Housing Development The City began receiving SHIP Program funding in 1992 when the Florida Legislature adopted the Sadowski Act. The SHIP Program is a dedicated source of affordable housing funds that are provided annually to cities and counties within the State of Florida. One of the driving forces behind the passage of the Sadowski Act was the Florida Homebuilders and Contractors Associations. As a result of their lobbying effort, SHIP jurisdictions each year must expend 75% of their funds, entitlement and recaptured funds, on activities that involve construction and/or rehabilitation of homes, and in addition, 65% of the funds, entitlement and recaptured funds, must result in homeownership. A major requirement of the SHIP Program, as well as a condition of receiving continued funding, was each jurisdiction had to adopt affordable housing incentives that would assist in the implementation of their affordable housing activities. Each SHIP entitlement community was required to adopt an Affordable Housing Incentive 1 Fifth Program l gar C. PER 19 Item # 4 Attachment number 2 Page 20 of 38 Plan (AHIP), which contained, at a minimum two statutory required incentives: 1. Assurance that permits as defined in Chapter 163.3164(7) and (8) F.S. for affordable housing projects are expedited to a greater degree than other projects; 2. An ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption (420.9071(16) F. S.). During the 2007 legislative session, the Florida legislature passed House Bill 1375. Under this bill, approval was granted for the creation of Section 420.9076 of the Florida Statute. This statute requires counties and cities receiving SHIP funds to appoint an eleven member Affordable Housing Advisory Committee (AHAC). The statute further provides that the committee be made up of members from a specific industry or a specific group as identified in the statute. The requirement was largely met through the use of the City's existing Neighborhood and Affordable Housing Advisory Board (NAHAB). The City Council adopted Resolution No. 08-15 that created and appointed the AHAC. The duties of the AHAC included reviewing policies and procedures, ordinances, land development regulations and the City's adopted comprehensive plan and recommending specific actions or initiatives to encourage or facilitate affordable housing. Per state statute, at a minimum, the AHAC reviewed and made recommendations on the following: 1. The processing of approvals of development orders or permits, as defined in F.S.163.3164 (7) and (8), for affordable housing projects is expedited to a greater degree than other projects. 2. The modification of impact-fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. 3. The allowance of flexibility in densities for affordable housing. 4. The reservation of infrastructure capacity or housing for very-low income persons, low-income persons, and moderate-income persons. 5. The allowance of affordable accessory residential units in residential zoning districts. 6. The reduction of parking and setback requirements for affordable housing. 7. The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. 8. The modification of street requirements for affordable housing. 9. The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. 10. The preparation of a printed inventory of locally owned public lands suitable for affordable housing. 11. The support of development near transportation hubs and major employment centers and mixed-use developments. In July 2008, the Economic Development and Housing Department contracted with Wade Trim, Inc. to help facilitate the process. Wade Trim coordinated the preparation of the Local Housing Incentive Strategy in cooperation with City staff and the AHAC. The Local Housing Incentive Strategy encompasses the definition, vision, strategic focus areas and incentive recommendations in order to facilitate the development of affordable housing in the City. The AHAC convened on four occasions 1 Fifth Program l gar C. PER 20 Item # 4 Attachment number 2 Page 21 of 38 in order to develop and identify the value of affordable housing, identify the principles for Clearwater's affordable housing and develop a vision statement to be included as part of the Local Hosing Incentives Strategy. A separate focus group consisting of for-profit and non-profit affordable housing developers was organized in order to gain additional insight and recommendations concerning the incentive strategies. The report highlights an affordable housing vision statement that was derived from input by board members. Additionally, AHAC members focused on the values that affordable housing brings to the City. The themes identified centered on the values that affordable housing supports a dynamic and competitive economy, improves the social well being that builds a sense of community, and ensures that the City's workforce can live within the City limits. Furthermore, the AHAC also identified and recommended provisions that would identify adaptive reuse practices, require triennial updates to the City's Local Housing Incentives Strategy, support design standards for affordable housing developers, improve communication and marketing channels for affordable housing, diversify financing resources, and support development of public and private partnerships for the provision of affordable housing. By statute, the initial report was submitted to the City Council by December 30, 2008. After the initial submission, the reports become due every three (3) years on December 31s' of the year preceding the submission of the Local Housing Assistance Plan (LHAP). The City Council reviewed the Local Housing Incentives Strategy recommendations that were approved by the AHAC on November 19, 2008. The City Council adopted an amendment to the LHAP to incorporate the local housing incentive strategies it will implement for the City. The amendment included, at a minimum, the state required incentive strategies specified above. Upon approval, the City notified the state of its adoption of an amendment to its LHAP to incorporate the incentive strategies. The notice included a copy of the approved amended plan in order to comply with the SHIP programs participation guidelines. In future years, as part of the monitoring process conducted by the State of Florida, the monitors will be evaluating how local jurisdictions are implementing their affordable housing incentives in order to ensure they are meeting their statutory obligations. These evaluations will analyze the process and policies that all affordable housing projects go through from start to finish. This process is not totally exclusive to affordable housing projects using SHIP dollars, but any affordable housing project taking place in the City, regardless of the funding source. c. Managing the Process As part of the review process for proposed policies, regulations, plans and programs, the sponsoring City department requests the Economic Development and Housing Department to analyze the economic impact of the action proposed as it pertains to the cost of housing. The analysis shows the estimated increase in cost to an average home. The analyses are maintained on file in the Housing Division of the Economic Development and Housing Department. The City holds public hearings and meetings to obtain citizen input and to respond to citizen proposals and inquiries about activities and program performances. Citizens Fifth Program l gar C. PER 21 Item # 4 Attachment number 2 Page 22 of 38 and other City stakeholders have emphasized the need to consider the City's diverse interests in the establishment of goals, objectives, policies and priorities; the identification of new projects and programs; and in the application, monitoring and evaluation of existing programs. Typically, the Economic Development and Housing Department staff meets with prospective affordable housing developers to determine the level of assistance and project needs. If the developer proceeds with a project, staff facilitates the plan review and permitting process through the Planning, Building and Engineering Departments. This allows the Economic Development and Housing Department to troubleshoot and streamline the process. Below is a section from the City's Expedited Processing and Ongoing Review Policy. d. Expedited Processing L Building Department All affordable housing projects, as defined in Chapter 163.3164(7) and (8) F.S., that are located within the City limits are required to include with their application for a building permit a request for Expedited Processing. A copy of this request must be provided to the Building Official and to the Assistant Director of Housing. Expedited Processing affords eligible projects priority over projects without this status. When an affordable housing project receives approval, the Building Division notifies the Assistant Director who, in turn, will document the timeframe for the application process. ii. Planning Department The Planning Department will follow the City of Clearwater - Community Development Code when processing all affordable housing applications for activities that require rezoning, land-use amendments, variances, development orders, etc. Under the Code, all projects are reviewed and may be scheduled for the next meeting of the Development Review Committee (DRC - staff level review) and if needed, the Community Development Board (CDB). Many applications can be decided at the staff level and may not need to go DRC and/or CDB. When affordable housing projects and/or applications are submitted that can be decided at the staff level, they shall receive priority and be reviewed before any non-affordable housing project and/or applications. Applicants must indicate that the project will be an affordable housing development and/or project. The Planning Department has and will continue to implement, where possible, the expedited plan amendment process for large-scale amendments related to the provision of affordable housing. e. Comprehensive Plan Analysis The City's Comprehensive Plan includes a state mandated housing element that analyzes the City's existing and projected housing need. The element contains goals, objectives and policies that work in tandem with other housing policy documents. Fostering and maintaining an affordable housing supply is one of the element's primary goals. The goal is supported by policies that aim to reduce barriers to public and private sector construction of affordable units. Fifth Program l gar C. PER 2- Item # 4 Attachment number 2 Page 23 of 38 The Economic Development and Housing Department coordinated with the Planning Department in 2005 for the preparation of the Evaluation and Appraisal Report (EAR) for the Comprehensive Plan. A focus of the EAR was affordable housing. In this regard, the EAR included an assessment of the successes and shortcomings of the City's affordable housing policies and programs, along with recommendations for improvement. The EAR recommendations were addressed in a major update of the Comprehensive Plan in 2007-2008. As part of the review process, the City formed a Citizen Advisory Committee (CAC) to provide direction in the EAR. The CAC, along with a consultant (Wade Trim, Inc.), established identification of data needs and methods of compilation, meetings, methodology of comprehensive issues analysis, and coordination with other city departments. The results were provided to the City's Planning Department. The Planning Departments recommendations were approved by the City Council. f. Lead Based Paint Lead based paint continues to be a serious problem throughout cities across America. It is usually prevalent in homes built prior to 1978. Clearwater's housing stock is relatively new with the average home being built after 1970. However, the City still maintains that lead based paint is a serious issue and conducts housing inspections to determine if there are defective paint surfaces. If lead conditions are present, the lead paint is either removed or covered in a manner described by HUD. The City will continue its effort to rid structures of lead based paint and will inspect any homes built prior to 1978 for any presence of lead based paint. The City will continue to test and remove all lead based paint surfaces in structures that are being rehabilitated under our programs that are using federal funds. The City will use the services of the Pinellas County Environmental Department to test all structures with defective paint surfaces and the local Health Department to test children for elevated blood levels. The Willa Carson Community Health Resource Center continues to participate with the City by providing a meeting area for neighborhood based education programs, disseminating information on the hazards of lead based paint, and blood screenings. The City places information about lead based paint and safety on the City's Housing Division website. Program activities include: • Collaboration between public-private agencies involving housing, health, and community-based organizations to facilitate a Healthy Home Team to go door-to-door in the targeted Brownfields area to identify children and homes at risk • Assurance that children identified as at risk receive blood lead testing and the child with elevated lead levels receives follow-up care • Promotion of a public awareness campaign through education via physicians and the community and disbursement of educational materials • Routine placement of educational materials on the City's Housing Division webpage • Assessment of homes at risk to identify lead hazard control services to eliminate hazards identified in homes Fifth Program l gar C. PER 23 Item # 4 Attachment number 2 Page 24 of 38 • Initiation of supportive lead hazard control services to eliminate hazards identified in homes • Evaluation of prevention activities to measure the impact and outcome of program services and intervention efforts in the community g. Poverty Level Assessment The City realized that the most effective way to reduce the number of persons below the poverty level was to increase their income through providing employment opportunities. The City provides funding to support service organizations that reduce impediments for families allowing them to rise above the poverty level. The City provides economic development opportunities to non-profit and for-profit businesses that agree to hire lower-income individuals. Through the coordination of programs, including the Environmental Protection Agency, State Brownfields Redevelopment initiatives, Juvenile Welfare Board, Clearwater Stars, United Way, the Eckerd Foundation, Pinellas County WorkNet, and the University of South Florida, the City will continue to expand its efforts to reduce impediments. h. Institutional Structure To overcome gaps in institutional structures and enhance coordination, the City provided local lenders with information relative to the City's housing programs. Together we are able to provide home ownership and homebuyer opportunities for very-low to moderate-income families. The City and its subrecipients pre-qualify clients to the lender's and City's specifications and provides financing in the form of down payment assistance. L Public Housing and Residential Initiatives The City understands the benefits of improving public housing and resident initiatives. To improve the lives of families residing in public housing the City targeted the children to break the cycle. The City will continue to work and strengthen our relationship with the Clearwater Housing Authority (CHA) to foster innovative public housing developments, potential joint ventures and residential initiatives. 8. HOUSING a. Housing Needs The City has been very proactive in fostering and maintaining affordable housing. Although the City cannot control the cost of labor, goods or land costs, the City continues to look for new and creative ways to address the issue of affordability. Some of the steps the City has taken in the past and/or is currently doing include: • Design homes that are practical and efficient • Subsidize impact fees • Provide financing at below market rates, zero percent and/or deferred payment loans • Fund subrecipients to acquire vacant properties and build affordable houses Fifth Program l gar C. PER ? Item # 4 Attachment number 2 Page 25 of 38 • Work with subrecipients to acquire homes foreclosed by HUD and resell them as affordable housing units • Pay for infrastructure improvements with general revenue funds • Change the City's Development Code to address other development issues • Work with the local housing authority to buy property and resell for affordable housing • Work with developers to put together applications for funding through the Low-Income Housing Tax Credit Program, State of Florida Housing Bond Program and other resources to build or rehabilitate rental units for affordable housing b. Specific Five-Year Housing Objectives Housina Obiective One: Build 200 new mixed-income rental units in conjunction with ongoing redevelopment/revitalization projects. • Federal Funds: HOME/CBDG • State/Other Funds: SHIP, FHFC programs Housing Objective Two: Acquire and/or rehabilitate 50 units in small rental complexes for mixed-income affordable rental housing. • Federal Funds: HOME/CBDG • State/Other Funds: SHIP, FHFC programs Housing Objective Three: Preserve the existing housing stock by rehabilitating 100 units owned by low-income owner households. • Federal Funds: HOME/CBDG • State/Other Funds: SHIP Housing Objective Four: Preserve the existing housing stock by funding the acquisition and rehabilitation/expansion of 50 existing units for new low-income owner households. • Federal Funds: HOME • State/Other Funds: SHIP Housina Obiective Five: Provide direct down payment/closing cost assistance to 100 low and moderate-income homebuyers. • Federal Funds: HOME • State/Other Funds: SHIP, HFA Bonds Housina Obiective Six: Construct 20 new affordable, for sale, in-fill units in support of the City's ongoing revitalization/redevelopment activities. • Federal Funds: HOME/CDBG • State/Other Funds: SHIP Housing Objective Seven: Provide credit counseling and homeownership training assistance to 100 perspective low-income homebuyers. Fifth Program l gar C. PER 2 Item # 4 Attachment number 2 Page 26 of 38 Goals Actual FY Actual Actual Actual Actual Total 2006 FY 2007 FY 2008 FY 2009 FY 2010 Build Mixed 200 4 4 Income Rentals Acquire/Rehab 50 2 2 Mixed Income Rentals Rehab Low- 100 20 18 18 17 21 94 Income Owner Housing Acquire/Rehab 50 4 9 1 14 Low-Income Housing Down Payment 100 12 14 7 15 24 72 Assistance Low- Income Housing Build New 20 10 14 3 5 32 Affordable Housing Housing 100 312 132 204 286 135 1,069 Consulting Total Housing 520 46 46 31 44 51 218 Units c. Housing Accomplishments During FY 2009-10, the City made a total of twenty-four rehabilitation loans with HOME and/or SHIP and Pinellas Housing Trust Fund Program funds. Thirteen SHIP- only loans were provided to low to moderate-income families with twelve loans being provided for families with income of less than 50% of area median income. One loan was provided to a family with income between 50% and 80% of area median income. An additional combination of HOME and SHIP loans were provided to six low to moderate-income families. Of those loans, five were provided to families with income less than 50% of area median income and one loan was provided to a family with income between 50-80% of area median income. Homeowner rehabilitation produced $164,668 in expenditures from the HOME Program with an additional $54,889 in SHIP funds expenditures as the HOME match. The rehabilitation program also produced $415,559 in direct expenditures from the unmatched SHIP Program Funds. The total expenditures from all funds were $635,116. The City offers several programs that help make housing more affordable to very-low and moderate-income homebuyers. The City's Home Ownership Program will lend funds to purchase land, provide down payment assistance, pay impact fees, pay disposition and closing costs and build new homes for income eligible home buyers. Funds in this program are also available to approved non-profit agencies financing their clients home ownership needs. Currently these agencies include: Fifth Program l gar C. PER 26 Item # 4 Attachment number 2 Page 27 of 38 • Clearwater Neighborhood Housing Services, Inc. • Community Service Foundation • Habitat for Humanity • Largo Area Housing Development Corporation • Tampa Bay Community Development Corporation The City provided an allocation of $25,000 to Tampa Bay Community Development Corporation (TBCDC) to administer their Home Buyers Club and Homeownership Counseling Program and $2,500 to Community Services Foundation (CSF) to administer a Partnership to Homeownership Program and Homebuyer Education Program. In addition, the City provided $2,500 in funding to Clearwater Neighborhood Housing Services (CNHS) to implement a Housing Education/Counseling Program. All of the education and counseling programs were funded through the SHIP Program. The $30,000 in funding set-aside for the Home Buyer Counseling Program resulted in a total expenditure of $20,000. The total was comprised of $17,710 in expenditures from TBCDC, $790 from CSF, and $1,500 from CNHS. Over 135 individuals/families took part in the education/counseling services during this reporting period. A total of 100 participated in both TBCDC Programs (Homeownership Counseling and Homebuyer Education Programs), ten participated in Community Service Foundation's Partnership to Ownership and Homebuyer Education Programs, and twenty-five participated through Clearwater Neighborhood Housing Services, Inc. Housing Education/Counseling Programs. 9. HOME Program a. Assessment of Relationship of HOME Funds The City received an allocation of $589,019 in HOME Entitlement Funds for FY 2009-10. The majority of the funds were set aside for housing development. The table shows how funds for the entitlement allocation were budgeted this reporting period: Subreci lent Housing Pool $441,765 Community Housing Development Organizations $88,353 Program Administration $58,901 TOTAL $589,0191 Funds set aside in the Subrecipient Housing Pool may be used for homeownership rehabilitation; new single-family housing construction, down payment and closing cost assistance, acquisition of real property and other related housing costs. Funds set aside for the Community Housing Development Organization are undetermined. The table lists the activities by which the funds were expended during this reporting period with the FY 2009-10 entitlement allocation, program income and reprogrammed funds from prior years. Fifth Program l gar C. PER 27 Item # 4 Attachment number 2 Page 28 of 38 Rehabilitation owner-Occupied $164,667.53 Administration/Pro ram Deliver Costs $62,281.97 Acquisition/New Construction - Single Family $836,786.36 Community Housing Development Organizations $180,467.71 Down Payment and Closing Costs Assistance $0 Total HOME Expenditures $1,244,203.57 The City has three certified Community Housing Development Organizations (CHDOs); Clearwater Neighborhood Housing Services, Inc., Habitat for Humanity of Pinellas Community Housing Development Organization, Inc. and Largo Area Housing Development Corporation. The City is currently soliciting other organizations to become eligible as a CHDO. b. HOME Match Report Please see Match Report in Appendix under "IDIS Reports". c. HOME Inspections, Affirmative Marketing Actions, Outreach to Minority and Women Owned Businesses Three rental housing developments previously funded and subject to HOME monitoring were inspected during this reporting period. The housing developments were Wellington Apartments, Fulton Avenue Apartments and Lexington Apartments. Wellington and Fulton Avenue Apartments provide housing for low to moderate- income families and Lexington Apartments provide housing for the elderly. The monitoring visits to Wellington, Fulton Avenue and Lexington Apartments did not show any areas of non-compliance. 10. OTHER HOUSING PROGRAMS a. State Housing Initiatives Partnership (SHIP) Program During FY 2009-10, the City expended the following dollars in association with the development and preservation of loans for housing units for low to moderate-income families with acquisition, down payment and closing cost assistance for new and existing units. Challenge Fund Infill (Acquisition) Loan Program SHIP Funds Expended $389,176 Private Funds Expended $396,084 Owner Equity $5,000 TOTAL $790,260 Fifth Program l gar C. PER 28 Item # 4 Attachment number 2 Page 29 of 38 Funding from this program provided one family with property acquisition cost assistance. The family had income at less than 80% of the area median income. Down Payment and Closing Cost Assistance Loan Program SHIP Funds Expended $330,060 Other Public Funds Expended $30,000 Private Funds Expended $1,921,521 Owner Equity $61,556 TOTAL $2,343,137 Funding from this program provided fifteen families with down payment and closing cost assistance. All fifteen families had incomes less than 80% of the area median income. Rehabilitation Loan Program SHIP Funds Expended $531,768 TOTAL $531768 Funding from this program provided rehabilitation funds to thirteen families. All the families assisted had income less than 80% of the area median income. A total of $205,230 in total revenues (allocation, program income and recaptured funds) was deposited into the Local Affordable Housing Trust Fund during State FY 09-10. These funds were generated through the following: State Annual Distribution $97,329 Program income $ 226,509 Recaptured Funds $0 TOTAL $323,8381 b. Emergency Shelter Grants Program The City does not receive any Emergency Shelter Grant Funds. c. Brownfields Program The Brownfields Area is one of the oldest sections of the City with a low-income, minority population in the most densely populated county in Florida. The City's Brownfields area covers all three of the City's Neighborhood Revitalization Strategy Areas. Clearwater has the distinction of being the first state-designated Brownfields area in the State of Florida. It was over ten years ago since the City was awarded its first EPA Brownfields Assessment Grant. The Clearwater Brownfields Area (CBA), with 1 Fifth Program l gar C. PER 29 Item # 4 Attachment number 2 Page 30 of 38 approximately 244 regulatory listed sites located in over 7,000 properties, is spread across more than 1,842+ acres. Clearwater defines Brownfields as "redevelopment opportunities that result in viable economic and community development, residential, and open-space/greenspace projects." The definition reflects a perception of Brownfields that is results-oriented, viewing challenges as opportunities rather than insurmountable liabilities. Over the last decade, the City has moved aggressively to attract funding for its Brownfields program. The City has received a total of $2,900,000 in EPA grants and over $1,800,000 in state and other Brownfields related funding. Clearwater has conducted over ninety Phase I Environmental Assessments, over fifteen Phase II Assessments, and fourteen sites have been cleaned up and readied for reuse. To capture the benefits to public health, the City's Economic Development & Housing Department Brownfields Program developed a Model Scoping Plan and Report for the Tampa Bay Region Public Health Monitoring Project (PHM). The PHM was funded from a US EPA Brownfields Assessment Grant. By integrating public health with Brownfields redevelopment, the physical, mental, social and spiritual well being of individuals, families and the community can be improved. To gain insight about health challenges faced by Clearwater communities, an initial meeting was held with local public healthcare providers. A summary report of the meeting was considered an initial measurement to develop a collaborative effort to improve community health, well-being and sustainability. Tangible benefits of Brownfields redevelopment can include health clinics, community gardens, parks and recreations area, and health related business (e.g. pharmacies, diagnostic centers). Public health monitoring offers a variety of tools that can be used to identify the public health needs that may be addressed through Brownfields redevelopment. These include mapping of site characteristics, examination of vital statistics and monitoring of health and environment (e.g. asthma surveillance, lead abatement) among other measures. During this reporting period, the CRA-owned former Clearwater Auto Salvage Yard finalized environmental remediation and received a Site Rehabilitation Completion Order from FDEP. Tax credits have been awarded from the FDEP Voluntary Tax Clean-up Program in the amount of $516,943.70 for this project. The CRA also acquired the Car Pro property (see East Gateway NSRA) for environmental remediation. The City made scholarships funds available for eligible Brownfields residents to enroll in a healthcare and medical accreditation program offered at Ultimate Medical Academy campuses located at 1218 Court Street and 1255 Cleveland Street. Brochures were created and distributed to non-profits and libraries in the Brownfields area. To date, twelve students were awarded various scholarships, depending on their field of choice, at a cost of $23,387.50. 11. COMMUNITY DEVELOPMENT The City utilized a strategy of diversification when selecting CDBG eligible activities. Funds in the amount of $186,561 were allocated for administration, $185,920 for Fifth Program l gar C. PER 30 Item # 4 Attachment number 2 Page 31 of 38 housing activities (rehabilitation, acquisition, disposition, etc.), $195,710 for public facilities and improvements and $149,632 for public services. a. Nature and Reasons for Any Changes to Objectives There were no changes or amendments to program objectives. b. Assessment of Grantee Efforts to Carryout Planned Actions 1. All resources (CDBG, HOME and SHIP) listed in the Consolidated Plan were obtained. 2. The City supported the Homeless Emergency Project in an application for federal funds. 3. In addition to CDBG, HOME and SHIP funds, the City was successful in obtaining private sector leveraging for new housing construction and financing home purchases. c. Actions of Funds Used Outside the National Objectives All CDBG funds were used for activities that meet the national objectives. d. Acquisition, Rehabilitation and Demolition Narrative Neither the City, nor its subrecipients, acquired or rehabilitated buildings that resulted in the displacement of business, individuals or families as a result of projects funded with CDBG or HOME dollars. All properties that were acquired with CDBG funds were voluntary and mostly vacant parcels. The City's subrecipients purchased all properties acquired during this reporting period. They include Clearwater Neighborhood Housing Service, Inc. and Habitat for Humanity. When subrecipients become interested in a property they want to acquire, the following steps are required: 1. The subrecipient informs the property owner they are interested in the property. 2. The subrecipient sends out HUD Guide Notice-Disclosures to Sellers with Voluntary, Arm's Length Purchase Offer. 3. The subrecipient informs the owner they do not have the power of Eminent Domain and the purchase would strictly be a voluntary transaction. 4. If the owner is interested in selling the property, an appraisal is obtained. 5. The subrecipient determines just compensation for the property. 6. The subrecipient offers just compensation to the owner. 7. The owner agrees to the offer, the subrecipient may purchase the property. 8. If the offer is not acceptable to the owner, both parties walk away from the deal. Temporary relocation benefits were provided to eligible homeowners while their homes were being rehabilitated. Temporary benefits include moving, storage, temporary rents, and utilities. Fifth Program l gar C. PER 31 Item # 4 Attachment number 2 Page 32 of 38 e. Economic Development Narrative For FY 2009-10, the City expended $11,643.26 for Economic Development Program Delivery. The program delivery costs were associated with managing the economic development loan portfolio. These costs include, but are not limited to, collecting on unpaid loans, sending out late notices, maintaining data in the City's financial system, and reevaluating loans. Currently, the City has suspended its Economic Development Revolving Loan Program and is reviewing options on its status. At the end of this reporting period, the balance in the City's Economic Development Revolving Loan Program was $249,117.87. The City is in the process of establishing a fagade improvement program in the upcoming reporting period. This program will have an initial budget of $80,000 with funds established from the existing revolving loan fund. f. Limited Clientele Narrative The City and its subrecipients maintain files that document all clients who qualify for the limited clientele designation. g. Loans and Other Receivables The City maintains three revolving loan funds. They are the Rehabilitation Revolving Loan Fund to rehabilitate owner-occupied housing, the Economic Development Revolving Loan Fund to provide loans to for-profit businesses, and an Infill Housing Revolving Loan Fund to acquire real property to build new owner-occupied housing. During the reporting year, the Rehabilitation Revolving Loan Fund generated $115,988.38 in program income. The cash balance at the end of the reporting period was $186,897.48. The Infill Housing Revolving Loan Fund generated $54,705.97 in program income. The cash balance at the end of the reporting period was $278,620.14. The Economic Development Revolving Loan Fund generated $19,721.42 in program income. The cash balance at the end of the reporting period was $249,117.87. Please see Financial Summary Report for other loans and receivable information. h. Lump Sum Agreements The City does not provide lump sum drawdowns. 12. NEIGHBORHOOD REVITALIZATION STRATEGY AREAS The City of Clearwater's Neighborhood Revitalization Strategy (NRS) is a component of the City's Five-Year Consolidated Plan. The strategy was established to promote a flexible design in the City's allocation of funds provided by HUD and CDBG to promote innovative programs in economically disadvantaged areas of the City. The NRS provides for enhanced regulatory flexibility in the program requirements for providing CDBG funds for economic development, housing and public service activities. In terms of economic development relief, the strategy allows job creation or retention efforts by businesses not to be hampered by requiring them to track the 1 Fifth Program l gar C. PER K Item # 4 Attachment number 2 Page 33 of 38 income of people hired or retained. Economic development activities carried out in the approved neighborhood revitalization areas are also exempt from the aggregate public benefit standards. The relief for public service activities can be viewed in terms of the regulatory requirements that no more than 15% of the total CDBG allocation may be used for public services activities. Under this strategy, all public services offered within the subject neighborhoods and carried out as part of qualified projects by a Community Based Development Organization (CBDO) are exempt from the public service cap of 15%. Therefore, the City will be able to offer a more intensive level of service to stimulate revitalization. This allows the City to address some of the urgent needs of the disadvantaged community by offering job training and other related economic development assistance. In terms of housing relief, the revitalization strategy will allow the City to track scattered site housing units as a single strategy. This will enable the City to provide housing opportunities to not only very-low to low-income families, but to other families who earn between 80-120% of area median income. This will increase the level of affordable housing units and thereby raise the income level of the neighborhood and in the process create a mixed-income community. There are several non-housing factors that cause a blighting influence on communities. They range from vacant boarded structures, to crime, to lack of commercial/retail activities. To help stimulate economic development opportunities within the North Greenwood Neighborhood, the City took several measures to ensure that the neighborhood would be stable. The City built an 8,000 square foot library and a state-of-the-art aquatic/recreational center. In addition, the City provided roadway enhancements on Martin Luther King Avenue from Seminole to Palm Bluff Avenue. These were provided from non-federal resources. The NRS includes two different neighborhoods - the North Greenwood Community and South Greenwood Community. They both have their own goals and objectives. The North Greenwood NRSA has identified the following strategies to improve their neighborhood: • Eliminate poor conditions of structures • Remediate low-level contaminated sites • Reverse declining property values • Expand business opportunities • Create new investment opportunities in the neighborhood • Increase new job training and placement opportunities • Reduce the unemployment rate • Empower neighborhood residents to eliminate crime • Strengthen coordination of community organizations in the redevelopment effort The Lake Belleview (f.k.a. South Greenwood) NRSA has the same general strategies of the North Greenwood Area and has identified the following items as needed in their community: • Additional educational opportunities for businesses • A new neighborhood training facility • A new childcare facility Fifth Program l gar C. PER 3 Item # 4 Attachment number 2 Page 34 of 38 • Job training opportunities • A community library • Additional new homes • Better social services • Better collaboration of existing organizations • More crime awareness programs The City has taken several steps over the years to address the strategies in the NRS. Steps include developing a flexible code enforcement program, purchasing and demolishing dilapidated buildings, working with local law enforcement to reduce crime, funding outreach programs and providing loans to small businesses. a. North Greenwood Listed are the projects the City has completed in the North Greenwood NRSA. • North Greenwood Branch Library - (2003) • North Greenwood Recreation/Aquatic Complex - (2003) • North Greenwood Apartments Renovation - (2003) • North Greenwood Corridor Enhancements - (2006) • North Greenwood Reclaimed Water - (2010) • Stevensons Creek Dredging Project - (Planning Stage) In this reporting period, the City provided federal funding for several projects in the North Greenwood NRSA. They include: Public Service Willa Carson Community Health Center $25,000 Public Service Homeless Emergency Project - Operational $20,000 Public Facility Homeless Emergency Project - Office Development $150,000 TOTAL $195,000 The City is continuing their efforts to rehabilitate homes and develop infill housing in the North Greenwood Area. For this reporting period the City provided funding for one infill home and eight rehabilitation loans. b. Lake Belleview/South Greenwood The City is continuing their efforts to rehabilitate homes and develop infill housing in the Lake Belleview Area. For this reporting period the City provided funding for two infill housing loans, two down payment assistance loans, and one rehabilitation loan. Ross Norton Recreation Complex - (2004) Utilizing $2.9 million in general funds, the City built an aquatic/recreation complex, a skateboard park, a fishing pier on Lake Belleview and new baseball fields. In 2008, utilizing $200,000 raised from grants and corporate sponsors, the City partnered with an international organization, Let Them Be Kids, to design and construct a playground at the Ross Norton Recreation Complex. Fifth Program l gar C. PER 3. Item # 4 Attachment number 2 Page 35 of 38 Lake Belleview Stormwater Improvement Project - (2010) Utilizing $1.8 million in general funds, the City completed the Lake Belleview Stormwater Improvement project that included major improvements to Lakeview Road. In 2010, renovations were completed at the Ross Norton Baseball Fields to include bullpens, sod, irrigation and the reworking of the pitching mounds. In 2010, plans were being developed to install traffic calming devices throughout South Greenwood per the request of the neighborhood to improve safety for pedestrians. c. East Gateway District In 2002, the 260-acre Clearwater Community Redevelopment Area (CRA) was expanded to encompass 201 acres that included the East Gateway District, a distressed neighborhood that serves as the primary gateway to Clearwater's central business district and beaches. The expansion was viewed as a strategic approach to revitalize East Gateway, leverage public-private partnerships for economic development and housing, achieve stability in residential and business areas and increase redevelopment potential. The 176-acre East Gateway neighborhood is characterized by a mixed-land use pattern of residential housing interspersed with pockets of poorly maintained rental properties and outdated strip commercial developments. The commercial sector is burdened with a declining business base, deteriorating infrastructure, a mismatch of uses and vacant storefronts. The neighborhood struggles with code issues, homelessness, high rental rates and a negative image of crime due to problematic land uses and businesses. Significant decreases in traffic volumes, due to the rerouting of a state road in 2005, have affected business activity in the neighborhood and further emphasized the need for a targeted business development and investment strategy. The East Gateway Task Force, comprised of City staff, was formed in 2005 to develop strategies to bring about positive change in the neighborhood. The Task Force conducted a series of focus group meetings and neighborhood events in 2006 to gain an understanding of neighborhood issues, values and preferences. Input received through the public process was used in developing the East Gateway District Five-Year Action Program, which was adopted by the CRA on May 13, 2008. The goals of the Action Program are to: • Engage residents, businesses and other neighborhood interests in the creation and implementation of the action program; • Achieve neighborhood stability by addressing the social, economic and physical issues that plague the area; • Establish a unique and positive identity that instills neighborhood pride and sense of ownership; and • Revitalize the neighborhood to attract reinvestment in private property. The Action Program focuses on the following emphasis areas: 1) Safety and Security: 2) Business Environment; 3) Neighborhood Appearance; 4) Economic Growth and Housing; and 5) Hispanic Community integration. Generally, the Action Program will be implemented through: Fifth Program l gar C. PER 3 Item # 4 Attachment number 2 Page 36 of 38 • Application of applicable objectives, policies and design guidelines to redevelopment projects during the site plan review process; • Use of the Public Amenities Incentive Pool; • Public strategies (e.g., Code revisions or new program to address a neighborhood issue); and • Capital improvements projects (public and private). Action Program activities have been assigned to one of two timeframes for implementation over the five-year program period-Years 1 - 2: FY 07/08-FY 08/09 and Years 3 - 5: FY 09/10-FY 11/12. For action items that address particularly challenging issues (chronically homeless) or are highly dependent on outside forces (real estate market), the timeframe to achieve the desired outcome may extend beyond the five-year program period. Such occurrences will be assessed and reported during the monitoring and evaluation process. On an annual basis, in conjunction with the City budgeting process, actions items in the outer years (Years 3-5) will be moved into Years 1-2, as appropriate and feasible. While the City provides leadership, technical capabilities and funding for Action Program implementation, a partnership with community stakeholders is crucial to achieving neighborhood goals. A Public Outreach and Communications Plan guide the Task Force in engaging the diverse neighborhood interests in the revitalization efforts. In late 2008, two community groups were organized - the East Gateway Stakeholders Advisory Group (SAG) and the East Gateway Business and Neighbors Association (BNA). The City is currently coordinating with the Hispanic Outreach Center (HOC), a local social services agency, to capture input from Hispanic-Latino residents through focus groups discussions. The following accomplishments were noted during this reporting period in the East Gateway NRSA: • Acquired Carpro, an automotive repair shop, for environmental remediation and future redevelopment • Acquired the Economy Inn Motel and adjacent parcels (The Royal Palm Motel, Viva Mexico Restaurant, two duplexes, and one single-family house) for future redevelopment • Assisted a Developer with a loan to construct Country Club Townhomes, a 31- unit townhome project • Facilitated the bi-monthly SAG meetings • Assisted and presented before the BNA • Maintained the tracking report for the Five-Year Action Program and coordinated with the East Gateway Task Force • Identified sidewalk needs, completed a property owner petition drive and completed installation of six sidewalk projects o Franklin Street, Grove Street, Jefferson Avenue, Laura Street, Pierce Street and San Juan Court • Implemented the East Gateway District Fagade & Building Lot Improvement Program o Processed two applications, fulfilled four consultant contracts and issued four loan commitments • Attended Building Plan Review Committee (BPRC) meetings for development proposals Fifth Program l gar C. PER 3 Item # 4 Attachment number 2 Page 37 of 38 • Coordinated with Engineering for the Gulf to Bay - Highland Intersection Improvements project and solicited design input from the City Council, SAG and BNA • Co-sponsored and organized Talento 2010, A Celebration of Pinellas County's Hispanic Art & Culture - a program of the Pinellas Opportunity Council, Inc. • Received authorization from the Community Redevelopment Agency (CRA) for the development of a community-based vision for East Gateway's build-out and community character • Participated in meetings and assisted in the development of programs and events sponsored by the Clearwater Regional Chamber Hispanic Business Council o Ten Strategies for Commercial Applications, Effective Communications, and Hispanic Business Connection Networking Event • Conducted briefings with front line Development Review staff in the Planning Department, Building Division and Building Plans Review Committee • Maintained the East Gateway District Web Page providing ready access to revitalization efforts, documents, news, meeting agendas and meeting summaries • Contributed articles to three issues of Guia de Diversiones, a Spanish language newspaper • Conducted business visits and offered assistance for business expansions and/or improvements • Supported two police officers assigned to the Downtown Bike Team which has led to an increased police presence and cooperation between the residents and the City • Coordinated and attended, along with BNA leaders and the Police Department, the East Gateway Crime Walk that took place on January 28, 2010 13. Housing Opportunities for People with AIDS (HOPWA) The City does not receive any HOPWA Funds. 14. MONITORING PLAN All subrecipients will receive federal and local regulations relating to their specific activity, along with an explanation as to how the regulations apply to their particular project. Specific Performance Agreements will be executed with each subrecipient giving measurable objectives for the eligible activity to be carried out. Each project is monitored on an ongoing basis. Documentation submitted with reimbursement requests are reviewed for compliance with applicable regulations and measurable objectives prior to issuing funds. On-site monitoring of selected subrecipients are scheduled and completed annually by the Housing Manager. A checklist is completed and reviewed to insure all aspects of the activities are carried out in accordance with applicable regulations. In addition to the above documentation, any subrecipient needing and/or requesting additional training on how to meet grantee and federal requirements will receive technical assistance deemed most appropriate to the circumstances by the Assistant Director of Economic Development or Housing Manager. Additional technical assistance, if needed or requested, will be given at the time of the annual monitoring. 1 Fifth Program l gar C. PER 37 Item # 4 Attachment number 2 Page 38 of 38 The City uses a three step approach to monitor subrecipients. The first step begins during the application process. Subrecipients provide the City with their goals, objectives, budget and an Implementation Schedule. If funded, the goals, objectives, budget and Implementation Schedule are included in the Subrecipient Agreement with the City. The second step is to provide the subrecipient with the format needed for the Monthly Activity Report. The reports are completed and returned to the City monthly. The Housing Division analyzes the reports and if the subrecipient is not meeting its goals, technical assistance is provided. Subrecipients who provide housing assistance are monitored on a loan-by-loan basis and approved by the City prior to any loan closing to ensure compliance. Lastly, the City provides direct monitoring of all subrecipients annually with new agencies receiving two monitoring visits. The first visit takes place in July and provides technical assistance to ensure the agency understands the compliance process. The second visit takes place in September and is a detailed-monitoring visit that utilizes an approved checklist. During this reporting period, the City provided detailed monitoring of all subrecipients. As a result of our monitoring efforts, one agency subrecipient agreement was temporarily suspended. The City is offering technical assistance from its Housing Division and Audit Department. The agency will not be allowed to participate in the program until it meets compliance. Fifth Program l gar C. PER 3 Item # 4 a? _,; '? . ?' , ?' ?? t ? ?? '?? y,? ?,s ?r??t ti m?eur;?, 4f{?,n,? H}?y'i?? + ,} v It a? it a? 71- r b- it F- v a? d- it a? ass I. I k, 9LS'.9 OY6Yl} ?y ? ? J 6$21 '? ®EY] ? ? I T - r ? I F F[ ? 1 fA f a? Izi- c a? !4 t? Ja. t1 cr (r; f: a r t s' t t I Y? I ? y y4K d r _ - `ter 2 x ? {'?11 i ?4 nl 4 ? ? ? & jyS k P1 E I ,h h? a ? ?M L. 6I ?tl4 JI `Ir! 1'! lil r? F y ?Y 'I I III I? ua.m ! 'IT it N f v it a? - 1 Iwy ? ?44p a r'??I ?- Meeting Date: 12/16/20 10 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the applicant's request to vacate the north - south alleyway lying within Block 1, E.P. Merritt's Addition (aka 606 Seminole Street and 607 Nicholson Street) and approve Ordinance 8225-10 on first reading. (VAC2010-06 Jimmie, First M Corporation and Jehudah LTD Partnership). SUMMARY: The applicant is seeking vacation of the subject alleyway to limit access into the properties adjacent to the alleyway. Police reports describe petty theft, grand theft and criminal mischief taking place on the adjacent property. If the alleyway is vacated, the applicant will fence off the alleyway to eliminate rear access to the involved properties. Verizon, Bright House, Knology and Progress Energy have no objections to the vacation request. The alleyway is unimproved and contains no City owned utilities. The Engineering Department has no objections to the vacation request. Review Approval: 1) City Manager 2) Clerk Cover Memo Item # 5 Attachment number 1 Page 1 of 1 ORDINANCE NO. 8225-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE ENTIRE ALLEY LYING WITHIN BLOCK 1 OF E.P. MERRITT'S ADDITION, PROVIDING AN EFFECTIVE DATE. WHEREAS, Howard R. Jimmy and First M Corporation Defined Pension Plan and Yehudah Ltd. Partnership, owners of real property adjoining the alley described herein, have requested that the City vacate the alley depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said alley is not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The entire alley lying within Block 1 of E.P. Merritt's Addition as recorded in Plat Book 7, Page 6 of the Official Records of Hillsborough County of which Pinellas County was formerly a part is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk $ Ordinance No. 2 m 105 Attachment number 2 Page 1 of 1 ?- ) d ?? 71 co g co o _ _ avo `? 711 X?,. 18 0 ?? f ff f5 2 E 0 - 2 12 R 1 4405.. I /107, 7 708 709 10 17 1 3 3 2 J - i O ? !f - - - - 7P 76- 4 1 r t m 5 I °G 6 70? ? 70 1 15 ? 20 *f0 ° 4 9 ? 705 I ?` ! I m m- -? 3 706 - - -- - - - 3 m 7a5 s . 4 5 704 / r \ a 702 41!08 - --? _ 1 ` 7 02 40 12 15 / - r f 7 ___ _ ' ?1 frr rf 707 S...?. s; -?-,- 21 703 704 <p p41/iQ15 ?y. (41/0§ h?. F ry41l07 -----? 7 0 .?, - 0.... ° 7aa 701 co co 4 `° co `O 1r !t ?. ?o 0 0 70702 -4 -4 0 1 ,;E ST 610 ss so c? ao E1 0 F 61 1 4`b r X1.8 G C) to fl f! 6?' c?.. 0.0 ?:3ga 0 0 61 61 `O 37 `? 0 1 49 r 1 i F'60 8 m m1 610 --- 1 608 605..23 26 608 600 608 6q a7 60t' 1 605 50? 59 8 Q 52 40 (10 , )7 22 27 606r 60 39 - 45 606 . 1) rlf 51 58 -...6 ,. fiR7 603 6 3 -?yy r f N- 21 6Q ... a 45 604 If fl 605 52 57. 4-', .. b4 "-601 ?- 28 0, n 0 Clearwater Ord #: 8225-10 Vac #: 2010-06 Name: Jimmie - Minkoff Legend ROW to be Vacated a I Bldg Footprint N U Parcel Boundary W E Vacate the alleyway lying in Block 1, E.P. Merritts Addition. Outside CLWTR City limits Prepared by: Engineering Department Geogrephic Technology Division ~ rClearwater Service Area Ite m # 5 s 100S . Myr[le Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)5264755 www. My C I ea rwater. co m Map Gen By: CRM Reviewed By: SD Date: 9/28/2010 Grid #: 277B S-T-R: 09-29S-15E Scale: N.T.S. Attachment number 3 Page 1 of 1 Ord #: 8225-10 Vac #: 2010-06 Legend ROW to be Vacated a N 0 Clearwater Name: Jimmie - Minkoff Bldg Footprint Parcel Boundary W E U Vacate the alleyway lying in Block 1, E.P. Merritts Addition. Outside CLWTR City limits Prepared by: Plat book Hills 7, Page 6 ~ Engineering Department rCearwater Service Area Ite m # 5 S Geographic Technology Division 100S . Myr[le Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)5264755 Map Gen By: CRM Reviewed By: SD Date: 9/28/2010 Grid #: 277B S-T-R: 09-29S-15E Scale: N.T.S. www. My C I ea rwater. co m SUBJECT / RECOMMENDATION: City Council Agenda Council Chambers - City Hall Meeting Date: 12/16/20 10 Declare as surplus the 10-foot wide portion of Lots 103 through 107, inclusive, Lloyd-White-Skinner Subdivision, as conveyed to the City by Special Warranty Deed recorded in O. R. Book 15057, Page 2479, Public Records of Pinellas County, Florida, in compliance with Section 2.01(d)(5) of the City Charter; adopt Resolution 10-30 dedicating same as Coronado Drive public right- of-way, and authorize the appropriate officials to execute same. SUMMARY: On March 13, 2001, the City and Beachwalk Resort, LLC entered into a Development Agreement (Agreement) governing construction and development of the Hyatt Regency Clearwater Beach Resort and Spa, 301 South Gulfview Boulevard. Among its provisions, the Agreement required the developer to dedicate ten feet along the entire eastern boundary of the project as additional right-of-way for Coronado Drive. On April 6, 2006, the developer conveyed the required strip of land to Crystal Beach Capital, LLC, which in turn, immediately conveyed the parcel to the City by Special Warranty Deed as recorded in O. R. Book 15057, Page 2479, Public Records of Pinellas County, Florida. Upon declaring the subject parcel as surplus to City needs, and adopting Resolution 10-30, the 10-foot strip of land, already improved as widened Coronado Drive during Beachwalk construction, now formally becomes additional public right-of-way. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Other None Budget Adjustment: Annual Operating Cost: Total Cost: to None Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 6 Attachment number 1 Page 1 of 4 R-F-SOLUTION 10- 31D Il I S: 11 IGH UBID ??` , Thal. • 1_ YINi - J Cii,... r -.?TION 8, 111 l OU T ', .. TIV DATE j r l f y, 1 - , i I v , and, .>a it 11I+I i ? i (II .ill. i I Ali II i-1?i I i °y` f f I. ??.,a ;i- !?: I' ?i ?f 1 ?.. ?I..•?i ?"1?? I ;i'. In Li Ell'» p 01: E CC 1 and, f ? I ? "I 3': ? i l l i) f 111 !'C1, ! I C? I i ?', i li + ! - OR , l! a 9 i f- r 4 9 1 4.m «.[ R T 'j k4 'i. 4 L... L, n F. _ {Item # 6 Attachment number 1 Page 2 of 4 TI u"i i 1! ?-v I, ?, ? I. t II I I iI II ?. Thai init Upon I O1 o A ? 1t .... Laun Item # 6 Attachment number 1 Page 3 of 4 v A Attachment number 1 Page 4 of 4 I N J DES fi 1-1 YA'rr Item # 6 Attachment nllmher 2 P8Ige 1 of 1 LL 0 Cl Legend ,,-77 Addl. 10' R/W N earwater Coronado Dedication Addl. 10' R/W Bldg Footprint W E Prepared by: Engineering Department Parcel Boundar Boundary Ite S m # 6 Geographic Technology Division 100 S. Myrtle Ave, Clearwater, Fl. 33756 Ph: (727562-4750, Fax: (727)526-4755 Map Gen By: CD Reviewed By: EB Date: 10/29/2010 Grid #: 276A S-T-R: 08-29-15 Scale: N.T.S. www.MyClearwater.com ?- Meeting Date: 12/16/20 10 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Annexation, initial Future Land Use Map designation of Residential Urban (RU) and initial Zoning Atlas designation of Low Medium Density Residential (LMDR) District for 1605 Sherwood Street (Lot 2, Block 13, Highland Pines 2nd addition in Section 11, Township 29 South, Range 15 East) and pass Ordinances 8228-10, 8229-10 and 8230-10 on first reading. (ANX2010- 09010) SUMMARY: This voluntary annexation petition involves a 0.17-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the south side of Sherwood Street approximately 215 feet west of Ridge Avenue. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The Planning and Development Department is requesting that the 0.19-acres of abutting right-of-way of Lots 1 and 2, Block 13 not currently within the city limits also be annexed. The property is contiguous to existing city boundaries to the west and south. It is proposed that the property be assigned a Future Land Use Map designation of Residential Urban (RU) and a Zoning Atlas designation of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Clearwater Community Development Code Section 4-604.E as follows: The property currently receives water service from Pinellas County. The closest sanitary sewer line is located between Sherwood Street right-of-way and Gentry Street right-of-way. The applicant has paid the City's sewer impact and assessment fees and is aware of the additional costs to extend City sewer service to this property. Collection of solid waste will be provided by the City. The property is located within Police District 11 and service will be administered through the district headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1720 Overbrook Avenue. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4 Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. Objective A.7.2 Diversify and expand the city's tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed Residential Urban (RU) Future Land Use Map category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the district and the property exceeds the district's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan and the City's Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the west; therefore, the annexation is consistent with Florida Statutes Chapter 171.044. Cover Memo l.trxa #7 Review Approval: 1) Legal 2) Clerk 3) Legal 4) Clerk 5) Assistant City Manager 6) City Manager 7) Clerk Cover Memo Item # 7 Attachment number 1 Page 1 of 7 JOEL LA PRINCE PHILIP ST ;a < S w z 2E FdT L° BENTLEf ST GREENLEA u u s ?R a - o ? _ u c = = If C] u CARLISLE ST W c J LLJ L c SANDY " LA o ° cc u UNV,,OOD j - J ROSENIONT DR < __j L OR _ ? CIR - .. _- PROJECT H r? u ST f f ? SITE u _ u y Fu R Iv'd O O D °''20ODBINE f? SCOTT w u LEO V L'i s j I I = °? c4 O ° HERc ;a v SPRIrJVCALE < ? ST u GEN F, GA.RROLL T T 03 4 LLI Z ? J 7 DR L,--;[ I ST a I ? N HIBISCUS t f _1 _Pk cT r ? C? _ . E`: EF',rJ 'LT - EBB ?R n L? F Li Of L2 M S HIBISCUS _ I L £J r ,= El E- = La a PALMETTO ST - ,'JALNUT ST ELFaFCCbC? ST o O 0 ¢ F71 o CC n . LOCATION MAP Owner: Raquel Williams Case: ANX2010-09010 Site: 1605 Sherwood Street Property Size (Acre- c 0.17 Size R-O-W (noes): 0.19 Land Use Zoning PIN: 1 1-29-15-39096-013-0020 From : RU R-3 To: RU LMDR Atlas Page: 270B S:APlanning Department\C D B\Annexations (ANX)AANX - 2010\ANX2010-09010 - 1605 Sherwood St. - Williams\Maps\ANX2010- 09010 Location Map doc Item # 7 Attachment number 1 Page 2 of 7 ?',.,,?y .•',? R it?s? ? 4 ? ? ?, ? v , ? 1 ?q? ?t??l q ? ,? , ? {?--° l-I rF??k Fit ? ? y I 1 ' J ; ' If, All la i?&e R l° ? ? r `? " f - 4 ?"•'? ? ? r' }e&56 ?r'I ?i3e. 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EA - ? . ? ) I? ?'.nY?. .'Q111i tl?_? *•? -"Y?4. ?7 r r ; y 4+yy k op''vai `f l?r 14 AERIAL PHOTOGRAPH Owner: Raquel Williams Case: ANX2010-09010 Property Size (Acre- I: 0 17 Site: 1605 Sherwood Street . Size R-O-W (noes): 0.19 Land Use Zoning PIN: 1 1-29-15-39096-013-0020 From : RU R-3 To: RU LMDR Atlas Page: 270B S:APlanning DepartmentT D B\Annexations (ANX)AANX - 2010\ANX2010-09010 - 1605 Sherwood St. - Williams\Maps\AerANX2010-0901 0.doc Item # 7 Attachment number 1 Page 3 of 7 1 ? 3 4 5(06cc7 °8•° 9. •10® ? °®. ? 1900 SCOTT ST g X 60 2.? 1420 g 2 ? 7y 5 ' I Ile- N I?o 2 v 1416 W M rn M 1420 ? 141 2 3 4 1415 e' °°'° 3911 4 20 19 18 17 16 - 11 o te te o ro co = _ Sa r . r . ,., s 1416 ? Q CROWN ST k4 2 1404 1 8 9 1400 "- ; 1405 oe° o :14Q . 5 10 20 p 19 1a 17 ; 16 =°'f1°° 1 140 15 . o00 a 14b71 SHERWOOD ST h 2 1 1320 10 11 b 1316 1 1304 2 1 13 14 1300 04 `v ?2 1 8 18 8 12 1 777- f4?5? o a Q 2 1417 10 Z 1413 aka ? 3 J 4 9 lAng 4 8 5 1405 1AnA 04 ?D 6 04 ?D 7 6;% 01 M b n n Vi 16 17 18 1 9 20 1 1317 15 14 13 12 11 10 9 L GENTRY ST h 01 M h 01 1304 1305 16 17 19 20 1 3 2 4 5 15 14 J13 12 11 10 9 8 7 6 1301 1300 CARROLL ST 39078 N M a _ i h m 1-121 1290 4 5 6 7 8 9 1 3 4 13 ' 15 16 17 18 °°;0 • g• rn 0 rn M 3 1 W 1305 0 1301 ° 130x? 1229 1 5 2 ? ° cv 1221 - " 6 PROPOSED ANNEXATION MAP Owner: Raquel Williams Case: ANX2010-09010 Property Size (Acre- c 0.17 Site: 1605 Sherwood Street Size R-O-W (noes): 0.19 Land Use Zoning PIN: 1 1-29-15-39096-013-0020 From : RU R-3 To: RU LMDR Atlas Page: 270B S:APlanning DepartmentT D B\Annexations (ANX)AANX - 2010\ANX2010-09010 - 1605 Sherwood St. - Wi11iams\Maps\ProANX2010-09010.doc Item # 7 Attachment number 1 Page 4 of 7 Rl ° j?U D 0 o L?Lj SCOTr r ?`2a 1420 v 1416 W h Q 1421 1415 a RL °o ® RU h ru h - - - 9496 Q CROWN ST 1404 ? 1400 1905 _ - '? :? - - - 1401 R R SHERWOOD S1 1320 1316 d1304 O? M cp h ^ O - ?-? I? h ? h h h O _ p? O RU RL 1311 RU ? ? m 0 <o 1316 GENTRY ST RV . Ne M d O ? kflL -I --4. [ W 0 M M RU 17)-- • 5 . 1303 12<<, CARROLL ST L « PL 1290 U RU R-L FUTURE LAND USE MAP Owner: Raquel Williams Case: ANX2010-09010 Property Size (Acre- 1: 0 17 Site: 1605 Sherwood Street . Size R-O-W (noes): 0.19 Land Use Zoning PIN: 1 1-29-15-39096-013-0020 From : RU R-3 To: RU LMDR Atlas Page: 270B Q 9497 9493 14 Vx J S:APlanning DepartmentT D B\Annexations (ANX)AANX - 2010\ANX2010-09010 - 1605 Sherwood St. - Wi11iams\Maps\ANX2010- 09010 Future Land Use Map.doc Item # 7 Attachment number 1 Page 5 of 7 u' i h m o? O O O N N u i e o T° ? O SCOTT 7 420 1421 1415 LLJ v 1416 W a s o ^ a®? - '4 1417 1413 1416 p CRO ST a?4?s O `r 1404 O 1905 - ? - - _ 1404- 05 1404 1400 1401 - - - 1-100 w ? SHERWOOD ST 1320 1317 1321 1316 O N" 1316 ' GENTRY ST Q W V7 OM V7 O V 1304 M 1304 1305 L j WD R _ ? 1=0J -1 301 '• 1300 1301 1303 0 1300 1229 CARROLL ST h M m "=1J 7-0 ° o <o 12 0. " 1290 „" LA ZONING MAP Owner: Raquel Williams Case: ANX2010-09010 Property Size (Acre c 0 17 Site: 1605 Sherwood Street . Size R-O-W (Acres): 0.19 Land Use Zoning PIN: 1 1-29-15-39096-013-0020 From : RU R-3 To: RU LMDR Atlas Page: 270B S:APlanning DepartmentT D B\Annexations (ANX)AANX - 2010\ANX2010-09010 - 1605 Sherwood St. - Wi11iams\Maps\ZonANX2010-09010.doc Item # 7 Attachment number 1 Page 6 of 7 3 4 5?° fp fp 1500 scorTSr Single Fain 60 ?,,-%-, 1420 7A' 2? 5 I 2 1416 Ll! c o 0 o M 1420 ? 141 2 3 4 ^ s 1415 ° 3911 4 20 19 " ' 17 16 - 11 o eF " 'o o er o v oo L 1416 WA ily 04 04 2 Q 1417 ° 1413 • ' 10 Z Q CROWN ST qa 3 k4 J 1404 2 1 8 9 1400 77- r 1? 1404 1405 t8 20 p t 9 17 x, l6 ? `? 1401 ao co 15 ] N ,n 0 0 0 ' 4401! 4 9 4AAD 4 8 5 F 1405 1404 6' N 7 SHERWOOD ST 2 ? 3,20 10 11 1316 -C1 rn Mi N ry 0 2 1 1 ?0 3 Single Family Residential GENTRY ST W 1`0 4 1304 2 1 13 14 1300 0 0 0 1304 1305 16 17 18 19 20 1 2 3 4 5 15 14 13 12 11 10 9 8 7 6 1301 DO N 1300 1308 M Q 1305 M 1 LLl '43Q1 ° ° 130? 1229 CARROLL ST L 3 9078 N M S, ? . _ 1 5 2 F , h n m 1220 - 1290 " ' = ° = cv eq 4 5 6 7 8 9 1 2 3 4 1221 - ' 15 16 17 18 ° h0 ° ° • g ?° - - - 6 - EXISTING SURROUNDING USES Owner: Raquel Williams Case: ANX2010-09010 Property Size (Acre- c 0 17 Site: 1605 Sherwood Street . size a-o-w (Acres): 0.19 Land Use Zoning PIN: 1 1-29-15-39096-013-0020 From : RU R-3 To: RU LMDR Atlas Page: 270B S:APlanning DepartmentT D B\Annexations (ANX)AANX - 2010\ANX2010-09010 - 1605 Sherwood St. - Wi11iams\Maps\ANX2010- 09010 Existing Surrounding Uses.doc Item # 7 View looking south at the subject property, 1605 Sherwood Street y { ur A View looking east along Sherwood Street a.? 4v r :i North of the subject property ANX2010-09010 Williams, Raquel 1605 Sherwood Street Attachment number 1 Page 7 of 7 Ar' {..rte ' .a?.,.,,. r . ?11 ?K N I? View looking west along Sherwood Street East of the subject property u L ? 3fi; YI llCl ?,8 ?A ? a 1 West of the subject property Item # 7 Attachment number 2 Page 1 of 2 ORDINANCE NO. 8228-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SHERWOOD STREET APPROXIMATELY 215 FEET WEST OF RIDGE AVENUE, CONSISTING OF HIGHLAND PINES SECOND ADDITION, BLOCK 13, LOT 2 TOGETHER WITH ABUTTING RIGHT OF WAY OF LOT 1 & 2, BLOCK 13, WHOSE POST OFFICE ADDRESS IS 1605 SHERWOOD STREET, 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: Highland Pines, Second Addition, Block 13, Lot 2 together with abutting Right of Way of Lot 1 & 2, Block 13, according to the map or plat thereof as recorded in Plat Book 33, Page 57, Public Records of Pinellas County, Florida (ANX2010- 09010) The map or maps attached as Exhibit(s) are hereby incorporated by reference. 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. Item # 7 Ordinance No. 8228-10 Attachment number 2 Page 2 of 2 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Frank V. Hibbard Mayor Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 7 Ordinance No. 8228-10 Attachment number 3 Page 1 of 2 ORDINANCE NO. 8229-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SHERWOOD STREET APPROXIMATELY 215 FEET WEST OF RIDGE AVENUE, CONSISTING OF HIGHLAND PINES SECOND ADDITION BLOCK 13, LOT 2, TOGETHER WITH ABUTTING RIGHT OF WAY OF LOT 1 & 2, BLOCK 13, WHOSE POST OFFICE ADDRESS IS 1605 SHERWOOD STREET; UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY 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 as follows: Property Land Use Category Highland Pines, Second Addition, Block 13, Residential Urban (RU) Lot 2 together with abutting Right of Way of Lot 1 & 2, Block 13, according to the map or plat thereof as recorded in Plat Book 33, Page 57, Public Records of Pinellas County, Florida (ANX2010-09010) The map or maps attached as Exhibit(s) are hereby incorporated by reference. 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 Number 8228-10. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Item # 7 Ordinance No. 8229-10 Attachment number 3 Page 2 of 2 Approved as to form: Frank V. Hibbard Mayor Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 7 Ordinance No. 8229-10 Attachment number 4 Page 1 of 2 ORDINANCE NO. 8230-10 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 SHERWOOD STREET APPROXIMATELY 215 FEET WEST OF RIDGE AVENUE, CONSISTING OF HIGHLAND PINES SECOND ADDITION BLOCK 13 LOT 2, TOGETHER WITH ABUTTING RIGHT OF WAY OF LOT 1 & 2, BLOCK 13, WHOSE POST OFFICE ADDRESS IS 1605 SHERWOOD STREET, 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 Highland Pines, Second Addition, Block 13, Lot 2 together with abutting Right of Way of Lot 1 & 2, Block 13 (ANX2010-09010) Zoning District Low Medium Density Residential (LMDR) The map or maps attached as Exhibit(s) are hereby incorporated by reference. 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. 8228-10. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Item # 7 Ordinance No. 8230-10 Attachment number 4 Page 2 of 2 Approved as to form: Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 7 Ordinance No. 8230-10 Attachment number 5 Page 1 of 1 _.4 5 6rtm7 .a 'a. yo. F t- 1 m F 2 scorT?r' " a " .74Rt1? $'"" o `? 1420 b n = ." .. m' •: n : ' N 7y?' S 141 2 3 4 1q?. ;B' .6 •7. .?- ,f. 12 • ? 2 1 1415 20 19 . '•'?8' ? 17 `".'391.4^:.. 11 16 ?19 "A4" .. "2 • 11 n 4416 h , 4n ? ? •? .?43 .` '12': .4 F h x v> W 1446 .. Q ?• CROW11 r. ? 4 1404 0 2 1 8 9 1400 ? ?.. .e 10 . , , 94P4 1405 • . ' F ?e , r' r•,. . 20 ,19 17 16 a 'x :. o13- :7>4.?• ?.ii•:. 1401 a 1 a ? ` ? N F . 4 " 14f00 SHERWOOD S7 2 F 1 1320 10 11 1316 1304 2 1 13 14 1300 1344 1305 16 17 18 19 20 1 y 3 4 5 15 14 - 13 12 ii 10 9 8 7 6 1304 0 1300, CARROLL ST S 1290 4 5 13 i 1 -gQA7A 4 9 N ? N ? 6 ems. 7 1 Q 1417 7473 3 4 6 N ti N N rn • "?. ?S: 3, i.i ems. 3 , . . ` . { ? Q :.'.- :4.go5 . ? ssoa . M 1 W i r . Q) `ribs . 13d,? 1 W. F F 6 7 8 9 1 2' J 4 15 18 17 16 PROPOSED ANNEXATION MAP Owner: Raquel Williams Case: ANX2010-09010 Property Size (Acres). 0.17 Site: 1605 Sherwood Street SimR-o-W(A« ). 0.19 Land Use Zoning PIN: 1 1-29-1 5-39096-01 3-0020 From : RU R-3 To: RU LMDR Atlas Page: 2708 EXHIBIT "All &: Planning DepartmentlC D MAnnexations (ANX)IANX - 20101ANX2010.09010 - 1605 Sherwood St. - WilliamsWapslProANX2010-09010.doc Item # 7 GENTRY ST Attachment number 6 Page 1 of 1 R Q I ? R g • N R T SCOTT 1p 1 h ? R n• ?• O ?. b N M v - 1421 1415 W N 1416 W a 1417 RU w 'A ti m.._• n' ••• - Z 1413 9416 ?. s', :I CROVI?N $- •947?a . RU ? O T ? . tom: 1404 l4 w y• • -? .`O•. ` •r•. r•? r•?_. 1404 i 1400 1405 '$ R w n ,$ - - • cL. ' • , • • w h w w •l4b0- SHERWOODST? •,;• 5320 v 1316 w w h F 8 J P e • RU 1 1315 `-a I ? RO RL FUTURE LAND USE Owner: Raquel Williams Case: ANX2010-09010 Site: 1605 Sherwood Street Property Size Acres : 0,17 Land Use Zoning From : RU R-3 PIN: 11-29-15-39096-013-0020 To: RU LMDR Atlas Page: 2706 EXHIBIT "A" V: 1GISTIanningTianningReyuests\AnnexationslANX2010-090101F1uANX2010-09010.doc Item # 7 GENTRY S T W 2 74U4 1304 1305 ?,fd06';•,w RU J' r 93Q1 1300 1301 F7 1303 P P ; g. 1300 CARROLL ST .1es• .- j;: 12,90 J?U RU •1221:::.. 7T .177 F Attachment number 7 Page 1 of 1 ? ? b ? • N N SCOTT! Ir ? a • z z 20 n ?°' n ?. .?• $''' •M::.' 4410.. n' 1421 r' r •,. . 1415 •• ' • 1416 W ;? ; ;$ = =m.? ` ' '• • • '44 14? Q tan •?' ', `? " • •.' ,• ?.: n' ? 1413 • . ., 1416 - • til • 1404 O • • - mi is =41 4 `£?.. . .. . rn°,.: •" ' ? • " 1408 _ -1405 • 1404 1400 1401 ' ` e .. Y w • :,4 SHERWOOD ST • ?. 1320 r' 71 1317 7 1321 1316 h ?+ • m ro o W 1316 .+• •e• M :? •• Fa GENTRY ST Q W 1304 1305 T 1304 •' - , ;f30??• lI 1' 1300. 1301 N 73Q1; 1303 m 1300 ?' •. CARROLL ST • .. .1e2 1290 f •`1221," " ZONING Owner: Raquel Williams Case: ANX2010-09010 Site: 1605 Sherwood Street Property 0 17 Size Acres : . Land Use Zoning PIN: 11-29-15-39096-013-0020 From : RU R-3 To: RU LMDR Atlas Page: 2708 EXHIBIT "A" V:1G1S\P1anninglP1anningRegnestslAnnexationsVIsMO10-09010`ZonANX2010-09010.doc Item # 7 ?- Meeting Date: 12/16/20 10 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8231-10 on second reading, vacating the South 10 feet of the 20-foot utility easement described as beginning at a point 10 feet West of the Southeast corner of Lot 8, Block B-2, Maryland Subdivision, as recorded in Plat Book 15, Page 25 of the Public Records of Pinellas County, Florida, thence West along the South property line of Lot 8 and Lot 7 in said Block B-2 a distance of 60 feet; thence South for a distance of 20 feet; thence East along and parallel to the South boundary of Lots 7 and 8 of Block B-2 a distance of 60 feet; thence North 20 feet to the Point of Beginning. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 8 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8231-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE SOUTH 10 FEET OF THE 20- FOOT UTILITY EASEMENT DESCRIBED AS BEGINNING AT A POINT 10 FEET WEST OF THE SOUTHEAST CORNER OF LOT 8, BLOCK B-2, MARYLAND SUBDIVISION, AS RECORDED IN PLAT BOOK 15, PAGE 25 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, THENCE WEST ALONG THE SOUTH PROPERTY LINE OF LOT 8 AND LOT 7 IN SAID BLOCK B- 2 A DISTANCE OF 60 FEET, THENCE SOUTH FOR A DISTANCE OF 20 FEET; THENCE EAST ALONG AND PARALLEL TO THE SOUTH BOUNDARY OF LOTS 7 AND LOT 8 OF BLOCK B-2 A DISTANCE OF 60 FEET, THENCE NORTH 20 FEET TO THE POINT OF BEGINNING; PROVIDING AN EFFECTIVE DATE. WHEREAS, Peter G. Nichols, owner of real property located in the City of Clearwater, has requested that the City vacate the utility easement depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The south 10 feet of the 20-foot utility easement described as beginning at a point 10 feet west of the southeast corner of Lot 8, Block B-2, Maryland Subdivision, as recorded in Plat Book 15, Page 25 of the Public Records of Pinellas County, Florida, thence west along the south property line of Lot 8 and Lot 7 in said Block B-2 a distance of 60 feet, thence south for a distance of 20 feet; thence East along and parallel to the South Boundary of Lots 7 and Lot 8 of Block B-2 a distance of 60 feet, thence north 20 feet to the Point of Beginning, is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING Item # 8 Ordinance No. 8231-10 Attachment number 1 Page 2 of 2 PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Item # 8 Ordinance No. 8231-10 Attachment number 2 Page 1 of 1 0 Scale NTS THIS IS NOT A SURVEY!! EXHIBIT "A" i 606 LOT 9 20' (2759-106) LOT 7 LOT 8---------- 614 B 2 I LOT 10 I I ?? I O.R. 2759 PG.106 TO BE VACATED S ?o ?P VACATION 2010-07: LOT 7 I LOT 9 624 LOT 8 i ' LLJ ?? LOT 10 B z 700 > Q LOT 13 i LOT 11 _ ------i- ------------- I 710 0 LOT 14, LOT 12 can VACATE THE SOUTH 10-FEET OF THE 20-FOOT UTILITY EASEMENT DESCRIBED AS FOLLOWS. BEGIN AT A POINT 10-FEET WEST OF THE SOUTHEAST CORNER OF LOT 8, BLOCK B-2 MARYLAND SUB.; THENCE WEST ALONG THE SOUTH PROPERTY LINE OF LOTS 8 AND LOT 7 IN SAID BLOCK B-2 A DISTANCE OF 60-FEET; THENCE SOUTH FOR A DISTANCE OF 20-FEET; THENCE EAST ALONG AND PARALLEL TO THE SOUTH BOUNDARY OF LOTS 7 AND LOT 8 OF BLOCK B-2 A DISTANCE OF 60-FEET; THENCE NORTH 20-FEET TO THE POINT OF BEGINNING. CITY OF CLEARWATER, FLORIDA ENGINEERING DEPARTMENT E.ADAMS CHECKED BY TLM DALE ii/10 EXISTING 10' EASEMENT O.R. 1270, PG. 380 NICHOLS VACATION ....,. ? ?.. ? .. .. , sHEEr ORD. # 8231-10 of t ATLAS PAGE # 296A '?_;? ?- Meeting Date: 12/16/20 10 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8232-10 on second reading, vacating the North 5 feet of the 15-foot drainage and utility easement lying along the South property line of Lot 8, Block 46A, Mandalay Subdivision, as recorded in Plat Book 14, Page 32 of the Public Records of Pinellas County, Florida, less the West 5 feet thereof, subject to the applicant granting a private easement satisfactory to Progress Energy Corporation prior to the issuance of a building permit, said easement to be granted within 6 months of the date of adoption of this ordinance or the vacation will be rendered null and void. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 9 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8232-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE NORTH 5 FEET OF THE 15 FOOT DRAINAGE AND UTILITY EASEMENT LYING ALONG THE SOUTH PROPERTY LINE OF LOT 8, BLOCK 46A, MANDALAY SUBDIVISION, AS RECORDED IN PLAT BOOK 14, PAGE 32 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LESS THE WEST 5 FEET THEREOF, SUBJECT TO THE APPLICANT GRANTING A PRIVATE EASEMENT SATISFACTORY TO PROGRESS ENERGY CORPORATION PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, SAID EASEMENT TO BE GRANTED WITHIN 6 MONTHS OF THE DATE OF ADOPTION OF THIS ORDINANCE OR THE VACATION WILL BE RENDERED NULL AND VOID; PROVIDING AN EFFECTIVE DATE. WHEREAS, Tom Lee, owner of real property located in the City of Clearwater, has requested that the City vacate the drainage and utility easement depicted in Exhibit A attached hereto; and WHEREAS, the City Council finds that said easement is not necessary for municipal use and it is deemed to be in the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: Vacate the north 5 feet of the 15-foot drainage and utility easement lying along the south property line of Lot 8, Block 46A, Mandalay Subdivision, as recorded in Plat Book 14, Page 32 of the public records of Pinellas County, Florida, less the west 5 feet thereof, subject to the applicant granting a private easement satisfactory to Progress Energy Corporation prior to the issuance of a building permit, said easement to be granted within 6 months of the date of adoption of this ordinance or the vacation will be rendered null and void, is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING Item # 9 Ordinance No. 8232-10 Attachment number 1 Page 2 of 2 PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Item # 9 Ordinance No. 8232-10 Attachment number 2 Page 1 of 1 Exhibit A Map - Lee i N.T.S. ---- rT T i j IT j L _. V _ Y ? j4 - - - _ k ?lI 1 r '4 L VAC2010-08 Vacate the north 5-feet of the 15-foot Lee Atlas 238A drainage and utility easement lying along the Ordinance 8232-10 south property line of Lot 8, Block 46A, Mandalay Sub., less the West 12.5 feet thereof. Item # 9 ?- Meeting Date: 12/16/20 10 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8233-10 on second reading, authorizing the City to permit and implement the use of traffic infraction detectors for red light infractions pursuant to state law and providing for administration and enforcement. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 10 Attachment number 1 Page 1 of 2 ORDINANCE NO. 8233-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING THE CITY TO PERMIT AND IMPLEMENT THE USE OF TRAFFIC INFRACTION DETECTORS FOR RED LIGHT INFRACTIONS PURSUANT TO STATE LAW; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Legislature passed House Bill 325 during the 2010 Legislative Session, authorizing the use of red light cameras as traffic infraction detectors to enforce Sections 316.074(1) and 316.075(1)(c)1., Florida Statutes (2010); and WHEREAS, on May 13, 2010 Governor Charlie Crist signed House Bill 325 into law, resulting in the Laws of Florida, 2010-80, taking effect on July 1, 2010, which, among other things, expressly preempts to the State of Florida the use of cameras, referred to in the State Act as part of a system of equipment comprising traffic infraction detectors and defined therein, to enforce the provisions of Sections 316.074(1) and 316.075(1)(c)1., Florida Statutes (2010); and WHEREAS, the running of red lights continues to be a safety hazard affecting all citizens traveling by roads in the City of Clearwater; and WHEREAS, the City Council of the City of Clearwater wants to further reduce the running of red lights by implementing Laws of Florida 2010-80; and WHEREAS, the City Council of the City of Clearwater finds that implementation of an enforcement program pursuant to the State Act as set forth herein will promote, protect and improve the health, safety and welfare of its citizens; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 30.020, Clearwater Code of Ordinances, is hereby created as follows: Sec. 30.020. Red Light Camera Enforcement Ordinance. 1 Intent. The purpose of this Ordinance is to protect the health, safety, and welfare of the citizens of the City of Clearwater, by specifically authorizing and implementing the use of traffic infraction detectors, as prescribed by Laws of Florida, Chapter 2010-80, within the City's jurisdictional limits. (2) Use of Traffic Infraction Detectors. Ordinance No. ate-#010 Attachment number 1 Page 2 of 2 The City of Clearwater hereby exercises its option under Laws of Florida, Chapter 2010-80 (Sections 316.008(7) and 316.0083, Florida Statutes (2010)) to use traffic infraction detectors within its jurisdiction and to authorize a traffic infraction enforcement officer under Section 316.640, Florida Statutes (2010) to issue a traffic citation for a violation of Section 316.074(1) or Section 316.075(1)(c)1., Florida Statutes 2( 010). (3) Implementation of General Law. The City Manager is authorized to take all steps necessary to implement the provisions and requirements of Laws of Florida, 2010-80, within this jurisdiction in coordination with the Clearwater Police Department. The Clearwater Police Department shall be enabled by this Ordinance to oversee the Red Light Camera Enforcement Program on behalf of the City. This Ordinance shall further enable the City of Clearwater to enter into agreements with vendors authorized to carry out services consistent with implementation and enforcement of the provisions of Laws of Florida 2010-80. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Frank V. Hibbard Mayor Attest: Robert J. Surette Rosemarie Call Assistant City Attorney City Clerk Ordinance No. ate-#010 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 12/16/20 10 Award a contract (purchase order) to Fisher Scientific, Atlanta, Georgia, in an amount not to exceed $294,507.53 for the purchase of personal protective equipment (PPE), in accordance with Sec. 2.564(b), Code of Ordinances - Sole source for City standardized equipment and authorize the appropriate officials to execute same. (consent) SUMMARY: The approved 2010 and 2011 CIP budgets included funding in a capital project for this purchase. CIP project 91261, Personal Protective Equipment, provides funding for the purchase of replacement firefighting personal protective equipment/gear (PPE). The department currently issues protective gear to those employees who are employed in a firefighting capacity. This project is necessary to bring all fire/rescue personal gear up to the same level of protection per the National Fire Protection Association 1852 compliance and incorporates the new gear into a revolving replacement schedule. The recommended life expectancy of PPE is 4 to 5 years depending on use. This project will allow for a 4 to 5 year replacement plan and reduce the current cost of maintenance and repair of our current PPE. Funding will be partially reimbursed by Pinellas County, as the equipment will help serve any unincorporated resident of the Clearwater Fire District. Type: Purchase Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code 0-315-91261-547100-522- 000-0000 Amount 294,507.53 Budget Adjustment: No Annual Operating Cost: 0 Total Cost: 294,507.53 Appropriation Comment Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: Sole Source Review 1) Office of Management and Budget 2) Fire Department 3) Office of Management and Approval: Budget 4) Legal 5) Purchasing 6) Legal 7) Clerk 8) Assistant City Manager 9) City Manager 10) Cq@yk, Memo 294,507.53 10/01/2010 to 09/30/2011 Item # 11 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 12/16/20 10 Authorize the Fire Chief to sign the World Trade Center Steel Transfer Agreement and accept a piece of steel from the Port Authority of New York and New Jersey, located at John F. Kennedy International Airport, Hangar 17. (consent) SUMMARY: The Port Authority of New York and New Jersey is permitted to transfer full and complete legal ownership of the attached list of items currently located at John F. Kennedy International Airport, Hanger 17, known as the World Trade Center Artifacts. The purpose of the letter (transfer agreement) is to confirm and memorialize the full and complete legal transfer by the Port Authority of New York and New Jersey to Clearwater Fire and Rescue of that certain piece of steel of the former World Trade Center, identified as G-0006 in the Port Authority's World Trade Center Archive: Artifact Inventory Report of January 31, 2007 (the Steel). The Steel is described as a steel tube, 36 in. L x 6 in. H and .75 in thick; steel tube with edge bent and torn; and with no visible identification marks on the steel. The Steel can be cut into two pieces if requested and Clearwater Fire and Rescue agrees to accept the Steel as is. The transfer agreement includes an indemnification clause, which holds neither the Commissioners of the Port Authority, nor any director, officer, or employee thereof harmless from any expenses or personal liability occurring from the transfer. Clearwater Fire and Rescue is responsible for all costs of the transportation to Clearwater, Florida. Due to the size of the Steel, it could be shipped. The Port Authority is currently working with UPS trying to set up an exclusive contract to have them arrange pickup and delivery of artifacts under 1501bs. Estimated shipping cost is $200.00 or less. A second option is to have someone pick it up and have it put on an airplane or in a vehicle for transportation to Clearwater, Florida. The Port Authority would handle getting the artifact packed up for shipment. Type: Other Current Year Budget?: None Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: 0 Annual Operating Cost: 0 Not to Exceed: Total Cost: 0 For Fiscal Year: 10/01/1010 to 09/30/2011 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Manager 7) Clerk Cover Memo Item # 12 Attachment number 1 Page 1 & 3 Nc 17. 101( N r}. York 1i TLC purllw?o "I'thiq let.., 1,z111,1 i_hi ? 111 ;it-d compl,-,L by The Pon _!J.tWQ K,.V " ''fi t?t and .w ,f C ,c) Au u -1411 W?wrr,Q to C n "Uti.'l . l ' and 1:c.wue €a1 that c JAr pne o sn, or n am1i'_. "w a c'. 1 .,Ldc (:enter, tclswl'M t WiC rv 1r; tlae Port N'V"orld Trade Center Arehire= Wtl iv i in,,L'n[orv Report.r1= .im!,'Iry 31. 007 (tile "Steel"). C'lax awr 1°h and Rescue has requeswd tat the Steel be ma& w a:LAW to them, in its present condition. Property ins rcn in the a r mc 1c A b' !ic c5"c,1n%C,)ed. and 11111 and complete 1, \\nc1-shi cai the S:?2c1 i,, ?. e Poo .Tilt h) makes vo rCprnola$ataon or warramy i''+&Kk'w'v r as to tllo co:'rdiCon or l tness of Q SWA eithar u\pwss or irr,l,lied_ ait?l no Commissioner" . aal ;t. or employee of th, Ion PartEloNt is att0b iwl tea make .;uy representation 01' ?lrr ll,i.\ tt the Sic,-,I. C learn ater l-" r? nLi l c° rl ha;; ; , io claim again t the Pori Authoi it i aria i1 :C?l err' )thtr U,laltlt?I? ??,j the ?l?'?1 ?i11L1 ?]'?'?'? t(3acCC?1t lI',C ?:?'c1 rs, Fllcra are: 1'n .?ILr a et,Cs. C' pra;.; or lnaplae . 3. Cl=:" ter Fire aw Owe agrees tt? ;,1,x-1 bold t1;?' w)ort Attdlorit?-, its oIIW:. re paresentativc- an ew,,??,- ! ,:C Il'1.'-1'1 11!!? i ,il-1 st all 1.Ia1.tries, tia.l.l is. .111,1 Part `ouihot,t .I:, l ,'i? i? _., Ad enil", _ , ,., ,1l [I .11 1:1r1 I ll!!l li` I',,!ni .'I i1 1s ) _ti to t W11"_. _.. t A and R1.'na-' . ... '-,: Ch Mv? '. 11 .? IL iNe or o nvdon of the '`Avg h y iz xr~son under Q co`, trcrl and ,_llhoh p, uWaa ,ac'l Fire an Kwun =l. Clearwater Fire an(l 1<: ,, _1a H1 be responsible A A cta ; of the w A end transl-actrtationof the '-;twul w iik Nilit'v`. 5. , agroonwnt may, not b m>I' wd 10 AW pwi, ,', Ill". v_t the app ,4_ll o IN (10 1 p'lrv, Item it 12 Attachment number 1 Page 2 & 3 7? 11! d C, X11 1?,,. l: c; "ear' NY &, NJ a'; d . von -?X `orl MY" .1, Fire anj R : tic: C lC ?rV,. s', , HC allU kCSC Ue 110. 1? 74 1- ? X758-4748 or to such ? Ac i° Adrone q1 ni :wc x,an" wreto nyq i i 'K0 iho :1 ter. 8. V :1uNA'] o, tijAl he wi n"1"wj by ari _L_7L1,'me° in C'-11. .. , o 11". 9. TV culnw C?il?' .oit$t? of L',"1'w l Q4 1s <:t`rtlS,w ,h 111 ? ? id or en ovaM mnlcss in %Wnp 11 r_ . `L 10. & MC Lha ? V ..n. 1 V"il . -,:-ILA im Mayas or modif,pAto, ..[1'4 AMU i Lill d", . " ] 2111` to lit _ l]:1. ` `'i taffy dliecI+ C. l .1al'l it ,n , ` ? ic;11 With I-r.. c'Il .i -I ,.I.,?II W;. A. A O -A n? t to x'111 ? o I.. . --.I, .1`. ` ?L.. . ?' , . ,I, ??: of ? ? 1,I?; .?._. i uldcnkEw n the Es?1? , m ,?, d. d hA ?. a'w r2rn such anQ _ 'ia v ?,I'. to l'? '? , i M. 11 o the Item it 12 Attachment number 1 Page 3 of 3 ver" 16 1 a i 'tit; LIC Item # 12 Case 1:21-mc-00097-AKH-THK Document 1509 Filed 07. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK X I114 RE: SEPTEMBER 11 LITIGATION X X IN RE: SEPTEMBER 11 PROPERTY DAMAGE AND BUSINESS LOSS LITIGATION X X IN RE: WTC DISASTER SITE LITIGATION X ORDER 21 MC 97 21 MC 101 " 1 s 1 ? ? Pad F L.*.y (k! q ] i t j 21 MC 100 Upon consideration of the application of the Port Authority of New York and New Jersey (the "Port Authority"), and an opportunity having been given to all parties in the above-entitled action to object, it is hereby ORDERED, that the Port Authority is permitted to transfer full and complete legal ownership of the attached list of items (Exhibit A) currently located at John F. Kennedy International Airport, Hangar 17, and it is further ORDERED, that the transfer and the recipient organization's possession of certain WTC Artifacts will be subject to the right of any party to the September 11 Item # 12 Case 1:21-mc-00097-AKH-THK Document 1509 Filed 07/22/2010 Page X 2 of XaP2711n umber Litigations or their representatives to inspect and test any steel artifact upon ten days notice to the recipient organization and the Port Authority. Dated: New Yo /k, New York L-;-Z010 ALVIN K. HELLERSTEIN STATES DISTRICT JUDGE Item # 12 umber2 Case 1:21-mc-00097-AKH-THK Docum lbit1A509 Filed 07/22/2010 Page X P3711 Inventory Archive Item Number Description A-0001 Tower Exterior Wall Spandrel A-0002 Tower Exterior Wall Spandrel A-0003 Tower Core Column A-0005 Steel Beam A-0006 Steel Beam - - A-0008 Tower Core Column A-0010 Tower Core Box Column _ A-0011 _ Tower Core Column A-0012 Tower Exterior Wall Column _ A-0013 Tower Exterior Wall Column A-0014 Tower Exterior Wall Column A-0015 Tower Exterior Wall Column A-0025 Steel Beam A-0026 Tower Exterior Wall Column A-0027 Tower Exterior Wall Column ____ _ A-0028 Steel Beam A-0029 Steel Beam A-0030 Steel Beam A-0031 Steel Beam A-0032 Steel Column _ A-0033 Steel Beam A-0034 ? teel Beam A-0035 t eel Beam A-0036 Steel Beam A-0037 Steel Beam A-0038 Steel Beam A-0040 Steel Beam A-0042 Steel Plate A-0045 Steel Column A-0046 Steel Column A-0047 Steel Beam A-0048 Steel Beam B-0029 Cladding- Aluminum Trim B-0033 Cladding Stainless Steel Trim B-0035 Cladding -- Aluminum Trim B-0036 _ Cladding Aluminum Trim B-0037 Cladding Aluminum Trim B-0039 Cladding--Aluminum Panel B-0040 Cladding Aluminum Tube B-0042 Cladding - Aluminum Tube B-0043 Cladding -- Aluminum Tube B-0044 Cladding Aluminum Angle B-0049 Cladding--Aluminum Panel B-0051 Cladding--Aluminum Panel B-0053 Cladding -- Aluminum Trim B-0054 Cladding Aluminum Panel B-0056 _ Cladding Aluminum Panel B-0061 Bronze Anodized Aluminum Panel B-0063 Bronze Anodized Aluminum Panel B-0064 Bronze Anodized Aluminum Panel B-0065 Cladding--Aluminum Panel B-0068 Granite Coping Stone C-0001 North Tower Antenna C-0002 North Tower Antenna C-0004 C-0005 C 0006 C-0008 - - - !North Tower Antenna 'North Tower Antenna North Tower Antenna North Tower Antenna C-0011 C-0012 C-0014 North Tower Antenna North Tower Antenna - North Tower Antenna Item # 12 Page 1 Case 1:21-mc-00097-AKH-THK DOCump?l itA509 Filed 07/22/2010 Page at 4r1of 11 umber2 Inventory Archive Item Number Description C-0015 North Tower Antenna_ C-0016 North Tower Antenna C-0017 C-0018 North Tower Antenna North Tower Antenna C-0020 Elevator Motor C-0026 Elevator Motor C-0027 Elevator Motor C-0028 Elevator Motor _ __ C-0029 Elevator Motor C-0030 Elevator Cab Floor Platform C-0031 Flag Pole C-0032 Flag Pole C-0040 Path Signage -- - - - C-0041 - C-0042 --- ---- Path Signage ---- -- --- Path Signage C-0043 Mall Signage C-0044 - - WTC Signage C-0045 _ WTC Signage - C-0046 C-0047 WTC Signage PATH Sig nage C-_0048 WTC Signage C-0049 Street Signage C-0050 WTC Signage C-0051 Signage: the letter "D" C-00_52 Signage: the letter "S" C-0053 Pre-cast Concrete Planter C-0056 Pre-cast Concrete Bench C-0059 Signage from WTC Concourse Level C-0060 Signage from WTC Concourse Level C-0061 Replacement Connections D-0001 PATH Train Car #745 D-0002 _ PATH Train Car #143 F-0001 Reinforced Concrete Column F-0002 Reinforced Concrete Column F-0011 Steel Reinforcing Bar F-0013 Pipe--loin. Diameter F-0015 Steel Figure G-0001 Steel Beam G-0002 _ i Steel Box Beam_ ((Part) G-0003 _ Steel Beam G-0004 Steel Box Beam (Part) G-0005 Steel Train Rail G-0006 G-0007 Steel Tube Steel Train Rail G-0008 Steel Plate G-0009 Steel Plate G-0010 Steel Column G-0013 Steel Beam G-0014 Steel Beam G-0015 Steel Box Column G-0017 Built-up Steel Beam G-0018 Steel Beam--- G-0019 Steel Beam G-0021 ;Steel Box Beam (Part) G-0022 Steel Beam G-0023 Stl eel Beam _ G-0024 Steel Beam G-0025 Steel Tube & Connection G-0026 Steel Beam G-0027 Steel Beam G-0028 'Steel Beam Item # 12 Page 2 Case 1:21-mc-00097-AKH-THK Documebit1A509 Filed 07/22/2010 Page gat'SoT?? umber2 Inventory Archive Item Number Description G-0029 Steel Beam G-0030 -? -Steel Beam G-0031 Steel Channel _ G-0032 Steel Beam (Part) G-0035 Steel Column Base Plate G-0036 Steel Beam G-0037 Steel Beam G-0038 Steel Beam G-0040 Steel Strap With Stud _ G-0042 Steel Train Rail G-0043 Steel Base Plate G-0044 Steel Beam G-0045 Steel Beam (Part) G-0046 Built-Up Section G-0049 Steel Beam _ G-0053 Steel Beam _ G-0054 Steel Beam G-0056 Steel Beam (Part) G-0067 Steel Beam _ G-0068 Steel Beam G-0069 Steel Beam _ G-0070 Transfer Girder G-0078 Steel Beam G-0083 Steel Beam G-0086 Steel Plate G-0086 Steel Plate G-0087 Steel Column G-0096 Steel Train Rail G-0103 Steel Column G-0104 Steel Column G-0106 Steel Beam G-0107 Steel Beam G-0108 Steel Tube G-0109 _ Steel Train Rail G-0110 Steel Beam G-0111 Steel Beam G-0112 Steel Beam G-0115 Steel Train Rail G-0116 _ Steel Beam G-0117 _ Steel Beam G-0118 Steel Beam G 0119 i Steel Column G-0120 Steel Box Beam (Part) G-0121 Steel Tube Post G-0122 Steel Plate G-0123 G-0124 Steel Plate_ Steel Post -- Tube & Connection G-0125 Steel Beam (Part) G-0126 Steel Beam G-0127 Steel Beam -- G-0128 Steel Beam G-0130 Steel Beam G-0131 Steel Beam G-0132 Steel Column G-0135 Steel Beam G-0137 Steel Beam G-0138 G-0139 G-0140 G-0142 Steel Column Steel Beam Steel Plate Steel Channel -Stair Carriage G-0145 Steel Beam Item # 12 Page 3 Case 1:21-mc-00097-AKH-THK Documgp?it1A509 Filed 07/22/2010 Page (Fats of 11 number 2 Inventory Archive Item Number Description G-0148 teel Beam ? G-0149 S eel Beam G-0150 Steel Column G-0151 Steel Beam G-0152 Steel Beam G-0153 Steel Beam _ G-0154 Steel Column G-0155 Steel Column G-0156 Steel Beam G-0157 Steel Beam G-0159 Steel Beam _ G-0160 Steel Strap G-0161 Steel Beam H-000 1 Steel Column _ H-0002 Steel Beam H-0003 Steel Beam _ H-0004 Steel Column _ H-0005 Steel Beam _ H-0006 Steel Beam H-0007 Steel Column H-0008 Steel Beam H-0009 Steel Train Rail H-0010 Steel Beam H-0011 Steel Plate H-0012 Steel Train Rail H-0013 Steel Train Rail _ H-0014 Steel Column H-0015 Steel Beam H-0016 Steel Tube H-0017 Steel Beam H-0018 Steel Box Beam. (Part) H-0019 Steel Beam H-0020 Steel Beam H-0021 Steel Beam H-0022 Steel Train Rail _ H-0023 Steel Beam H-0 024 Steel Train Rail _ _ H70025 Steel Beam H-0026 Steel Beam H-0027 Steel Train Rail H-0028 H-0029 Steel Beam Steel Beam H-0030 H-0031 Steel Column Steel Beam H-0032 H-0033 Steel Beam Steel Beam H-0034 Steel Beam H-0035 Steel Column H-0036 H-0037 Steel Beam Steel Beam H-0038 Steel Beam H-0039 Steel Beam H-0041 Steel Beam H-0042 Steel Beam H-0043 H-0044 Steel Beam Custom Steel Beam H-0045 H-0046 H-0051 Steel Beam Steel Bearn Steel Beam H-0064 H-0066 Steel Box Column Steel Column Item # 12 Page 4 Case 1:21-mc-00097-AKH-THK DOCurrg?a it1A509 Filed 07/22/2010 Page X 7 of 11 umber2 Inventory Archive Item Number Descriptio H-0070 Steel Column H-0071 Steel Column H-0077 Steel Beam H-0079 Steel Angle H-0080 Steel Column H-0086 Steel Beam H-0088 Steel Column H-0090 Steel Beam H-0091 Steel Beam _ H-0099 Steel Plate H-0100 Steel Plate H-0101 Steel Plate H-0105 Steel Column H-0107 Steel Beam H-0112 Steel Beam H-0113 Steel Train Rail H-0118 Steel Beam H-0120 Steel Bent Plate H-0123 Steel Beam H-0128 Steel Beam H-0134 Steel Beam H-0135 _ Steel Beam H-0136 Steel Beam H-0137 Steel Beam H-0140_ Steel Beam H-0143 Steel Column H-0144 Steel Beam H-0145 Steel Beam H-0146 Steel Column H-0147 Steel Column H-0148 Steel Beam H-0149 Steel Beam H-0150 Steel Beam -- H-0151 ----------------- Steel Beam H-0152 _ Steel Beam H-0153 Steel Column H-0154 ---------- --------- Steel Beam ----- H-0155 - Steel Beam H-0157 Steel Beam H-0158 Steel Beam H-0159 Custom Steel Beam H-0160 Steel Beam H-0161 _ Steel Box Column 1-0001 Steel Beam 1-0002 'Steel Diagonal Brace 1-0003 Steel Beam 1-0004 1-0005 Steel Beam Steel Beam 1-0006 Steel Beam 1-0007 Steel Beam 1-0008 _ Steel Column 1-0009 Steel Column 1-0010 Steel Column 1-0011 Steel Train Rail 10012 peel Column 1-0013 Steel Column 1-0014 Steel Column I-0015 Steel Column -- ---- ------- 1-0016 Steel Column 1-0017 _ Steel Column 1-0018 Steel Bent Plate Item # 12 Page 5 Case 1:21-mc-00097-AKH-THK DocumeP it1A509 Filed 07/22/2010 Page ('',OP ,1 number 2 Inventory Archive Item Number Description I-0019 Steel Beam 1-0020 Steel Column 1-0021 Steel Beam 1-0022 Steel Box Column 1-0023 Steel Box Column 1-0024 Steel Column 1-0025 ; Steel Column _ 1-0026 Steel Beam 1-0027 Steel Column _ 1-0028 Steel Beam 1-0029 _ Custom Steel Construction 1-0030 _ __ Steel Column 1-0031 __ Steel Beam _ 1-0032 Steel Beam 1-0033 Steel Train Rail __ 1-0034 Steel Train Rail - 1-0035 Steel Train Rail _ 1-0036 Steel Beam 1-0037 ' _ Steel Beam 1-0039 _ Steel Beam 1-0040 Steel Column 1-0041 Steel Beam 1-0042 Steel Column 1-0043 Steel Column 1-0045 _ Steel Beam 1-0046 Steel Beam 1-0047 Steel Train Rail 1-0048 _ Steel Beam 1-0049 Steel Beam 1-0050 Steel Beam 1-0051 Steel Column 10052 Steel Beam 1-0053 Steel Beam 1-0054 Steel Beam 1-0055 _ Steel Beam (Part) 1-0056 _ Steel Train Rail 1-0057 Steel Train Rail 1-0058 Steel Train Rail 1-0059 Steel Beam 1-0060 1-0061 Steel Beam Steel Beam 1-0062 Steel Beam 1-0063 Steel Beam 1-0064 Steel Beam 1-0065 Steel Bent Plate 1-0066 1-0068 Steel Beam Steel Beam 170069 Steel "T" 1-0071 s teel Column 1-0079 ;Steel Reinforcing Bar 1-0086 Steel Beam 1-0097 1-0119 Steel Beam Steel Beam 1-0120 _..__-- 1-0122 10123 10124 1-0125 Steel Beam -- Steel Beam Steel Train Rail Steel Column :Steel Column 1-0127 1-0129 I-0130 ,Steel Bent Plate Steel Column Steel Beam Item # 12 Page 6 Case 1:21-mC-00097-AKH-THK DOCUm p1t,1509 Filed 07/22/2010 Page t ' oe'1number 2 Inventory Archive Item Number Description 1-0131 Steel Column [I-0134 Steel Beam 1-0135 Steel Train Rail 1-0136 Steel Train Rail 1-0141 Steel Bent Plate 1-0144 Steel Beam 1-0146 Steel Beam _ I-0156 Steel Beam 1-0157 Steel Column _ 1-0159 Steel Column 1-0161 _ Steel Post 1-0162 Steel Column 1-0163 Steel Column 1-0164 Steel Column _ 1-0165 Steel Column I-0167 Steel Column _ 1-0169 Steel Beam _ I-0170 Steel Beam 1-0172 Steel Column 1-0173 Steel Box Column 1-0174 Steel Column 1-0177 Steel Stair Channel 1-0178 Steel Stair Channel J-0001 Tower Exterior Wall Steel J-0005 Tower Exterior Wall Steel J-0006 _ __ Tower Exterior Wall Steel J-0007 Tower Exterior Wall Steel J-0012 Tower Exterior Wall Steel J-0013 Tower Exterior Wall Steel J-0014 Tower Exterior Wall Steel J-0015 Tower Exterior Wall Steel L-0002 Steel Beam (Part) with Symbol Cutouts L-0003 Tower Exterior Wall with Symbol Cutouts L-0004 Steel Beam with Symbol Cutouts L-0007 Steel Beam (Part) with Symbol Cutouts L-0008 Steel Beam (Part) with Symbol Cutouts L-0009 Steel Beam (Part) with Symbol Cutouts L-0010 Steel Beam (Part) with Symbol Cutouts L-0011 _ Steel Beam (Part) with Symbol Cutouts L-0012 _ Steel Beam (Part) With Symbol Cutouts L-_0015 _ Steel Beam (Part) with Symbol Cutouts L-0016 ___ Steel Beam (Part) with Symbol Cutouts L-0017 Tower Exterior Wall Aluminum with Cutouts L-0018 Steel Beam with Symbol Cutouts L-0019 Steel Beam with Symbol Cutouts L-0020 Steel Beam with Symbol Cutouts L-0021 Steel Plate with Symbol Cutouts L-0022 L-0023 L-0024 Steel Beam (Part) with Symbol Cutouts Steel Beam with Symbol Cutouts Steel Beam with Symbol Cutouts L-0026 M-0001 M-0002 Steel Beam (Part) with Symbol Cutouts Steel Beam Steel Column M-0003 ---- --------- Steel Beam M-0004 M-0005 M-0006 M-0007 M 0008 M 0009 M-0010 Steel Beam Steel Beam Steel Beam Steel Beam Steel Beam Steel Beam Steel Column Item # 12 Page 7 got11 mber2 Case 1:21-mc-00097-AKH-THK Documexnt?iY509 Filed 07/22/2010 Page -MaP Inventory Archive Item Number Description N IST-007 Col um n NIST-012 NIST Steel N IST-013 N IST Steel N IST-014 N IST Steel NIST-015 NIST Steel -- N IST-016 - - N IST Steel NIST-017 NIST Steel NIST-018 Corner column N IST-023 N IST Steel NIST-031 NIST-035 Wide flange Channel N IST-036 N IST Steel NIST-037 NIST Steel NIST-039 _ NISTSteel NIST-044 Channel NIST-052 _ NIST Steel NIST-054 Long beam NIST-055 Narrow beam with rivets _ NIST-056 Small beam NIST-058 Steel Channel NIST-063 Box column NIST-065 Long beam NIST-066 Very long beam NIST-068 Two beams NIST-069 Long beam NIST-072 Gnarled beams NIST-073 Metal decking NIST-074 NIST Steel NIST-075 _ NIST Steel NIST-076 Three columns NIST-078 Steel NIST-079 Steel box _ NIST-080 Steel box NIST-081 Three Columns _ NIST-082 _ NIST Steel NIST-083 NIST Steel NIST-084 NIST Steel NIST-085 Aluminum Sheathing NIST-101 NIST Steel NIST-106 Three columns NIST-107 Two columns NIST-109 Steel column NIST-110 Three columns NIST-111 Panel NIST-112 Two columns NIST-113 Two Columns NIST-114 Column NIST-115 NIST-116 NIST-117 NIST-118 NIST-119 NIST-120 Three full columns Two Columns Three full columns Column Washer and nut Partial single column NIST-121 Steel column NIST-123 Three Column NIST-124 Steel Column NIST-125 One column NIST-126 ,Two full columns NIST-127 ITwo Columns NIST-128 Bowtie Section NIST-129 Bowtie Section Item # 12 Page 8 Case 1:21-mc-00097-AKH-THK Documeexnb?ta5,09 Filed 07/22/2010 Page go11 mber2 Inventory Archive Item Number Description NIST-130 Three Columns NIST-131 Two full columns NIST-132 Channel NIST-133 Thin steel NIST-134 Thin steel NIST-135 Wide Flange - NIST-136 Bent beam NIST-138 Wide Flange NIST-139 Straight beam NIST-140 Wide Flange _ NIST-141 Wide Flange _ NIST-142 Column NIST-143 Partial column NIST-144 Curved beam NIST-145 Wide Flange NIST-146 Corner column NIST-147 Column NIST-149 Long beam NIST-150 Full panel _ NIST-151 _ Wide flange NIST-153 Two Columns NIST-154 Column NIST-156 Wide Flange NIST-157 Single column NIST-159 Two columns NIST-161 _ Wide flange NIST-162 _ Rectangular Column NIST-163 One column NIST-164 Column NIST-165 Two columns NIST-166 Full panel NIST-167 Full column NIST-168 Partial panel NIST-169 One column NIST-172 Small Steel NIST-173 _ NIST Steel NIST-174 NIST Steel NIST-175 NIST Steel NIST-176 NIST Steel NIST-177 NIST Steel NIST-178 NIST Steel NIST-179 N IST Steel NIST-180 NIST Steel Item # 12 Page 9 ?- Meeting Date: 12/16/20 10 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize acceptance of the Florida Energy and Climate Commission grant in the amount of $450,000.00 for the enlargement of the Gate Valve Site located on Hercules Avenue for the Compressed Natural Gas Vehicle Fueling Station, Project Code 315- 96387, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Florida Energy and Climate Commission has issued Grant Agreement EE0000241 in the amount of $450,000.00 to the City of Clearwater. The grant proceeds must be used for the construction of a Compressed Natural Gas fueling station. The grant proceeds will be deposited into Project Code 315-96387. The station will be on Hercules Avenue at the entrance to the Clearwater Airpark. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Other No Budget Adjustment: to Annual Operating Cost: Total Cost: Review Approval: 1) Clerk 2) Assistant City Manager 3) City Manager 4) Clerk None Cover Memo Item # 13 Attachment number 1 Page 1 of 51 FLORIDA ENERGY CLIMATE COMMISSION GRANT AGREEMENT N 07 STATE FLORIDA GRANT ASSISTANCE PURSUANT T AMERICAN RECOVERY REINVESTMENT AND T IT STATES DEPARTMENT O ENERGY AWARDS THIS AGREEMENT is entered into between the STATE FLORIDA, EXECUTIVE OFFICE OFT GOVERNOR (EOG), FLORIDA ENERGY AND CLIMATE COMMISSION whose address is 600 South Calhoun Street, Suite 251, Tallahassee, Florida 32399-0001 (hereinafter referred to as the "Commission") and the City of Clearwater, whose address is 112 S. Osceola Avenue, Clearwater, , 33756-5106 (hereinafter referred to as "Grantee" or "Recipient"), a local government, to provide financial assistance for the Enlarge Gate Valve site for Compressed Natural Gas filling. In consideration of the promises and mutual agreements contained herein, the Co ssion and the Grantee acknowledge and agree as follows: The United States Department of Energy ( O) awarded funding to the Commission pursuant to USDOE through erica Recovery and Reinvestment Act ( ) Grant Agreement No. - E000021. The Grantee shall be a sub-grantee o federal financial assistance from U O. The Grantee is responsible for complying with the appropriate state and federal guidelines in the performance o its activities pursuant to this Agreement. 2. The Grantee agrees to perform accordance i the ternis and conditions set forth i this Agreement, its attachments and exhibits named incorporated by reference. For purposes of s Agreement the terms "Grantee" and "Recipient" are used interchangeably. This Agreement shall begin upon execution by both parties and end no later than April 1, 2012, inclusive. If allowed by U O, this Agreement shall be effective February 2, 2010, for purposes of meeting the cost share or match requirements as described in Attachment A, Grant Work Plan. Profit to the Grantee, or any of its subg tees is prohibited by 10 Code of Federal Regulations (C) Part 600. This Agreement may be ended to revise Attachment , Grant Work Plan, if additional funding is made available by the US OE and/or the Florida Legislature. Gant Agreement No. 6007 Page t of 10 Item # 13 Attachment number 1 Page 2 of 51 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT 7 37. Nothing ` this Section or Agreement is ° tended nor implies to guarantee approval of a request to modify or adjust Attachment , Grant Work Plan, or the available project funding. C. All reimbursement requests der this Agreement shall be submitted sin the Attachment , Payment Request Summary Form, format in detail sufficient for a proper pre-audit and post-audit thereof The Grantee shall submit a properly completed Attachment , Payment Request Summary Form, with supporting documentation of allowable costs, includ°g for the final reimbursement request, as described below in paragraph 4.1). Ten percent of each approved reimbursement request shall be retained by the Co ission pending Grantee's compliance with Section S. F. In addition to the requirements contained in paragraphs .C above, the Con ssio may periodically request additional roof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State of Florida guidelines, When requested, is information must be provided within 3 calendar days o such request. . The Commission's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature of the State of Florida and the availability of federal funding for the specific purpose offunding the Co ission°s obligations der this Agreement, In the event fa State revenue shortfall, withdrawal of State budget authorization and/or rescission of federal finding, the total d°!; may be reduced accord°ly. The Commission, in accordance direction from the Governor and/or the Florida Legislature, shall be the final determiner of the availability of any funds. 7. The Grantee shall sub °t an Annual Report 15 calendar days after the end o the first year of the project, i the to o the project exceeds one year. The Annual Report shall provide a narrative detailing and evaluating the accomplishments and impact o the project in the prior twelve months. The Annual Report shall follow the format described in Attachment Annual Report. 8. The Grantee shall also submit a Final Report 1 calendar days prior to the expiration date o the Agreement. The Final Report will provide final narrative detailing and evaluating the accomplishments and impact o the project. The Final Report will include evaluation o the energy savings directly attributable to the project, projections o estimated energy savings expected to accrue o the project and policy recommendations, which may be helpful in implementing other projects of a similar nature. Pursuant to Grant Agreement No. ARS007 Page 2 of 10 Item # 13 Attachment number 1 Page 3 of 51 FLORIDA CLIMATE COMMISSION GRANT AGREEMENT 7 paragraph 4.C, 10% of the total Agreement amount identified in paragraph . will be withheld until receipt and approval of the Final Report. Each party 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. 1. If the Grantee materially fails to comply t the terms and conditions of this Agreement, including any Federal or State statutes, rules or regulations, applicable to this Agreement, the Commission may take one or more of the following actions, as appropriate for the circumstances. A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee. Grant Agreement No. A 007 Page 3 of 10 Item # 13 Attachment number 1 Page 4 of 51 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS007 Upon execution of this Agreement by the Grantee, the Grantee all complete, sign and rreturn a copy of Attachment G, Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions. C. required by paragraphs A and B above, the Grantee shall include the language of this Section and Attachment , Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions, ' all subcontracts and sub-grants or lower tier agreements executed to support the Grantee's work der is Agreement. 1. The Grantee shall maintain books, records and documents directly pertinent to performance der is Agreement in accordance with generally accepted accounting principles. The Commission, the State of Florida, USDOE or eir authorized representatives shall have access to such records for audit purposes during the ten-n of is Agreement and for five years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain allow access to such records for audit purposes. IT A. The Grantee shall retain and maintain all records referenced i Section 16 and make such records available for an audit as may be requested. Such records shall include independent auditor working papers, books, documents an other evidence, including but not limited to, vouchers, bills, invoices, requests for payment and other supporting documentation, which, according to generally accepted accot°g principles, procedures and practices, sufficiently and properly reflect all program costs expended i the performance o t °s Agreement. The Grantee agrees to comply with the audit requirements of Section 215.97, Florida Statutes, and those found ' Attachment , Special Audit Requirements as applicable. C. The Grantee shall include the audit and record keeping requirements described above and Attachment number 1 Page 5 of 51 FLORIDA ENERGY _ CLIMATE COMMISSION AGREEMENT GRANT ARS007 The Grantee must provide copies o any audit referencing is Agreement, the audit transmittal letter, and any response to such audit to the Commission within 34 calendar days of its receipt. The Grantee should confer with its chief financial officer, audit director or contact the Commission for assistance i questions pertaining to the applicability of these requirements. B. The Grantee may subcontract work der is Agreement upon the condition that each Attachment C, Monthly Progress Report, contains a current list of subcontractors, the of of each subcontract and a short description of work to be erfo ed by at subcontractor. The Grantee shall be solely responsible for all work performed all expenses incurred i connection with the development and implementation of the services, programs and activities under this Agreement whether directly performed or by subcontract. Attachment number 1 Page 6 of 51 ENERGY FLORIDA AND CLIMATE COMMISSION NO. ARS007 AGREEMENT GRANT pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. 1. The Grantee shall comply i all applicable federal, state and local rules and regulations. The Grantee acknowledges at this requirement includes compliance `t all applicable federal, state and local heal and safety rules and regulations. The Grantee further agrees to include t °s provision in all subcontracts issued as a result o this Agreement. 2. The Grantee agrees to comply with, include as appropriate in subcontracts, the applicable regulations listed i Attachment , Federal Regulations, and the provisions contained i Attachment , Feder Funding Grantee, Sub-grantee and Contractor Provisions. 3. The Commission's Grant anger for this Agreement is identified below. 24. The Grantee's Representative for is Agreement is identified below. Rick City of Clearwater Enlarge Gate Valve Site for CG Fillir? 112 .Osceola Avenue Clearwater, FL Pinellas Co 33756-5106 Telephone No.: 727-5624891 F o.: 727-5624895 -mail Address: Rick. camle trim clearwatencom Grantee --- 78307303 Grantee CCR Registration 4/20/2011 Expiration Date: Grant Agreement into.. 07 Page 6 of 1 Item # 13 Attachment number 1 Page 7 of 51 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS007 The Grantee warrants and represents at it is self-insured for liability insurance, appropriate and allowable under Florida law, and at 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. 27. The Grantee covenants that it presently has no ° terest and shall not acquire any interest which would conflict ` any manner or degree t the performance of services required. 28. Upon satisfactory completion of this Agreement, i Commission approval, the Grantee may retain ownership o the non-expendable personal property or equipment purchased under this Agreement. However, the Grantee shall complete and sign Attachment J, Property Reporting Form, and submit it to the Commission as an attachment to the Attachment , Payment Request Summary Form, in which these costs are documented for reimbursement or match. The following ternts shall apply: 29. The employment of unauthorized aliens by any Grantee/vendor is considered a violation o Section 27 A(e) o the Immigration and Nationality Act. I the Grantee/vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision i all subcontracts with private organizations issued as a result oft this Agreement. 30. A. No person o the grounds o 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 i performance of this Agreement. The Grantee agrees to comply with 10 CF Part 1040 "Nondiscrimination i Federally Assisted Programs." C. The Grantee affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes, and that at no time has the Grantee been placed on the Discriminatory Vendor List. The Grantee further agrees that it shall not violate c law and acknowledges and agrees at placement o the list during the to o is Agreement may result ' the termination of this Agreement. D. The Grantee a s at it is aware o the provisions of Section 27.133(2)(a), Florida Statutes, and that at no time has the Grantee been convicted of a Public Entity Crime. The Grantee agrees at it shall not violate such law and further acknowledges and agrees that any conviction during the to o is Agreement may result in the termination o is Agreement. The Grantee shall insert a provision in accordance with is paragraph in all subcontracts for services ° relation to this Agreement. 1. Land acquisition is not authorized der the terms of this Agreement. 32° A. If the Grantee brings to the performance of t °s Agreement pre-existing intellectual property, the Grantee shall retain all rights and entitlements to that pre-exist°g intellectual property. Grant Agreement No. ARS007 Page 7 of 10 Item # 13 Attachment number 1 Page 8 of 51 FLORIDA ENERGY AND CLIMATE COMMISSION AGREEMENT NO. ARS007 GRANT B. All patent rights, copyrights, and data rights must be i accordance with 1 CFR Part 600 as referenced in Attachment H, Intellectual Property Provisions. The terms and conditions specified ° Section 3 shall also apply to any subcontracts made der is Agreement. The Grantee shall be responsible for informing the subcontractor of the provisions o this Section and obtaining disclosure& 33. The Grantee is encouraged to publish or otherwise make publicly available the results of the work conducted der this Agreement. U O requires an acknowledgement of Federal support. A disclaimer must appear ° the publication of any material, copyrighted or not, which was based on or developed der this Agreement, as follows: Acknowledgement: "°C is material is based upon work supported by the U.S. Department o Energy and the Florida Energy and Climate Commission under Award Number DE-EE000024 L" 34. The Grantee shall not develop any software or databases under the terms and conditions of this Agreement. Grant Agreement No. A 07 Page 8 of 1 Item # 13 Attachment number 1 Page 9 of 51 FLORIDA CLIMATE COMMISSION AGREEMENT GRANT NO. ARS007 35. The Parties agree they will seek to resolve any disputes between the regarding their responsibilities as soon possible and at the lowest level reasonable, ` order to conserve the resources of the Parties. The Parties further agree to use their best efforts to assure speedy and non-confrontational resolution of any and all disputes between the 36. This Agreement is executed and entered into in the State o Florida and shall be construed, per-formed and enforced ' all respects in accordance with the lags and rules of the State of Florida. Any litigation arising der this Agreement shall be brought in the appropriate court in Leon, County, Florida, applying Florida Law. 37. This Agreement represents the entire agreement o the parties. Any alterations, variations, changes, modifications or waivers of provisions o this Agreement shall only be valid when they have been reduced to writing, duly signed by each o the parties and attached to the original of is Agreement, unless otherwise provided herein. 3. The following Attachments are incorporated into this Agreement: Attachment A Grant Work Plan Attachment B Payment Request Summary Form Attachment C Monthly Progress Report Attachment D Special Audit Requirements Attachment E Federal Regulations Attachment F Federal Fund` Grantee, Sub-grantee and Contractor Provisions Attachment G Debarment and Suspension Form Attachment Intellectual Property Provisions Attachment I Disclosure of Lobbying Activities Attachment i Property Reporting Form Attachment Annual Report IN WITNESS WHEREOF, the parties have caused is Agreement to be duly executed, the day and year last written below. CITE' C CLE ATR, FLORIDA Countersigned: By: Frank J Hibbard Mayor ate: STATE OF FLORIDA, EXECUTIVE ICE F E GOVERNOR, Florida Energy Climate Commission Y: Alexander Mack Program Administrator Date: Grant Agreement No. ARS007 Page 9 of 10 Item # 13 Attachment number 1 Page 10 of 51 FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. 5007 By: Ali B. Home Il City Manager Ito: Approved as t o : Attest: a it A. Soto Rosemarie Call Assistant City Attorney City Clerk Date: Date:- Grant Agreement No, A 5007 Page to or t0 Item # 13 Attachment number 1 Page 11 of 51 ATTACHMENT A GRANT WORK PLAN FLORIDA ENERGY A CLIMATE COMMISSION GRANT AGREEMENT NO. A 5007 STATE F FLORIDA GRANT ASSISTANCE PURSUANT T AMERICAN RECOVERY INVESTMENT ACT UNITE STATES DEPARTMENT O ENERGY AWARDS A. PROJECT TIT : Enlarge Gate Valve site for Compressed Natural Gas Filling PROJECT LOCATION: Clearwater, FL; Pinellas County PROJECT BACKGROUND. The Grantee proposes to retrofit the Gate station located o property currently owned by the Grantee will upgrade the station from a slow fill system o refueling Compressed Natural Gas ( ) vehicles to a fast-fill and public access G station that will provide the equivalent of 730 gasoline gallons per day (etay) to public and private fleets operating i this community, PROJECT OBJECTIVES: • Objective 1: Reduce overall cost of operation - The Grantee estimates a savings of $4,360 per heavy truck per year and $2,147 per medium duty truck per year i the el budget for all City vehicles converted to CG. • Objective 2: Reduce dependency o foreign oil - The Grantee estimates annual average petroleum offset of 568,480 gallons per year over the next ten years. • Objective 3® Greenhouse gas reductions - The Grantee estimates annual average reductions in greenhouse gas emissions of 2,241 T C02e over the next ten years. Objective : Create Jobs, . this project will support three direct and 15 indirect jobs. Objective 5: Education and Marketing - The City will implement aggressive campaign to advertise and promote the benefits o C vehicles. City and contractor personnel will prepare and present the benefits every media market available today. All the benefits will be explained ° detail. The City will implement Green Certification" program at will become highly visible PROJECT DESCRIPTION: Task 1 - Away Contract • o Begin the bid document preparation to award a contract for construction. Task - our Concrete Pads o Concrete pads will be located and sized to allow for capacity expansion when the vehicle population grows. These pads will be built to support o largest trucks in the fleet. Successful vendor will perform t °s task. Grant Agreement No. S007, Page I of 8 Item # 13 Attachment number 1 Page 12 of 51 ATTACHMENT A GRANT WORK PLAN Task - Install Equipment an Control Systems o The Compressed Gas equipment and controls will be installed by factory trained technicians. Equipment will be fully tested and certified prior to acceptance by City ofClear-water. Successful vendor will perform is task. ® Task Obtain al Permits Have all work inspected b proper agencies. Obtain all applicable certifications and permits. Permits consist of all City of Clearwater permits that apply (structural, concrete, electrical, plumbing) and other permits such as Florida Department of Environmental Protection, County Health Department and Pinellas County right of way. Task - Start-up o Conduct start-up inspections verify proper operation of all components. Task - duration Develop and distribute training aids for all City personnel and begin the media "Green" media presentations. Clearwater Gas will begin a large media advertisement to promote the availability of CNG to potential customers. Task 7 - Implement Vehicle Plan Purchase and install retrofit kits for approximately 2 vehicles (2 medium trucks and four garbage trucks). ® Task - Prepare for future CNG conversions o Develop a plan for conversion of vehicles o Identify additional vehicles for retrofit o Retrofit the vehicles. F. PROJECT L. V RSl UT : No. Task/Activity a 'vera a is tart Month Deadline Month Description 1 Award Contract Ready for Construct on on 5 Month 9 2 Pour Concrete ads ead for ui et Month on 7 3 Install Equipment E ent installed Mon 6 Month 7 Obtain Final Permits Final Permit on 8 Month 8 5 Start-up Inspections and Proper eration of all coma anents Education Media, ebsite Month 9 on 12 7 Implement Vehicle la Vehicle Operational Month 8 Month 12 8 Prepare for future G Fleet CMG Operational on 12 Month 1 Conversions Grant Agreement No. AR 007, Page 2 of 8 Item # 13 Attachment number 1 Page 13 of 51 G. PROJECT BUDGET: ATTACHMENT A GRANT WORK PLAN Cost Share: Matching Funds and Funding Category Grant Funs Other In-Kind Contributions Funding Source of Funds 1. Salaries $39,475.00 Cle ater e 2. Fringe Benefits 3. Travel (if authorized . Supplies/Other Expenses 5. Equipment $450,000.00 $465,111.00 Clearwater Gas CI 6. Contractual Services $558,345.00 Clearwater Gas CI/To e Determined 7. Indirect (if authorized) Total Project ud et $450,000.00 $1,062,931.00 Total Pra°ect Cost $1,512,931.00 Grants Funds + Cost Share Cost Share erce tae 70.3% Cost Share I Total Project Cost TOTAL ET Y TAS : Project s rant Funds Cost are. Matching Funds and Other In-Kind Contributions 1 Design $150,000.00 To Be Determined 2 A royal to Proceed $0.00 Clearwater Gas 3 Award Contract $25,000.00 Clearwater Gas Po Concrete ads $150,000.00 Clearwater 5 Install Equipment and $450,000.00 $543,072.00 Clearwater Gas Control System 6 Obtain Final e its $2,970.00 Clearwater 7 Education $75,000.00 Clearwater 8 implement Vehicle plan $35,000.00 Clearwater General services 9 Prepare for future C $81,889.00 Clearwater Conversions 10 Provide Monthly e ort Clearwater [T vide Final Technical ] Clearwater R eport Totals: $450,000.00 $1,062,931.00 Total Project Costa $1,512,931.00 = G t. _ t Cost Share Grant Agreement No. AS007, Page 3 of 8 Item # 13 Attachment number 1 Page 14 of 51 ATTACHMENT A GRANT WORK PLAN 1. Salaries - Identify the persons to be compensated for wort: on is project by name (if known), position, and title. Show the hourly cost and total hours to be charged for each person or position. Divide annual salaries by 2080 hours and nine month academic salaries by 1560 hours, to rind the hourly rate. 2. Fringe Benefits - Multiply the rate by the total salaries to which fringe benefits apply. If the rate is variable, explain and show calculations. 3. Travel - List trips their purpose and/or destination. Indicate thenumber of days for each tip. The Commission will only reimburse for travel at the appropriate State o Florida rate (Section 112.061, Florida Statutes), using the forms referenced in Attachment , Payment Request Summary Form. e prepared to provide the Commission with details on costs utilized to calculate the "Amount Budgeted" for each trip. . Supplies Other Expenses - List expendable supplies by category description, unit costs and quantity. List other expenses not included i any of the above categories. Examples would be pr° ting, copying, postage, communications, etc. Non-expendable equipment valued at less than $1,000 may be listed also. Include only expenses directly related to the project, not expenses of a general nat e° For Match only, list costs related to donated real property such as land (not to exceed the fair market value o the property). 5. Eauiyet - List non-expendable personal property/equip et valued at $1,000 or more by description, unit cost, and quantity. Computers and data-processing equipment should be described i detail. 6. Contractual Services - Subcontractors should provide the same info tion required by this budget table, with the following exceptions: (a) when professional services are provided at a pre-existing approved to or fee shown on the budget; or (b) the subcontract is to be obtained competitively. For either (a) or (b), show estimated maximum amount. 7. Indirect Costs/Rate - Indirect Costs are not authorized. . Total Budget Cate ory - Show the total of all line-items within a Budget Category. 9. Total Budget - Show the total of all categories. Grant Agreement No. 5007, Page 4 of 8 Item # 13 Attachment number 1 W h d V c- d V c ~ c. a ? Ps V ? c ? ® u u " ? i y u V v o ro r z z z C7 u u oy Cd w w V° w En O CC) CJ d w o? o ® v V- o C F" r 5 r?s bs ? n u ?i u u o U 00 w x o M ? ? o °1 ? w y 0 H 0 d V CD d Wn O 6 c 0 w ° 0 o o E? V _ U v E Q . A z y ? c 0 w Cd :2 c as c? y 0 U d 40 C- U u? 0 varv7, c c o u V V d a fin ww F z ® o Cp en U c y d w b4 6A 69 C c y v e^1 v C ? ftl m V1 Ella be w o r d .• Uo Gs d3 b9 ®°?x ® w wz?a P. 0 °y o a . .3 ti d ? a a? c L ? d EA (A fiol? v o c w w N z dyt d V ? >" •o Q •o ? c• j " V o V `y c u n a o u L ar C7 c o d ,? Gs GS 6s Cos 0 y ? w U F CIO d ' w v E, w 4 4. w y c ? V o eq 4 *• c 0 rA u d 'd v a V W O ? w. ® o ar 0 0 u c d v e v c c d U W > o F Cd re z 15 of 51 0 w Item # 13 F W U 4t N 0 U d d c- v, d r. o ?" 4 ? 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Oh o` Q . u 0 U ? w o y ® O cv ®n O to N E, Cc - Tr - V3 6s &S &SI EOS L o O b ., y U b L d ® 0. .? C s C . n d) Q 0 > a C W V d v d .q y v U o C7 C7 c ® a? as as w ? ? ? o u v ® iu v H F U Ln U V u y v ? h wo F°„ 0 U + + + + + + ? c u Cl d wo ° o F U I[ d II I! I! " r CU o d' o U F us Ce us 68 II 11 II III II ? 0 v d? U ~ '? o U m y i v 'd U o # # # F w i V, o O y U d u ? U y o 0 F b9 bn b v V o U u o C [) ? w u o u V U y b as t+ Attachment number 1 Page 17 of 51 0 0 r?= 6 c? U Item # 13 a U u a o o a o kr) ' ,6 8 cr? C) CD ° M -q -'s .9 d 60? 1n as se r. F CD C:) CD C?? CD C) CD CD CD 0 0 v o ® d 64 &9 II II II II II II II Il !C w 0 wi U CD 0 r " M r ^, cra CN W" ° C, M 6 C5 6 or v5 U U bs CU U a L. 79 ® U H ? GIs U) H V) U Attachment number 1 Page 18 of 51 v a v 3 v 0 0 3 0 w a? c. C7 ns C 0 a G 0 .Y 00 U v, C) C) U `n r. E U Item # 13 Attachment number 1 Page 19 of 51 ATTACHMENT PAYMENT REQUEST SUMMARY FORM FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT N 007 Grant Agreement No.: Date Request: _ Reimbursement Period: to Amount a uested: Percent Matching 1. Salaries $ 5 5 $ 2. Fringe Benefits $ S S S 3. Travel if authorized $ $ S S 4. Supplies/Other Expenses S S $ S 5. Equipment $ S S S 6. Contractual Services $ S S $ 7. Indirect Costs if authorized S $ S S TOTAL AMOUNT EXPENDED $ $ S $ I ess Retainage* $ $ 1, . < 10% of TOTAL AMOUNT EXPENDED TOTAL AMOUNT TO BE REIMBURSED S S AGREEMENT AMOUNT S $ Less TOTAL AMOUNT EXPENDED: S ? ' S TOTAL AVAILABLE BALANCE S $ * The cumulative Retainage amount shall be reimbursed on the Fin al Reimbursement Request, upon approval c the Final Report by the Commission's Grant Manager. GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above is for items that were charged to and utilized only for the above cttea grant activities. Grantee's Representative's Signature Grantee's Fiscal Agent Print Name Print Name Telephone Number Telephone Number Grant Agreement No. ARS007, Page I of 8 Item # 13 Attachment number 1 Paqe 20 of 51 .1 Z C9 N ? Z e Z O Z E o? E O z -00 -0 C) Do Do O o O ? O cn - - us N -Z ua -Z cy. I c} c>° c} U) LO V) u p U) v- O O ?p us - o U s p ro cs - O p to v- O U v U U y p U U U M d) w (D M m U v o O (D IP U II U II U II II y ? ro II U C ro 1B gLj C l6 ? II C f0 2 E ro E m E E 0 ® U ® C9 p U p C a) ro O E O ID ifl :3 - o E LDL O < Cr L O m O o to Y °? rA O ? O U 7 CO p O U CL O H c O ? m O 4 rn O Z O p U a) a y V} U U ? ro p U Y O C U U ? s m otf g ® E U' U m Q 6s ? C ® ® > e 19 d ® F L C 7 CL O Y Y D %- 0 ® IL Q N C N E O •r 3: Z .a C ® N r O O Q CL LL .0 N O E Q ® c 61 N d U N N _ 4 lC O C U O C y l6 M- O E N O N ® Q C? N r O C3° x f" ® C ? U L m r N r N 63 0 E E O O z W m O Q N O O CL s 3 U) O E (D > ® ??L CL E N E W ® a ) _ W ?g z z l i Nil t 00 4- 0 r4 CD to CD C) En z 67 E #13 F7r d W z W Fw q? E-O Z W F Attachment number 1 Page 21 of 51 Eon E5- E' U? -0 0>- -Z M ¢ w .. C C al Q8 O w w n a - 0 O O V C Ct g 0 ttiU ® ®? cDU s 4) w U z U v Uz ?( v vi Y) = U 0 CD ? C ? C O IL tM O C 69? O II II II li C: CL L w M U U 0) ITS fA U ? U ? O ? Cr m O 0 U) CI. U) C dl Z O° O U }"` O -D 2 O Z as C) CL V 1L C V! 7 yr C LL y; ® J 11 (? I. O Q ? L5 Q O L J ? ® an ? c e9 c w ® sn y m O ®? to Qy 0 y R W ap=® (D a m 4, O o O ? fi ro ? ® ® ® U U) :3 ? , w d z (D c m _Ile c w I LLj U? U U? lJ W C U U O U 0? d d d Ix F- Y 75 Y C: L) O l1 C7U C9U w Cl C W a EL ® C ® 0 z Q < b ) U) U1 U O r 15 0 i ® 0 m U C 0 C C O 3 C ® m LLI ¢ LL. Lam O M ® as L ® f7} r w q O w `O Q0 ?0 ® L ?I. a N ' V O :3 < L 0 C L U) ? 0 0 ® U) 0 ® VI L C y C O ` } y > ` D ® C ea ? ? E° EV v5 l w? z z C L Item # 13 Attachment number 1 Page 22 of 51 J Z N F Ll,I C/] U . r? - 65 Z Z O p C in E U ?y} U < ¢ - o ® e? - W vii'`- I ?Z ? as Z i v o U) O V n t? O O sn V O vU U U vU .? vU v U U U II ? II ? II II II U R II V G R w II ? C c0 II U C W T ? m E R E cc Ca E `d CJ O O O G c % o g E O W -0 ® O CD en c = ® i CO d n p N C = c V d - O ? ? Z i N N I- C Qg m N N W C'. O 'D a) N ` tlY t!7 m T p? EL cc KD LD U Ff3 r en i6 4 m Y 7. U C ® alf E C7 U 2 I?b Q f Y V 1 d o ` 67 > ' `- LL ' A 9 [y O I- c a it 49 d Y b (D `- Q M O ® c N c °} C U7 w l C 0 ® ¢ 2 A_ C. LL CO d ® E _O ? ® Q I V d ? . Y ro ICU I C V ®q In C) (J3 C L T O E N N a' O C EL - < d 0 CL M 0 CD V > U] C ? V E ® d V m z E a a) Q3 G LU ® Z5 -0 a ) °' ® y;?g a 4) E W ®® V _ IMP w Z E 0 1 E l T ros'yv' 00 Item # 13 V ?l E V yp?? ?r/ d W V] W r, F G d E-N z Gsl N Attachment number 1 Page 23 of 51 SuZ c?Z O aU?- ¢D L) V rn ?' vs i. v OL U w U? ?UZ U CD M CD v U c C p I-a r xv O II II Il I I C ?° C` °C c o U U c ®? ro U fi+ o 0) CL OL c O E O M V c`° C cn O w [` ® w C C R C <- t CL -0 T O -.. d) IM C C V a V 0 } O LL L } (:? , 0. Q J d ?++fq w O 0 w O ® v CO Cro O !- r C 4) O? > ? b V p ?°® C O U n m C ." p U b V C7 0 (L w OC O 9 J ? ? U U) d7 d7 O O c m a) C 4) iq C: UU? Ur U? k z m m Y O U U'U UU EL 4- p c (D O 7 Q 7 O o p ® Q d ? ' tf3 v9 ? fh y ` y ?Uc Y p d C O O V > c 0 m, x C O 0 7 C Qty OL p C = ars O C c d O a) o F 3 ® U) U mZ ' 3 F' ~ v EL N N ., v 7 3 L- W 47 0'6 C y as >? o? Lo ? c 0 U ?a E® ea EU w 33 V d Z Z C v d Item # 13 Attachment number 1 Page 24 of 51 ATTACHMENT B PAYMENT REQUEST SUMMARY FORM INSTRUCTIONS COMPLETING SUMMARY PAYMENT REQUEST FORM PROJECT EXPENDITURES SUMMARY -AMOUNT REQUEST" COLUMN: Enter the amount paid during the reimbursement period. Provide accurate costs and o not round fi res to the nearest whole dollar value. All costs included in the reimbursement request must agree with the approved Project Budget in the current Attachment A, Grant or l of your Grant Agreement. Do not request reimbursement for costs that o not have an associated, approved, fimded budget category or approved, funded budget line-item in the current Project Budget. Do not claim items at are not specifically identified in the current Budget Detail as reflected in Section I of the current Attachment A, Grant Work Plan. "TOTAL CUMULATIVE PAYMENTS" COLUMN: Enter the cumulative amounts previously submitted for reimbursement to date for each approved, funded budget category. Provide accurate costs and o not round figures to the nearest whole dollar value. Grant Agreement No. AS007, Page 6 of Item # 13 Attachment number 1 Page 25 of 51 SUMMARY ATTACHMENT B PAYMENT REQUEST "MATCHING FUNDS" COLUMN: Enter the amount documented as Match for the reimbursement period. Provide accurate costs and do not round figures to the nearest whole dollar value.- This needs to be shown under specific budget categories according to the currently approved Attachment A, Grant Work Plan. "TOTAL CUMULATIVE MATCHING FUNDS" LU : Enter the cumulative amount documented to date for Match by budget category. Enter the total of all budget categories on the line titled "TOTA MOU EXPENDED." The Final Reimbursement Request must reflect the total of all documented Match, beginning with the first Match documentation through the final Match documentation, etc. The proportion of cumulative Matching funds as of the final Match documentation must equate to the Cost Share Percentage as reflected o the current, approved Attachment A, Grant Work Plan of the Grant Agreement. If insufficient "TOTAL CUU TIME MATCHING FUNDS" are submitted, the Final Reimbursement Request of grant funds shall be reduced toensure that the Cost Share Percentage CERTIFICATION: GRANTEE The Payment Request Summary Form must be signed by both the Grantee's Representative as identified in the Grant Agreement and the Grantee's Fiscal Agent to be approved for reimbursement. NOTE: If requesting reimbursement for travels you must include copies of all travel receipts and a copy oft the Commission's properly completed travel reimbursement for (in the format approved by the Department o Financial Services, Chief Financial ricer) that as been signed by both the traveler and the traveler's supervisor. Grant Agreement No. ARS0 7, Page 7 of 8 Item # 13 Attachment number 1 Page 26 of 51 ATTACHMENT B PAYMENT REQUEST SUMMARY FORM INSTRUCTIONS DETAIL and REIMBURSEMENT GRANT DOCUMENTATION MATCH DETAIL (1 } Salaries: A payroll register or similar documentation should be maintained. The payroll register should show gross salary charges, ' e benefits, other deductions and net pay. I a individual for who 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 Grant Agreement specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of ° e benefits, e the calculation for the fringe benefits amount must be sho ° Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement fortravel must be i accordance i Section 112.061, Florida Statutes, including submission of the claim on the approved slate travel form that has been signed and dated by the traveler and the traveler's supervisor and copies of all travel receipts must also be attached. For additional information on documentation of travel costs, contact the assigned Commission Grant Manager. (4) Supplies - ter Expenses: Reimbursement will be made based o paid invoices/receipts. (5) Equipment: Reimbursement 71 be made based o paid invoices/receipts. Attachment J, Property Reporting Form, must be properly completed, signed and attached to the Attachment , Payment Request Summary o for each item of equipment requested for reimbursement or match documentation. (6) Contractual Services: Reimbursement will be de based o paid invoices/receipts. Subcontractors must be listed o Attachment C, Monthly Progress Report, for the corresponding reimbursement period. Attachment number 1 Page 27 of 51 ATTACHMENT C MONTHLY PROGRESS REPORT FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. 007 STATE FLORIDA GRANT ASSISTANCE PURSUANT AMERICAN RECOVERY A REINVESTMENT ACT UNITED STATES DEPARTMENT ENERGY AWARD Provide summary o project accomplishments to ate. (Include comparison o actual accomplishments tote objectives established forte period. goals were not et, provide reasons why.) Provide a date o the number o jobs create or retained, quantify the reduction of 9-ree ose ,asses and the eerily save ink or BTU. C. Provide a date o the estimated time for completion o the project and an explanation for any anticipated delays. Grant Agreement No. ARS007, Page 1 of 5 Item # 13 Attachment number 1 Page 28 of 51 ATTACHMENT MONTHLY Provide any additional pertinent information including, when appropriate, analysis explanation o cost overruns o high unit costs. E. Identify below, a attach copies of, a relevant work products being submitted fort the project fort this reporting period (e. g., report to sets, links toon-line photographs, etc.) Provide project Grant Budget ate, comparing the rat Project Budget t actual costs to ate. Grant Grant Grant Budget Total Grant Expenditures Expenditures Grant Project Category Project Prior tothis this Reporting Funding Budget Reporting Period Balance Period 1. Salaries 2. Fringe Benefits 3. Travel (if authorized) . Supplies/Other Expenses . Equipment , Contractual Services 7. Indirect Costs i authorized . Total of all Grant Budget Categories Grant Agreement No. R. 0 7, Page 2 of 5 Item # 13 Attachment number 1 Page 29 of 51 ATTACHMENT C MONTHLY PROGRESS REPORT Provide project Match et update, comparing the Match Project Budget to actual costs t date. Match Match Match et Total Expenditures Expenditures Match Project Category Match Prior t this this Reporting Funding Project Reporting Period Balance BHftet Period 1. Salaries . Fringe Benefits . Travel (if authorized) . Supplies/ ter Expenses 5. Equipment , Contractual Services 7. Indirect Costs authorized al of all match t et Cate ories H. REPORTING Activities: Number of New Alternative Fueling Stations TranMourla?dnn Number of Direct Jobs Created Number of Indirect Jobs Created Actual Worker Head Count Grant Agreement No. ARS007, Page 3 of 5 Item # 13 Attachment number 1 Page 30 of 51 ATTACHMENT C MONTHLY PROGRESS REPORT Tons Carbon Emission eduction (C02 Tons of Sulfur Dioxide Emission eduction (C02 Tons of Nitrogen Oxide Emission eduction (C02 Tons of Carbon Monoxide Emission Reduction (2 Ecpuivalent) 1m SUBCONTRACTOR T The Grantee a subcontract word under this rant Agreement without the prior approval of the rant Manager, upon the condition that each Monthly Progress port must contain a current list of subcontractors, as required in Section 18.A of the Grant Agreement. if r°nrrte does not have sta ?'orttr'°?crtor°e, r'tetrse state . Wone' * ...m ___ below N11mv ?.rf Corr(°pp Total Arnoluutt 3M1f}Co110-;RCt1'p E' I)e.w riptiotb o! "% oT I Grant Agreement No, ARS007, Page 4 of 5 Item # 13 Attachment number 1 Page 31 of 51 ATTACHMENT C MONTHLY PROGRESS REPORT J. MINORITY[WOMAN/SERVICE-DISABLED VETERAN-OWNED BUSINESS LIST The Grantee is encouraged to uses all businesses, including minority, woman service-disabled veteran-owned businesses as subcontractors under this Grant Agreement. As required i Section 1 . o t ant Agreement, the Grantee is required to report information concerning their use such businesses in each Monthly Progress Report. If r ntee does not have any .s bconirracts with mi orityfiiro anlservice-disabled veteran- owned businesses, please state 'tine' elow Fypi? of Paid Tea L$usklvss Dusurl[MI?roi of d"?9t?iFwri?:., dill-'in rrh?s t ,witV.rr', F.?..ite ? 6 ??l?Faam, iNnr t, of 'I',e'?rrFrIinp. 'ltq)ut-Ong prt73 1&d a9)'?iu-tiei4 L.,i'6+1 This report is submitted i accordance with the reporting requirements o Grant Agreement No. A 7 and accurately reflects t activities and costs associated with the subject project. Signature o Grantee's Representative ate rani Agreement No. S007, Page 5 of 5 Item # 13 Attachment number 1 Page 32 of 51 ATTACHMENT SPECIAL AUDIT REQUIREMENTS FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. S007 STATE O FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT F ENERGY AWARDS The administration of resources awarded by the Florida Energy and Climate Commission (hereinafter referred to as the "Commission'") to the recipient (hereinafter referred to as the "grantee" or "recipient"), may be subject t audits and/or monitoring by the Commission, as described in this attachment. MONITORING AUDITS PART I. FEDERALLY FUNDED This part is applicable if the recipient is State or local government or a non-profit organization as defined in OMB Circular -133, as revised. I . In the event that the recipient expends $500,000 or more ' Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted ° accordance with the provisions of C Circular A-133, as revised. In determining the Federal awards expended i its fiscal year, the recipient shall consider all sources of Federal awards. The determination o amounts of Federal awards expended should be in accordance t the guidelines established by O Circular A-133, as revised. audit o the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements o is part. . In connection with the audit requirements addressed i fart I, paragraph 1 ° the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of O Circular A.-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted ° accordance with the provisions of O Circular A-133, as revised, is not required. In the event at the recipient expends less an $5009000 in Federal awards in its fiscal year and elects to have an audit conducted i accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Feder resources (i.e., the cost of such audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CF A) via the inte et at ://12.46.245.173/ef° e da.ht . Grant Agreement No. ARS007, Page I of Item # 13 Attachment number 1 Page 33 of 51 ATTACHMENT D SPECIAL AUDIT REQUIREMENTS PART 11: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(), Florida Statutes. 2. In connection with the audit requirements addressed i graph 1, the recipient shall ensure at the audit complies with the requirements of Section 215.97, Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), 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 i state financial assistance in its fiscal year, au °t conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. I 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 i 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). 5. For information regarding the Florida Catalog of State Financial Assistance (SA), a recipient should access the Florida Single Audit Act website located at t s://a s.fl fs.co f a for assistance. In addition to the above websites, the following websites may be accessed for information: The Florid Legislature's ebsite at ://www .states elco elfin ex.c , the State of Florida's website at http://www.mvflorida.com/1 the htt Department of Financial Services' ebsite at httD://www.fldfs.com/ and the Auditor General's ebsite at htto://www.state.fl.us/audgen. PART III: REPORT SUBMISSION Copies of reporting packages for audits conducted i accordance with O Circular A-133, as revised, and required by Part I of s Attachment shall be submitted, when required by Section.320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient dire ctl to each of the following: A. The Florida Energy and Climate Commission at the following address: Audit Director or Grant Manager Florida Energy and Climate Commission Executive Office of the Governor 600 Sou Calhoun Street, Suite 251 Tallahassee, L 32399-0001 Grant Agreement No. AS007, Page 2 of Item # 13 Attachment number 1 Page 34 of 51 ATTACHMENT D SPECIAL AUDIT REQUIREMENTS The Federal Audit Clearinghouse designated i O Circular -133, as revised (the number of copies required by Sections .320 ()(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, 47132 C. Other Federal agencies and pass-through entities i accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Pursuant to Section .320(f), O Circular A-133, as revised, the recipient shall submit a copy o the reporting package described i Section .20(c), O Circular A-133, as revised, and any management letters issued by the auditor, to the Commission at the following address: Audit Director or Grant Manager Florida Energy and Climate Commission Executive Office of the Governor 600 South Calhoun Street, Suite 251 Tallahassee, F 32399-0001 Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by or o behalf of the recipient irectl to each of the following: A. The .Florida Energy and Climate Commission at the following address: Audit Director or Grant Manager Florida Energy and Climate Commission Executive Office of the Governor 600 Sou Calhoun Street, Suite 251 Tallahassee, FL 32399-0001 The Auditor General's Office at the following address: State of Florida Auditor General 00 401, Claude Pepper Building 11 t West Madison Street Tallahassee, Florida 32399-1450 RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of is Agreement for a period of five years from the date the audit report is issued and shall allow access to c records upon request by the Commission or its designee, Chief Financial Officer or Auditor General. The recipient shall ensure at audit working papers are made available to the Commission or its designee, Chief Financial Officer or Auditor General upon request for a period of three years from the date the audit report is issued, less extended i writing by the Commission. Grant Agreement No. A 5007, Page 3 of4 Item # 13 Attachment number 1 Page 35 of 51 I E? a ?a r= 44 6 z c E d Item # 13 Attachment number 1 Page 36 of 51 ATTACHMENT E FEDERAL REGULATIONS Formal regulations concerning administrative procedures for USDOE grants appear in Title 10 of the Code of Federal Regulations. Grant program administrative regulations appear in Part 600. Other USDOE regulations also impact grant programs. The following list contains regulations and Office of Management and Budget Circulars which may apply to the work performed under this Agreement. 2 CFR, 176 Award Terms for Assistance Agreements that include funds under the American ecove and Reinvestment Act of 2009, Public Law 111-5 2 CFR 901 Non procurement. Debarment and Suspension 10 CF 600 Financial Assistance Rules 10 C 601 New Restrictions on Lobb 10 CFR 607 Government wide requirements for drug-free work place (financial assistance) 10 CFR 1039 Uniform relocation assistance and real property acquisition for federal and federally assisted programs 10 C 1040 Nondiscrimination in Federall silted Programs or Activities 10 CFR 1041 Enforcement of Nondiscrimination o the basis of handicap in programs or activities conducted b USOE 10 CFR 1042 Nondiscrimination on the basis of sex in education programs or activities receiving federal financial assistance Grant Agreement No. 5007, Paget of 1 Item # 13 Attachment number 1 Page 37 of 51 ATTACHMENT FUNDING FEDERAL GRANTEE, S PROVISIONS FLORIDA ENERGY CLIMATE COMMISSION GRANT AGREEMENT O. A 5007 STATE F FLORIDA GRANT ASSISTANCE PURSUANT AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT F ENERGY AWARDS Attachment number 1 Page 38 of 51 ATTACHMENT FEDERAL FUNDING GRANTEE, SUBGRANTEE AND CONTRACTOR PROVISIONS ARPLAUStimulus Grant Agreement No. 5007 Attachment , 12-1-09 Page 2 of Item # 13 Attachment number 1 Page 39 of 51 ATTACHMENT F FEDERAL FUNDING GRANTEE, SU TE A CONTRACTOR PROVISIONS federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. A Stimulus Grant Agreement No. 5007 Attachment F, 12-14-09 Page 3 of 4 Item # 13 Attachment number 1 Page 40 of 51 ATTACHMENT FEDERAL FUNDING GRANTEE, SUBGRANTEE AND CONTRACTOR PROVISIONS 4. Preservation of open and competition and government neutrality towards contractors' labor relations o federally funded construction projects ARRA/Stimulus Grant Agreement No. S007 Attachment F, 12-14-09 Page 4 of 4 Item # 13 Attachment number 1 Page 41 of 51 DEBARMENTS, ATTACHMENT G CERTIFICATION REGARDING SUSPENSION, INELIGIBILITY VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS FLORIDA CLIMATE ENERGY AND COMMISSION GRANT AGREEMENT NO. Ai l STATE GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY REINVESTMENT T UNITED STATES DEPARTMENT OF ENERGY AWARDS 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 certification been convicted of or had a civil judgment rendered against them for commission of fraud or 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 embe7.7lement, 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. ere 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 2Q By ?4__.... •a....s?ient "Cyped Name?Tide s l'ic Q Grant Agreement No. S Q7, Page 1 of Item # 13 Attachment number 1 Page 42 of 51 ATTACHMENT G CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY gg EXCLUSION-LOWER INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, TRANSACTIONS Attachment number 1 Page 43 of 51 ATTACHMENT H Intellectual Property Provisions (N -1403) Nonresearch n Development CLIMATE FLORIDA ENERGY AND COMMISSION GRANT AGREEMENT NO, 7 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT REINVESTMENT AMERICAN RECOVERY AND A UNITED STATES DEPARTMENT ENERGY AWARDS Nonprofit organizations are subject to the intellectual property requirements at 10 CFR 600.136(a), (c) and (). All other organizations are subject to the intellectual property requirements at 1 C 60.13(x) and (c)- 600.136 Intangible property. (a) Recipients may copyright any work that is subject to copyright and was developed, or for which ownership wasp chased, under award. USDOE reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use the work for Federal purposes, and to authorize others to do so. (c) USDOE has the right to: award; and Federal purposes. (1) Obtain, reproduce, publish or otherwise use the data first produced der an (2) Authorize others to receive, reproduce, publish, or otherwise use such data for Grant Agreement No. ARS007, Page 1 o 1 Item # 13 Attachment number 1 Page 44 of 51 ATTACHMENT I DISCLOSURE LOBBYING ACTIVITIES FLORIDA ENERGY AND CLIMATE COMMISSION GRANT AGREEMENT NO. ARS007 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO AMERICAN RECOVERY AND REINVESTMENT ACT UNITED STATES DEPARTMENT OF ENERGY AWARDS Approved by Os 0348-0646 Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) 2. Status of Federal Action: a. bid/offer/application b. initial award c, post-award 3. Report Type: a. initial filing b. material change For Material Change Only: year quarter date of last report 4. Name and Address of Reporting Entity: prime Subawardee Tier ........ .............. if known, Congressional District, ifknown: 6. Federal 8. Federal Action Number, if known: 10. a. Name and Address of Lobbying Entity (if individual. last name, first name. MI): 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known: 7. Federal Program Name/Description: CFDA Number, ifopplieable: 4. Award Amount, iftnoti7n: S b. Individuals Performing Services (including address if di&rent from No. 10a) (last name, first name, Itf1): Signature: Print Name: Title: Telephone No.: Date: Authorized for Local Reproduction Standard Fonn - LLL (Rev 7 - 97) Grant Agreement No. 5007, Page 1 of 2 Item # 13 Attachment number 1 Page 45 of 51 ATTACHMENT I DISCLOSURE OF LOBBYING ACTIVITIES INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by the reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the office of Mona ement and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. Grant Agreement No. ARS007, Page 2 of 2 Item # 13 Attachment number 1 Page 46 of 51 1-4 12 7 H C w Z 'd w O O ,y F Pro q V 0 0 W 't 09 W Q W ~? W Viz'" ® ® 04 a W ®F 01 E. ?7 Z Z Z ?y U Z 4+ z„ W H AL W Q ?i a V d E"' C1 4 W E` Z C7 U a z w qd d C7 H U va , o w d a 4 0 W d 0 LA v LA EU ° c E ? m ?•Cc CvN L di _2n E 3 a L9 W .N ME Os ^ u M s p T ?,raL ae E m L G y ® d M 7 ? 4e ? c _ E am b ? C A 6 C m- O i 9 e a c Eor0 E E c < ® C tl7 ? ? u O i .n cx w iO ro .? CU d flc 3 C 5 6 ? ? Q c ? U c ?uO), w `o2q E CL -7 L E C2 1 [2 C? E 8C a? =C a,?co E ra ) Cv? IV 'D IV u E ?5 CLo c? o , no Z' '1^d aroma `cam g..o ? O E V ?R?yy L C) G F a a OS a uw0 z cn c7 Q rz P J o w cn z 0 w e u c 0 z d c tM C C d C A CM LL 0 g 0 d .E E 0 a 0 c a' U CL C U CL I *4 9 U61 Item # 13 Attachment number 1 Page 47 of 51 ATTACHMENT REPORT ANNUAL FLORIDA ENERGY ATE COMMISSION GRANT AGREEMENT NO. S 7 STATE FLORIDA ASSISTANCE GRANT PURSUANT AMERICAN RECOVERY AND REINVESTMENT C UNITED STATES DEPARTMENT ENERGY AWARD A. Provide summary o project accomplishments ate, (Include comparison actual accomplishments tot the objectives established or the period. If goals were of et, provide reasons why.) Provide ate on the number o jobs created or retie quantify the reduction of sree se sasses and the enerv save in kWh or . Provide ate the estimated time for completion of the project and a explanation fora anticipated delays. Grant Agreement No. AS007, Page i of 5 Item # 13 Attachment number 1 Page 48 of 51 ATTACHMENT K ANNUAL REPORT Provide additional any pertinent including, when appropriate, analysis explanation o cost very or high unit costs. Identify below, attach and s, a relevant o products being submitted for the project for this reporting period (e. g., report to sets, links t on-line photographs, etc.) Provide project Grant a update, comparing the rat Project et to actual costs t date. Grant Grant Grant e Grant Expenditures Expenditures Grant Project Category Project Prior to this this Reporting Funding Budget Reporting Period Balance Period . Salaries 2. Fringe Benefits . Travel (if authorized) 4. Supplies/Other Expenses 5. Equipment Contractual Services 7.Indirect Costs if authorize Total of all rant et Cate ories Grant Agreement No. ARS007, Page 2 cats Item # 13 Attachment number 1 Page 49 of 51 ATTACHMENT K ANNUAL REPORT Provide a project Match et update, comparing the Match Project Budget to actual costs t ate. Match Match Match et Total Expenditures Expenditures Match Project Category Match Prior to this this Reporting Funding Project Reporting Period Balance Budget Period . Salaries . Fringe Benefits 3. Travel (if authorized) . Supplies) ter E erases . Equipment , Contractual Services 7. Indirect Costs if authorized . Total of all match Budget Categories REPORTING ffiriiiisinorl'a i1CJrt Number of New Alternative Fueling Stations Grant Agreement No, AtES007, Page 3 ot5 Item # 13 Attachment number 1 Page 50 of 51 ATTACHMENT ANNUAL Reduction in Fuel Coil Consumption Reduction in Gasoline and Tons Carbon Diesel Emission Consumption eduction (C02 To o Sulfur Dioxide Emission Reduction (C02 To o Nitrogen Oxide Emission eduction ( To of Carbon Monoxide Emission eduction (C02 Equivalent) 1. SUBCONTRACTOR LIST The Grantee a subcontract or under this rant Agreement without the prior approval oft the Grant Manager, o the condition that each Annual Report must contain a current list of subcontractors, as required i Section 1 of the rant Agreement. Grant. Agreement No, ARS007, Page 4 of 5 Item # 13 rse state one' below yes€ir [7C t.:`?mr? ?rEi 't'M31 A,mmint IlescrsP'tion. F}t 1 'aYr'1' 41 ubt (1111Ya?Ltil?r`1a5@7?LtBf9[ra?Lt ? Perfols1ak?d , Attachment number 1 Page 51 of 51 ATTACHMENT K ANNUAL REPORT J. MINORITY[WOMAN/SERVICE-DISABLED VETERAN-OWNED BUSINESS LIST The ranee is encourage to uses all businesses, including minority, woman and service-disabled veteran-owned businesses as subcontractors under is Grant Agreement. As required in Section 18.C o the Grant Agreement, the Grantee is require to report information concerning their use of such businesses 1 each Annual Report. *If grantee does not have arty subcontracts with rni ority!ivornan/service-disabled i,eteran-owned businesses, please state ` ore' elo ?'? ?4?irotFr?! ,. 11niri CAF 1t,inr M Dv crypiifjn of of n, !3n?t rif f: ??r?rta g crFerorAln pro idit9 Ex 9 ??r ecK tl?ti??is?W ?A?t_ilnl ?5 Address This report is submitted in accordance with the reporting requirements of (want Agreement No. A 7 and accurately reflects the activities and costs associated with the subject project. Signature o Grantee's Representative ate Grant Agreement No. AR 007, Page oF5 Item # 13 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 12/16/20 10 Award a contract to Wise Gas, Inc. in the amount of $1,645,763 to construct a compressed natural gas refueling station; approve the transfer of funds in the amount of $1,450,000 from project 315-96386 to 315-96387; approve the associated transfer of land from the Airpark enterprise fund to the Gas System enterprise fund for the estimated current market value of $104,548.80; and authorize the appropriate officials to execute same. (consent) SUMMARY: Clearwater Gas System (CGS) has partnered with the General Services/Solid Waste department to transition a portion of the City fleet from gasoline/diesel to compressed natural gas (CNG). In order to accomplish this, the City must first construct a CNG fueling station that has adequate capacity to refuel our vehicles in the same timeframe as gasoline/diesel fueling. The first classes of vehicles proposed to utilize CNG are the Solid Waste refuse trucks. Initially 2-3 refuse trucks will be converted to CNG, then all new replacement trucks will be purchased as dedicated CNG vehicles. Each refuse truck will save approximately $12,000 per year, based on an average diesel price of $3 per gallon and natural gas at $1.36 per therm ($1.88 per diesel gallon equivalent); a savings of over $1 per diesel gallon. The payback on each truck is approximately four (4) years on converted engines and less than one year on new dedicated CNG trucks. Additional utility vehicles will be considered by General Services for conversion/purchase, based on payback. The CNG fueling station will be located on Hercules Avenue, next to our existing natural gas gate station and in front of the Clearwater Airpark facility. The CNG station will have two islands with two dispensers per island. Each dispenser will come with two refueling hoses; therefore, a total of eight vehicles can refuel at the same time. Wise Gas, Inc. was selected to construct the station based on their Request for Proposal (RFP 27-10) submittal. Estimated costs are: CNG equipment: $933,111 Construction: $563,037 Subtotal: $1,496,148 10% contingency: $149,615 Total Wise Gas: $1,645,763 Cardno TBE: $99,900 (environmental/site design) Clearwater Airpark: $104,549 (land transfer) Total $1,850,212 CGS has been awarded a State 50% matching grant fund, up to $450,000, for the purchase of CNG equipment. The State will issue these funds to the City after the equipment is purchased. The first quarter budget amendments will recognize this grant funding in project 315-96387. CGS estimates the payback of the station at seven years, which is based on the eventual fueling of 45 refuse trucks and 30 utility trucks/sedans. Payback will be enhanced if additional fleets outside the City of Clearwater decide to convert and start using our station, which is anticipated. Project code 315-96387 currently is funded at $200,000. After the first quarter transfer of $1.45 million from project code 315- 96386 and after the grant reimbursement of up to $450,000, there will be approximately $250,000 remaining in th8jro?ct for a security system, signage and other contingency items outside the agreement with Wise Gas as well as for future er emo conversions/purchases of Gas System vehicles to operate on natural gas fuel. Project code 315-96386 will have J8K#n,Jt4ly $728,000 remaining, which is sufficient funding for the remaining marketing programs. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment: No Budget Adjustment Comments: Transfer $1,450,000 from project code 315-96386 to 315-96387 Current Year Cost: 1,900,000 Annual Operating Cost: 1,900,000 Not to Exceed: 1,900,000 Total Cost: 1,900,000 For Fiscal Year: 10/1/2010 to 9/30/2011 Appropriation Code 315-96387 Amount Appropriation Comment 1,900,000 Bid Required?: Yes Bid Number: Other Bid / Contract: RFP 27-10 Bid Exceptions: None Review 1) Office of Management and Budget 2) Legal 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Approval: Manager 7) City Manager 8) Clerk Cover Memo Item # 14 Attachment number 1 Page 1 of 6 BOND NUMBER: CONTRACT BOND STATE OF FLORIDA COUNTY OF PINELLAS KNOW ALL MEN BY THESE PRESENTS: That we WISE GAS, INC. Contractor and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Surety) whose home address is ONE TOWER SQUARE, HARTFORD, CONNECTICUT 06183-9079 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 SIX HUNDRED FOURTY-FIVE THOUSAND SEVEN HUNDRED SIXTY-THREE DOLLARS AND NO CENTS ($1,645,763.00) 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 20 entered into between the Contractor and the City of Clearwater for: DESIGN & CONSTRUCTION OF A COMPRESSED NATURAL GAS FILLING STATION (RFP 27-10) a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. Page I Item # 14 Attachment number 1 Page 2 of 6 CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this day of 20 WISE GAS, INC. CONTRACTOR By: ATTEST: WITNESS: COUNTERSIGNED: SURETY ATTORNEY-IN-FACT By: Page 2 Item # 14 Attachment number 1 Page 3 of 6 CONTRACT This CONTRACT made and entered into this day of , 20 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and WISE GAS INC. of the City of WESTON, County of BROWARD 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: DESIGN & CONSTRUCTION OF A COMPRESSED NATURAL GAS FILLING STATION (RFP 27-10) FOR THE SUM OF: ONE MILLION SIX HUNDRED FOURTY-FIVE THOUSAND SEVEN HUNDRED SIXTY-THREE DOLLARS AND NO CENTS ($1,645,763.00) 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. Page 3 Item # 14 Attachment number 1 Page 4 of 6 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. Page 4 Item # 14 Attachment number 1 Page 5 of 6 CONTRACT (3) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: William B. Horne, H City Manager Attest: Countersigned Seal) Rosemarie Call City Clerk By: Approved as to form Frank Hibbard, Mayor-Councilmember Camilo Soto Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (Contractor) By: (SEAL) (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). Page 5 Item # 14 Attachment number 1 Page 6 of 6 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF COUNTY OF On this day personally appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, who after being duly sworn, deposes and says: That he is the (TITLE) of WISE GAS, INC. a Florida Corporation, with its principal place of business located at 1473 SUNSET WAY, WESTON, FLORIDA (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day of 20, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of DESIGN & CONSTRUCTION OF A COMPRESSED NATURAL GAS FILLING STATION (RFP 27-10) 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 WISE GAS, INC. AFFIANT This day of , 20 NOTARY PUBLIC My Commission Expires: BY: PRESIDENT Page 6 Item # 14 Attachment number 2 Page 1 of 50 SECTION III GENERAL CONDITIONS Table of Contents: SECTION III .................................................................................................................................. i GENERAL CONDITIONS ....................................................................................................... .. i Table of Contents: .......................................................................................................................... i 1 DEFINITIONS .................................................................................................................. 1 2 PRELIMINARY MATTERS ........................................................................................... 5 2.1 DELIVERY OF BONDS AND CERTIFICATES OF INSURANCE ........................... . 5 2.2 COPIES OF DOCUMENTS ........................................................................................... . 5 2.3 COMMENCEMENT OF CONTRACT TIME/NOTICE TO PROCEED; STARTING THE PROJECT ............................................................................................................... . 5 2.4 BEFORE STARTING CONSTRUCTION .................................................................... . 5 2.5 PRECONSTRUCTION CONFERENCE ....................................................................... . 6 2.6 PROGRESS MEETINGS ............................................................................................... . 6 3 CONTRACT DOCUMENTS, INTENT ......................................................................... 7 3.1 INTENT .......................................................................................................................... . 7 3.2 REPORTING AND RESOLVING DISCREPANCIES ................................................. . 7 4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS .................................................................................................... 8 4.1 AVAILABILITY OF LANDS ........................................................................................ . 8 4.2 INVESTIGATIONS AND REPORTS ........................................................................... . 8 4.3 PHYSICAL CONDITIONS, UNDERGROUND FACILITIES .................................... . 8 4.4 REFERENCE POINTS ................................................................................................... . 9 5 BONDS AND INSURANCE ............................................................................................ 9 5.1 PERFORMANCE AND PAYMENT BOND/CONTRACT BOND .............................. . 9 5.2 INSURANCE .................................................................................................................. . 9 5. 2.1 WORKER'S COMPENSATION INSURANCE ......................................................... 10 5. 2.2 PUBLIC LIABILITY AND PROPERTY DAMAGE C(AVERAGE ............................ 10 5. 2.3 COMPREHENSIVE A UTOMOBILE LIABILITY .................................................... 11 5. 2.4 INLAND MARINE BUILDERS RISK ...................................................................... 12 5. 2.5 PROFESSIONAL LIABILITY/MALPRACTICE/ERRORS OR OMISSIONS INSURANCE ............................................................................................................ 12 5.3 WAIVER OF RIGHTS .................................................................................................. 12 6 CONTRACTORS RESPONSIBILITIES ..................................................................... 13 6.1 SUPERVISION AND SUPERINTENDENCE ............................................................. 13 6.2 LABOR, MATERIALS AND EQUIPMENT ............................................................... 14 6.3 SUBSTITUTES AND "OR EQUAL" ITEMS .............................................................. 14 6.4 RESPONSIBILITY FOR SUBCONTRACTORS, SUPPLIERS AND OTHERS........ 15 6.5 USE OF PREMISES ...................................................................................................... 15 PDFCon vertPROD.13658.1.SectionIII_REV2.doc i IGM201 ? 4 Attachment number 2 Page 2 of 50 65.1 STAGING AREAS .................................................................................................... 16 6. 5.2 RESTORATION TIME LIMITS ................................................................................ 16 6.6 LICENSE AND PATENT FEES, ROYALTIES AND TAXES ................................... 16 6.7 LAWS AND REGULATIONS ...................................................................................... 17 6.8 PERMITS ....................................................................................................................... 17 6.9 SAFETY AND PROTECTION ..................................................................................... 17 6.10 EMERGENCIES ............................................................................................................ 18 6.11 DRAWINGS .................................................................................................................. 19 6 11.1 SHOP DRAWINGS, SAMPLES, RFIs, and SUBMITTAL REVIEW ........................ 19 6 11.2 AS-BUILT DRAWINGS ............................................................................................ 20 6 11.3 CAD STANDARDS ................................................................................................... 22 6 11.4 DELIVERABLES :.................................................................................................... 23 6.12 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE ........................... 24 6.13 CONTINUING THE WORK ........................................................................................ 24 6.14 INDEMNIFICATION .................................................................................................... 24 7 OTHER WORK .............................................................................................................. 25 7.1 RELATED WORK AT SITE ........................................................................................ 25 7.2 COORDINATION ......................................................................................................... 25 8 OWNERS RESPONSIBILITY ...................................................................................... 25 9 OWNER REPRESENTATIVE'S STATUS DURING CONSTRUCTION .............. 26 9.1 OWNERS REPRESENTATIVE ................................................................................... 26 9.2 CLARIFICATIONS AND INTERPRETATIONS ........................................................ 26 9.3 REJECTING OF DEFECTIVE WORK ........................................................................ 26 9.4 SHOP DRAWINGS, CHANGE ORDERS, AND PAYMENTS .................................. 27 9.5 DECISIONS ON DISPUTES ........................................................................................ 27 9.6 LIMITATIONS ON OWNER REPRESENTATIVE'S RESPONSIBILITIES ............. 28 10 CHANGES IN THE WORK .......................................................................................... 28 11 CHANGES IN THE CONTRACT PRICE ................................................................... 29 11.1 CHANGES IN THE CONTRACT PRICE .................................................................... 29 11.2 ALLOWANCES AND FINAL CONTRACT PRICE ADJUSTMENT ....................... 30 11.3 PERCENTAGE WORK ................................................................................................ 31 12 CHANGES IN THE CONTRACT TIME .................................................................... 31 13 TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ............................................................................................... 32 13.1 TESTS AND INSPECTION .......................................................................................... 32 13.2 UNCOVERING THE WORK ....................................................................................... 32 13.3 OWNER'S REPRESENTATIVE MAY STOP THE WORK ....................................... 33 13.4 CORRECTION OR REMOVAL OF DEFECTIVE WORK ........................................ 33 13.5 WARRANTY/CORRECTION PERIOD ...................................................................... 33 13.6 ACCEPTANCE OF DEFECTIVE WORK ................................................................... 34 13.7 OWNER MAY CORRECT DEFECTIVE WORK ....................................................... 34 14 PAYMENTS TO CONTRACTOR AND COMPLETION ......................................... 35 14.1 APPLICATION FOR PROGRESS PAYMENT ........................................................... 35 PDFConvertPROD.13658.1.SectionIII_REV2.doc ii IGM2W?4 Attachment number 2 Page 3 of 50 14.2 CONTRACTOR'S WARRANTY OF TITLE ............................................................... 36 14.3 REVIEW OF APPLICATIONS FOR PROGRESS PAYMENTS ................................ 36 14.4 PARTIAL UTILIZATION ............................................................................................ 37 14.5 FINAL INSPECTION ................................................................................................... 37 14.6 FINAL APPLICATION FOR PAYMENT ................................................................... 38 14.7 FINAL PAYMENT AND ACCEPTANCE ................................................................... 38 14.8 WAIVER OF CLAIMS ................................................................................................. 39 15 SUSPENSION OF WORK AND TERMINATION .................................................... 39 15.1 OWNER MAY SUSPEND THE WORK ...................................................................... 39 15.2 OWNER MAY TERMINATE ...................................................................................... 39 15.3 CONTRACTOR MAY STOP WORK OR TERMINATE ........................................... 40 16 DISPUTE RESOLUTION .............................................................................................. 41 17 MISCELLANEOUS ....................................................................................................... 41 17.1 SUBMITTAL AND DOCUMENT FORMS ................................................................. 41 17.2 GIVING NOTICE .......................................................................................................... 41 17.3 NOTICE OF CLAIM ..................................................................................................... 41 17.4 PROFESSIONAL FEES AND COURT COSTS INCLUDED ..................................... 41 17.5 ASSIGNMENT OF CONTRACT ................................................................................. 42 17.6 RENEWAL OPTION .................................................................................................... 42 18 ORDER AND LOCATION OF THE WORK .............................................................. 42 19 MATERIAL USED ......................................................................................................... 42 20 CONFLICT BETWEEN PLANS AND SPECIFICATIONS ..................................... 42 21 OWNER DIRECT PURCHASE (ODP) OPTION ....................................................... 42 22 RESIDENT NOTIFICATION OF START OF CONSTRUCTION .......................... 43 22.1 GENERAL ..................................................................................................................... 43 22.2 EXAMPLE ..................................................................................................................... 43 23 PROJECT INFORMATION SIGNS ............................................................................ 44 23.1 SCOPE AND PURPOSE ............................................................................................... 44 23.2 TYPE OF PROJECT SIGN, FIXED OR PORTABLE ................................................. 44 23.3 FIXED SIGN ................................................................................................................. 44 23.4 PORTABLE SIGNS ...................................................................................................... 44 23.5 SIGN COLORING ......................................................................................................... 45 23.6 SIGN PLACEMENT ..................................................................................................... 45 23.7 SIGN MAINTENANCE ................................................................................................ 45 23.8 TYPICAL PROJECT SIGN .......................................................................................... 45 24 AWARD OF CONTRACT, WORK SCHEDULE AND GUARANTEE .................. 46 PDFConvertPROD.13658.1.SectionIII_REV2.doc iii IGM2W?4 Attachment number 2 Page 4 of 50 Section III - General Conditions 1 DEFINITIONS Addenda Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the contract documents. Agent Architect, engineer or other outside agency, consultant or person acting on behalf of the City. Agreement The written contract between Owner and Contractor covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment The form accepted by Engineer which is to be used by Contractor in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. Approve The word approve is defined to mean satisfactory review of the material, equipment or methods for general compliance with the design concepts and with the information given in the Contract Documents. It does not imply a responsibility on the part of the Engineer to verify in every detail conformance with the Drawings and Specifications. Bid The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the work to be performed. Bidding Documents The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contact Documents (including all Addenda issued prior to receipt of Bids). Bonds Performance and payment bonds and other instruments of security. Change Order A written order to Contractor signed by Owner and Contractor authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued on or after the effective date of the Agreement. City The City of Clearwater, Pinellas County, Florida. Construction Inspector A person who is the authorized representative of the Construction Manager and inspects City construction projects in order to insure the Contractor's work complies with the intent of the Contract Documents. Construction Manager The person who is typically in responsible charge of City construction projects. The Construction Manager assumes responsibility for the management of construction contracts at the Preconstruction Conference. The Construction Manager chairs the Preconstruction Conference and is the authority on any disputes or decisions regarding PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 1 of 47 1GM2W?4 Attachment number 2 Page 5 of 50 Section III - General Conditions contract administration and performance. The Construction Manager typically acts as the Owner's Representative during construction. Contract Documents The Agreement, Addenda (which pertain to the Contract Documents), Contractor's Bid (including documentation accompanying the bid and any post-Bid documentation submitted prior to the execution of the Agreement) when attached as an exhibit to the Agreement, the Bonds, Instructions to Bidders, these General Conditions, any Supplementary Conditions, the Specifications and the Drawings, any other exhibits identified in the Agreement, together with all Modifications issued after the execution of the Agreement. Contract Price The Contract price constitutes the total compensation (subject to authorized adjustments) payable by Owner to Contractor for performing the Work. Contract Time The number of days or the date stated in the Agreement for the completion of the Work. Contractor The Person with whom the Owner has entered into the Agreement. For the purposes of this contract, the person, firm or corporation with whom this contract or agreement has been made by the City of Clearwater or its duly authorized representative. Critical Path Method Construction Schedule CPM A graphic format construction schedule that displays construction activities as they relate to one another for the purpose of identifying the most efficient way to perform the work in a timely manner. The critical path identifies which activity is critical to the execution of the schedule. Day A calendar day of twenty-four (24) hours measured from midnight to the next midnight. Defective An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to Engineers recommendation of final payment. Drawings The drawings, which will be identified in Technical Specifications or the Agreement, which show the character and scope of the Work to be performed and which have been prepared or approved by Engineer and are referred to in the contract documents. Shop drawings are not Drawings as so defined. Engineer The duly appointed representative of the City Manager of the City of Clearwater. For the purposes of this contract, the City Engineer of the City of Clearwater, Pinellas County, Florida, or his authorized representative. For certain projects, the Engineer may serve as the Owner's Representative during construction. Engineer's Consultant A Person having a contract with Engineer to furnish services as Engineer's independent PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 2of47 1GM2W?4 Attachment number 2 Page 6 of 50 Section III - General Conditions professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. ED. 0. T Specifications The Standard Specifications for Road and Bridge Construction as issued by the Florida Department of Transportation (latest English edition). Furnish The words "furnish", "furnish and install", "install", and "provide" or words of similar meaning shall be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and ready for service". Inspection The term "inspection" and the act of inspecting means examination of construction to ensure that it conforms to the design concept expressed in the Drawings and Specifications. These terms shall not be construed to mean supervision, superintending or overseeing. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes and orders of any kind of governmental bodies, agencies, authorities and courts having jurisdiction. Liens Liens, charges, security interests or encumbrances upon real property or personal property. Milestone A principal event specified in the contract Documents relating to an intermediate completion date or time prior to the final completion date. Notice to Proceed (NIP) A written notice given by the Owner to the Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform his obligations under the Contract Documents. Owner The City of Clearwater, Florida. For the purposes of this contract, the person who is the City's authorized representative from the City's Department with whom will be responsible for the maintenance and operation of the Work once the Work is completed. For certain projects, a designee of the Owner may serve as the Owner's Representative during construction. Owner's Representative Designee of the Owner with authority to act on behalf of the Owner during construction. Person A natural person, or a corporation, partnership, firm, organization, or other artificial entity. Project The total construction of which the Work to be provided under the Contract Documents may be the whole or a part as indicated elsewhere in the Contract Documents. PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 3of47 1GM2W?4 Attachment number 2 Page 7 of 50 Section III - General Conditions Partial Utilization Use by Owner of a substantially completed part of the Work for the purpose for which is intended (or a related purpose) prior to Final Completion of all the Work. Representative of Contractor The Contractor shall assign a responsible person or persons, one of whom shall be at the construction site at all times that work is progressing. The names and positions of these persons shall be submitted to the City Engineer at the time of the pre-construction conference. This person or persons shall not be changed without written approval of City Engineer. Request for Information (RFI) An official written request for clarification of the intent of the contract documents from the Contractor to the Engineer. Shop Drawing All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for Contractor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a supplier and submitted by Contractor to illustrate material or equipment for some portion of the Work. Specifications Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor A person having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the site. Substantial Completion The Work (or a specified part thereof) which has progressed to the point where, in the opinion of Engineer, as evidenced by Engineer's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by the Engineer's recommendation of final payment. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. Supplementary Conditions The part of the Contract which amends or supplements these General Conditions. Supplier A manufacturer, fabricator, supplier, distributor, material man or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by the Contractor. Surety Any person, firm or corporation which is bound with Contractor and which engages to be responsible for Contractor and his acceptable performance of the Work by a Bid, Performance or Payment Bond. PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 4of47 1GM2W?4 Attachment number 2 Page 8 of 50 Section III - General Conditions Underground Facilities All pipelines, conduits, ducts, cables, wires manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal or treatment, traffic or other control systems or water. Unit Price Work Work to be paid for on the basis of unit prices. Work The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing labor and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. Work Change Directive A written directive to Contractor, issued on or after the Effective Date of the Agreement and signed by the Engineer, ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed or emergencies. Work Change Directive will not change the Contract Price or Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 2 PRELIMINARY MATTERS 2.1 DELIVERY OF BONDS AND CERTIFICATES OF INSURANCE When Contractor delivers the executed Agreements to the Owner, Contractor shall also deliver to the Owner such Bonds and Certificates of Insurance as Contractor may be required to furnish by this contract. 2.2 COPIES OF DOCUMENTS Engineer shall furnish to Contractor two (2) copies of Contract Documents for execution. Additional copies will be furnished, upon request, at the cost of reproduction. 2.3 COMMENCEMENT OF CONTRACT TIME/NOTICE TO PROCEED; STARTING THE PROJECT The Contract Time will commence on the day indicated in the Notice to Proceed. Contractor shall start to perform the work on the date the Contract Time commences to run. No work shall be done at the site prior to the date that the Contract Time commences to run. 2.4 BEFORE STARTING CONSTRUCTION Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 5 of 47 1GM2W?4 Attachment number 2 Page 9 of 50 Section III - General Conditions field measurements. Contractor shall promptly report in writing to Engineer any conflict, error or discrepancy which Contractor may discover; and shall obtain a written interpretation or clarification from Engineer before proceeding with any work effected thereby; however, Contractor shall not be liable to the Owner for failure to report any conflict, error or discrepancy in the Drawings or Specifications, unless Contractor had actual knowledge thereof or should reasonably have known thereof. No verbal agreement or conversation with any officer, Agent or employee of the Owner or Engineer's Consultant, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. Contractor shall not commence any work at any time without approved insurance required by these General Conditions. Failure to obtain this insurance will be the sole responsibility of the Contractor. 2.5 PRECONSTRUCTION CONFERENCE Within twenty (20) days of Award of Contract and before the start of the Work, the Owner's Representative shall schedule a preconstruction conference to be attended by Contractor, Engineer, Owner and others as appropriate to establish a working understanding among the parties as to the Work and to discuss the schedule of the Work and general Contract procedures. Typically, oversight of the project officially passes from the Engineering Department to the Construction Department at the preconstruction conference. In these cases, the preconstruction conference is run by the Construction Department and chaired by the City's Construction Manager. The Contractor shall deliver to the Owner's Representative at the Preconstruction Conference a color Critical Path Method (CPM) Construction Schedule. This is to be a sequence of events including submittal review and procurement. Notice to Proceed is usually established at this conference and such date can be inserted into the schedule at that time. The Contractor shall also bring a Submittal Schedule for review by the Engineer. This is to make sure that the list is complete and this schedule shall be the basis of a Submittal Log. The Contractor shall deliver to the Owner's Representative at the preconstruction conference a completed Emergency Call List and a completed Authorized Signature List. The Owner's Representative shall deliver to the Contractor at the preconstruction conference a project disk that has all of the necessary data and survey control points for the purpose of construction stakeout and as-built survey. The Owner's Representative shall deliver to the Contractor at the preconstruction conference a Contractor evaluation package. This is for the purpose of rating the Contractor's performance for reference when considering future contracts and bid prequalification. 2.6 PROGRESS MEETINGS The Contractor is required to attend Progress Meetings. These meetings will be scheduled on a weekly, bi-weekly, or monthly basis depending on the needs of the project. The Contractor shall bring to each meeting an updated submittal log, an updated request for information (RFI) log, a look-ahead schedule to cover the project activity from the current meeting to the next meeting, and all material test reports generated in the same time period. PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 6of47 1GM2W?4 Attachment number 2 Page 10 of 50 Section III - General Conditions 3 CONTRACT DOCUMENTS, INTENT 3.1 INTENT The Contract Documents comprise the entire Agreement between Owner and the Contractor concerning the Work. They may be altered only by written agreement. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment which may reasonably be inferred from the Contract Documents or from prevailing custom or from trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases, which have a well- known technical or construction industry or trade meaning, are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued by the Owner's Representative. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the code, Laws or Regulation of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual or code, or Laws or Regulations in effect at the time of opening of Bids except as may be otherwise specifically stated in the Contract Documents. However, no provision of any referenced standard specification, manual or code, whether or not specially incorporated by reference in the responsibilities of Owner or Contractor as set forth in the Contract Documents, shall change the duties and responsibilities of Owner, Contractor, Engineer or Owner's Representative, or any of their Agents or employees from those set forth in the Contract Documents. Clarifications and interpretations of the Contract shall be issued by the Owner's Representative. Each and every provision of law and clause required by law to be inserted in these Contract documents shall be deemed to be inserted herein, and they shall be read and enforced as through it were included herein, and if through mistake or otherwise, any such provision is not inserted, or if not correctly inserted, then upon the application of either party, the Contract Documents shall forthwith be physically amended to make such insertion. 3.2 REPORTING AND RESOLVING DISCREPANCIES If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier, Contractor shall report it to the Owner's Representative in writing at once, and Contractor shall not proceed with the Work affected thereby (except in an emergency) until an amendment or supplement to Contract Documents has been issued by one of the methods provided in these General Specifications, provided however, that Contractor shall not be liable to Owner, or Owner's Representative for failure to report any such conflict, error, ambiguity or discrepancy unless Contractor knew or reasonably should have known thereof. PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 7 of 47 1 GM201 ? 4 Attachment number 2 Page 11 of 50 Section III - General Conditions 4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 AVAILABILITY OF LANDS The Owner shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be Performed, rights-of-way, easements for access thereto, and such other lands which are designated for the use of contractor. The Owner shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which contractor will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the Owner, unless otherwise provided in the Contract Documents. 4.2 INVESTIGATIONS AND REPORTS Reference is made to the Supplementary Conditions and Technical Specifications for identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which have been relied upon by Engineer in preparation of the Drawings and Specifications. Such reports are not guaranteed as to accuracy or completeness and are not part of the Contract Documents. Contractor shall promptly notify the Owner's Representative in writing of any subsurface or latent physical conditions at the site, or in an existing structure, differing materially from those indicated or referred to in the Contract Documents. Engineer will promptly review those conditions and advise if further investigation or tests are necessary. Owner or Engineer shall obtain the necessary additional investigations and tests and furnish copies to the Engineer and Contractor. If Engineer finds that the results of such investigations or tests indicate that there are subsurface or latent physical conditions, which differ materially from those, indicated in the contract Documents, and which could not reasonably have been anticipated by Contractor, a work change or Change Order will be issued incorporating the necessary revisions. 4.3 PHYSICAL CONDITIONS, UNDERGROUND FACILITIES The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities or by others. Unless otherwise expressly provided in the Contract Documents, Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and the cost of all the following will be included in the Contract Price and contractor shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. The Contractor is required to call the LOCAL PUBLIC UTILITY NOTIFICATION CENTER prior to any excavation per State regulations and to notify any utility owners who are not a member of the LOCAL PUBLIC UTILITY NOTIFICATION CENTER prior to any excavation. The LOCAL PUBLIC UTILITY NOTIFICATION CENTER is an agency for the protection and location of utilities prior to any excavation and contact number is available in local telephone directory. PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 8 of 47 1 GM201 ? 4 Attachment number 2 Page 12 of 50 Section III - General Conditions 4.4 REFERENCE POINTS Engineer shall provide engineering surveys to establish reference points for construction, which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of the Owner and Engineer. Contractor shall report to Engineer whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by a surveyor licensed in the State of Florida. The Contractor is referred to the Technical Specifications for more specific information regarding the provision of construction surveys. If a City survey crew is assigned to the project and there is excessive stake replacement caused by negligence of Contractor's forces after initial line and grade have been set, as determined by the Engineer, the Contractor will be charged at the rate of $100.00 per hour. Time shall be computed for actual time on the project. All time shall be computed in one-hour increments with a minimum charge of one hour. 5 BONDS AND INSURANCE 5.1 PERFORMANCE AND PAYMENT BOND/CONTRACT BOND Contractor shall furnish a Performance and Payment Bond in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents. This bond shall remain in effect at least one year after the date when final payment becomes due, unless a longer period of time is prescribed by laws and regulations or by the Contract Documents. Contractor shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of such agents' authority to act. All bonds shall be deemed to contain all of the Conditions of Section 255.05, Florida Statutes, even if such language is not directly contained within the bond and the Surety shall be licensed and qualified to do business in the State of Florida. Owner reserves the right to reject any surety. If the Surety on any Bond furnished by the Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of these Contract Documents, the Contractor shall within five days after notice thereof substitute another Bond and surety, both of which must be acceptable to Owner. 5.2 INSURANCE Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance and furnishing of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed or furnished by Contractor, and Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable for the following: (i) Claims under worker's compensation, disability benefits and other similar employee benefit acts; (ii) Claims for damages because of bodily PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 9 of 47 1 GM201 ? 4 Attachment number 2 Page 13 of 50 Section III - General Conditions injury, occupational sickness or disease, or death of Contractor's employees; (iii) Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; (iv) Claims for damages insured by customary personal injury liability coverage which are sustained by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or by any other person for any other reason; (v) Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and (vi) Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The Contractor shall deliver to the Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by the Owner or any other additional insured) which Contractor is required to purchase and maintain in accordance with this paragraph. The policies of insurance so required by this paragraph to be purchased and maintained shall: (i) include as additional insured (subject to any customary exclusion in respect of professional liability) Owner of Clearwater and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insured, and include coverage for the respective officers and employees of all such additional insures; (ii) include completed operations insurance; (iii) include contractual liability insurance covering Contractor's indemnity obligations in Article for Contractor's Responsibilities; (iv) contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to the Owner, and Contractor and to each other additional insured identified in the Supplemental Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor as described in this paragraph); (v) remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing or replacing defective Work in accordance with Article for Correction of Defective Work; (vi) with respect to completed operations insurance, and any insurance coverage written on a claims-made basis, shall remain in effect for at least two years after final payment. Contractor shall furnish the Owner and each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued evidence satisfactory to the Owner and any such additional insured, of continuation of such insurance at final payment and one year thereafter and (vii) Name and telephone number of the authorized insurance agent for the Insurer. The limits of liability for the insurance required shall provide coverage for not less than the following amounts or greater where required by laws and regulations: 5.2.1 WORKER'S COMPENSATION INSURANCE Contract Award Amount Under $1,000,000. Contract Award Amount $1,000,000. and Over (1) Workers' Compensation Statutory Statutory (2) Employer's Liability $500,000. $1,000,000. 5.2.2 PUBLIC LIABILITY AND PROPERTY DAMAGE COVERAGE Comprehensive General Liability including Premise/Operations; Explosion, Collapse and Underground Property Damage; Products/Completed Operations, Broad Form Contractual, Independent Contractors; Broad Form Property Damage; and Personal Injury liabilities: PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 10 of 47 1 GM201 ? 4 Attachment number 2 Page 14 of 50 Section III - General Conditions Contract Award Amount Contract Award Amount Under $1,000,000. $1,000,000. and Over (1) Bodily Injury: $500,000. Each $1,000,000. Each Occurrence Occurrence $1,000,000. Annual $1,000,000. Annual Aggregate Aggregate (2) Property Damage: $500,000. Each $1,000,000. Each Occurrence Occurrence $1,000,000. Annual $1,000,000. Annual Aggregate Aggregate (3) Personal Injury, with $1,000,000. Annual $1,000,000. Annual employment exclusion deleted Aggregate Aggregate 5.2.3 COMPREHENSIVE AUTOMOBILE LIABILITY including all owned (private and others), hired and non-owned vehicles: Contract Award Amount Under $1,000,000. Contract Award Amount $1,000,000. and Over (1) Bodily Injury $500,000. Each Person $1,000,000. Each Person $500,000. Each Accident $1,000,000. Each Accident (2) Property Damage $500,000. Each $1,000,000. Each Occurrence Occurrence Receipt and acceptance by Owner of the Contractor's Certificate of Insurance, or other similar document does not constitute acceptance or approval of amounts or types of coverages, which may be less than required by these Contract Documents. The Owner shall not be responsible for purchasing and maintaining any property insurance to protect the interests of Contractor, Subcontractors or others in the Work. Owner may at its option require a copy of the Contractor's Insurance Policy(s). All insurance policies required within this Contract Document shall provide full coverage from the first dollar of exposure unless otherwise stipulated. No deductibles will be accepted without prior approval from Owner. Lon2shore and Harbor Worker's Compensation Act: Section 32 of the Act, 33 U.S.C. 932, requires an employer, with employees in maritime employment, to secure the payment of benefits under the Act either by insuring with an insurance carrier authorized by the U. S. Department of Labor, or to be authorized by the U. S. Department of Labor as a self-insurer. For General Contractors: Section 4(a) of the Act provides that every employer shall be liable for and shall secure the payment to his employees of the compensation payable under Sections 7, 8, and 9 of the Act. In the case of an employer who is a subcontractor, only if such subcontractor fails to secure the payment of compensation shall the contractor be liable for and be required to secure the payment of compensation. PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 11 of 47 1 GM201 ? 4 Attachment number 2 Page 15 of 50 Section III - General Conditions 5.2.4 INLAND MARINE BUILDERS RISK The contractor, prior to notice to proceed or commencement of work, whichever occurs first, agrees to maintain an Inland Marine Builder's Risk insurance coverage form with an amended policy period of no less than 10 months, if available, providing coverage to protect the interests of the City, Contractor, subcontractors, including property acquired under a sales tax incentive program, property in transit, and property on or off premises, which shall become part of the work. Coverage shall be written on an All-Risk, Replacement Cost and Completed Value Form basis in an amount at least equal to 100 percent of the projected completed value of the Work, as well as subsequent modifications of that sum due to Change Orders. If available coverage for underground property should be available as well. This policy shall also include Delay Cost coverage for soft costs, which shall at a minimum include additional expenses for interest, legal, consulting, insurance, architectural and engineering, contractor's overhead and general Conditions, and equipment rental. The limit of the delay cost coverage shall not be less than 10 percent of the projected completed value of the work and shall be a scheduled limit on the policy in addition to a scheduled limit for the hard cost coverage. Collectively the scheduled soft cost limit and hard cost limit may equal 100% of the projected value of the work unless the builder's risk carrier requires the delay cost coverage to be in addition to the 100% projected value of the work. Contractor agrees to be responsible for reporting increases in the projected completed value of the work due to Change Orders to its insurance carrier. The contractor further agrees that any wind percentage deductible (when applicable) shall not exceed 10 percent; and any flood sublimit shall not be less than 25 percent of the projected completed value of the work for this policy. 5.2.5 PROFESSIONAL LIABILITY/MALPRACTICE/ERRORS OR OMISSIONS INSURANCE As appropriate for the type of business engaged in by the Contractor, shall be purchased and maintained by the Vendor with minimum limits of $1,000,000. For policies written on a "Claims Made" basis, Contractor agrees to maintain a Retroactive Date prior to or equal to the effective date of the Contract. In the event the policy is cancelled, non-renewed, switched to an Occurrence Form, retroactive date advanced, or any other event triggering the right to purchase a supplemental extended Reporting Period (SERP), such coverage shall be extended for two years. 5.3 WAIVER OF RIGHTS The Owner and Contractor intend that all policies purchased in accordance with Article on Insurance will protect the Owner, Contractor, Subcontractors, Engineer, Engineer's Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insured or additional insured in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insured or additional insured thereunder, the Owner and Contractor PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 12 of 47 1 GM201 ? 4 Attachment number 2 Page 16 of 50 Section III - General Conditions waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the work; and, in addition, waive all such rights against Sub-contractors, Engineer, Engineer's Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insured or additional insured under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance otherwise payable under any policy so issued. In addition, the Owner waives all rights against Contractor, Subcontractors, Engineer, Engineer's Consultant and the officers, directors, employees and agents of any of them for: (i) loss due to business interruption, loss of use or other consequential loss extending beyond direct physical loss or damage to the Owner property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by the Owner and; (ii) loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by the Owner during partial utilization, after substantial completion or after final payment. 6 CONTRACTORS RESPONSIBILITIES 6.1 SUPERVISION AND SUPERINTENDENCE Contractor shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. Contractor shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. Contractor shall be responsible to see that the completed work complies accurately with the Contract Documents. Contractor shall keep on the work at all times during its progress a competent resident superintendent, who shall not be replaced without notice to the Owner's Representative except under extraordinary circumstances. The superintendent will be Contractor's representative at the site and shall have authority to act on behalf of Contractor. All communications to the superintendent shall be as binding as if given to Contractor. The Contractor's superintendent shall keep a mobile cell phone on his person so he can be contacted whenever necessary. Contractor shall employ only competent persons to do the work and whenever the Owner's Representative shall notify Contractor, in writing, that any person on the work appears to be incompetent, unfaithful, disorderly, or otherwise unsatisfactory, such person shall be removed from the project and shall not again be employed on it except with the written consent of the Owner's Representative. Contractor shall reimburse Owner for additional engineering and inspection costs incurred as a result of overtime work in excess of the regular working hours or on the Owner normally approved holidays. At such times when Inspector overtime is required, the Contractor shall sign an overtime slip documenting such hours and the Contractor shall be provided a copy for his records. At the end of the project and prior to payment of withheld retainage funds, the Contractor shall deliver to the Owner a check made out to the Owner of Clearwater for full reimbursement of all Inspector overtime hours. Withheld retainage shall not be released until the PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 13 of 47 1 GM201 ? 4 Attachment number 2 Page 17 of 50 Section III - General Conditions Owner has received this check. Minimum number of chargeable hours for inspection costs on weekends or holidays shall be four hours. The cost of overtime inspection per hour shall be $60.00 per hour. Contractor shall provide and maintain in a neat and sanitary condition, such sanitary accommodations for the use of Contractor's employees as may be necessary to comply with the requirements of Laws and Regulations and the Engineer. 6.2 LABOR, MATERIALS AND EQUIPMENT Contractor shall provide competent, suitably qualified personnel to survey, lay out and construct the work as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all work at the site shall be performed during regular working hours and Contractor will not permit overtime work or the performance of work on Saturday, Sunday, or any legal holiday without the Owner consent given after prior notice to Engineer. Unless otherwise specified in the General Requirements, Contractor shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. All materials and equipment installed in the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by Engineer, Contractors shall furnish satisfactory evidence (including reports of required tests) as to the quality of materials and equipment. The Contractor shall provide suitable and secure storage for all materials to be used in the Work so that their quality shall not be impaired or injured. Materials that are improperly stored, may be rejected by the Engineer without testing. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier, or distributor, except as otherwise provided in the Contract Documents. The City of Clearwater, at its sole discretion, reserves the right to purchase major equipment to be incorporated into the WORK under the Owner Direct Purchase (ODP) Option, if indicated in the Contract Documents. In such event, the Contractor shall cooperate and assist the Owner of Clearwater, at no additional cost, to implement the ODP documents and procedures. 6.3 SUBSTITUTES AND "OR EQUAL" ITEMS Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent or "or equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be accepted by Engineer. If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer for approval. If in the Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or equal" item, it may be considered as a PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 14 of 47 1 GM201 ? 4 Attachment number 2 Page 18 of 50 Section III - General Conditions proposed substitute item. Contractor shall submit sufficient information as required by the Engineer to allow the Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and is an acceptable substitute therefore. Request for review of proposed substitute and "or equal" will be not be accepted by Engineer from anyone other than Contractor. Request for substitute and "or equal" items by Contractor must be submitted in writing to Owner's Representative and will contain all information as Engineer deems necessary to make a determination. All data provided by Contractor in support of any proposed substitute or "or equal" item will be at Contractor's expense. Engineer will be allowed a reasonable time to evaluate each proposal or submittal made per this paragraph. Engineer will be sole judge of acceptability. 6.4 RESPONSIBILITY FOR SUBCONTRACTORS, SUPPLIERS AND OTHERS Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers and other persons performing or furnishing any of the work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person any contractual relationship between Owner or Engineer and any Subcontractor, Supplier or other person, nor shall it create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers and other persons performing or furnishing any of the work under a direct or indirect contract with Contractor. Contractor shall require all Subcontractors, Suppliers and such other persons performing or furnishing any of the work to communicate with the Engineer through Contractor. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the work among Subcontractors or Suppliers or delineating the work to be performed by any specific trade. All work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Contractor shall not pay or employ any Subcontractor, Supplier or other person or organization whether initially or as a substitute, against whom Owner or Engineer may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the work against whom Contractor has reasonable objection. Owner or Engineer will not undertake to settle any differences between Contractor and his Subcontractors or between Subcontractors. 6.5 USE OF PREMISES Contractor shall confine construction equipment, the storage of materials and equipment and the operations of works to the site and land areas identified in and permitted by the Contract Documents on other land areas permitted by Laws and Regulations, right-of-way, permits and PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 15 of 47 1 GM201 ? 4 Attachment number 2 Page 19 of 50 Section III - General Conditions easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceed in or at law. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner, Engineer, Engineer's Consultant and their officials, directors, employees and agents from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. During the progress of the Work, Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work or at intervals established by the Engineer, Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery and surplus materials. Contractor shall restore to original condition all property not designated for alteration by the Contract Documents. 6.5.1 STAGING AREAS The Contactor shall obtain and deliver to the City written permission for the use of all staging and storage areas outside of the Limits of Construction. 6.5.2 RESTORATION TIME LIMITS The timely restoration of all impacted areas, especially right-of-ways, is very important to the Citizens of Clearwater; therefore these time limits are imposed: • Debris piles shall be removed within five (5) consecutive calendar days. • Concrete driveways and sidewalks shall be replaced within ten (10) consecutive calendar days of removal. Resident access shall be maintained at all times. • All arterial and collector roadways shall be restored ASAP. • Local streets and asphalt driveways shall be restored as soon as a sufficient quantity is generated, however, this is never to exceed fifteen (15) consecutive calendar days. Local and resident access shall be maintained at all times. • Sod must be restored with ten (10) consecutive calendar days of a successful pipe pressure test. It must be watered for a period of thirty (30) days after it is placed. Erosion control and dust control of denuded areas must be maintained at all times. If the project or a portion of it does not involve right-of ways, then a different schedule of sod restoration may be considered. 6.6 LICENSE AND PATENT FEES, ROYALTIES AND TAXES Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 16 of 47 1 GM201 ? 4 Attachment number 2 Page 20 of 50 Section III - General Conditions others, the existence of such rights shall be disclosed by Owner or Engineer in the Contract Documents. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner, Engineer, Engineer's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Contractor shall pay all sales, consumer, use and other taxes required to be paid by Contractor in accordance with the Laws and Regulations of the State of Florida and other governmental agencies, which are applicable during the performance of the work. 6.7 LAWS AND REGULATIONS Contractor shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Owner's Representative shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. If Contractor performs any work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses and damages caused by or arising out of such work: however, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations to the Owner to report and resolve discrepancies as described above. 6.8 PERMITS Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. The Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids. Contractor shall pay all charges of utility owners for connections to the work, and the Owner shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Unless otherwise stated in the Contract Documents, Owner of Clearwater Building Permit Fees will be waived. 6.9 SAFETY AND PROTECTION Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: (i) all persons on the work site or who may be affected by the work, (ii) all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and (iii) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. In the event of temporary suspension of the work, or during inclement weather, or whenever Owner's Representative may direct; Contractor shall, PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 17 of 47 1GM2W? 4 Attachment number 2 Page 21 of 50 Section III - General Conditions and shall cause Subcontractors, to protect carefully the Work and materials against damage or injury from the weather. If, in the opinion of the Owner's Representative, any portion of Work or materials shall have been damaged or injured by reason of failure on the part of the Contractor or any Subcontractors to so protect the Work, such Work and materials shall be removed and replaced at the expense of Contractor. The Contractor shall initiate and maintain an accident prevention program which shall include, but shall not be limited to the establishment and supervision of programs for the education and training of employees in the recognition, avoidance and prevention of unsafe conditions and acts. Contractor shall provide first aid services and medical care to his employees. The Contractor shall develop and maintain an effective fire protection and prevention program and good housekeeping practices at the site of contract performance throughout all phases of construction, repair, alteration or demolition. Contractor shall require appropriate personal protective equipment in all operations where there is exposure to hazardous conditions. The Engineer may order that the work stop if a condition of immediate danger to the Owner's employees, equipment or if property damage exists. This provision shall not shift responsibility or risk of loss for injuries of damage sustained from the Contractor to Owner, and the Contractor shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of Contract performance. The Contractor shall instruct his employees required to handle or use toxic materials or other harmful substances regarding their safe handling and use. The Contractor shall take the necessary precautions to protect pedestrians and motorists from harm, and to prevent disruptions of such traffic due to construction activity. Contractor shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property and to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property caused, directly or indirectly, in whole or part, by Contractor, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the work or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor that the Work is acceptable. 6.10 EMERGENCIES In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, Contractor, with or without special instruction or authorization from Owner or the Owner's Representative, is obligated to act to prevent damage, injury or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner's Representative determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 18 of 47 1 GM201 ? 4 Attachment number 2 Page 22 of 50 Section III - General Conditions 6.11 DRAWINGS 6.11.1 SHOP DRAWINGS, SAMPLES, RFIs, and SUBMITTAL REVIEW Contractor shall submit Shop Drawings to Engineer for review and approval as called for in the Technical Specifications or required by the Engineer. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show Engineer the materials and equipment Contractor proposes to provide and to enable Engineer to review the information. Contractor shall also submit Samples to Engineer for review and approval. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: (i) all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto, (ii) all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and (iii) all information relative to Contractor's sole responsibilities in respect to means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto. Contractor shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples with the requirements of the Work and the Contract Documents. Each submittal will bear a stamp or specific written indication that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. At the time of submission, Contractor shall give Engineer specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to Engineer for review and approval of each such variation. The Contractor shall maintain a submittal log as mentioned in Article 2.5. The Engineer and Construction Services Department shall receive updated copies at each progress meeting, and the Engineer shall respond to each submittal within twenty-one (21) consecutive calendar days. The Contractor shall maintain a request for information (RFI) log as mentioned in Article 2.5. The Engineer and Construction Services Department shall receive updated copies at each progress meeting, and the Engineer shall respond to each RFI within twenty-one (21) consecutive calendar days. The untimely submission of Submittal or RFIs shall not be grounds for a delay claim from the Contractor. Engineer's review and approval of Shop Drawings and Samples will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated the Contract Documents. Engineer's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. Contractor shall make corrections required by Engineer, and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 19of47 1GM2W?4 Attachment number 2 Page 23 of 50 Section III - General Conditions Engineer's review and approval of Shop Drawings or Samples shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has in writing called Engineer's attention to each such variation at the time of submission and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by the Engineer relieve the Contractor from responsibility for complying with the requirements of paragraph above discussing field measurements by the Contractor. Contractor shall furnish required submittals with complete information and accuracy in order to achieve required approval of an item within two (2) submittals. Owner's Representative reserves the right to backcharge Contractor, for Engineer's costs for resubmittals that account for a number greater than twenty percent (20%) of the total number of first time submittals. Owner's Representative reserves the right to backcharge Contractor for all third submittals. The number of first time submittals shall be equal to the number of submittals agreed to by Engineer and Contractor. All costs to Engineer involved with subsequent submittal of Shop Drawings, Samples or other items requiring approval will be backcharged to Contractor at the rate of 3.0 times direct technical labor cost by deducting such costs from payments due Contractor for Work completed. In the event that Contractor requests a substitution for a previously approved item, all of Engineer's costs in the reviewing and approval of the substitution will be backcharged to Contractor, unless the need for such substitution is beyond the control of Contractor. 6.11.2 AS-BUILT DRAWINGS The Contractor shall keep and maintain one set of blueprints, As-Built Drawings, in good order and legible condition to be continuously marked-up at the job site. The Contractor shall mark and annotate neatly and clearly all project conditions, locations, configurations and any other changes or deviations which may vary from the details represented on the original Contract Plans, including revisions made necessary by Addenda, Shop Drawings, and Change Orders during the construction process. The Contractor shall record the horizontal and vertical locations, in the plan and profile, of all buried utilities that differ from the locations indicated or which were not indicated on the Contract Plans and buried (or concealed), construction and utility features which are revealed during the construction period. The As-Built Drawings shall be available for inspection by the Engineer, Engineer's Consultant, and the Owner's Representative at all times during the progress of the Project. The As-Built Drawings shall be reviewed by the Owner's Representative, or his designee, for accuracy and compliance with the requirements of "As-Built Drawings" prior to submittal of the monthly pay requests. The pay requests shall be rejected if the marked-up blueline prints do not conform to the "As-Built Drawings" requirements. As-Built Drawings shall be submitted to the Owner Inspector for approval upon completion of the project and prior to acceptance of final pay request. Final pay request shall not be processed until As-Built Drawings have been reviewed by the Engineer or the Engineer's Consultant for accuracy and completeness. Prior to placing new potable water mains in service, the Contractor shall provide the Engineer intersection drawings, as specified for the water mains. The Owner's acceptance of the "As-Built Drawings" does not relieve the Contractor of the sole responsibility for the accuracy and completeness of the As-Built Drawings. PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 20 of 47 1GM2W? 4 Attachment number 2 Page 24 of 50 Section III - General Conditions 6.11.2.1 General The Contractor shall prepare an "AS-BUILT SURVEY" per chapter 61G17-6, Florida Administrative Code (see definition below), signed and sealed by a Florida registered land surveyor. The contractor will deliver to the Owner two hard copies of signed and sealed As-Built Drawings and an AutoCAD file. 61617-6002 Definition: (10)(a) As Built Survey: a survey performed to obtain horizontal and/or vertical dimensional data so that constructed improvements may be located and delineated: also know as Record Survey. This survey shall be clearly titled "As-Built Survey" and shall be signed and sealed by a Florida registered land surveyor. The survey must be delivered to the Owner of Clearwater Construction Division upon substantial completion of the project. If this condition is not met, the Owner will procure the services of a Professional Surveyor and Mapper registered in the State of Florida and will back charge the contractor a fee of $1,800 per day or any portion thereof to provide the Owner with the required As-Built Survey. 6.11.2.2 Sanitary and Storm Sewer Piping Systems 1. Manholes and inlets shall be located by survey coordinates (northing, easting and elevation) based on the approved horizontal and vertical datum or utilize the stationing supplied on the construction plans. New sanitary service connections and replaced sanitary service connections shall be dimensioned to the nearest downstream manhole. All manholes, cleanouts and catch basin invert and rim elevations, manhole and catch basin dimensions, pipe sizes, and pipe material shall also be noted on the plan view and also on the profile if one exists. 2. Pipe materials and areas of special construction shall be noted 6.11.2.3 Pressure Pipe construction (Water, Reclaimed Water, Forcemain) All pipes shall be located by survey coordinates (northing, easting and elevation) based on the approved horizontal and vertical datum or utilize the stationing supplied on the construction plans. Coordinates shall be at all pipe bends, tees, valves, reducers, and deflections. Also all new and replaced service connections for potable and reclaimed water will be located as described above. Additionally there must be survey coordinates no further than 100 feet apart on linear type construction and shall denote top of pipe elevation at those points. 6.11.2.4 Electrical and Control Wiring The as-built drawings shall include all changes to the original Contract Plans. The as-built drawings shall also include the size, color, and number of wires and conduit. For projects where this information is too voluminous to be contained on the blueline prints, the Contractor shall prepare supplemental drawings, on same size sheets as the blueline prints, showing the additional conduit runs, 1-line diagrams, ladder diagrams, and other information. The wiring schematic diagrams shall show termination location and wiring identification at each point on the ladder diagram. 6.11.2.5 Horizontal and Vertical Control The As-Built survey shall be based on the original datum used for the construction design plans or if required by the Owner the datum shall be referenced to the North American Datum of PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 21 of 47 1GM2W? 4 Attachment number 2 Page 25 of 50 Section III - General Conditions 1983/90 (horizontal) and the North American Vertical Datum of 1988. The unit of measurement shall be the United States Foot. Any deviation or use of any other datum, (horizontal and or vertical), must be approved by the Owner of Clearwater Engineering Department. 6.11.2.6 Standards The As-Built survey shall meet the Minimum Technical Standards per Chapter 61G17 and the Clearwater CAD STANDARDS set forth below. In addition to locating all improvements that pertain to the as-built survey it is the requirement of the Owner to have minimum location points at every change in direction and no more than 100 feet apart on all pressure pipes. 6.11.2.7 Other The As-Built drawings shall reflect any differences from the original Contract Plans, in the same level of detail and units of dimensions as the Plans. 6.11.3 CAD STANDARDS 6.11.3.1 Layer Naming 6.11.3.1.1 Prefixes and Suffixes DI prefix denotes digitized or scanned entities EP prefix denotes existing points - field collected EX prefix denotes existing entities - line work and symbols PR prefix denotes proposed entities - line work and symbols FU prefix denotes future entities (proposed but not part of this contract) - line work and symbols TX suffix denotes text - use for all text, no matter the prefix 6.11.3.1.2 Laver Namina Definitions: GAS gas lines and appurtenances ELEC power lines and appurtenances PHONE telephone lines and appurtenances CABLE cable TV lines and appurtenances BOC curbs WALK sidewalk WATER water lines and appurtenances, sprinklers STORM storm lines and appurtenances TREES trees, bushes, planters SANITARY sanitary lines and appurtenances FENCE all fences BLDG buildings, sheds, finished floor elevation PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 22 of 47 1GM2W? 4 Attachment number 2 Page 26 of 50 Section III - General Conditions DRIVE driveways EOP edge of pavement without curbs TRAFFIC signal poles, control boxes TOPBANK top of bank TOESLOPE toe of slope TOPBERM top of berm TOEBERM toe of berm SEAWALL seawall CONCSLAB concrete slabs WALL walls, except seawall SHORE shoreline, water elevation CL centerline of road CLD centerline of ditch CLS centerline of swale CORNER property corners, monumentation BENCH benchmark, temporary benchmarks Other layers may be created as required, using above format. 6.11.3.2 Layer Properties All layers will use standard AutoCAD linetypes, bylayer. All layers will use standard AutoCAD colors, bylayer. All text will use standard AutoCAD fonts. 6.11.3.3 Text Styles Text style for EX layers will use the simplex font, oblique angle of 0°, and a text height of .008 times the plot scale. Text style for PR and FU layers will use the simplex font, oblique angle of 22.5°, and a text height of. 0 10 times the plot scale. 6.11.4 DELIVERABLES: The as-built survey shall be produced on vellum or bond material, 24" x 36" at a scale of 1"=20' unless approved otherwise. The consultant shall deliver all drawing files in digital format. Acceptable file formats include: DWG, DXF of a shape file. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or e-mail address Thomas. Mahon myclearwater.com. PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 23 of 47 1GM2W? 4 Attachment number 2 Page 27 of 50 Section III - General Conditions 6.12 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE Contractor warrants and guarantees to Owner, Engineer and Engineer's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. Contractor's warranty and guarantee hereunder includes defects or damage caused by abuse, vandalism, modification or operation by persons other than Contractor, Subcontractors or Suppliers. Until the acceptance of the Work by the Owner, the Work shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to any part thereof by action of the elements, or from any other cause whatsoever, arising from the execution or non-execution of the Work. The Contractor shall rebuild, repair and make good, at his own expense, all injuries or damages to any portion of the Work occasioned by any cause before its completion and final acceptance by the Owner. In addition, "the Contractor shall remedy any defects in the work at his own expense and pay for any damage to other work resulting therefrom which appear within a period of one year from the date of final acceptance". Contractor's warranty and guarantee hereunder excludes improper maintenance and operation by Owner's employees and normal wear and tear under normal usage for any portion of the Work, which has been partially accepted by the Owner for operation prior to final acceptance by the Owner. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: (i) observations by Owner's Representative, (ii) recommendation of any progress or final payment by Owner's Representative, (iii) the issuance of a certificate of Substantial Completion or any payment by the Owner to contractor under the Contract Documents, (iv) use or occupancy of the Work or any part thereof by Owner, (v) any acceptance by Owner or any failure to do so, (vi) any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of Acceptance by the Engineer. 6.13 CONTINUING THE WORK Contractor shall carry on the work and adhere to the progress schedule during all disputes or disagreements with the Owner. No work shall be delayed or postponed pending resolution of any disputes or disagreements, except as the Owner or Contractor may otherwise agree in writing. 6.14 INDEMNIFICATION Contractor shall indemnify and hold harmless Owner, Engineer, Engineer's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of Contractor, any Subcontractor, any Supplier, any person directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such person. PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 24 of 47 1GM2W? 4 Attachment number 2 Page 28 of 50 Section III - General Conditions If, through acts of neglect on the part of Contractor, any other Contractor or any Subcontractor shall suffer loss or damage on the work, Contractor shall settle with such other Contractor or Subcontractor by agreement or arbitration if such other Contractor or Subcontractor will so settle. If such other Contractor or Subcontractor shall assert any claim against the Owner on such account of any damage alleged to have been sustained, the Owner shall notify Contractor, who shall indemnify and save harmless the Owner against any such claim. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, or employees by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, any person directly or indirectly employed by any of them to perform or furnish any of the work, or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any such Sub-contractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. The indemnification obligations of Contractor under this paragraph shall not extend to the liability of Engineer and Engineer's Consultants, officers, directors, employees, or agents caused by the professional negligence, errors or omissions of any of them. 7 OTHER WORK 7.1 RELATED WORK AT SITE The City reserves the right to have its own forces enter the construction site at any time and perform work as necessary in order to perform infrastructure repair or maintenance, whether related to the project or not. The Contractor will allow complete access to all utility owners for these purposes. The City may have its own forces perform new work related to the project, however, this work will be identified in the Contract Scope of Work and coordination will be such that this activity is denoted in the Contractor's CPM Schedule so as not to cause any delays or interference with the Contractor's work or schedule. 7.2 COORDINATION If the Owner contracts with others for the performance of other work on the Project at the site, the following will be set forth in the Scope of Work: (i) the person who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; (ii) the specific matters to be covered by such authority and responsibility will be itemized; and (iii) the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, the Owner shall have sole authority and responsibility in respect of such coordination. 8 OWNERS RESPONSIBILITY Except as otherwise provided in these General Conditions, the Owner shall issue all communications from the Owner to the Contractor through Owner's Representative. The Owner shall furnish the data required of the Owner under the Contract Documents promptly and shall make payments to Contractor promptly when they are due as provided in these General Conditions. PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 25 of 47 1GM2W? 4 Attachment number 2 Page 29 of 50 Section III - General Conditions The Owner is obligated to execute Change Orders as indicated in the Article on Changes In The Work. The Owner's responsibility in respect of certain inspections, tests, and approvals is set forth in the Article on Tests and Inspections. In connection with the Owner's right to stop work or suspend work, see the Article on Engineer may Stop the Work. The Article on Suspension of Work and Termination deals with the Owner's right to terminate services of Contractor under certain circumstances. Owner shall not supervise, direct or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The Owner will not be responsible for Contractor's failure to perform or furnish the Work in accordance with the Contract Documents. 9 OWNER REPRESENTATIVE'S STATUS DURING CONSTRUCTION 9.1 OWNERS REPRESENTATIVE Dependant of the project type, the Owner's Representative during the construction period will either be the Construction Manager, the Engineer, or a designee of the Project's Owner. The duties, responsibilities and the limitations of authority of Owner's Representative during construction are set forth in the Contract Documents and shall not be extended without written consent of Owner and Engineer. 9.2 CLARIFICATIONS AND INTERPRETATIONS Engineer will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents regarding design issues only, in the form of Submittal responses, RFI responses, Drawings or otherwise, as Engineer may determine necessary, which shall be consistent with the intent of and reasonably inferable from Contract Documents. All other clarifications and interpretations of the Contract Documents shall be issued form the Owner's Representative. Such written clarifications and interpretations will be binding on the Owner and Contractor. If Contractor believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Time and the parties are unable to agree to the amount or extent thereof, if any, Contractor may make a written claim therefore as provided in the Articles for Change of Work and Change of Contract Time. 9.3 REJECTING OF DEFECTIVE WORK The Owner's Representative or the Engineer will have authority to disapprove or reject Work which Owner's Representative or the Engineer believes to be defective, or that Owner's Representative or the Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. The Owner's Representative or the Engineer will also have authority to require special inspection or testing of the Work whether or not the Work is fabricated, installed or completed. PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 26 of 47 1GM2W? 4 Attachment number 2 Page 30 of 50 Section III - General Conditions 9.4 SHOP DRAWINGS, CHANGE ORDERS, AND PAYMENTS In connection with Engineer's authority as to Shop Drawings and Samples, see articles on Shop Drawings and Samples. In connection with Owner's Representative authority as to Change Orders, see the articles on Changes of Work, Contract Price and Contract Time. In connection with Owner's Representative authority as to Applications for Payment, see the articles on Payments to Contractor and Completion. 9.5 DECISIONS ON DISPUTES The Owner's Representative will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work thereunder. Claims, disputes and other matters relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the work and Claims under the Articles for Changes of Work, Changes of Contract Time and Changes of Contract Price will be referred initially to Owner's Representative in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to Owner's Representative and the other party to the Agreement promptly, but in no event later than thirty (30) days, after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to Owner's Representative and the other party within sixty (60) days after the start of such occurrence or event unless Owner's Representative allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to Owner's Representative and the claimant within thirty (30) days after receipt of the claimant's last submittal, unless Owner's Representative allows additional time. Owner's Representative will render a formal decision in writing within thirty (30) days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. Owner Representative's written decision on such claim, dispute or other matter will be final and binding upon the Owner and Contractor unless (i) an appeal from Owner Representative's decision is taken within thirty (30) days of the Owner Representative's decision, or the appeal time which may be stated in a Dispute Resolution Agreement between Owner and Contractor for the settlement of disputes or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from Owner Representative's written decision is delivered by the Owner or Contractor to the other and to Owner's Representative within thirty (30) days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty (60) days of the date of such decision, unless otherwise agreed in writing by the Owner and Contractor. When functioning as interpreter and judge, Owner's Representative will not show partiality to the Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by Owner's Representative with respect to any such claim, dispute or other matter will be a condition precedent to any exercise by the Owner or Contractor of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant the Article on Dispute Resolution. PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 27 of 47 1GM2W? 4 Attachment number 2 Page 31 of 50 Section III - General Conditions 9.6 LIMITATIONS ON OWNER REPRESENTATIVE'S RESPONSIBILITIES Neither Owner Representative's authority or responsibility under this paragraph or under any other provision of the Contract Documents nor any decision made by Owner's Representative in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by Owner's Representative shall create, impose or give rise to any duty owed by Owner's Representative to Contractor, any Subcontractor, any Supplier, any other person or organization or to any surety for or employee or agent of any of them. Owner's Representative will not supervise, direct, control or have authority over or be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the furnishing or performance of the work. Owner's Representative will not be responsible for Contractor's failure to perform or furnish the work in accordance with the Contract Documents. Owner's Representative will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the work. Owner Representative's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and other documentation required to be delivered by the Contractor will only be to determine generally that their content complies with the requirements of the Contract Documents and, in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with the Contract Documents. The limitations upon authority and responsibility set forth in this paragraph shall also apply to Owner Representative's CEI, the Engineer's Consultants, and assistants. 10 CHANGES IN THE WORK Without invalidating the Agreement and without notice to any surety, the Owner may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as may otherwise be specifically provided). If the Owner and Contractor are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Time that should be allowed as a result of a Work Change Directive, a claim may be made therefore as provided in these General Conditions. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in these General Conditions except in the case of an emergency as provided or in the case of uncovering work as provided in article for Uncovering Work. The Owner and Contractor shall execute appropriate Change Orders or Written Amendments recommended by Owner's Representative covering: PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 28 of 47 1 GM201 ? 4 Attachment number 2 Page 32 of 50 Section III - General Conditions changes in the work which are (i) ordered by the Owner (ii) required because of acceptance of defective work under the article for Acceptance of Defective Work or correcting defective Work under the article for Owner May Correct Defective Work or (iii) agreed to by the parties; changes in the Contract Price or Contract Time which are agreed to by the parties; and changes in the Contract Price or Contract Time which embody the substance of any written decision rendered by Owner's Representative pursuant to the article for Decisions on Disputes; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the progress schedule as provided in the article for Continuing the Work. If notice of any change affecting the general scope of the work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be Contractor's responsibility, and the amount of each applicable Bond will be adjusted accordingly. 11 CHANGES IN THE CONTRACT PRICE 11.1 CHANGES IN THE CONTRACT PRICE The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to Contractor for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by Contractor shall be at Contractor's expense without change in the Contract Price. The Contract Price may only be adjusted by a Change Order or by a Written Amendment. Any claim for an adjustment in the Contract Price shall be based on a written notice of claim stating the general nature of the claim, to be delivered by the party making the claim to the other party and to Owner's Representative or promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty (60) days after the start of such occurrence or event, unless Owner's Representative allows additional time for claimant to submit additional or more accurate data in support of the claim, and shall be accompanied by claimant's written statement that the claimed adjustment covers all known amounts to which the claimant is entitled as a result of said occurrence or event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: (i) where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (ii) where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit), (iii) where the Work is not covered by unit prices contained in the Contract Documents and agreement is reached to establish unit prices for the Work. Where the work involved is not covered by unit prices contained in the Contract Documents and where the Owner's Representative, the Owner, the Engineer, the Engineer's Consultant, and Contractor cannot mutually agree on a lump sum price, the City of Clearwater shall pay for directed changes in the WORK, on "COST REIMBURSEMENT" basis. The Contractor shall PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 29 of 47 1GM2W? 4 Attachment number 2 Page 33 of 50 Section III - General Conditions apply for compensation, detailing Contractors forces, materials, equipment, subcontractors, and other items of direct costs required for the directed work. The application for Cost Reimbursement shall be limited to the following items: 1. Labor, including foremen, for those hours associated with the direct work (actual payroll cost, including wages, fringe benefits, labor insurance and labor taxes established by law). Expressly excluded from this item are all costs associated with negotiating the subject change. 2. Materials associated with the change, including sales tax. The costs of materials shall be substantiated through vendors' invoices. Rental or equivalent rental costs of equipment, including necessary transportation costs if specifically used for the WORK. The rental rates shall not exceed the current rental rates prevailing in the locality or as defined in the rental Rate Blue Book for Construction Equipment (a.k.a. DataQuest Blue Book). The rental rate is defined as the full-unadjusted base rental rate for the appropriate item of construction equipment and shall cover the costs of all fuel, supplies, repairs, insurance, and other costs associated with supplying the equipment for work ordered. Contractor-owned equipment will be paid for the duration of time required to complete the work. Utilize lowest cost combination of hourly, daily, weekly, or monthly rates. Do not exceed estimated operating costs given in Blue Book. Operating costs will not be allowed for equipment on stand-by. 4. Additional costs for Bonds, Insurance if required by the City of Clearwater. The following fixed fees shall be added to the costs of the directed work performed by the Contractor or Subcontractor. A. A fixed fee of fifteen percent (15%) shall be added to the costs of Item 1 above. If work is performed by a subcontractor, the Contractor's fee shall not exceed five percent (5%), and the subcontractor's fee shall not exceed ten percent (10%). B. A fixed fee of ten percent (10%) shall be added to the costs of Item 2 above. C. No markup shall be added to the costs of Items 3 and 4. The fixed fees shall be considered the full compensation for all cost of general supervision, overhead, profit, and other general expense. 11.2 ALLOWANCES AND FINAL CONTRACT PRICE ADJUSTMENT It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums as may be acceptable to Owner and Engineer. Contractor agrees that: (i) the allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and (ii) Contractor's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by Owner's Representative to reflect actual amounts due Contractor on account of Work covered by PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 30 of 47 1GM2W? 4 Attachment number 2 Page 34 of 50 Section III - General Conditions allowances and all the Work actually performed by the Contractor, and the Contract Price shall be correspondingly adjusted. 11.3 PERCENTAGE WORK Contractor has taken care to accurately calculate the Scheduled Value of each item that shall constitute the Work as reflected in the Bid Tabulation, which is incorporated in Section IV 1.1 (Scope of Work). The Scheduled Value for each unit accounts for Contractor's anticipated overhead costs and profit margins for that particular unit. Where the Contract Documents require that all or part of the Work be done on a Percentage basis, the Scheduled Value will hold precedent, not the units utilized (or not) in connection with the work. The Contract Price has been calculated based upon the Scheduled Value for each unit pursuant to RFP 27-10, any changes to the scope of the work outside of what was contemplated within the aforementioned RFP, whether on a Percentage basis, must be effectuated via change order. 12 CHANGES IN THE CONTRACT TIME The Contract Time (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Time (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to Owner's Representative promptly, but in no event later than thirty (30) days, after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty (60) days after such occurrence, unless Owner's Representative allows an additional period of time to ascertain more accurate data in support of the claim, and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time (or Milestones) shall be determined by Owner's Representative. No claim for an adjustment in the Contract Time (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph. All time limits stated in the Contract Documents are of the essence of the Agreement. Where Contractor is prevented from completing any part of the work within the Contract Time (or Milestones) due to delay beyond the control of Contractor, the Contract Time (or Milestones) may be extended in an amount equal to the time lost due to such delay if a claim is made therefore as provided in the article for Changes in the Work. Delays beyond the control of Contractor shall include, but not be limited to, acts by the Owner, acts of utility owners or other contractors performing other work as contemplated by the article for Other Work, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. Where Contractor is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both the Owner and Contractor, an extension of the Contract Time (or Milestones) in an amount equal to the time lost due to such delay shall be Contractor's sole and exclusive remedy for such delay. In no event shall the Owner be liable to Contractor, any Subcontractor, any Supplier, any other person, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of Contractor, or (ii) delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts by PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 31 of 47 1GM2W? 4 Attachment number 2 Page 35 of 50 Section III - General Conditions utility owners or other contractors performing other work as contemplated by paragraph for Other Work. 13 TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1 TESTS AND INSPECTION Contractor shall give Owner's Representative and Engineer timely notice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. Contractor shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents. The costs for these inspections, tests or approvals shall be borne by the Contractor except as otherwise provided in the Contract Documents. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body including all Owner Building Departments and Owner Utility Departments, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish Owner's Representative the required certificates of inspection or approval. Unless otherwise stated in the Contract Documents, Owner permit and impact fees will be waived. Contractor shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation of the Work. If any Work (or the work of others) that is to be inspected tested or approved is covered by Contractor without written concurrence of Owner's Representative, it must, if requested by Owner's Representative, be uncovered for observation. Uncovering Work as provided in this paragraph shall be at Contractor's expense unless Contractor has given Owner's Representative and Engineer timely notice of Contractor's intention to cover the same and Owner's Representative has not acted with reasonable promptness in response to such notice. 13.2 UNCOVERING THE WORK If any Work is covered contrary to the written request of Owner's Representative, it must, if requested by Owner's Representative, be uncovered for Owner Representative's observation and replaced at Contractor's expense. If Owner's Representative considers it necessary or advisable that covered Work be observed by Owner's Representative or inspected or tested by others, Contractor, at Owner Representative's request, shall uncover, expose or otherwise make available for observation, inspection or testing as Engineer or Owner's Representative may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and the Owner shall be entitled to an appropriate decrease in the Contract Price PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 32 of 47 1GM2W? 4 Attachment number 2 Page 36 of 50 Section III - General Conditions for the costs of the investigation, and, if the parties are unable to agree as to the amount thereof, may make a claim therefore as provided in the article for Change in Contract Price. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, Contractor may make a claim therefore as provided the article for Change in Contract Price and Change of Contract Time. 13.3 OWNER'S REPRESENTATIVE MAY STOP THE WORK If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Engineer or Owner's Representative may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner's Representative to stop the Work shall not give rise to any duty on the part of Owner's Representative or Owner to exercise this right for the benefit of Contractor or any surety or other party. If the Owner's Representative stops Work under this paragraph, Contractor shall be entitled to no extension of Contract Time or increase in Contract Pri ce. 13.4 CORRECTION OR REMOVAL OF DEFECTIVE WORK If required by Engineer or Owner's Representative, Contractor shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by Engineer or Owner's Representative, remove it from the site and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.5 WARRANTY/CORRECTION PERIOD If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to the Owner and in accordance with the Owner's written instructions; (i) correct such defective Work, or, if it has been rejected by the Owner, remove it from the site and replace it with Work that is not defective and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the Owner may have the defective Work corrected or the rejected. Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. In special circumstances where a particular item of equipment is placed in continuous service before Final Completion of all the Work, the correction period for that item may start to run from an earlier date if specifically and expressly so provided in the Specifications or by Written Amendment. PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 33 of 47 1GM2W? 4 Attachment number 2 Page 37 of 50 Section III - General Conditions Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. 13.6 ACCEPTANCE OF DEFECTIVE WORK If, instead of requiring correction or removal and replacement of defective Work, the Owner prefers to accept it, the Owner may do so. Contractor shall pay all claims, costs, losses and damages attributable to the Owner's evaluation of and determination to accept such defective Work such costs to be approved by Owner's Representative as to reasonableness. If any such acceptance occurs prior to Owner Representative's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the Owner shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, the Owner may make a claim therefore as provided in article for Change of Contract Price. If the acceptance occurs after the Owner Representative's recommendation for final payment an appropriate amount will be paid by Contractor to the Owner. 13.7 OWNER MAY CORRECT DEFECTIVE WORK If Contractor fails within a reasonable time after written notice from Owner's Representative to correct defective Work or to remove and replace rejected Work as required by Owner's Representative in accordance with the article for Correction and Removal of Defective Work or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, the Owner may, after seven days' written notice to Contractor, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph the Owner shall proceed expeditiously. In connection with such corrective and remedial action, the Owner may exclude Contractor from all or part of the site, take possession of all or part of the Work, and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment stored at the site or for which the Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's Representatives, Agents and employees, the Owner's other contractors, and Owner's Representative, Engineer, and Engineer's Consultants access to the site to enable the Owner to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by the Owner in exercising such rights and remedies will be charged against Contractor and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the Owner shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, the Owner may make a claim therefore as provided in the article for Change of Contract Price. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time (or Milestones) because of any delay in the performance of the Work attributable to the exercise by the Owner of the Owner's rights and remedies hereunder. PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 34 of 47 1GM2W? 4 Attachment number 2 Page 38 of 50 Section III - General Conditions 14 PAYMENTS TO CONTRACTOR AND COMPLETION Requests for payment shall be processed in accordance with F.S. 218.735 and as described herein. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.1 APPLICATION FOR PROGRESS PAYMENT 10% of the cost of the Work ($563,037 * 10% = $ 56,304.00) is due at execution of this contract to complete the design/construction portion of the Work, and is necessary prior to the beginning of construction. Thereafter, Contractor shall submit (not more often than once a month) to Owner's Representative for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the 25th of each month and accompanied by such supporting documentation as is required by the Owner's Representative and the Contract Documents. Unless otherwise stated in the Contract Documents, payment will not be made for materials and equipment not incorporated in the Work. Payment will only be made for that portion of the Work, which is fully installed including all materials, labor and equipment. A retainage of not less than five (5%) of the amount of each Application for Payment for the total of all Work, including as-built survey and Inspector overtime reimbursement, completed to date will be held until final completion and acceptance of the Work covered in the Contract Documents. No progress payment shall be construed to be acceptance of any portion of the Work under contract. The Contractor shall review with the Engineer or the Construction Inspector all quantities and work for which payment is being applied for and reach agreement prior to submittal of an Official Pay Request. The Engineer or the Construction Inspector will verify that the on-site marked up as-built drawings are up to date with the work and are in compliance with the Contract Documents. In addition to all other payment provisions set out in this contract, the Owner's Representative may require the Contractor to produce for Owner, within fifteen (15) days of the approval of any progress payment, evidence and/or payment affidavit that all subcontractors and suppliers have been paid any sum or sums then due. A failure on the part of the contractor to provide the report as required herein shall result in further progress or partial payments being withheld until the report is provided. Due to nature of the equipment manufacturing processes for CNG equipment, it is necessary to facilitate and differentiate the payment schedule for the equipment design / fabrication from the Work, as follows: A. 40% of the cost of the Equipment Package is due at execution of this CONTRACT to get the equipment ordered and built ($933,111 * 40% = $373,244.00); B. 40% of the cost of the Equipment Package is due upon the complete assemblage of the equipment prior to shipment; ($933,111 * 40% = $373,244.00); C. 10% of the cost of the Equipment Package is due upon issuance of Certificate of Use; ($933,111 * 10% = $ 93,311.00); D. 10% of the cost of the Equipment Package is due 90 days after issuance of Certificate of Use and upon acceptance of all equipment PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 35 of 47 1GM2W? 4 Attachment number 2 Page 39 of 50 Section III - General Conditions (Balance - $ 93,312.00) 14.2 CONTRACTOR'S WARRANTY OF TITLE Contractor warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to the Owner no later than the time of payment, free and clear of liens. No materials or supplies for the Work shall be purchased by Contractor or Subcontractor subject to any chattel mortgage or under a conditional sale contact or other agreement by which an interest is retained by the seller. Contractor warrants that he has good title to all materials and supplies used by him in the Work, free from all liens, claims or encumbrances. Contractor shall indemnify and save the Owner harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen, and furnisher's of machinery and parts thereof, equipment, power tools, and all supplies incurred in the furtherance of the performance of this Contract. Contractor shall at the Owner's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged, or waived. If Contractor fails to do so, then the Owner may, after having served written notice on said Contractor either pay unpaid bills, of which the Owner has written notice, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payment to Contractor shall be resumed in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to the Contractor or the Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of Contractor and any payment so made by the Owner shall be considered as payment made under the Contract by the Owner to Contractor, and the Owner shall not be liable to Contractor for any such payment made in good faith. 14.3 REVIEW OF APPLICATIONS FOR PROGRESS PAYMENTS The Owner's Representative will within twenty (20) business days after receipt authorize and process payment by the Owner a properly submitted and documented Application for payment, unless the application requires review by an Agent. If the Application for payment requires review and approval by an Agent, properly submitted and documented Applications for payment will be paid by the Owner within twenty-five (25) business days. If an Application for payment is rejected, notice shall be given within twenty (20) business days of receipt indicating the reasons for refusing payment. The reasons for rejecting an Application will be submitted in writing, specifying deficiencies and identifying actions that would make the Application proper. In the latter case, Contractor may make the necessary corrections and resubmit the Application. The Owner's Representative or Agent may refuse to recommend the whole or any part of any payment to Owner. Owner's Representative or Agent may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or test, nullify any such payment previously recommended, to such extent as may be necessary in Owner Representative's or Agent's opinion to protect the Owner from loss because: (i) the Work is defective, or completed Work has been damaged requiring correction or replacement, (ii) the Contract Price has been reduced by amendment or Change Order, (iii) the Owner has been required to correct defective Work or complete Work, or (iv) Owner's Representative or Agent has actual knowledge of the occurrence of any of the events enumerated in the article on Suspension of Work and Termination. PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 36 of 47 1GM2W? 4 Attachment number 2 Page 40 of 50 Section III - General Conditions The Owner may refuse to make payment of the full amount recommended by the Owner's Representative or Agent because: (i) claims have been made against the Owner on account of Contractor's performance or furnishing of the Work, (ii) Liens have been filed in connection with the Work, except where Contractor has delivered a specific Bond satisfactory to the Owner to secure the satisfaction and discharge of such Liens, (iii) there are other items entitling the Owner to a set-off against the amount recommended, or (iv) the Owner has actual knowledge of any of the events described in this paragraph. The Owner shall give Contractor notice of refusal to pay in accordance with the time constraints of this section with a copy to the Owner's Representative or Agent, stating the reasons for such actions, and Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by the Owner and Contractor, when Contractor corrects to the Owner's satisfaction the reasons for such action. 14.4 PARTIAL UTILIZATION Use by the Owner at the Owner's option of any substantially completed part of the Work which (i) has specifically been identified in the Contract Documents, or (ii) Owner, Engineer, Owner's Representative, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by the Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, may be accomplished prior to Final Completion of all the Work subject to the following: The Owner at any time may request Contractor in writing to permit the Owner to use any such part of the Work which the Owner believes to be ready for its intended use and substantially complete. If Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner, Owner's Representative, and Engineer that such part of the Work is substantially complete and request Owner's Representative to issue a certificate of Substantial Completion for that part of the Work. Contractor at any time may notify Owner, Owner's Representative, and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Owner's Representative to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, Owner, Contractor, Owner's Representative, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner, Owner's Representative, and Contractor in writing giving the reasons therefore. If Engineer considers that part of the Work to be substantially complete, the provisions of the articles for Substantial Completion and Partial Utilization will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.5 FINAL INSPECTION Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Owner's Representative will make a final inspection with Engineer, Owner and Contractor and will within thirty (30) days notify Contractor in writing of particulars in which this inspection reveals that the Work is incomplete or defective. The Owner's Representative will produce a final punch list, deliver it to the Contractor within five (5) days of completion and assign a date for this work to be completed not less than thirty (30) days from delivery of the list. Failure to include any corrective work or pending items does not alter the responsibility of the contractor to complete all the construction services purchased pursuant to the contract. PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 37 of 47 1GM2W? 4 Attachment number 2 Page 41 of 50 Section III - General Conditions Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.6 FINAL APPLICATION FOR PAYMENT After Contractor has completed all such corrections to the satisfaction of Owner's Representative and has delivered in accordance with the Contract Documents all maintenance and operating instructions, As-built/Record Drawings, schedules, guarantees, Bonds, certificates or other evidence of insurance required by the paragraph for Bonds and Insurance, certificates of inspection, Inspector overtime reimbursement as required in the Contract Documents and other documents, Contractor may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by paragraph for Bonds and Insurance, (ii) consent of the surety, if any or if necessary, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to the Owner) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by the Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which the Owner or the Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a Bond or other collateral satisfactory to the Owner to indemnify the Owner against any Lien. Prior to application for final payment, Contractor shall clean and remove from the premises all surplus and discarded materials, rubbish, and temporary structures, and shall restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the Work, and shall leave the Work in a neat and presentable condition. 14.7 FINAL PAYMENT AND ACCEPTANCE If through no fault of Contractor, final completion of the Work is significantly delayed and if Owner's Representative so confirms, the Owner shall, upon receipt of Contractor's final Application for payment and recommendation of Owner's Representative, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by the Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph for Bonds and Insurance, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Owner's Representative with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that such payment shall not constitute a waiver of claims. If on the basis of Owner Representative's observation of the Work during construction and final inspection, and Owner Representative's review of the final Application for Payment and accompanying documentation, all as required by the Contract Documents, Owner's Representative is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Owner's Representative will indicate in writing his recommendation of payment and present the Application to Owner for payment. Thereupon, Owner's Representative will give written notice to Owner and Contractor that the PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 38 of 47 1 GM201 ? 4 Attachment number 2 Page 42 of 50 Section III - General Conditions Work is acceptable subject to the provisions of this article. Otherwise, Owner's Representative will return the Application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application. If the Application and accompanying documentation are appropriate as to form and substance, the Owner shall, within twenty (20) days after receipt thereof pay contractor the amount recommended by Owner's Representative. 14.8 WAIVER OF CLAIMS The making and acceptance of final payment will constitute: a waiver of all claims by the Owner against Contractor, except claims arising from unsettled Liens, from defective Work appearing after final inspection, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and a waiver of all claims by Contractor against the Owner other than those previously made in writing and still unsettled. 15 SUSPENSION OF WORK AND TERMINATION 15.1 OWNER MAY SUSPEND THE WORK At any time and without cause, Owner's Representative may suspend the Work or any portion thereof for a period of not more than ninety (90) days by notice in writing to Contractor, which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes an approved claim therefore as provided in the articles for Change of Contract Price and Change of Contract Time. 15.2 OWNER MAY TERMINATE Upon the occurrence of any one or more of the following events; if Contractor persistently fails to perform the work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule as adjusted from time to time); if Contractor disregards Laws and Regulations of any public body having jurisdiction; if Contractor disregards the authority of Owner's Representative; if Contractor otherwise violates in any substantial way any provisions of the Contract Documents; or if the Work to be done under this Contract is abandoned, or if this Contract or any part thereof is sublet, without the previous written consent of the Owner, or if the Contract or any claim thereunder is assigned by Contractor otherwise than as herein specified, or at any time Owner's Representative certifies in writing to the Owner that the rate of progress of the Work or any part thereof is unsatisfactory or that the work or any part thereof is unnecessarily or unreasonably delayed. The Owner may, after giving Contractor (and the surety, if any), seven days' written notice and, to the extent permitted by Laws and Regulations, terminate the services of Contractor, exclude Contractor from the site and take possession of the Work and of all Contractor's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 39 of 47 1GM2W? 4 Attachment number 2 Page 43 of 50 Section III - General Conditions incorporate in the Work all materials and equipment stored at the site or for which the Owner has paid Contractor but which are stored elsewhere, and finish the Work as the Owner may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by the Owner arising out of or resulting from completing the Work such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to the Owner. Such claims, costs, losses and damages incurred by the Owner will be reviewed by Owner's Representative as to their reasonableness and when so approved by Owner's Representative incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph the Owner shall not be required to obtain the lowest price for the Work performed. Where Contractor's services have been so terminated by the Owner, the termination will not affect any rights or remedies of the Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by the Owner will not release Contractor from liability. Upon seven (7) days' written notice to Contractor and Owner's Representative, the Owner may, without cause and without prejudice to any other right or remedy of the Owner, elect to terminate the Agreement. In such case, Contractor shall be paid (without duplication of any items): for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and for reasonable expenses directly attributable to termination. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.3 CONTRACTOR MAY STOP WORK OR TERMINATE If, through, no act or fault of Contractor, the Work is suspended for a period of more than ninety (90) days by the Owner or under an order of court or other public authority, or the Owner's Representative fails to act on any Application for Payment within thirty (30) days after it is submitted or the Owner fails for thirty (30) days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven (7) days' written notice to the Owner and Owner's Representative, and provided the Owner or Owner's Representative does not remedy such suspension or failure within that time, terminate the Agreement and recover from the Owner payment on the same terms as provided in the article for the Owner May Terminate. However, if the Work is suspended under an order of court through no fault of Owner, the Contractor shall not be entitled to payment except as the Court may direct. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if Owner's Representative has failed to act on an Application for Payment within thirty (30) days after it is submitted, or the Owner has PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 40 of 47 1GM2W? 4 Attachment number 2 Page 44 of 50 Section III - General Conditions failed for thirty (30) days to pay Contractor any sum finally determined to be due, Contractor may upon seven (7) day's written notice to the Owner and Owner's Representative stop the Work until payment of all such amounts due Contractor. The provisions of this article are not intended to preclude Contractor from making claim under paragraphs for Change of Contract Price or Change of Contract Time or otherwise for expenses or damage directly attributable to Contractor's stopping Work as permitted by this article. 16 DISPUTE RESOLUTION If and to the extent that the Owner and Contractor have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure will proceed. If no such agreement on the method and procedure for resolving such disputes has been reached, subject to the provisions of the article for Decisions on Disputes, the Owner and Contractor may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute provided, however, that nothing herein shall require a dispute to be submitted to binding arbitration. 17 MISCELLANEOUS 17.1 SUBMITTAL AND DOCUMENT FORMS The form of all submittals, notices, change orders, pay applications, logs, schedules and other documents permitted or required to be used or transmitted under the Contract Documents shall be determined by the Owner's Representative subject to the approval of Owner. 17.2 GIVING NOTICE Whenever any provision of the Contract Documents requires the giving of written notice, notice will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.3 NOTICE OF CLAIM Should the Owner or Contractor suffer injury or damage to person or property because of any error, omission or any act of the other party or of any of the other party's officers, employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.4 PROFESSIONAL FEES AND COURT COSTS INCLUDED Whenever reference is made to "claims, costs, losses and damages," the phrase shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or other dispute resolution costs. PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 41 of 47 1GM2W? 4 Attachment number 2 Page 45 of 50 Section III - General Conditions 17.5 ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any rights thereunder without the approval of Owner, nor without the consent of surety unless the surety has waived its rights to notice of assignment. 17.6 RENEWAL OPTION Annual Contracts issued through the Engineering Department may be renewed for up to two (2) years, upon mutual consent of both the Owner and the Contractor/Vendor. All terms, conditions and unit prices shall remain constant unless otherwise specified in the contract specifications or in the Invitation to bid. Renewals shall be made at the sole discretion of the Owner, and must be agreed to in writing by both parties. All renewals are contingent upon the availability of funds, and the satisfactory performance of the Contractor as determined by the Construction Department. 18 ORDER AND LOCATION OF THE WORK The City reserves the right to accept and use any portion of the work whenever it is considered to the public interest to do so. The Engineer shall have the power to direct on what line or street the Contractor shall work and order thereof. 19 MATERIAL USED All material incorporated into the final work shall be new material unless otherwise approved by the Engineer. If requested by the Engineer, the Contractor shall furnish purchase receipts of all materials. 20 CONFLICT BETWEEN PLANS AND SPECIFICATIONS The various Contract Documents shall be given precedence, in case of conflict, error or discrepancy, as follows: Modifications, Contract Agreement, Addenda, Supplementary General Conditions, General Conditions, Supplementary Technical Specifications, Technical Specifications, Drawings. In a series of Modifications or Addenda the latest will govern. 21 OWNER DIRECT PURCHASE (ODP) OPTION The Owner reserves the right, when identified during the bidding process as part of the project's documents, to contract with the Contractor to purchase certain portions of materials identified in the project as a sales tax savings option in compliance with Florida Law since the Owner is exempt from payment of sales tax. The Contract price includes Florida sales and other applicable taxes for materials, supplies, and equipment, which will be a part of the Contractor's work. The Owner, being exempt from sales tax, reserves the right to make direct purchases of various construction materials included in the Contractor's contract. The Owner purchasing of construction materials, if selected, will be administered on a deductive Change Order basis. Additionally, Purchase Orders will include Owner's Certificate of Exemption number. See SECTION IV, ARTICLE 1.1 - SCOPE DESCRIPTION for ODP items included in the Contract Documents and the APPENDIX for ODP Documents. PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 42 of 47 1GM2W? 4 Attachment number 2 Page 46 of 50 Section III - General Conditions 22 RESIDENT NOTIFICATION OF START OF CONSTRUCTION 22.1 GENERAL The Contractor shall notify all residents along the construction route or within a 500-foot radius, unless stated otherwise in the Contract Documents, with a printed door hanger notice indicating the following information about the proposed construction work and the Contractor performing the work: City seal or logo; the scheduled date for the start of construction; the type of construction; general sequence and scheduling of construction events; possibility of water service disruption and/or colored water due to construction efforts; Contractor's name, the Superintendent's name, Contractor address and telephone number; Contractor's company logo (optional); requirement for residents to remove landscaping and/or other private appurtenances which are in conflict with the proposed construction; and other language as appropriate to the scope of Contract work. Sample door hanger including proposed language shall be approved by the City prior to the start of construction. Notification shall be printed on brightly colored and durable card stock and shall be a minimum of 4-1/4 by 11 inches in size. Notification (door hanger) shall be posted to residences and businesses directly affected by the Contractor's activities no later than seven (7) days prior to the start of construction activity. Directly affected by the Contractor's activities shall mean all Contractor operations including staging areas, equipment and material storage, principal access routes across private property, etc. Contractor cannot start without proper seven (7) day notice period to residents. Contractor is required to maintain sufficient staff to answer citizen inquiries during normal business hours and to maintain appropriate message recording equipment to receive citizen inquires after business hours. Resident notification by the Contractor is a non-specific pay item to be included in the bid items provided in the contract proposal. 22.2 EXAMPLE CITY SEAL Of CITY OF CLEARWATER NOTICE OF CONSTRUCTION TODAY'S DATE: PLEASE EXCUSE US FOR ANY INCONVENIENCE We are the construction contractor performing (state type of contract) for the City of Clearwater in your area. The work will be performed in the public right-of-way adjacent to your property. This notice is placed a minimum of seven (7) days in advance of construction to notify property owners of the pending start of construction. (Brief description of the construction process to be expected by the property owners) The construction process may necessitate the removal of certain items from the right-of-way. Typical items such as sprinklers, grass, and postal approved mailboxes will be replaced by the contractor within a reasonably short period of time. The replacement of driveways and sidewalks will be made using standard asphalt or concrete materials. The property owner is responsible for the expense and coordination to replace driveways and sidewalks which have customized colors, textures and/or materials. Small trees, shrubs, landscaping materials, unauthorized mailboxes or structures within the right-of-way which must be removed due to the construction process will not be replaced. The property owner is responsible to relocate any such items which the property PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 43 of 47 1GM2W? 4 Attachment number 2 Page 47 of 50 Section III - General Conditions owner wishes to save prior to the start of construction. Vehicles parked on the streets or within the right-of-way may be required to be placed elsewhere. We are available to answer any questions you may have regarding the construction process or any particular item that must be relocated. Please contact our Construction Superintendent at (727) . We will be more than happy to assist you. Construction is anticipated to begin on: Company Name Company Address Contractor Phone Number 23 PROJECT INFORMATION SIGNS 23.1 SCOPE AND PURPOSE The Owner desires to inform the general public on the Owner's use and expenditure of public funding for general capital improvement and maintenance projects. To help accomplish this purpose, the Contractor is required to prepare and display public project information signs during the full course of the contract period. These signs will be displayed at all location(s) of active work. Payment to Contractor for the preparation, installation and management of project sign(s) shall be included in the cost of the work. The number of and type of signs will be stated in SECTION IV, ARTICLE 1.1 - SCOPE DESCRIPTION. 23.2 TYPE OF PROJECT SIGN, FIXED OR PORTABLE Sign type shall be "fixed" on stationary projects and "portable" on projects which have extended locations or various locations. The particular wording to be used on the signs will be determined after contract award has been approved. Contractor will be provided the wording to be used on sign at the preconstruction conference. 23.3 FIXED SIGN Fixed sign shall be 4-foot by 6-foot (4'x6') in size and painted on a sheet of exterior grade plywood of the same size and a minimum thickness of 1/2-inches. Sign shall be attached to a minimum of two (2) 4-inch by 4-inch (4"x4") below grade pressure treated (P.T.) wooden posts and braced as necessary for high winds. Posts shall be long enough to provide secure anchoring in the ground. Bottom of sign must be a minimum of 24-inches above the ground. Alternate mounting system or attachment to fencing or other fixed structure can be considered for approval. Sign shall be painted white on both sides with exterior rated paint. 23.4 PORTABLE SIGNS Portable sign shall be a minimum of 24-inches by 30-inches (24"00") in size and will be attached to a standard sized portable traffic barricade. Sign material shall be aluminum, 0.080- inches or thicker, background of white reflective sheeting, and shall be silkscreen or vinyl lettering. Portable sign shall be two signs located and attached to each side of the traffic barricade. PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 44 of 47 1GM2W? 4 Attachment number 2 Page 48 of 50 Section III - General Conditions 23.5 SIGN COLORING Background shall be white. Project Descriptive Name shall be in blue lettering. All other lettering shall be black. Basic lettering on sign shall be in all capital letters, of size proportional to the sign itself. Each sign shall depict the City's sun and waves logo. The color of the sun shall be pantone yellow; the wave shall be process blue; and the text shall be black. 23.6 SIGN PLACEMENT Signs shall be placed where they are readily visible by the general public which pass by the project site. Signs are not to be placed where they may become a hazard or impediment to either pedestrian or vehicular traffic. For construction projects outside of the Owner's right-of-way, the signs will be placed on the project site. For projects constructed inside of the Owner's right-of- way, the signs will be placed in the right-of-way. Portable signs are to be moved to the locations of active work on the project. Multiple portable signs will be necessary where work is ongoing in several locations at the same time. Fixed signs are to be placed at the start of construction and will remain in place until the request for final payment. 23.7 SIGN MAINTENANCE The Contractor is responsible for preparation, installation, movement, maintenance, replacement, removal and disposal of all project signs during the full course of the contract period. The Contractor will place and secure portable signs from dislocation by wind or other actions. Signs are to be cleaned as necessary to maintain legibility and immediately replaced if defaced. 23.8 TYPICAL PROJECT SIGN PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 45 of 47 1GM2W? 4 Attachment number 2 Page 49 of 50 Section III - General Conditions 6 PROJECT NAME (CONTRACT NUMBER) (DEPARTMENT NAME) PROJECT r NCONTRACTOR: COMPLETION DATE: FUNDING: OWNER'S REPRESENTATIVE: LL Clearwater U 2'-3" 4"x4" P.T. - 2 Post (TYPO 2 2 N 24 AWARD OF CONTRACT, WORK SCHEDULE AND GUARANTEE It will be required that the work will commence not later than five (5) calendar days after the Engineer gives written notice to proceed (NTP), which notice shall be given as outlined in Article 2 of these General Conditions. It is further required that all work within this contract be completed within the indicated number of consecutive calendar days as determined in SECTION IV, ARTICLE 1.1 - SCOPE DESCRIPTION. Contract date to commence at issuance of notice to proceed. If the Contractor fails to complete the work within the stipulated time, the City will retain the amount stated in the Contract, per calendar day, for each day that the contract remains incomplete. The work shall be discontinued on Saturdays, Sundays, and approved Holidays. If it becomes necessary for the Contractor to perform work on Saturdays, Sundays, and approved City of Clearwater Employee Holidays, that in the opinion of the Engineer, will require the presence of Inspectors, the PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 46of47 1Gr fW?4 Attachment number 2 Page 50 of 50 Section III - General Conditions Contractor shall pay the City of Clearwater, Florida, the amount of Four Hundred Eighty Dollars ($480.00) per each eight-hour (8) day for each Inspector given such assignment. The Contractor shall remedy any defects in the work at his own expense and pay for any damage to other work resulting therefrom which appear within a period of one (1) year from the date of final acceptance. PDFConvertPROD.13658.1.Sectionlll-REV2.doc Page 47 of 47 1GM2W? 4 Attachment number 3 Page 1 of 153 SECTION IV TECHNICAL SPECIFICATIONS Table of Contents: 1 SCOPE OF WORK ........................................................................................................... 1 1.1 SCOPE DESCRIPTION ................................................................................................ . 1 1.2 SCOPE OF WORK CHECKLIST ................................................................................. . 3 2 FIELD ENGINEERING .................................................................................................. 4 2.1 LINE AND GRADE SHALL BE PERFORMED BY THE CONTRACTOR .............. . 4 2. 1.1 GRADES, LINES AND LEVELS ............................................................................ . 4 2. 1.2 LAYOUT DATA ...................................................................................................... . 5 2.2 LINE AND GRADE SHALL BE PERFORMED BY THE CITY ................................ . 5 3 DEFINITION OF TERMS ............................................................................................... 5 3.1 REFERENCE STANDARDS ........................................................................................ . 5 3.2 ABBREVIATIONS AND SYMBOLS .......................................................................... . 5 4 ORDER AND LOCATION OF THE WORK ................................................................ 7 5 EXCAVATION FOR UNDERGROUND WORK .......................................................... 7 6 CONCRETE ......................................................................................................................8 7 EXCAVATION AND FORMS FOR CONCRETE WORK .......................................... 8 7.1 EXCAVATION ............................................................................................................... .8 7.2 FORMS .......................................................................................................................... . 8 8 REINFORCEMENT .........................................................................................................9 8.1 BASIS OF PAYMENT .................................................................................................. . 9 9 OBSTRUCTIONS .............................................................................................................9 10 RESTORATION OR REPLACEMENT OF DRIVEWAYS, CURBS, SIDEWALKS AND STREET PAVEMENT ............................................................................................ 9 11 WORK IN EASEMENTS OR PARKWAYS ................................................................ 10 12 DEWATERING ............................................................................................................... 10 12.1 GENERAL .................................................................................................................... 10 12.2 PERMIT REQUIREMENTS ........................................................................................ 11 12.2.1 DEWATERING CONTROL .................................................................................... 11 12.2.2 GENERIC PERMIT FOR THE DISCHARGE OF PRODUCED GROUND WATER FROMANYNON-CONTAMINATED SITE ACTIVITY ............................ 11 13 SANITARY MANHOLES .............................................................................................. 13 13.1 BUILT UP TYPE .......................................................................................................... 13 13.2 PRECAST TYPE .......................................................................................................... 14 13.2.1 MANHOLE ADJUSTMENT RINGS (GRADE RINGS) ........................................ 14 13.3 DROP MANHOLES ..................................................................................................... 14 13.4 FRAMES AND COVERS ............................................................................................ 14 SectionIV.doc i iP61r ,( W f) 4 Attachment number 3 Page 2 of 153 13.5 MANHOLE COATINGS .............................................................................................. 15 13.6 CONNECTIONS TO MANHOLES ............................................................................. 15 14 BACKFILL ...................................................................................................................... 15 15 STREET CROSSINGS, ETC ........................................................................................ 15 16 RAISING OR LOWERING OF SANITARY SEWER, STORM DRAINAGE STRUCTURES ................................................................................................................ 15 16.1 BASIS OF PAYMENT ................................................................................................. 16 17 UNSUITABLE MATERIAL REMOVAL ..................................................................... 16 17.1 BASIS OF MEASUREMENT ...................................................................................... 16 17.2 BASIS OF PAYMENT ................................................................................................. 16 18 UNDERDRAINS ............................................................................................................. 16 18.1 BASIS OF MEASUREMENT ...................................................................................... 17 18.2 BASIS OF PAYMENT ................................................................................................. 17 19 STORM SEWERS .......................................................................................................... 17 19.1 AS BUILT INFORMATION ......................................................................................... 17 19.2 TESTING ...................................................................................................................... 17 19.3 BASIS OF PAYMENT ................................................................................................. 18 20 SANITARY SEWERS AND FORCE MAINS .............................................................. 18 20.1 MATERIALS ................................................................................................................ 18 20.1.1 GRAVITYSEWER PIPE ........................................................................................ 18 20.1.2 FORCE MAIN PIPE ............................................................................................. 18 20.2 INSTALLATION .......................................................................................................... 18 20.2.1 GRAVITYSEWER PIPE ........................................................................................ 18 20.2.2 FORCE MAIN PIPE ............................................................................................. 19 20.3 AS BUILT DRAWINGS ............................................................................................... 19 20.4 TESTING ...................................................................................................................... 19 20.4.1 TESTING OF GRAVITYSEWERS ........................................................................ 19 20.4.2 TESTING OF FORCE MAINS .............................................................................. 20 20.5 BASIS OF PAYMENT ................................................................................................. 20 20.5.1 GRAVITYSEWER PIPE ........................................................................................ 20 20.5.2 FORCE MAIN PIPE ............................................................................................. 20 21 DRAINAGE ..................................................................................................................... 20 22 ROADWAY BASE AND SUBGRADE .......................................................................... 20 22.1 BASE ............................................................................................................................ 20 22.1.1 BASIS OF MEASUREMENT FOR BASE AND REWORKED BASE ................... 22 22.1.2 BASIS OF PAYMENT FOR BASE AND REWORKED BASE ............................... 22 22.2 SUBGRADE ................................................................................................................. 22 22.2.1 BASIS OF MEASUREMENT ................................................................................ 23 22.2.2 BASIS OF PAYMENT ............................................................................................ 23 23 ASPHALTIC CONCRETE MATERIALS ................................................................... 23 23.1 ASPHALTIC CONCRETE ........................................................................................... 23 SectionIV.doc ii I p81 (2W fl 4 Attachment number 3 Page 3 of 153 23.1.1 AGGREGATE ........................................................................................................ 23 23.1.2 BITUMINOUS MATERIALS ................................................................................. 23 23.2 HOT BITUMINOUS MIXTURES - PLANT, METHODS, EQUIPMENT & QUALITY ASSURANCE ............................................................................................ 23 23.3 ASPHALT MIX DESIGNS AND TYPES .................................................................... 24 23.4 ASPHALT PAVEMENT DESIGNS AND LAYER THICKNESS ............................... 24 23.5 GENERAL CONSTRUCTION REQUIREMENTS .................................................... 25 23.6 CRACKS AND POTHOLE PREPARATION .............................................................. 25 23.6.1 CRACKS ................................................................................................................ 25 23.6.2 POTHOLES ........................................................................................................... 25 23.7 ADJUSTMENT OF MANHOLES ............................................................................... 26 23.8 ADDITIONAL ASPHALT REQUIREMENTS ............................................................ 26 23.9 SUPERPAVE ASPHALTIC CONCRETE .................................................................... 27 23.10 BASIS OF MEASUREMENT ...................................................................................... 27 23.11 BASIS OF PAYMENT ................................................................................................. 27 24 ADJUSTMENT TO THE UNIT BID PRICE FOR ASPHALT .................................. 28 25 GENERAL PLANTING SPECIFICATIONS .............................................................. 28 25.1 IRRIGATION ................................................................................................................ 28 25.1.1 DESCRIPTION ..................................................................................................... 28 25.1.2 PRODUCTS .......................................................................................................... 30 25.1.3 EXECUTION ......................................................................................................... 34 25.2 LANDSCAPE ............................................................................................................... 37 25.2.1 GENERAL ............................................................................................................. 37 25.2.2 PRODUCTS .......................................................................................................... 42 25.2.3 EXECUTION ......................................................................................................... 45 26 HDPE DEFORMED - REFORMED PIPE LINING ................................................... 52 26.1 INTENT ........................................................................................................................ 52 26.2 PRODUCT AND CONTRACTOR/INSTALLER ACCEPTABILITY ........................ 52 26.3 MATERIALS ................................................................................................................ 52 26.4 CLEANING/SURFACE PREPARATION .................................................................... 53 26.5 TELEVISION INSPECTION ....................................................................................... 53 26.6 LINER INSTALLATION ............................................................................................. 54 26.7 LATERAL RECONNECTION ..................................................................................... 54 26.8 TIME OF CONSTRUCTION ....................................................................................... 54 26.9 PAYMENT .................................................................................................................... 54 27 PLANT MIX DRIVEWAYS ........................................................................................... 54 27.1 BASIS OF MEASUREMENT ...................................................................................... 55 27.2 BASIS OF PAYMENT ................................................................................................. 55 28 REPORTING OF TONNAGE OF RECYCLED MATERIALS ................................ 55 29 CONCRETE CURBS ..................................................................................................... 55 29.1 BASIS OF MEASUREMENT ...................................................................................... 55 29.2 BASIS OF PAYMENT ................................................................................................. 55 30 CONCRETE SIDEWALKS AND DRIVEWAYS ......................................................... 55 SectionIV.doc iii I p81 (2W fl 4 Attachment number 3 Page 4 of 153 30.1 CONCRETE SIDEWALKS .......................................................................................... 55 30.2 CONCRETE DRIVEWAYS ......................................................................................... 56 30.3 BASIS OF MEASUREMENT ...................................................................................... 56 30.4 BASIS OF PAYMENT ................................................................................................. 56 31 SODDING ........................................................................................................................56 32 SEEDING .........................................................................................................................57 33 STORM MANHOLES, INLETS, CATCH BASINS OR OTHER STORM STRUCTURES ................................................................................................................ 57 33.1 BUILT UP TYPE STRUCTURES ................................................................................ 57 33.2 PRECAST TYPE .......................................................................................................... 58 33.3 BASIS OF PAYMENT ................................................................................................. 58 34 MATERIAL USED ......................................................................................................... 58 35 CONFLICT BETWEEN PLANS AND SPECIFICATIONS ...................................... 58 36 STREET SIGNS .............................................................................................................. 58 37 AUDIO/VIDEO RECORDING OF WORK AREAS .................................................. 58 37.1 CONTRACTOR TO PREPARE AUDIO/VIDEO RECORDING ................................ 58 37.2 SCHEDULING OF AUDIO/VIDEO RECORDING ................................................... 58 37.3 PROFESSIONAL VIDEOGRAPHERS ....................................................................... 59 37.4 EQUIPMENT ............................................................................................................... 59 37.5 RECORDED INFORMATION, AUDIO ...................................................................... 59 37.6 RECORDED INFORMATION VIDEO ....................................................................... 59 37.7 VIEWER ORIENTATION ............................................................................................ 59 37.8 LIGHTING ................................................................................................................... 60 37.9 SPEED OF TRAVEL .................................................................................................... 60 37.10 VIDEO LOG/INDEX ................................................................................................... 60 37.11 AREA OF COVERAGE ............................................................................................... 60 37.12 COSTS OF VIDEO SERVICES ................................................................................... 60 38 EROSION AND SILTATION CONTROL ................................................................... 60 38.1 STABILIZATION OF DENUDED AREAS ................................................................. 60 38.2 PROTECTION AND STABILIZATION OF SOIL STOCKPILES ............................. 61 38.3 PROTECTION OF EXISTING STORM SEWER SYSTEMS .................................... 61 38.4 SEDIMENT TRAPPING MEASURES ........................................................................ 61 38.5 SEDIMENTATION BASINS ....................................................................................... 61 38.6 WORKING IN OR CROSSING WATERWAYS OR WATERBODIES ...................... 61 38.7 SWALES, DITCHES AND CHANNELS .................................................................... 62 38.8 UNDERGROUND UTILITY CONSTRUCTION ....................................................... 62 38.9 MAINTENANCE ......................................................................................................... 62 38.10 COMPLIANCE ............................................................................................................. 62 39 UTILITY TIE IN LOCATION MARKING ................................................................. 65 40 AWARD OF CONTRACT, WORK SCHEDULE AND GUARANTEE .................... 65 41 POTABLE WATERMAINS, RECLAIMED WATERMAINS AND APPURTENANCES ....................................................................................................... 65 SectionIV.doc iv I p81 (2W fl 4 Attachment number 3 Page 5 of 153 41 .1 SCOPE .......................................................................................................................... 65 41 .2 MATERIALS ................................................................................................................ 66 41.2.1 GENERAL ............................................................................................................. 66 41.2.2 PIPE MATERIALS AND FITTINGS ..................................................................... 66 41.2.3 GATE VALVES ...................................................................................................... 68 41.2.4 VALVE BOXES ...................................................................................................... 68 41.2.5 HYDRANTS ........................................................................................................... 69 41.2.6 SERVICE SADDLES ............................................................................................. 70 41.2.7 TESTS, INSPECTIONAND REPAIRS .................................................................. 70 41.2.8 BACKFLOW PREVENTERS ................................................................................ 70 41.2.9 TAPPING SLEEVES ............................................................................................. 71 41.2.10 BLOW OFF HYDRANTS ...................................................................................... 71 41 .3 CONSTRUCTION ........................................................................................................ 71 41.3.1 MATERIAL HANDLING ....................................................................................... 71 41.3.2 PIPE LAYING ....................................................................................................... 71 41.3.3 SETTING OF VALVES, HYDRANTS AND FITTINGS ......................................... 73 41.3.4 CONNECTIONS TO EXISTING LINES ............................................................... 73 41 .4 TESTS ........................................................................................................................... 74 41.4.1 HYDROSTATIC TESTS ......................................................................................... 74 41.4.2 NOTICE OF TEST ................................................................................................ 74 41 .5 STERILIZATION ......................................................................................................... 74 41.5.1 STERILIZING AGENT .......................................................................................... 74 41.5.2 FL USHING SYSTEM ............................................................................................ 74 41.5.3 STERILIZATION PROCEDURE .......................................................................... 74 41.5.4 RESIDUAL CHLORINE TESTS ............................................................................ 75 41.5.5 BACTERIAL TESTS .............................................................................................. 75 41 .6 ME ASUREMENT AND PAYMENT ........................................................................... 75 41.6.1 GENERAL ............................................................................................................. 75 41.6.2 FURNISHAND INSTALL WATER MAINS ........................................................... 76 41.6.3 FURNISH AND INSTALL FITTINGS ................................................................... 76 41.6.4 FURNISH AND INSTALL GATE VALVES COMPLETE WITH BOXES AND CO VERS ................................................................................................................ 76 41.6.5 FURNISH AND INSTALL FIRE HYDRANTS ....................................................... 76 42 GAS SYSTEM SPECIFICATIONS .............................................................................. 77 43 TENNIS COURTS .......................................................................................................... 77 43.1 PAVED TENNIS COURTS .......................................................................................... 77 43.1.1 SOIL TREATMENTS ............................................................................................. 77 43.1.2 BASE COURSE ..................................................................................................... 77 43.1.3 PRIME COAT ....................................................................................................... 77 43.1.4 LEVELING COURSE ............................................................................................ 77 43.1.5 SURFACE COURSE ............................................................................................. 77 43.1.6 COLOR COAT ...................................................................................................... 78 43.2 CL AY TENNIS COURTS ............................................................................................ 79 43.2.1 GENERAL ............................................................................................................. 79 43.2.2 SITE PREPARATION ............................................................................................ 80 43.2.3 SLOPE ................................................................................................................... 80 43.2.4 BASE CONSTRUCTION ....................................................................................... 81 SectionIV.doc v iP61r,( Wfl4 Attachment number 3 Page 6 of 153 43.2. 5 PERIMETER CURBING ....................................................................................... 81 43.2.6 SURFACE COURSE ............................................................................................. 81 43.2.7 ROOT BARRIER ................................................................................................... 81 43.2.8 FENCING ............................................................................................................. 82 43.2.9 WINDSCREENS .................................................................................................... 82 43.2.10 COURT EQUIPMENT .......................................................................................... 82 43.2.11 SHADE STRUCTURE ........................................................................................... 84 43.2.12 WATER SOURCE (Potable) .................................................................................. 84 43.2.13 CONCRETE .......................................................................................................... 84 43.2.14 EXISTING SPORT TENNIS COURT LIGHTING ................................................ 84 43.2.1 5 WATER COOLER ................................................................................................. 85 43.2.16 DEMONSTRATION .............................................................................................. 85 43.2.17 WARRANTY ........................................................................................................... 85 44 WORK ZONE TRAFFIC CONTROL ......................................................................... 86 44.1 CONTRACTOR RESPONSIBLE FOR WORK ZONE TRAFFIC CONTROL ......... 86 44.2 WORK ZONE TRAFFIC CONTROL PLAN .............................................................. 86 44.2.1 WORK ZONE SAFETY ......................................................................................... 86 44.3 ROADWAY CLOSURE GUIDELINES ....................................................................... 87 44.3.1 ALL ROADWAYS ................................................................................................... 87 44.3.2 MAJOR ARTERIALS, MINOR ARTERIALS, LOCAL COLLECTORS ................. 87 44.3.3 MAJOR ARTERIALS, MINOR ARTERIALS ......................................................... 87 44.3.4 MAJOR ARTERIALS ............................................................................................. 87 44.4 APPROVAL OF WORK ZONE TRAFFIC CONTROL PLAN ................................... 87 44.5 INSPECTION OF WORK ZONE TRAFFIC CONTROL OPERATION .................... 88 44.6 PAYMENT FOR WORK ZONE TRAFFIC CONTROL ............................................. 88 44.7 CERTIFICATION OF WORK ZONE TRAFFIC CONTROL SUPERVISOR............ 88 45 CURED-IN-PLACE PIPE LINING .............................................................................. 88 45.1 INTENT ........................................................................................................................ 88 45.2 PRODUCT AND CONTRACTOR/INSTALLER ACCEPTABILITY ........................ 89 45.3 MATERIALS ................................................................................................................ 89 45.4 CLEANING/SURFACE PREPARATION .................................................................... 89 45.5 TELEVISION INSPECTION ....................................................................................... 90 45.6 LINER INSTALLATION ............................................................................................. 90 45.7 LATERAL RECONNECTION ..................................................................................... 90 45.8 TIME OF CONSTRUCTION ....................................................................................... 90 45.9 PAYMENT .................................................................................................................... 90 46 SPECIFICATIONS FOR POLYETHYLENE SLIPLINING ..................................... 91 46.1 MATERIALS ................................................................................................................ 91 46.1.1 PIPE AND FITTINGS ........................................................................................... 91 46.1.2 QUALITYCONTROL ........................................................................................... 91 46.1.3 SAMPLES .............................................................................................................. 91 46.1.4 REJECTION .......................................................................................................... 91 46.2 PIPE DIMENSIONS ..................................................................................................... 91 46.3 CONSTRUCTION PRACTICES ................................................................................. 92 46.3.1 HANDLING OF PIPE ........................................................................................... 92 46.3.2 REPAIR OF DAMAGED SECTIONS .................................................................... 92 SectionIV.doc vi I p81 (2W fl 4 Attachment number 3 Page 7 of 153 46.3.3 PIPE JOINING ..................................................................................................... 92 46.3.4 HANDLING OF FUSED PIPE ............................................................................. 92 46.4 SL IPLINING PROCEDURE ........................................................................................ 92 46.4.1 PIPE REQUIREMENTS AND DIMENSIONS ...................................................... 92 46.4.2 CLEANING AND INSPECTION ........................................................................... 92 46.4.3 INSERTION SHAFT AND EXCAVATIONS .......................................................... 93 46.4.4 INSERTION OF THE LINER ................................................................................ 93 46.4.5 CONFIRMATION OF PIPE SIZES ...................................................................... 93 46.4.6 UNDERDRAIN CONNECTIONS IF REQUIRED ................................................ 93 46.4.7 BACKFILLING ..................................................................................................... 94 46.4.8 POINT REPAIR ..................................................................................................... 94 46.4.9 CLEAN UP OPERATIONS ................................................................................... 94 47 SPECIFICATIONS FOR POLYVINYL CHLORIDE RIBBED PIPE ...................... 94 47.1 SCOPE .......................................................................................................................... 94 47.2 MATERIALS ................................................................................................................ 94 47.3 PIPE .............................................................................................................................. 94 47.4 JOINING SYSTEM ...................................................................................................... 95 47.5 FITTINGS ..................................................................................................................... 95 48 GUNITE SPECIFICATIONS ........................................................................................ 95 48.1 PRESSURE INJECTED GROUT ................................................................................ 95 48.2 REHABILITATION OF CORRUGATED METAL PIPE WITH GUNITE ................. 95 48.3 COMPOSITION ........................................................................................................... 95 48.4 STRENGTH REQUIREMENTS .................................................................................. 96 48.5 MATERIALS ................................................................................................................ 96 48.6 WATER ......................................................................................................................... 96 48.7 REINFORCEMENT ..................................................................................................... 96 48.8 STORAGE OF MATERIALS ....................................................................................... 96 48.9 SURFACE PREPARATION ......................................................................................... 97 48.10 PROPORTIONING ....................................................................................................... 97 48.11 MIXING ........................................................................................................................ 97 48.12 APPLICATION ............................................................................................................. 97 48.13 CONSTRUCTION JOINTS ......................................................................................... 98 48.14 SURFACE FINISH ....................................................................................................... 98 48.15 CURING ....................................................................................................................... 98 48.16 ADJACENT SURFACE PROTECTION ..................................................................... 98 48.17 INSPECTION ............................................................................................................... 99 48.18 EQUIPMENT ............................................................................................................... 99 49 SANITARY AND STORM MANHOLE LINER RESTORATION ......................... 100 49.1 SCOPE AND INTENT ............................................................................................... 100 49.2 PAYMENT .................................................................................................................. 100 49.3 FIBERGLASS LINER PRODUCTS .......................................................................... 100 49.3.1 MATERIALS ........................................................................................................100 49.3.2 INSTALLATIONAND EXECUTION .................................................................. 101 49.4 STRONG SEAL MS-2 LINER PRODUCT SYSTEM .............................................. 101 49.4.1 MATERIALS ........................................................................................................102 49.5 INFILTRATION CONTROL ...................................................................................... 102 SectionIV.doc vii iP61r (2}F fl 4 Attachment number 3 Page 8 of 153 49.6 GROUTING MIX ....................................................................................................... 102 49.7 LINER MIX ................................................................................................................ 102 49.8 WATER ....................................................................................................................... 103 49.9 OTHER MATERIALS ................................................................................................ 103 49.10 EQUIPMENT ............................................................................................................. 103 49.11 INSTALLATION AND EXECUTION ....................................................................... 103 49.11.1 PREPARATION ................................................................................................... 103 49.11.2 MIXING ............................................................................................................... 104 49.11.3 SPRAYING .......................................................................................................... 104 49.11.4 PRODUCT TESTING ......................................................................................... 104 49.11.5 CURING .............................................................................................................. 104 49.11.6 MANHOLE TESTING AND ACCEPTANCE ...................................................... 105 49.12 INNERLINE ENVIRONMENTAL SERVICES LINER PRODUCT SYSTEM ....... 105 49.12.1 SCOPE ................................................................................................................ 105 49.12.2 MATERIALS ........................................................................................................ 105 49.12.3 INSTALLATIONAND EXECUTION .................................................................. 107 50 PROJECT INFORMATION SIGNS .......................................................................... 109 51 IN-LINE SKATING SURFACING SYSTEM ............................................................ 109 51.1 SCOPE ........................................................................................................................ 109 51.2 SURFACE PREPARATIONS ..................................................................................... 110 51.2.1 ASPHALT ............................................................................................................. 110 51.2.2 CONCRETE ......................................................................................................... 110 51.2.3 COURT PATCH BINDER MIX ............................................................................ 110 51.3 APPLICATION OF ACRYLIC FILLER COAT ......................................................... 110 51.4 APPLICATION OF FORTIFIED PLEXIPAVE ........................................................... 111 51.5 PLEXIFLOR APPLICATION ..................................................................................... 111 51.6 PLAYING LINES ........................................................................................................ 111 51.7 GENERAL ................................................................................................................... 111 51.8 LIMITATIONS ............................................................................................................ 111 52 RESIDENT NOTIFICATION OF START OF CONSTRUCTION .......................... 112 53 GABIONS AND MATTRESSES .................................................................................. 112 53.1 MATERIAL ................................................................................................................ 112 53.1.1 GABIONAND RENO MATTRESS MATERIAL ................................................... 112 53.1.2 GABIONAND MATTRESS FILLER MATERIAL :............................................... 114 53.1.3 MATTRESS WIRE ................................................................................................ 115 53.1.4 GEOTEXTILE FABRIC ........................................................................................ 115 53.2 PERFORMANCE ....................................................................................................... 115 54 LAWN MAINTENANCE SPECIFICATIONS ........................................................... 116 54.1 SCOPE ........................................................................................................................ 116 54.2 SCHEDULING OF WORK ........................................................................................ 116 54.3 WORK METHODS .................................................................................................... 117 54.3.1 MAINTENANCE SCHEDULING ........................................................................ 117 54.3.2 DUTIES PER SERVICE VISIT ............................................................................ 117 54.4 LITTER ....................................................................................................................... 117 54.5 VISUAL CHECK ....................................................................................................... 117 SectionIV.doc viii iP61r ,( W f) 4 Attachment number 3 Page 9 of 153 54.6 PLANT TRIMMING AND PALM PRUNING .......................................................... 117 54.7 PHOENIX SPECIES (CANARY DATE, INDIA DATE, PYGMY DATE, ETC.)..... 117 54.8 DEBRIS REMOVAL .................................................................................................. 117 54.9 TRAFFIC CONTROL ................................................................................................ 118 54.10 PEDESTRIAN SAFETY ............................................................................................ 118 54.11 PLANT FERTILIZATION .......................................................................................... 118 54.12 WEED REMOVAL IN LANDSCAPED AREA ......................................................... 118 54.13 MULCH CONDITION ............................................................................................... 118 54.14 IRRIGATION SERVICE AND REPAIR .................................................................... 118 54.15 LAWN AND ORNAMENTAL PEST CONTROL ..................................................... 118 54.16 PALM FERTILIZATION ............................................................................................ 118 54.17 FREEZE PROTECTION ............................................................................................ 119 54.18 LEVEL OF SERVICE ................................................................................................. 119 54.19 COMPLETION OF WORK ....................................................................................... 119 54.20 INSPECTION AND APPROVAL .............................................................................. 119 54.21 SPECIAL CONDITIONS ........................................................................................... 119 55 MILLING OPERATIONS ........................................................................................... 120 55.1 EQUIPMENT, CONSTRUCTION & MILLED SURFACE ...................................... 120 55.2 ADDITIONAL MILLING REQUIREMENTS .......................................................... 120 55.3 SALVAGEABLE MATERIALS ................................................................................. 121 55.4 DISPOSABLE MATERIALS ..................................................................................... 121 55.5 ADJUSTMENT AND LOCATION OF UNDERGROUND UTILITIES .................. 121 55.6 ADJUSTMENT OF UTILITY MANHOLES ............................................................ 121 55.7 TYPES OF MILLING ................................................................................................ 121 55.8 MILLING OF INTERSECTIONS .............................................................................. 122 55.9 BASIS OF MEASUREMENT .................................................................................... 122 55.10 BASIS OF PAYMENT ............................................................................................... 122 56 CLEARING AND GRUBBING ................................................................................... 122 56.1 BASIS OF MEASUREMENT .................................................................................... 122 56.2 BASIS OF PAYMENT ............................................................................................... 122 57 RIPRAP ......................................................................................................................... 122 57.1 BASIS OF MEASUREMENT .................................................................................... 122 57.2 BASIS OF PAYMENT ............................................................................................... 123 58 TREATMENT PLANT SAFETY ................................................................................ 123 58.1 HAZARD POTENTIAL ............................................................................................. 123 58.2 REQUIRED CONTRACTOR TRAINING ................................................................ 123 59 TRAFFIC SIGNAL EQUIPMENT AND MATERIALS ........................................... 123 59.1 BASIS OF MEASUREMENT AND PAYMENT ....................................................... 124 60 SIGNING AND MARKING ......................................................................................... 124 60.1 BASIS OF MEASUREMENT AND PAYMENT ....................................................... 124 61 ROADWAY LIGHTING .............................................................................................. 124 61.1 BASIS OF MEASUREMENT AND PAYMENT ....................................................... 124 SectionIV.doc A i P61rYWfl 4 Attachment number 3 Page 10 of 153 62 TREE PROTECTION .................................................................................................. 125 62.1 TREE BARRICADES ................................................................................................ 125 62.2 ROOT PRUNING ....................................................................................................... 125 62.3 PROPER TREE PRUNING ........................................................................................ 126 63 PROJECT WEB PAGES .............................................................................................. 127 63.1 WEB PAGES DESIGN ............................................................................................... 127 63.2 WEB ACCESSIBILITY GUIDELINES ..................................................................... 127 63.3 THE SUN AND WAVES LOGO AND ITS USE ....................................................... 127 63.4 MAPS AND GRAPHICS ........................................................................................... 128 63.5 INTERACTIVE FORMS ............................................................................................ 128 63.6 POSTING .................................................................................................................... 128 63.7 WEB PAGES UPDATES ............................................................................................ 128 SectionIV.doc x iP61r,( WQ 4 Attachment number 3 Page 11 of 153 Section IV - Technical Specifications 1 SCOPE OF WORK 1.1 SCOPE DESCRIPTION Project Name: DESIGN & CONSTRUCTION OF A COMPRESSED NATURAL GAS FILLING STATION Project Number: RPF 27-10 Scope of Work: Construct Compressed Natural Gas (CNG) filling station on Hercules Ave, based on Cardno, TBE 100% design plans sheets, as listed below (project # ST 106548). C-1 Cover Sheet C-2 Aerial Exhibit C-3 General Notes C-4 Stormwater Pollution Prevention Plan C-5 Demolition Plan C-6 Site/Horizontal Control Plan C-7 Paving, Grading, Drainage Plan and Utility Plan C-8 Erosion Control Details C-9 Site Details C-10 Paving, Grading, and Drainage Details C-11 Utility Details L-1 Landscape Plan L-2 Landscape Notes L-3 Landscape Details SV-1 Survey SV-2 Survey Construction Activities: 1. Pre-Construction Meeting with Project Owner 2. Weekly On-Site Meeting with Project Owner's representative 3. Develop a 24-Week Schedule from NOC / Permit Approval 4. Erosion control (silt fence, BMP...) (sheet C-8) 5. Soil Boring Tests/Soil Compacting Tests/Concrete Cylinders Tests / Concrete slump /strength tests by a 3rd party engineering/testing company; 6. Demolition plans (sheet C-5) 7. Site work, grading, and retention pond (sheet C-7) 8. Traffic Control / MOT 9. Dust Control SectionlV.doc Page I of 127 JP61r?2Wf14 Attachment number 3 Page 12 of 153 Section IV - Technical Specifications 10. All underground/ above ground concrete works that are necessary to complete a CNG fueling station as shown on the plans; e.g., footing that are sized to support the 54'x 68' canopy with 20' clearance from drive slab 11. Asphalt paving as shown on the plans (sheet C-10) 12. Furnish and install one standard 54' by 68' canopy with six (6) steel columns with full length PVC drains; 20-gauge x 16" wide embossed pre-finished white galvume decking with 16 gauge galvanized brackets; up to 18 LSI Scottsdale 240 Watt fixtures 13. Hook up weather proof electrical panels and gears to wire/interconnect all equipments (compressors, emergency generator, card reader(s), pumps 14. Painting/striping/marking of traffic directions 15. Fence as per plans or as required if concrete pad is bigger 16. All underground / above-ground gas piping (from the meter to the final connections; street piping/gate valve to meter connection are by local gas company) 17. Coordinate with Cardno TBE Engineering to complete the final permit set of plans 18. GC will provide as-built plans at the end of project and Cardno TBE Engineering will certify the as-built plans as completion of the project 19. GC will obtain all final approvals and inspection certifications as part of close out documents; The Contractor shall provide 1 fixed {Fixed/Portable} project signs as described in SECTION III, ARTICLE 23 of the Contract Documents. The final number of project signs will be determined at the beginning of the project based on the Contractor's schedule of work submitted for approval. Additional project signs may be required above the indicated amount due to the Contractor's schedule of work, which will be provide at no additional cost to the Owner. List ODP Items to be included in the Contract Document. CONTRACT PERIOD: 180 CONSECUTIVE CALENDAR DAYS SectionlV.doc Page 2 of 127 JP61r?2Wf14 Attachment number 3 Page 13 of 153 Item: Price 1. Gazpack 70 Compression Module (5470) (Qty 1) $ 480,000.00 Arranged for Gas Engine Drive, Natural Gas Powered 1000 SCFM @ 251 psi inlet pressure or 639 SCFM @ 100 psi inlet pressure *** Option for Electric Units available upon request Detailed Specifications Listed on Page 2 2. Refurbished TCM Backup Compressor (Qty 1) $ 100,000.00 250-350 SCFM @ 100psi Detailed Specifications Listed on Page 7 3. Dual Hose Bus Fueling Dispenser (Qty 2 @ $45,487.00 each) $ 90,974.00 Twin High Hose Stand Alone Bus CNG Fueling Dispenser Detailed Specifications Listed on Page 8 4. Dual Hose Car Dispenser (Qty 1) $ 44,137.00 Twin High Hose Stand Alone Bus CNG Fueling Dispenser Detailed Specifications Listed on Page 9 5. High-Pressure Tubing $ 10,000.00 Stainless Steel Tubing meeting NFPA-52 Requirements Detailed Specifications Listed on Page 10 6. FuelMaster 2500 Plus Card Reader System (Qty 2 @ $ 17,500.00 each) $ 35,000.00 Detailed Specifications Listed on Page 11 7. ASME CNG Storage Spheres (Qty 3 @ $36,000) $ 108,000.00 Detailed Specifications Listed on Page 12 8. QT025 Liquid Cooled Gas Engine Generator Set (Qty 1) $ 15,000.00 Detailed Specifications Listed on Page 13 9. Technical Labor for Equipment Installation $ 50,000.00 10. Construction/Site Work $ 563,037.00 Total: $ 1,496,148.00 Proposal for the Design & Construction of a Compressed Natural Gas Filling Station City of Clearwater, Florida RFP NO. 27-10 Item # 14 Attachment number 3 Page 14 of 153 11 lyl NO. DESCRIPTION 1 azac 7 Compression Module (5470) Initial Design: Based on initial information available at this time, Caterpillar engines would propose the G3412 gas engine for this particular application, as this will provide sufficient power at the required direct coupled speed of 1500 rpm (max). There would need to be finalized design work to establish engine and compressor compatibility and there would need to be a decision from a user perspective as to whether a standard gas engine or Class 1, Div 2 Group D classified engine is required for the project. General Data: Compressor Type: Type of Cooling: Compression Stages: No. of Cylinders: Cylinder Configuration: Maximum Intake Temperature Drive mode: Comaressor Performance Data: Pressure at Compressor Inlet: Compressor Working Pressure: Compressor Speed rpm: Compressor Capacity: Recommended Prime Mover Power: Cvlinder Confiauration: 1 st Stage 2nd Stage 3rd Stage Stroke Oil Lubricated, Reciprocating Piston Air cooled 3 6 "W" Configuration +45°C Direct Drive 261 psig (18 barg) 3625 psig (250 barg) 1475 rpm (nominal) 1029 scfm (measured 1.013 barAbs and 20°C) 355 HP 2 x 80 mm double acting 2 x 58 mm single acting 2 x 40 mm single acting 80 mm Proposal for the Design & Construction of a Compressed Natural Gas Filling Station City of Clearwater, Florida RFP NO. 27-10 Item # 14 Attachment number 3 Page 15 of 153 Proposed Equipment Specification Breakdown Item No. Proposed Equipment 1 Gazpack 70 Compressor unit to the specifications below. Unit will be packaged into an open baseplate module General Specification and description of Gazpack 70 Compression Module (5470): The model 5470 is a multi-stage air cooled compressor designed and manufactured by CompAir UK Ltd (Reavell) who are accredited with IS09001 approval by Lloyd's Register Quality Assurance Limited. The design conforms to international standards and utilizes advanced concentric inlet and outlet valves developed specifically for Natural Gas. Each compressor pressurized component is subject to a hydraulic proving test and the final assembly is performance tested and certified. State of the art technology is applied to the piston ring design to ensure reliability and oil control with polymer rings fitted to the final stage. Low compression ratios are achieved with three, four or five stage compressors, dependant on the gas supply pressure, to ensure lower stage gas temperatures and therefore optimum efficiency resulting in reduced wear. "W" cylinder configuration offers low out of balance forces and reduced transmitted vibration and reduces the need for special foundations. General Features: Gas tight crankcase at stated inlet pressure Compressor flywheel half coupling Inter-stage coolers for all stages Final cooler Oil pump, Oil filter & Oil Pressure Gauge Oil cooler Gas tight Oil filling system Crankcase breather piped back to suction Oil/moisture separators appropriate for selected cylinder configuration Automatic condensate drain system for all separators to remove oil/moisture periodically and ease starting Compressor instrumentation/protection devices including: ¦ Inlet pressure gauge ¦ High inlet pressure protection switch ¦ Low inlet pressure protection switch ¦ Compressor stage pressure gauges Proposal for the Design & Construction of a Compressed Natural Gas Filling Station City of Clearwater, Florida RFP NO. 27-10 Item # 14 Attachment number 3 Page 16 of 153 ¦ Combined temperature indicators and cut-out switches for each compression cylinder ¦ High pressure protection switches on each compression stage ¦ Low oil level protection switch in compressor sump ¦ Low oil pressure protection switch Separator drain valves piped to collection drain block suitable for connection to the gas recovery system Safety relief valves on and each stage of compression, connected to common manifold suitable to allow dispersion of gas via a vent stack Interconnecting pipe-work between cylinders, coolers and separators Item No. Proposed Equipment 2 Drive Arrangement, configured for the fitting of the gas engine drive For this project the request is for the GP70 unit to be driven by a natural gas engine which will be provided and installed. Item No. Proposed Equipment 3 Gas Inlet Train General Specification and description of gas inlet train: Main gas inlet connection point: Flanged connection Inlet low pressure piping: Carbon steel pipe and suitable fittings for natural gas duty Inlet manual isolating valve: To allow manual isolation of the NGV system from supply mains. Inlet filter: Inlet filter installed in suction line to with moisture and particles from the gas supply line entering the compression system Inlet relief valve: To protect the inlet side from too high a gas inlet pressure. Pressure gauge: Gives indication of gas inlet pressure. Non return valve: To prevent general return of gas back to main supply pipe may cause damage to sensitive equipment such as the main supply meter Inlet actuated valve: Actuated isolating valve signalled to open on compressor running to allow gas into system. In event of system failure, valve automatically closes to prevent loss of gas. Flexible connections: Included where necessary to connect sections of gas inlet train. PLEASE NOTE: The level of equipment proposed by Wise Gas does not include a gas inlet metering or any associated equipment within its scope. Proposal for the Design & Construction of a Compressed Natural Gas Filling Station City of Clearwater, Florida RFP NO. 27-10 Item # 14 Attachment number 3 Page 17 of 153 Item No. Proposed Equipment 4 Gas Delivery System General Specification and description of gas delivery system: High pressure piping: Stainless steel piping with stainless steel compression fittings. Non return valve: Fitted to prevent gas return from the delivery gas line Back pressure maintaining valve: Fitted into the high pressure delivery line to maintain a constant back pressure on the compressor and filtration system. Discharge isolating valve: Final isolating valve prior to termination point of high pressure delivery line within the compression module. Filter: Delivery Coalescer Filter Final gas exit connection: Sized to suit compressor operating pressure and capacity of system. Item No. Proposed Equipment 5 Packaged Electrical Work General specification and Description of Packaged Electrical Work: Items of electrical equipment on the compressor unit will be pre-wired in order to assist with electrical installation time at site. System protection devices will be wired in accordance with standards for "intrinsically safe" systems. This will be in blue flex cable with suitable glands into a polycarbonate terminal box on the set. Cabling will supported in galvanized cable tray and fixed in position with nylon cable ties if appropriate to the set configuration. Item No. Proposed Equipment 6 Testing & Documentation Standard factory "spin-up" test with air at CompAir works using a slave motor. Pre-dispatch inspection Test for gas tightness throughout compression path under running conditions. Proposal for the Design & Construction of a Compressed Natural Gas Filling Station City of Clearwater, Florida RFP NO. 27-10 Item # 14 Attachment number 3 Page 18 of 153 Prime mover, a CNG powered engine, preferred supplier Caterpillar or Cummins including installation onto the main equipment baseplate, including: Direct drive clutch & flexible coupling arrangement Compressor gas recovery system, comprising: Recovery vessel Automatic drain arrangement for liquids within the recovery vessel CNG Dryer Condensate collection (as appropriate to customer's requirements) Main Equipment Starting & Control System, including Gas engine start & control features Links to the compressor control system + unloading Lead Time Period The dispatch period for the equipment will be approximately 20-22 working weeks from receipt of official order and confirmation of all technical and commercial matters. Proposal for the Design & Construction of a Compressed Natural Gas Filling Station City of Clearwater, Florida RFP NO. 27-10 Item # 14 Attachment number 3 Page 19 of 153 ITEM NO. r -r" I TI Refurbished TC Backup Compressor Refurbished TCM Compressor Package (specs will be provided at contract) Refurbished by Wise Gas, Inc. to operate as a backup compressor capable of providing a minimum of 352 SCFM of production in the event that the primary compressor is down. Proposal for the Design & Construction of a Compressed Natural Gas Filling Station City of Clearwater, Florida RFP NO. 27-10 Item # 14 Attachment number 3 Page 20 of 153 IT Iy DESCRIPTION Twin High Hose tan lone us C Fueling Dispenser TGT-T7203-6CNG50: All new electronics manufactured in US, Alpha Numeric display shows status of fill or display. Changes to setup done through keypad or RS232 port via laptop. Sale and Volume are 3/4 inch high visible backlit displays. Dispenser is three-line dispenser that independently meters the gas and gives you a display on both sides of the dispenser. Micro Motion ® CNG50 sensor used to achieve flow rate of 1500cfm in standard configuration. Dispenser has 2, 4-20mA outputs that can send flow or gas temperature to remote controller. Dispenser has dry contact and 120VAC hook switch for "in use" signal. Micro Motion@ meters and transmitters located within dispenser body (factory calibrated). AGA 1-93 approved Parker Parflex CNG fill hose. In-line type breakaway with unique vent breakaway attached to fill hose. ASME pressure relief valve inside dispenser cabinet with vent stack up through body. Secondary over pressure switch in the event of over pressure of vehicle. Cabinet is constructed of 11-gauge cold roll steel with a powder-coated finish (stainless steel material is optional). Dispenser doors, faces, and base are made from stainless steel then powder coated. The high hose body style gives you the look of a contemporary gasoline dispenser. Dispenser temperature compensates fill pressure of gas and electronically sequences gas from storage to dispenser via proven algorithm. All sequencing valves mounted internally. Dispenser communicates with card reader via pulse. Each Includes: • Qty 2 - Three-Bank Solenoid Sequencing Valves • Qty 2 - Pressure Gauge • Qty 2 - In-Line Hose Break-away • Qty 2 - Manual Shutoff Valve (mounted on dispenser body) • Qty 1 - Powder Coated Cold Roll Carbon Steel Body (Stainless Steel Optional) • Qty 2 - Micro Motion CNG50 Mass Flow Meters • Qty 2 - ASME Relief Valve • Qty 1 - Concrete Island Box Pit Form • Qty 2 - 12 (3.6m)' x 3/8"4500(mil) Hose Assembly (electrically conductive CNG twin hose) • Qty 1 - Backlit TGT Electronic Dual Hose Head • Qty 1 -Two Drop Sequencing Solenoid Valve Panel Remote from Dispenser • Qty 2- NGV1 Type 1 Refueling Nozzle Sherex CT1000 • Qty 2 - Parker Finite J2SD Filters in Dispenser w/ Block and Bleed Valves • Stainless Steel Body with Powder Coat Paint • Qty 1 - Pressure Regulator • 1/2 " Hose Upgrade Proposal for the Design & Construction of a Compressed Natural Gas Filling Station City of Clearwater, Florida RFP NO. 27-10 Item # 14 Attachment number 3 Page 21 of 153 Scope of Work TGT-T7203-6CNG50: All new electronics manufactured in US, Alpha Numeric display shows status of fill or display. Changes to setup done through keypad or RS232 port via laptop. Sale and Volume are 3/4 inch high visible backlit displays. Dispenser is three-line dispenser that independently meters the gas and gives you a display on both sides of the dispenser. Micro Motion ® CNG50 sensor used to achieve flow rate of 1500cfm in standard configuration. Dispenser has 2, 4-20mA outputs that can send flow or gas temperature to remote controller. Dispenser has dry contact and 120VAC hook switch for "in use" signal. Micro Motion@ meters and transmitters located within dispenser body (factory calibrated). AGA 1-93 approved Parker Parflex CNG fill hose. In-line type breakaway with unique vent breakaway attached to fill hose. ASME pressure relief valve inside dispenser cabinet with vent stack up through body. Secondary over pressure switch in the event of over pressure of vehicle. Cabinet is constructed of 11-gauge cold roll steel with a powder-coated finish (stainless steel material is optional). Dispenser doors, faces, and base are made from stainless steel then powder coated. The high hose body style gives you the look of a contemporary gasoline dispenser. Dispenser temperature compensates fill pressure of gas and electronically sequences gas from storage to dispenser via proven algorithm. All sequencing valves mounted internally. Dispenser communicates with card reader via pulse. Each Includes: • Qty 2 - Three-Bank Solenoid Sequencing Valves • Qty 2 - Pressure Gauge • Qty 2 - In-Line Hose Break-away • Qty 2 - Manual Shutoff Valve (mounted on dispenser body) • Qty 1 - Powder Coated Cold Roll Carbon Steel Body (Stainless Steel Optional) • Qty 2 - Micro Motion CNG50 Mass Flow Meters • Qty 2 - ASME Relief Valve • Qty 1 - Concrete Island Box Pit Form • Qty 2 - 12 (3.6m)' x 3/8"4500(mil) Hose Assembly (electrically conductive CNG twin hose) • Qty 1 - Backlit TGT Electronic Dual Hose Head • Qty 1 -Two Drop Sequencing Solenoid Valve Panel Remote from Dispenser • Qty 2- NGV1 Type 2 Refueling Nozzle • Qty 2 - Parker Finite J2SD Filters in Dispenser w/ Block and Bleed Valves • Stainless Steel Body with Powder Coat Paint • Qty 1 - Pressure Regulator Proposal for the Design & Construction of a Compressed Natural Gas Filling Station City of Clearwater, Florida RFP NO. 27-10 Item # 14 Attachment number 3 Page 22 of 153 ITEM NO. DESCRIPTION High-Pressure Tubing High Pressure Stainless Steel Tubing meeting NFPA-52 Requirements Proposal for the Design & Construction of a Compressed Natural Gas Filling Station City of Clearwater, Florida RFP NO. 27-10 Item # 14 Attachment number 3 Page 23 of 153 ITEM NO. DESCRIPTION C Fuel aster 2500 Plus Fuel Card Reader System FuelMaster 2500 Plus Fuel Card Reader System with Flash memory to allow updating the fuel island operating system without changing chips. Supports network cards to allow internet access, offers flexibility in customization of reports, communicated directly with electronic dispensers to permit interfaces with blended MPDs and the capability of remotely changing the dispenser prices. 2 hose controllers Pedestal Modem Surge protection Fuel Master PRP-2500 Pedestal Receipt Printer Fuel Master 227838A WINDOWS software Proposal for the Design & Construction of a Compressed Natural Gas Filling Station City of Clearwater, Florida RFP NO. 27-10 Item # 14 Attachment number 3 Page 24 of 153 ITEM NO. DESCRIPTION Storage Spheres 48" Interior Diameter Storage Spheres, 5500 PSIG design pressure. Manufactured and stamped per ASME Code, Section VIII, Division 2. Each sphere includes one (1) 1" relief valve and one (1)'/2" drain valve. Each sphere is mounted on a skirt with a base plate, sand-blasted, primed, top-coated white and stenciled "For CNG Only" Proposal for the Design & Construction of a Compressed Natural Gas Filling Station City of Clearwater, Florida RFP NO. 27-10 Item # 14 Attachment number 3 Page 25 of 153 ITEM NO. DESCRIPTION Liquid Cooled Generator et • All input conections in one single area • High coolant temperature shutdown • Low oil pressure shutdown • Overspeed automatic shutdown • Crank timer • Exercise timer • Oil drain extension • Cool flow radiator • Closed coolant recovery system • UV/Ozone resitant hoses • Watertight state of the art electrical connectors • Mainline circuit breaker • Radiator drain extension • Battery charge alternator • 2 Amp static battery charger • Battery cables • Battery rack • Fan and belt guards • Isochronous governor Features: • Innovative design and fully prototype tested • UL2200 Listed • Solid state frequency compensated voltage regulator • Dynamic and static battery charger • Sound attenuated acoustically designed enclosure • Quiet test for low noise level exercise • Acoustically designed engine cooling system • High flow low noise factory engineered exhaust system • State of the art digital control system with R100 digital control panel • Watertight electrical connectors • Rodent proof construction • High efficiency, low distortion Generac designed alternator • Vibration isolated from mounting base • Matching Generac transfer switches engineered and tested to work as a system • All components easily accessible for maintenance • Electrostatically applied powder paint Proposal for the Design & Construction of a Compressed Natural Gas Filling Station City of Clearwater, Florida RFP NO. 27-10 Item # 14 Attachment number 3 Page 26 of 153 ITEM NO. DESCRIPTION Technical Labor $120/hr 60/hr travel time Estimated budget $50,000.00 Includes: • Consulting on station design • Consulting on construction process • On-site installation of all equipment • Testing of all equipment • Start-up of all equipment • Training on all equipment Proposal for the Design & Construction of a Compressed Natural Gas Filling Station City of Clearwater, Florida RFP NO. 27-10 Item # 14 Attachment number 3 Page 27 of 153 CITY OF CLEARWATER RFP NO. 27-30, City Project NO. 30-0043GA BID TABULATION COMPRESSED NATURAL GAS FILLING STATION 1010 N. HERCULES AVE AT THE CLEARWATER AIRPARK CLEARWATER, FLORIDA Thursday, December 02, 2010 A Item B Description Quantity Unit Scheduled Value Construction/Site Work 1 Special Provisions (Mobalization,Construction Staking, Utility and Geotech Testing, Const. Signage, As-builts, etc.) 1 LS $ 61,917.00 2 Demolition (Chain Link Fence (CLF) and Gates, Asphalt / Concrete Drive, Curb, Sidewalk, etc.) 1 LS $ 64,557.00 3 Tree Barricades 275 LF $ 4,125.00 4 Staked Silt Fence 790, LF $ 2,290.00 5 Baled Hay or Straw - Inlet Protection 15 EA $ 750.00 6 Soil Tracking Prevention Device (gravel trap) 1 EA $ 3,500.00 7 Clearing and Grubbing 1 AC $ 14,250.00 8 Excavation, Unsuitable Material Removal and Disposal (Allowance) 83 CY $ 3,735.00 9 Earthwork - Net Fill Material w/ 25% allowance for compaction and waste 100 CY $ 7,580.00 10 Earthwork - Grading (Rough and final) 1 LS $ 15,000.00 11 Relocation /Adjustment of Ex. Structures (Existing Storm Inlet and OHE Wires / Poles) 1 LS $ 10,000.00 12 Ditch Bottom Inlet (FDOT Type 'C') - Prefab Concrete 1 EA $ 3,860.00 13 Ditch Block (Spillway) - Concrete 3 EA $ 5,400.00 14 Curb (per City Type I) - Concrete 660 LF $ 7,920.00 15 Traffic Separator (FDOT) - Concrete 1 EA $ 3,570.00 16 Valley Gutter (per Clearwater Detail) - Concrete 85 LF $ 1,275.00 17 Pipe (15-inch RCP) - Concrete 42 LF $ 4,200.00 18 Riprap - Concrete 3 EA $ 3,000.00 19 Asphaltic Concrete (On-site, 2" Type S-III) 1,086 SY $ 13,750.00 20 Roadway Base - Crushed Concrete (9" LBR 100 Compacted to 98%T-180) 1,127 SY $ 12,500.00 21 Subgrade Preparation (12' min Density 95% Modified Proctor) 1,170 SY $ 11,250.00 22 Asphaltic Concrete (ROW, 3" Type PC-I) 60 SY $ 3,000.00 23 Roadway Base - Crushed Concrete (10.5" LBR 100 Compacted to 98%T-180) 67 SY $ 4,092.00 24 Subgrade Preparation (12' min -BR 40 Compacted to 98%T-180) 75 SY $ 3,600.00 25 Pavement - Concrete Dispenser Area (Class 1, 7" thick, min 4,000 psi, joint reinforcement only) 470 SY $ 46,850.00 26 Subgrade Preparation (9" k value of 150 PCI compacted to 98% Modified Proctor) 520 SY $ 25,100.00 27 Slab - Concrete (6-inch reinforced for 2 compressors and 1 generator pad) 70 SY $ 13,650.00 28 Subgrade Preparation (12' min -BR 40 Compacted to 98%T-180) 77 SY $ 3,550.00 29 Sidewalk - Concrete (Class 1, 5' wide by 4" thick, min 3,000 psi, no reinforcement) 2 SY $ 900.00 30 Curb Ramp - Concrete 2 EA $ 4,800.00 31 Bollards - Concrete 8 EA $ 2,400.00 32 Pavement Markings-All Miscellaneous Striping 1 LS $ 1,500.00 33 Traffic Signage (Stop 131-1 w/ post) 2 LS $ 480.00 34 Fencing (City of Clearwater Technical Specification Ch 43.2.8, 6-ft w/ 3-strands barded wire) 440 LF $ 10,500.00 35 Fencing Gates (City of Clearwater Technical Specification Ch 43.2.8, 1-10 ft wide, 1-12 ft wide) 2 EA $ 3,200.00 36 Hose Bibbs 2 EA $ 680.00 37 Water lateral (1" Poly) 130 LF $ 5,080.00 38 Planting Trees, Shrubs and Plants -Trees: (Live Oak) 4 EA $ 1,440.00 39 Planting Trees, Shrubs and Plants -Trees: (Cabbage Palm) (3 new / 1 transplant) 4 EA $ 1,200.00 40 Planting Trees, Shrubs and Plants -Trees: (Crape Myrtle) 13 EA $ 2,465.00 41 Planting Trees, Shrubs and Plants - Shrubs: (Fountain Grass) 28 EA $ 700.00 42 Planting Trees, Shrubs and Plants - Shrubs: (Podocarpus) 78 EA $ 2,450.00 43 Planting Trees, Shrubs and Plants - Ground Cover: Variegated Flax Lilly 726 EA $ 6,100.00 44 Planting Trees, Shrubs and Plants - Ground Cover: Confederate Jasmine 31 EA $ 496.00 45 Sodding: Argentine Bahia including Watering and Fertilizer 16,717 SY $ 8,358.00 46 Mulch (min 3" Pine Bark, see detail) 30 SY $ 2,517.00 47 Canopy Lighting and Electrical Equipment Hook Up 1 LS $ 27,750.00 48 Canopy Structure and Concrete Dispenser Islands 1 LS $ 125,750.00 RFP CONTRUCTION TOTAL $ 563,037.00 CITY UTILITIES- WATER 49 Install Water Service 1 LS $6,000 50 Install Fire Hydrant Assembly 1 LS $3,000 EQUIPMENT PACKAGE 51 Compressed Natural Gas Distribution System (Compressors, dispensers, power, distribution, etc) 1 LS $ 933,111.00 52 Equipment Bonding at 5% 1 LS $ 46,655.55 Sub Total (Hard Cost) $ 1,551,803.55 Contingency (10%) $ 155,180.36 TOTAL COST $ 1,706,983.91 3m#14 Attachment number 3 Page 28 of 153 Section IV - Technical Specifications 1.2 SCOPE OF WORK CHECKLIST Project Name: DESIGN & CONSTRUCTION OF A COMPRESSED NATURAL GAS FILLING STATION Project Number: RPF 27-10 The following Articles of the Technical Specifications will apply to this contract if marked "X" as shown below: 1 ® Scope Of Work 2.1 ® Line and Grade Shall Be Performed B The Contractor 2.2 ? Line and Grade Shall Be Performed B The City 3 ® Definition Of Terms 4 ® Order And Location Of The Work 5 ® Excavation For Underground Work 6 ® Concrete 7 ® Excavation And Forms For Concrete Work 8 ® Reinforcement 9 ® Obstructions 10 ® Restoration Or Replacement Of Driveways, Curbs, Sidewalks And Street Pavement 11 ® Work In Easements Or Parkways 12 ® Dewaterin 13 ? Sanitary Manholes 14 ® Backfill 15 ? Street Crossings, Etc. 16 ? Raisin Or Lowering Of Sanitary Sewer, Storm Drainage Structures 17 ® Unsuitable Material Removal 18 ® Underdrains 19 ® Storm Sewers 20 ? Sanitary Sewers And Force Mains 21 ® Drainage 22 ® Roadway Base And Sub grade 23 ® Asphaltic Concrete Materials 24 ® Adjustment To The Unit Bid Price For Asphalt 25 ® General Planting Specifications 26 ? Hd e Deformed - Reformed Pipe Lining 27 ® Plant Mix Driveways 28 ? Reporting Of Tonnage Of Recycled Materials 29 ® Concrete Curbs 30 ® Concrete Sidewalks And Driveways 31 ® Sodding 32 ® Seeding 33 ® Storm Manholes, Inlets, Catch Basins Or Other Storm Structures 34 ® Material Used 35 ® Conflict Between Plans And Specifications 36 ® Street Signs SectionlV.doc Page 3 of 127 JP61r?2Wf14 Attachment number 3 Page 29 of 153 Section IV - Technical Specifications 37 ? Audio/Video Recording Of Work Areas 38 ® Erosion And Siltation Control 39 ® Utility Tie In Location Markin 40 ® Award Of Contract, Work Schedule And Guarantee 41 ® Potable Water Mains, Reclaimed Water Mains and Appurtenances 42 ® Gas System Specifications 43 ? Tennis Courts 44 ® Work Zone Traffic Control 45 ? Cured-In-Place Pipe Lining 46 ? Specifications for Polyethylene Sliplining 47 ? Specifications for Polyvinyl Chloride Ribbed Pipe 48 ? Gunite Specifications 49 ? Sanitary and Storm Manhole Liner Restoration 50 ® Project Information Signs 51 ? In-Line Skating Surfacing System 52 ® Resident Notification of Start of Construction 53 ? Gabions and Mattresses 54 ? Lawn Maintenance Specifications 55 ? Milling Operations 56 M Clearing and Grubbing 57 ? Ri ra 58 ? Treatment Plant Safety 59 ? Traffic Signal Equipment and Materials 60 ? Signing And Markin 61 ? Roadway Lighting 62 ® Tree Protection 63 ? Project Web Pages 2 FIELD ENGINEERING 2.1 LINE AND GRADE SHALL BE PERFORMED BY THE CONTRACTOR The Contractor shall provide and pay for field engineering service required for the project. Such work shall include survey work to establish lines and levels and to locate and lay out site improvements, structures, and controlling lines and levels required for the construction of the work. Also included are such Engineering services as are specified or required to execute the Contractor's construction methods. Engineers and Surveyors shall be licensed professionals under the laws of the state of Florida. The Contractor shall provide three (3) complete sets of As- built Survey to the Engineer prior to final payment being made as outlined in Section III (General Conditions), Article 6.11.2 of these Contract Documents. 2.1.1 GRADES, LINES AND LEVELS Existing basic horizontal and vertical control points for the project are those designated on the Drawings or provided by the City. Control points (for alignment only) shall be established by the Engineer. The Contractor shall locate and protect control points prior to starting site work and shall preserve all permanent reference points during construction. In working near any SectionlV.doc Page 4 of 127 JP61r?2Wf14 Attachment number 3 Page 30 of 153 Section IV - Technical Specifications permanent property corners or reference markers, the Contractor shall use care not to remove or disturb any such markets. In the event that markers must be removed or are disturbed due to the proximity of construction work, the Contractor shall have them referenced and reset by a Land Surveyor qualified under the laws of the state of Florida. 2.1.2 LAYOUT DATA The Contractor shall layout the work at the location and to the lines and grades shown on the Drawings. Survey notes indicating the information and measurements used in establishing locations and grades shall be kept in notebooks and furnished to the Engineer with the record drawings for the project. 2.2 LINE AND GRADE SHALL BE PERFORMED BY THE CITY At the completion of all work the contractor shall be responsible to have furnished to the project inspector a replacement of the wooden lath and stakes used in the construction of this project. Excessive stake replacement caused by negligence of Contractor's forces, after initial line and grade have been set, as determined by the City Engineer, will be charged to the Contractor at the rate of $100.00 per hour. Time shall be computed for actual time on the project. All time shall be computed in one-hour increments. Minimum charge is $100.00. The City will generate the project Record construction drawings. 3 DEFINITION OF TERMS For the purpose of these Technical Specifications, the definition of terms from SECTION III, ARTICLE I - DEFINITIONS of these Contract Documents shall apply. For the purpose of the Estimated Quantities, the Contractor's attention is called to the fact that the estimate of quantities as shown on the Proposal Sheet is approximate and is given only as a basis of calculation upon which the award of the contract is to be made. The City does not assume any responsibility that the final quantities will remain in strict accordance with estimated quantities nor shall the contractor plead misunderstandings or deception because of such estimate of quantities or of the character or location of the work or of other conditions or situations pertaining thereto. 3.1 REFERENCE STANDARDS Reference to the standards of any technical society, organization, or associate, or to codes of local or state authorities, shall mean the latest standard, code, specification, or tentative standard adopted and published at the date of receipt of bids, unless specifically stated otherwise. 3.2 ABBREVIATIONS AND SYMBOLS Abbreviations used in the Contract Documents are defined as follows: AA Aluminum Association, Inc. AAMA Architectural Aluminum Manufacturers' Association AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute AISI American Iron and Steel Institute AMA Acoustical Materials Association SectionlV.doc Page 5 of 127 JP61r?2Wfl4 Attachment number 3 Page 31 of 153 Section IV - Technical Specifications AMCA Air Moving and Conditioning Association, Inc. ANSI American National Standards Institute APA American Plywood Association ASAE American Society of Agricultural Engineers ASCE American Society of Civil Engineers ASHRAE American Society of Heating Refrigerating and Air Conditioning ASME American Society of Mechanical Engineers ASSE American Society of Sanitary Engineering ASTM American Society for Testing and Materials AWG American Wire Gauge AWMA Aluminum Window Manufacturer's Association AWS American Welding Society AWWA American Water Works Association CFR Code of Federal Regulations CISPI Cast Iron Soil Pipe Institute CRSI Concrete Reinforcing Steel Institute CS Commercial Standards and National Bureau of Standards DEP Department of Environmental Protection (Florida) DOT Department of Transportation (Florida) EPA Environmental Protection Agency FAC Florida Administrative Code FBC Florida Building Code FFPC Florida Fire Prevention Code FGC Florida Gas Code FMC Florida Mechanical Code FPC Florida Plumbing Code FedSpec Federal Specifications HI Standards of Hydraulic Institute IBBM Iron Body, Bronzed Mounted IEEE Institute of Electrical and Electronics Engineers IPS Iron Pipe Size MIL Military Specification NAAMM National Association of Architectural Metal Manufacturers NBFU National Board of Fire Underwriters NEC National Electrical Code NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association NPT National Pipe Thread NWMA National Woodwork Manufacturers' Association PCA Portland Cement Association PCI Prestressed Concrete Institute SBC Standard Building Code (SBCCI) SBCCI Southern Building Code Congress International, Inc. SDI Steel Door Institute SFPC Standard Fire Prevention Code (SBCCI) SGC Standard Gas Code (SBCCI) SJI Steel Joist Institute SectionlV.doc Page 6 of 127 JP61r?2Wf14 Attachment number 3 Page 32 of 153 Section IV - Technical Specifications SMACCNA Sheet Metal and Air Conditioning Contractors' National Association SMC Standard Mechanical Code (SBCCI) SPC Standard Plumbing Code (SBCCI) SPIB Southern Pine Inspection Bureau SSPC Steel Structures Painting Council TCA Title Council of America UL Underwriters' Laboratories 4 ORDER AND LOCATION OF THE WORK This article deleted. See SECTION III, ARTICLE 18 - ORDER AND LOCATION OF THE WORK. 5 EXCAVATION FOR UNDERGROUND WORK The contractor is responsible to take all necessary steps to conduct all excavation in a manner which provides for the successful completion of the proposed work while at all times maintaining the safety of the workmen, the general public and both public and private property. The contractor's methods of work will be consistent with the standard practices and requirements of all appropriate Safety Regulatory Agencies, particularly the Occupational Safety and Health Administration (OSHA) requirements for excavation. Unless otherwise specifically stated in these plans and specifications, the methods of safety control and compliance with regulatory agency safety requirements are the full and complete responsibility of the contractor. For the purposes of the Contractor's safety planning in the bidding process, the contractor is to consider all excavation to be done in the performance of this contract to be in soil classified as OSHA "Type C". The Contractor's attention is called to specific requirements of OSHA for excavation shoring, employee entry, location of excavated material adjacent to excavation, the removal of water from the excavation, surface encumbrances and in particular the requirement of a "Competent Person" to control safety operations. The Contractor will identify his Competent Person to City staff at the start of construction. City staff are required from time to time to perform inspections, tests, survey location work, or other similar activity in an excavation prepared by the contractor. City staff in conformance with the OSHA Excavation Safety Requirements are to only enter an excavation in compliance with these OSHA standards. The City's staff reserve the option to refuse entry into the Contractor's excavation if, in the opinion of the City's staff, the entry into the Contractor's excavation is unsafe or does not conform OSHA requirements. If this circumstance occurs, the contractor must either provide the necessary safety requirements or provide alternate means for the accomplishment of the City's work at the Contractor's expense. The restoration quantities, if any, contained in the bid proposal for this contract to not contain sufficient quantities to allow the contractor to perform excavation work using strictly the "open cut" method whereby no shoring systems are used and trench side slopes are cut to conform to OSHA safety requirements without a shoring system. In addition to safety reasons, the Contractor is required to use excavation and trench-shoring methods in compliance with all safety requirements which allow the Contractor to control the amount of restoration work necessary to complete the project. Not more than one hundred (100) feet of trench shall be opened at one time in advance of the completed work unless written permission is received from the Engineer for the distance SectionlV.doc Page 7 of 127 JP61r?2Wf14 Attachment number 3 Page 33 of 153 Section IV - Technical Specifications specified. For pipe installation projects, the trench shall be six (6) inches wider on each side than the greatest external horizontal width of the pipe or conduit, including hubs, intended to be laid in them. The bottom of the trench under each pipe joint shall be slightly hollowed, to allow the body of the pipe to rest throughout its length. In case a trench is excavated at any place, excepting at joints, below the grade of its bottom as given, or directed by the Engineer, the filling and compaction to grade shall be done in such manner as the Engineer shall direct, without compensation. 6 CONCRETE Unless otherwise directed, all concrete work shall be performed in accordance with the latest editions of the Design and Control of Concrete Mixtures by the Portland Cement Association, the American Concrete Institute, and FDOT's Standard Specifications. All appropriate testing shall be performed according to the American Society of Testing Materials. Unless otherwise specified, all concrete shall have fiber mesh reinforcing and have a minimum compressive strength of 3000 p.s.i. at 28 days. The cement type shall be Type I and shall conform to AASHTO M-85. The aggregate shall conform to ASTM C-33. All ready mix concrete shall conform to ASTM C-94. The slump for all concrete shall be in the range of 3" to 5", except when admixtures or special placement considerations are required. The Contractor shall notify the Project Inspector a minimum of 24 hours in advance of all concrete placement. All concrete shall be tested in the following manner: Placement of less than 5 cubic yards (cy) shall be tested at the Engineer's discretion. Otherwise, for each class, for each day, for every 50 cy or part thereof exceeding 5 cy, one set of 3 compressive strength cylinders will be required (1 at 7 days and 2 at 28 days). At the discretion of the Engineer, unacceptable test results may require the Contractor to provide further tests, as determined by the Engineer, to determine product acceptability, or need for removal, and compensation or denial thereof. 7 EXCAVATION AND FORMS FOR CONCRETE WORK 7.1 EXCAVATION Excavating for concrete work shall be made to the required depth of the subgrade or base upon which the concrete is to be placed. The base or subgrade shall be thoroughly compacted to a point 6" outside said concrete work before the forms are placed. Concrete shall be poured "in the dry" 7.2 FORMS Forms for concrete work shall be either wood or metal (except curbs, metal only, unless by written permission from Engineer). They shall be free from warps or bends, shall have a depth equal to the dimensions required for the depth of the concrete deposited against them and shall be of sufficient strength when staked to resist the pressure of concrete without moving or springing. SectionlV.doc Page 8 of 127 JP61r?2Wf14 Attachment number 3 Page 34 of 153 Section IV - Technical Specifications 8 REINFORCEMENT When required, reinforcement shall be placed in the concrete work. Bar reinforcement shall be deformed: ASTMA-A 615, steel shall be billet Intermediate or Hard Grade: Rail Steel A.A.S.H.T.O. M42. Twisted Bars shall not be used, Fabric Reinforcement shall conform to the requirements of AASHTO M55 (ASTM A185). Welded deformed steel wire fabric for Concrete reinforcement shall meet the requirements of AASHTO M 221 (ASTM A497). Epoxy coated reinforcing Steel Bars shall meet ASTM 775/A77 M-86 requirements. 8.1 BASIS OF PAYMENT Reinforcement shall not be paid for separately. The cost of such work shall be included in the contract unit price for the item of work specified. 9 OBSTRUCTIONS Any pipes, conduits, wires, mains, footings, driveways, or other structures encountered shall be carefully protected from injury or displacement. Any damage thereto shall be fully, promptly, and properly repaired by the Contractor to the satisfaction of the Engineer and the owner thereof. Should it become necessary to change the position of water or gas or other pipes, sewer drains, or poles, the Engineer shall be at once notified of the locality and circumstances, and no claims for damages arising from the delay in adjusting the pipe, sewer drains or poles shall be made. Failure of the plans to show the location, nature or extent of any existing structures or obstructions shall not be the basis of a claim for extra work. Any survey monument or benchmark which must be disturbed shall be carefully referenced before removal, and unless otherwise provided for, shall be replaced upon completion of the work by a registered land surveyor. Any concrete removed due to construction requirements shall be removed to the nearest expansion joint or by saw cut. Contractor shall consult Inspector for the approved means. 10 RESTORATION OR REPLACEMENT OF DRIVEWAYS, CURBS, SIDEWALKS AND STREET PAVEMENT Driveways, sidewalks, and curbs destroyed or damaged during construction shall be replaced and shall be the same type of material as destroyed or damaged, or to existing City Standards, whichever provides the stronger repair. All street pavement destroyed or damaged shall be replaced with the same type of material, to existing City Standards, unless the existing base is unsuitable as determined by the Engineer, then the base shall be replaced with City approved material. All replaced base shall be a minimum 8" compacted thickness, or same thickness as base destroyed plus 2", if over 6", and compacted to 98% of maximum density per AASHTO T- 180. Unless called for in the proposal as separate bid items, cost of the above work including labor, materials and equipment required shall be included in the bid price per lineal foot of main or square yard of base. The bid price for street pavement, restoration or replacement when called for in the proposals, shall include all materials, labor and equipment required to complete the work, and shall be paid for on a square yard basis. When replacement is over a trench for utilities, the area of replacement shall be limited to twice the depth of the cut plus twice the inside diameter of the pipe. All over this will be at the Contractor's expense. SectionlV.doc Page 9 of 127 JP61r?2Wf14 Attachment number 3 Page 35 of 153 Section IV - Technical Specifications The bid price for restoration or placement of driveways, curbs and sidewalks, when called for in the proposals, shall include all materials, labor and equipment required to complete the work and shall be paid for on the basis of the following units: Driveways, plant mix - per square yard: concrete - per square foot; curbs - per lineal foot; sidewalk 4" or 6" thick - per square foot. Concrete walks at drives shall be a minimum of 6" thick and be reinforced with 6/6 X 10/10 welded wire mesh (also see Articles 8 and 30). The Contractor shall notify the Project Inspector a minimum of 24 hours in advance of all driveway, curb, sidewalk and street restoration and replacement work. 11 WORK IN EASEMENTS OR PARKWAYS Restoration is an important phase of construction, particularly to residents affected by the construction progress. The Contractor will be expected to complete restoration Activities within a reasonable time following primary construction activity. Failure by the Contractor to accomplish restoration within a reasonable time shall be justification for a temporary stop on primary construction activity or a delay in approval of partial payment requests. Reasonable care shall be taken for existing shrubbery. Contractor shall replace all shrubbery removed or disturbed during construction. No separate payment shall be made for this work. The contractor shall make provision and be responsible for the supply of all water, if needed, on any and all phases of the contract work. The contractor shall not obtain water from local residents or businesses except as the contractor shall obtain written permission. Reuse water is available for the Contractor's use without charge from the City's wastewater treatment plants, provided the water is used on City of Clearwater contractual work. Details for Contractor to obtain and reuse water from the treatment plants will be coordinated at the pre- construction conference. The Contractor's use of reuse water must conform to all regulatory requirements. 12 DEWATERING 12.1 GENERAL Unless specifically authorized by the Engineer, all pipe, except subdrains, shall be laid "in the dry". The contractor shall dewater trench excavation as required for the proper execution of the work, using one or more of the following approved methods: well point system, trenched gravity underdrain system, or sumps with pumps. Well point systems must be efficient enough to lower the water level in advance of the excavation and maintain it continuously in order that the trench bottom and sides shall remain firm and reasonably dry. The well points shall be designed especially for this type of service, and the pumping unit used shall be capable of maintaining a high vacuum, and at the same time, of handling large volumes of air as well as of water. The Contractor shall be responsible for disposing of all water resulting from trench dewatering operations, and shall dispose of the water without damage or undue inconvenience to the work, the surrounding area, or the general public. He shall not dam, divert, or cause water to flow in excess in existing gutters, pavements or other structures: and to do this he may be required to conduct the water to a suitable place of discharge may be determined by the Engineer. SectionlV.doc Page 10 of 127 JP61r?2Wfl4 Attachment number 3 Page 36 of 153 Section IV - Technical Specifications The cost of dewatering shall be included in the unit price bid per lineal foot of pipe, or, in the case of other underground structures, in the cost of such structures. 12.2 PERMIT REQUIREMENTS 12.2.1 DEWATERING CONTROL The City of Clearwater will hold the Contractor responsible for obtaining a Generic Permit for the Discharge of Produced Groundwater from Any Non-Contaminated Site Activity prior to dewatering or discharging into the City's streets, storm sewers or waterways. Prior to discharging produced groundwater from any construction site, the contractor must collect samples and analyze the groundwater, which must meet acceptable discharge limits. The following document has been incorporated into this section for reference... 12.2.2 GENERIC PERMIT FOR THE DISCHARGE OF PRODUCED GROUND WATER FROM ANY NON-CONTAMINATED SITE ACTIVITY City Notification Procedure - Contractor must provide the City of Clearwater Environmental Department with the following information prior to beginning dewatering activities: 1) A copy of all groundwater laboratory results 2) A copy of the FDEP Notification It is recommended that the Contractor call or meet with the City Environmental staff if you have any questions. You may contact the City at 562-4750 for direction or further assistance. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GENERIC PERMITOR THE DISCHARGE OF PRODUCED GROUND WATER FROM ANY NON-CONTAMINATED SITE ACTIVITY The facility is authorized to discharge produced ground water from any non-contaminated site activity which discharges by a point source to surface waters of the State, as defined in Chapter 62- 620, F.A.C., only if the reported values for the parameters listed in Table 1 do not exceed any of the listed screening values. Before discharge of produced ground water can occur from such sites, analytical tests on samples of the proposed untreated discharge water shall be performed to determine if contamination exists. Minimum reporting requirements for all produced ground water dischargers. The effluent shall be sampled before the commencement of discharge, again within thirty (30) days after commencement of discharge, and then once every six (6) months for the life of the project to maintain continued coverage under this generic permit. Samples taken in compliance with the provisions of this permit shall be taken prior to actual discharge or mixing with the receiving waters. The effluent shall be sampled for the parameters listed in Table 1. TABLE 1 Screening Values for Discharges into: SectionIV.doc Page I I of 127 JP61r?2Wf14 Attachment number 3 Page 37 of 153 Section IV - Technical Specifications Parameter Fresh Waters Coastal Waters Total Organic Carbon (TOC) 10.0 mg/l 10.0 mg/l PH, standard units 6.0-8.5 6.5-8.5 Total Recoverable Mercury - by Method 1631E 0.012 µg/l 0.025 µg/l Total Recoverable Cadmium 9.3 µg/l 9.3 µg/l Total Recoverable Copper 2.9 µg/l 2.9 µg/l Total Recoverable Lead 0.03 mg/l 5.6 µg/l Total Recoverable Zinc 86.0 µg/l 86.0 µg/l Total Recoverable Chromium (Hex.) 11.0 µg/l 50.0 µg/l Benzene 1.0 µg/l 1.0 µg/l Naphthalene 100.0 µg/l 100.0 µg/l If any of the analytical test results exceed the screening values listed in Table 1, except TOC, the discharge is not authorized by this permit or by the Citv of Clearwater. (a) For initial TOC values that exceed the screening values listed in Table 1, which may be caused by naturally occurring, high molecular weight organic compounds, the permittee may request to be exempted from the TOC requirement. To request this exemption, the permittee shall submit additional information with a Notice of Intent (NOI), described below, which describes the method used to determine that these compounds are naturally occurring. The Department shall grant the exemption if the permittee affirmatively demonstrates that the TOC values are caused by naturally occurring, high molecular weight organic compounds. (b) The NOI shall be submitted to the appropriate Department district office thirty (30) days prior to discharge, and contain the following information: I. the name and address of the person that the permit coverage will be issued to; 2. the name and address of the facility, including county location; 3. any applicable individual wastewater permit number(s); 4. a map showing the facility and discharge location (including latitude and longitude); 5. the name of the receiving water; and 6. the additional information required by paragraph (3)(a) of this permit. (c) Discharge shall not commence until notification of coverage is received from the Department. SectionlV.doc Page 12 of 127 JP61r?2Wf14 Attachment number 3 Page 38 of 153 Section IV - Technical Specifications For fresh waters and coastal waters, the pH of the effluent shall not be lowered to less than 6.0 units for fresh waters, or less than 6.5 units for coastal waters, or raised above 8.5 units, unless the permittee submits natural background data confirming a natural background pH outside of this range. If natural background of the receiving water is determined to be less than 6.0 units for fresh waters, or less than 6.5 units in coastal waters, the pH shall not vary below natural background or vary more than one (1) unit above natural background for fresh and coastal waters. If natural background of the receiving water is determined to be higher than 8.5 units, the pH shall not vary above natural background or vary more than one (1) unit below natural background of fresh and coastal waters. The permittee shall include the natural background pH of the receiving waters with the results of the analyses required under paragraph (2) of this permit. For purposes of this section only, fresh waters are those having a chloride concentration of less than 1500 mg/l, and coastal waters are those having a chloride concentration equal to or greater than 1500 mg/l. In accordance with Rule 62-302.500(1)(a-c), F.A.C., the discharge shall at all times be free from floating solids, visible foam, turbidity, or visible oil in such amounts as to form nuisances on surface waters. If contamination exists, as indicated by the results of the analytical tests required by paragraph (2), the discharge cannot be covered by this Generic Permit. The facility shall apply for an individual wastewater permit at least ninety (90) days prior to the date discharge to surface waters of the State is expected, or, if applicable, the facility may seek coverage under any other applicable Department generic permit. No discharge is permissible without an effective permit. If the analytical tests required by paragraph (2) reveal that no contamination exists from any source, the facility can begin discharge immediately and is covered by this permit without having to submit an NOI request for coverage to the Department. A short summary of the proposed activity and copy of the analytical tests shall be sent to the applicable Department district office within one (1) week after discharge begins. These analytical tests shall be kept on site during discharge and made available to the Department if requested. Additionally, no Discharge Monitoring Report forms are required to be submitted to the Department. All of the general conditions listed in Rule 62-621.250, F.A.C., are applicable to this Generic Permit. There are no annual fees associated with the use of this Generic Permit. 13 SANITARY MANHOLES 13.1 BUILT UP TYPE Manholes shall be constructed of brick with cast iron frames and covers as shown on the drawings. Invert channels shall be constructed smooth and semicircular in shape conforming to inside of adjacent sewer section. Changes in direction of flow shall be made in a smooth curve of as large a radius as possible. Changes in size and grade of channels shall be made gradually and evenly. Invert channels shall be formed by one of the following methods: form directly into concrete manhole base, build up with brick and mortar, lay half the in concrete, or lay full section of sewer pipe through manhole and break out top half of pipe. The manhole floor outside of channels shall be made smooth and sloped toward channels. Free drop in manholes from inlet pipe invert to top of floor outside the channels shall not exceed twenty four inches. Standard Drop Manholes shall be constructed wherever free drop exceeds twenty four inches. SectionlV.doc Page 13 of 127 JP61r?2Wf14 Attachment number 3 Page 39 of 153 Section IV - Technical Specifications Manhole steps shall not be provided. Joints shall be completely filled and the mortar shall be smoothed from inside of manholes. The entire exterior of brick manholes shall be plastered with one half inch of mortar. Brick used may be solid only. Brick shall be laid radially with every sixth course being a stretcher course. 13.2 PRECAST TYPE Precast Sanitary Manholes shall conform to this specification unless otherwise approved by the City Engineer. AASHTO M 85 Type II cement shall be used throughout with a minimum wall thickness of 5 inches. The precast sections shall conform to ASTM C 478 latest revision. Section joints shall be a tongue and groove with "ram neck" gasket or "O" ring to provide a watertight joint. Minimum concrete strength shall be 4000 psi at 28 days. Three sets of shop drawings and location inventory shall be submitted to the City Engineer for approval. Approval of shop drawings does not relieve contractor of responsibility for compliance to these specifications unless letter from contractor requesting specific variance is approved by the City Engineer. Location inventory submitted with shop drawing shall detail parts of manhole per manhole as numbered on the construction plans. All manhole parts shall be numbered or lettered before being sent to the job site to permit proper construction placement. A plan or list of the numbering system shall be present on the job site when manhole components are delivered. Precast manhole dimensions, drop entry, grout flow of channel, etc., shall be as shown on City of Clearwater Engineering Detail #302 Sheet 2 of 3. Manhole sections shall be rejected if abused during shipping or placement and if pipe openings are not properly aligned. The "break in" to precast manholes for pipe entry will not be allowed. The manhole base shall be set on a pad of A I or A 2 Classification soil approximately five (5) inches thick to secure proper seating and bearing. 13.2.1 MANHOLE ADJUSTMENT RINGS (GRADE RINGS) Between the top of the manhole cone and the manhole cover frame, a manhole adjustment ring shall be installed. The intent of the manhole adjustment ring is to accommodate future grade changes without disturbing the manhole. See Section IV, Article 23.7 - Asphaltic Concrete - Adjustment of Manholes. 13.3 DROP MANHOLES Standard drop inlets to manholes shall be constructed of commercial pipe, fittings and specials as detailed on the drawings. 13.4 FRAMES AND COVERS Manhole frames and covers shall be set in a full bed of mortar with the top of the cover flush with or higher than finished grade as directed. Refer to Detail 301. SectionlV.doc Page 14 of 127 JP61r?2Wf14 Attachment number 3 Page 40 of 153 Section IV - Technical Specifications 13.5 MANHOLE COATINGS The exterior and interior of all built up manholes shall be coated with two (2) coats of Type II Asphalt emulsion, moisture and damp proof (Specification ASTM D 1227 Type II Class I) as manufactured by W.R. Meadows Sealtite or approved equal. Interior of built up manholes which have sewers entering with a free drop or which receive discharge from a force main shall have the inside plastered with 1/2-inch of grout and coated as precast manholes below. The exterior and interior of all precast manholes shall be coated with at least 15 mils dry thickness of Type II Asphalt emulsion, moisture and damp proof (Specification ASTM D 1227 Type II Class I) as manufactured by W.R. Meadows Sealtite. 13.6 CONNECTIONS TO MANHOLES Connections to existing sanitary manholes using approved PVC sewer main shall be made with a manhole adapter coupling by Flo Control, Inc., or approved water stop coupling. 14 BACKFILL Material for backfill shall be carefully selected from the excavated material or from other sources as may be required by the Engineer. Such material shall be granular, free from organic matter or debris, contain no rocks or other hard fragments greater than 3" in the largest dimension and all fill shall be similar material. Backfill placed around pipes shall be carefully placed around the sides and top of pipe by hand shovels and thoroughly compacted to 12" above the pipe by tamping or other suitable means. Backfill under all types of paving shall be compacted in layers not to exceed 12" in thickness unless alternate method is approved by the Engineer. Backfill shall be a minimum of 98% compaction as determined by the modified Proctor Density Test to the bottom of pavement. Backfill outside of pavement areas shall be compacted the full depth to the ground surface to a minimum of 95% compaction ofAASHTO T 180 Standard Density Test. The cost of backfill shall be included in the unit price bid per lineal foot of the pipe, or, in the case of other underground structures, in the cost of such structure. 15 STREET CROSSINGS, ETC. At such crossings, and other points as may be directed by the Engineer, the trenches shall be bridged in an open and secure manner, so as to prevent any serious interruption of travel upon the roadway or sidewalk, and also to afford necessary access to public or private premises. The material used, and the mode of constructing said bridges, and the approaches, thereto, must be satisfactory to the Engineer. The cost of all such work must be included in the cost of the trench excavation. 16 RAISING OR LOWERING OF SANITARY SEWER, STORM DRAINAGE STRUCTURES Sanitary Sewer or Storm Drainage Structures shall be raised or lowered as indicated on the plans or as indicated by the Engineer. SectionlV.doc Page 15 of 127 JP61r?2Wf14 Attachment number 3 Page 41 of 153 Section IV - Technical Specifications 16.1 BASIS OF PAYMENT Payment, unless covered by a bid item, shall be included in the cost of the work. 17 UNSUITABLE MATERIAL REMOVAL All unsuitable material, such as muck, clay, rock, etc., shall be excavated and removed from the site. All material removed is property of the Contractor, who shall dispose of said material off- site at his expense. The limits of the excavation shall be determined in the field by the Engineer. 17.1 BASIS OF MEASUREMENT The basis of measurement shall be the amount of cubic yards of unsuitable material excavated and replaced with suitable material as determined by either cross sections of the excavation, truck measure, or lump sum as specified in the Scope of Work and Contract Proposal. 17.2 BASIS OF PAYMENT The unit price for the removal of unsuitable material shall include: all materials, equipment, tools, labor, disposal, hauling, excavating, dredging, placing, compaction, dressing surface and incidentals necessary to complete the work. If no pay item is given, the removal of unsuitable material shall be included in the most appropriate bid item. 18 UNDERDRAINS The Contractor shall construct sub-surface drainage pipe as directed in the Contract Scope of Work and detail drawings contained in the Project construction plans. In general, underdrain pipe shall be embedded in a bed of #6 FDOT crushed aggregate, located behind the back of curb and aggregate surface covered with a non-degradable fibrous type filter material. A #57 aggregate may be used in lieu of #6 if it is washed and screened to remove fines. The aggregate may be stone, slag or crushed gravel. Unless otherwise noted on the plans, underdrain pipe shall be 8" diameter, polyvinyl chloride pipe, in conformance with ASTM F-758 "Standard Specification For Smooth Wall PVC Underdrain Systems for Highways" latest revision, minimum stiffness of 46 in conformance with ASTM D2412, perforations in conformance with AASHTO M-189 described in FDOT Section 948-4.5 or latest revision and in conformance with ASTM D3034 - SDR 35. Alternate acceptable underdrain pipe material is Contech A-2000 which is a rigid PVC pipe exceeds ASTM Specifications D1784, minimum cell classification of 12454B or 12454C, manufactured per ASTM F949-93a, minimum pipe stiffness of 50 psi, with no evidence of splitting, cracking or breaking when pipe is tested in accordance with ASTM D2412 at 60% flatting and with a double gasket joint. Underdrain pipe placed beneath existing driveways and roadways shall be non-perforated pipe with compacted backfill. All poly-chloride pipe which has become deteriorated due to exposure to ultra violet radiation shall be rejected. Where ductile iron pipe is specified, pipe material shall be the same as specified for potable water pipe in these technical specifications. All underdrain aggregate shall be fully encased in a polyester filter fabric "sock" (Mirafi 140-N or approved equal) per the construction detail drawings. SectionlV.doc Page 16 of 127 JP61r?2Wfl4 Attachment number 3 Page 42 of 153 Section IV - Technical Specifications 18.1 BASIS OF MEASUREMENT Measurement shall be the number of lineal feet of 8" Sub-drain in place and accepted. 18.2 BASIS OF PAYMENT Payment shall be based upon the unit price per lineal foot for underdrain as measured above, which shall be full compensation for all work described in this section of the specifications and shall include all materials, equipment, and labor necessary to construct the underdrain (specifically underdrain pipe, aggregate and filter fabric). Underdrain clean-outs, sod, driveway, road and sidewalk restoration shall be paid by a separate bid item. 19 STORM SEWERS All storm drain pipe installed within the City of Clearwater shall be reinforced concrete unless otherwise specified or approved by the City Engineer. Said pipe shall comply with Section 941 of the current FDOT Specifications. All reinforced concrete pipe joints shall be wrapped with Mirafi 140N filter fabric or equivalent (as approved by the City Engineer). The cost for all pipe joint wraps shall be included in the unit price for the pipe. All pipe, just before being lowered into a trench, is to be inspected and cleaned. If any difficulty is found in the fitting the pieces together, this fitting is to be done on the surface of the street before laying the pipe, and the tops plainly marked in the order in which they are to be laid. No pipe is to be trimmed or chipped to fit. Each piece of pipe is to be solidly and evenly bedded, and not simply wedged up. Before finishing each joint, some suitable device is to be used to find that the inverts coincide and pipe is clear throughout. 19.1 AS BUILT INFORMATION The Contractor shall submit to the Engineer the stations and left or right offsets of all manholes, inlet structures and terminals ends of subdrains, as measured from the nearest downstream manhole along the centerline of the sewer along with the elevations of the north edge of manhole cover, inverts of all pipe in structures, and the flow line of inlets. (Gutter) 19.2 TESTING The Contractor shall take all precautions to secure a perfectly watertight sewer under all conditions. At the discretion of the City Engineer or his designee, the watertightness of a sewer which has a crown lying below groundwater level may be tested by measuring the infiltration. The watertightness of sewers having crowns lying above groundwater level may be tested by filling the pipe with water so as to produce a hydrostatic head of two feet or more above the crown of the sewer at the upper end of the test section of the water table outside of the sewer, whichever is higher, and then measuring the exfiltration. In no case shall the infiltration or exfiltration exceed 150 gallon per inch of diameter per mile per day. The Contractor shall furnish all labor, materials and equipment to test the amount of infiltration or exfiltration under the Engineer's direction. Where the infiltration or exfiltration is excessive the Contractor at his own expense shall take the necessary steps to remedy such conditions by uncovering the sewer, remaking the joints or by replacing the entire length of sewer as required by the Engineer. No trench made joints may be backfilled until after they have been tested and found to be acceptable. Care shall be taken to avoid flotation. SectionlV.doc Page 17 of 127 JP61r?2Wfl4 Attachment number 3 Page 43 of 153 Section IV - Technical Specifications The above tests shall be performed at the discretion of the Engineer on any or all sections of the line. 19.3 BASIS OF PAYMENT Payment shall be the unit price per lineal foot for storm sewer pipe in place and accepted, measured along the centerline of the storm sewer pipe to the inside face of exterior walls of storm manholes or drainage structures and to the outside face of endwalls. Said unit price includes all work required to install the pipe (i.e. all materials, equipment, filter fabric wrap, labor and incidentals, etc.). 20 SANITARY SEWERS AND FORCE MAINS 20.1 MATERIALS 20.1.1 GRAVITY SEWER PIPE GRAVITY SEWER PIPE SHALL BE POLYVINYL CHLORIDE OR DUCTILE IRON. Polyvinyl chloride pipe and fittings shall conform with ASTM specification D 3034 for S.D.R. 35. Sewer pipe with more than 10 feet of cover shall be SDR 26. The pipe shall be plainly marked with the above ASTM designation. The bell end of joints and fittings shall have a rubber sealing ring to provide a tight flexible seal in conformance with ASTM D 3212 76. The laying length of pipe joints shall be a maximum of 20-feet. Unless otherwise noted in these specifications or construction plans, Ductile Iron pipe and fittings for gravity sewer shall conform to Section 41 of these Technical Specifications for DIP water main except pipe shall be interior "polylined" in accordance with manufacturer's recommendations. Where sanitary sewer main is to be placed between building lots in a sideline easement, the sewer main shall, insofar as possible, be constructed without manholes or lateral connections within the side easement. The pipe material in the side easement between streets shall be C 900, SDR 18 polyvinyl chloride water main pipe as described in Technical Section 41. A two-way cleanout shall be installed on each lateral at the property line. 20.1.2 FORCE MAIN PIPE FORCE MAIN PIPE SHALL BE POLYVINYL CHLORIDE OR DUCTILE IRON. Unless otherwise noted in the specifications or construction plans, both polyvinyl chloride and ductile iron force main pipe and fittings shall conform to Section 41 of these Technical Specifications for water main pipe except that DIP shall be "polylined" in accordance with manufactures recommendations. All polyvinyl chloride pipe which has become deteriorated due to exposure to ultra violet radiation shall be rejected. 20.2 INSTALLATION 20.2.1 GRAVITY SEWER PIPE Installation of gravity sewer pipe shall be in conformance with recommended practices contained in ASTM D 2321 and Unibell UNI B 5. SectionlV.doc Page 18 of 127 ??? 2?F fl 4 Attachment number 3 Page 44 of 153 Section IV - Technical Specifications The bottom trench width in an unsupported trench shall be limited to the minimum practicable width (typically pipe OD plus 8 to 12-inch on each side) allowing working space to place and compact the haunching material. The use of trench boxes and movable sheeting shall be performed in such a manner that removal, backfill and compaction will not disturb compacted haunching material or pipe alignment. Dewatering of the trench bottom shall be accomplished using adequate means to allow preparation of bedding, placement of the haunching material and pipe in the trench without standing water. Dewatering shall continue until sufficient backfill is placed above the pipe to prevent flotation or misalignment. Where pipe bedding is insufficient to adequately support pipe, the contractor will be required to remove unsuitable material and bed pipe in Class I material (1/2" Dia. aggregate) to provide firm support of pipe. Connections to manholes with sanitary pipe shall use a joint 2 feet in length and shall use an approved water stop around pipe joint entry. The laterals shown on the plans do not necessarily reflect exact locations. The contractor is required to locate all existing laterals for reconnection and to coordinate with the construction inspector the location of all new laterals. 20.2.2 FORCE MAIN PIPE Installation of force main pipe shall be in conformance with Section 41 of these Technical Specifications for water main pipe. 20.3 AS BUILT DRAWINGS The contractor shall submit to the Engineer a marked set of "As Built" construction drawings describing both the stations and left or right offset of all lateral terminal ends as measured from the nearest downstream manhole along the center line of the sewer main. The as built drawings will also describe elevations of the north edge of the manhole cover rings and inverts of all main pipes in manholes. 20.4 TESTING 20.4.1 TESTING OF GRAVITY SEWERS The Contractor shall take all precautions to secure a perfectly water tight sewer under all conditions. The water tightness of a sewer which has a crown lying below groundwater level may be tested by measuring infiltration. The water tightness of sewers having crowns lying above groundwater level may be tested by filling the pipe with water so as to produce a hydrostatic head of two feet or more above the crown of the sewer at the upper end of the test section or the water table outside of the sewer, whichever is higher, and then measuring the exfiltra- tion. In no case shall the infiltration or exfiltration exceed 50 gallon per inch of diameter per mile per day. The Contractor shall furnish all labor, materials and equipment to test the amount of infiltration or exfiltration under the Engineer's direction. Where the infiltration or exfiltration is excessive, the Contractor at his own expense shall take the necessary steps to remedy such conditions by uncovering the sewer, remaking the joints or by replacing the entire length of sewer as required by the Engineer. No such repaired joints may be backfilled until after they have been tested and found to be acceptable. Care shall be taken to avoid flotation. The SectionlV.doc Page 19 of 127 JP61r?2Wf14 Attachment number 3 Page 45 of 153 Section IV - Technical Specifications Contractor shall TV inspect all mains to verify the true and uniform grade and the absence of bellies or dropped joints prior to acceptance. Any infiltration, dips or sags of more than 1/4- inches shall be cause for rejection. The above tests shall be performed at the discretion of the Engineer on any or all sections of the line. 20.4.2 TESTING OF FORCE MAINS Force mains shall be tested under a hydrostatic pressure of 150 P.S.I. for two (2) hours, as described in Section 41.04 of these Technical Specifications for the testing of water mains. 20.5 BASIS OF PAYMENT 20.5.1 GRAVITY SEWER PIPE Payment for in place sanitary sewer gravity main pipe shall be the unit price per lineal foot per appropriate range of depth of cut as contained in the contract proposal. Measurement for payment shall be along the centerline of the sewer main from center to center of manholes. Payment for laterals shall be the unit price per lineal foot of pipe as measured from the centerline of the sewer main pipe to the terminal end of the lateral pipe including a two-way cleanout at the property line. Payment for sewer pipe shall include all labor, equipment and materials necessary to complete the installation. This shall include clearing and grubbing, excavation, shoring and dewatering, backfill and grading. 20.5.2 FORCE MAIN PIPE Payment and measurement of force main pipe shall be the same as described in Section 41 of these Technical Specifications for water main pipe. 21 DRAINAGE The Contractor shall provide proper outlet for all water courses and drains interrupted during the progress of the work and replace them in as good condition as he found them. 22 ROADWAY BASE AND SUBGRADE 22.1 BASE This specification describes the construction of roadway base and subgrade. The Contractor shall refer to Section IV, Article 1 "Scope of Work" of the city's Contract Specifications for additional roadway base and subgrade items. Roadway base shall be 8" compacted minimum thickness unless otherwise noted on the plans or directed by the Engineer. The subgrade shall be 12" compacted minimum thickness with a minimum Limerock Bearing Ratio (LBR) of 40 unless otherwise noted on the plans or directed by the Engineer. The Contractor shall obtain from an independent testing laboratory a Proctor and an LBR for each type material. The Contractor shall also have an independent testing laboratory perform all required density testing. Where unsuitable material is found within the SectionlV.doc Page 20 of 127 JP61r?2Wf14 Attachment number 3 Page 46 of 153 Section IV - Technical Specifications limits of the base, Section IV, Article 17 (Unsuitable Material Removal) of the city's Contract Specifications will apply. Once the roadway base is completed, it shall be primed that same day (unless otherwise directed by the Engineer) per Section 300 of FDOT's Standard Specifications (latest edition). Repairs required to the base that result from a failure to place the prime in a timely manner shall be done to the City's satisfaction, and at the Contractor's expense. No paving of the exposed base can commence until the City approves the repaired base. The cost for placement of prime material shall be included in the bid item for base. The Contractor shall notify the Project Inspector a minimum of 24 hours in advance of all base and subgrade placement or reworking. The following base materials are acceptable: 1. SHELL BASE: Shell base shall be constructed in accordance with Sections 200 and 913 of FDOT's Standard Specifications (latest edition), and shall have a minimum compacted thickness as shown on the plans. The shell shall be FDOT approved. The cost of the prime coat shall be included in the bid item price for base. 2. LIMEROCK BASE: Limerock base shall be constructed in accordance with Sections 200 and 911 of FDOT's Standard Specifications (latest edition), and shall have a minimum compacted thickness as shown on the plans. The Limerock shall be from a FDOT approved certified pit. The cost of the prime coat shall be included in the bid item price for base. 3. CRUSHED CONCRETE BASE: Crushed concrete base shall be constructed in accordance with Sections 204 and 901 of FDOT's Standard Specifications (latest edition), and shall have a minimum compacted thickness as shown on the plans. The crushed concrete material shall be FDOT approved. The Contractor shall provide certified laboratory tests on gradation to confirm that the crushed concrete base material conforms to the above specifications. The LBR shall be a minimum of 185. LBR and gradation tests shall be provided to the city by the Contractor once a week for continuous operations, or every 1000 tons of material, unless requested more frequently by the City Engineer or designee. The cost of the prime coat shall be included in the bid item price for base. 4. SOIL CEMENT BASE: Unless otherwise noted, soil cement base shall be constructed in accordance with Section 270 of FDOT's 2000 Standard Specifications, and shall have a minimum compacted thickness as shown on the plans. An Asphalt Rubber Membrane Interlayer (ARMI) shall be included in the pavement design per Section 341 of FDOT's Standard Specifications (latest edition) to minimize reflective cracking unless otherwise noted in the project plans and specifications. The ARMI layer shall be overlaid with asphalt on the same day it is placed for the Contractor to receive full compensation for the work. The soil cement base design shall be by a certified lot under the direction of a Registered Florida Professional Engineer, and must be approved by the City Engineer. Said design shall provide for a minimum of 300 P.S.I. in seven days. All plant mixed soil cement shall be certified by a registered laboratory that has been approved by the Engineer. The only approved method for spreading the cement is the use of a spreader box. The use of a spreader bar for spreading cement will not be allowed. The applying of the cement shall not be allowed when the wind velocity is sufficient to jeopardize material interests SectionlV.doc Page 21 of 127 JP61r?2Wfl 4 Attachment number 3 Page 47 of 153 Section IV - Technical Specifications (i.e. vehicles, etc.) from airborne cement particles. The density testing frequency shall be at the discretion of the registered Florida Professional Engineer responsible for the soil cement design. 5. ASPHALT BASE: Full depth asphalt base shall be constructed in accordance with Section 280 of FDOT's 2000 Standard Specifications, and shall have a minimum compacted thickness as shown on the plans. The cost for preparation, placement and compaction shall be included in the per ton unit cost for asphalt unless otherwise noted in the project scope and plans. The cost of the tack coat shall be included in the bid item price for asphalt or base. 6. REWORKED BASE: When the plans call for the working of the existing base, the finished reworked base shall have a minimum compacted thickness of 8" unless otherwise shown on the plans or directed by the Engineer, and be constructed in accordance with the applicable FDOT requirements for the type of material used. The density requirements (except for asphalt and soil cement base) shall be per Section 200 6 of FDOT's Standard Specifications (latest edition). For asphalt, the density requirements are per Section 330-11, and for soil cement per Section 270-5 of FDOT's 2000 Standard Specifications. 22.1.1 BASIS OF MEASUREMENT FOR BASE AND REWORKED BASE The basis of measurement shall be the number of square yards of base in place and accepted as called for on the plans. The maximum allowable deficiency shall be a half-inch (1/2"). Areas deficient in thickness shall either be fixed by the Contractor to within acceptable tolerance, or if so approved in writing by the City Engineer, may be left in place. No payment, however, will be made for such deficient areas that are left in place. 22.1.2 BASIS OF PAYMENT FOR BASE AND REWORKED BASE The unit price for base shall include: all materials, roadbed preparation, placement, spreading, compaction, finishing, prime, base, subgrade (unless the plans specify a separate pay item), stabilization, mixing, testing, equipment, tools, hauling, labor, and all incidentals necessary to complete the work. Payment for asphalt base shall be included in the per ton unit cost for asphalt unless otherwise noted in the project scope and plans. 22.2 SUBGRADE All subgrade shall be stabilized and constructed in accordance with Sections 160 and 914 of FDOT's Standard Specifications (latest edition) unless otherwise noted herein. All subgrade shall have a minimum compacted thickness of 12" unless otherwise shown on the plans or directed by the Engineer. If limerock is used, it shall also meet the requirements of Section 911 of FDOT's Standard Specifications (latest edition). Where unsuitable material is found within the limits of the subgrade, Section IV, Article 17 (Unsuitable Material Removal) of the city's Contract Specifications will apply. The extent of said removal shall be determined by the Engineer in accordance with accepted construction practices. The Contractor is responsible for clearing, grading, filling, and removing any trees or vegetation in the roadbed below the subgrade to prepare it per the plans. The cost of this work shall be included in the unit price for base or subgrade. The Contractor shall obtain from an independent testing laboratory the bearing value after the mixing of materials for the stabilized subgrade. SectionlV.doc Page 22 of 127 JP61r?2Wf14 Attachment number 3 Page 48 of 153 Section IV - Technical Specifications 22.2.1 BASIS OF MEASUREMENT The basis of measurement shall be the number of square yards of stabilized subgrade in place and accepted as called for on the plans. The maximum allowable deficiency for mixing depth shall be per Section 161-6.4 of FDOT's 2000 Standard Specifications. Acceptable bearing values shall be per FDOT Section 160-7.2. Areas deficient in thickness or bearing values shall either be corrected by the Contractor to within acceptable tolerance, or if so approved in writing by the City Engineer, may be left in place. No payment, however, will be made for such deficient areas that are left in place (latest edition). 22.2.2 BASIS OF PAYMENT The unit price for subgrade shall include: roadbed preparation, placement, spreading, compaction, finishing, testing, stabilizing, mixing, materials, hauling, labor, equipment and all incidentals necessary to complete the work. If no pay item is given, subgrade shall be included in the bid item for base. 23 ASPHALTIC CONCRETE MATERIALS This specification is for the preparation and application of all S-Type Marshall Mix Design asphaltic concrete materials on roadway surfaces unless otherwise noted. 23.1 ASPHALTIC CONCRETE 23.1.1 AGGREGATE All aggregates shall be obtained from an approved FDOT source and shall conform to Sections 901 through 919 of FDOT's 2000 Standard Specifications. 23.1.2 BITUMINOUS MATERIALS All bituminous materials shall conform to Section 916 of FDOT's 2000 Standard Specifications. 23.2 HOT BITUMINOUS MIXTURES - PLANT, METHODS, EQUIPMENT & QUALITY ASSURANCE The plant and methods of operation used to prepare all asphaltic concrete and bituminous materials shall conform to the requirements of Section 320 of FDOT's Standard Specifications (latest edition). Unless otherwise noted, all acceptance procedures and quality control/assurance procedures shall conform to the requirements of Section 330 of FDOT's 2000 Standard Specifications. The Contractor shall note that the City shall have the right to have an independent testing laboratory select, test, and analyze, at the expense of the City, test specimens of any or all materials to be used. Tests to be performed by the independent testing laboratory every 1000 tons include, but are not limited to, Marshall stability and flow, extraction/gradation and cores to determine density and thickness. The results of such tests and analyses shall be considered, along with the tests or analyses made by the Contractor, to determine compliance with the applicable specifications for the materials so tested or analyzed. The Contractor hereby understands and accepts that wherever any portion of the work is discovered, as a result of such independent testing or investigation by the City, which fails to meet the requirements of the Contract documents, all costs of such independent inspection and investigation as well as all costs of SectionlV.doc Page 23 of 127 JP61r?2Wf14 Attachment number 3 Page 49 of 153 Section IV - Technical Specifications removal, correction, reconstruction, or repair of any such work shall be borne solely by the Contractor. Payment reductions for asphalt related items shall be determined by the following: 1. Density per Section 330-11 of FDOT's 2000 Standard Specifications. 2. Final surface or friction course tolerances per Section 330-13 of FDOT's 2000 Standard Specifications. 3. Thickness will be determined from core borings. Deficiencies of 1/4" or greater shall be corrected by the Contractor, without compensation, by either replacing the full thickness for a length extending at least 25' from each end of the deficient area, or when the Engineer allows for an overlay per Section 330-15.2.3 of FDOT's Standard Specifications (2000 edition). In addition, for excesses of 1/4" or greater, the Engineer will determine if the excess area shall be removed and replaced at no compensation, or if the pavement in question can remain with payment to be made based on the thickness specified in the contract. The Contractor shall notify the Project t Inspector a minimum of 24 hours in advance of the placement of all asphalt. 23.3 ASPHALT MIX DESIGNS AND TYPES All asphalt mix designs shall conform to the requirements of Sections 331 and 337 of FDOT's 2000 Standard Specifications. All asphalt mix designs shall be approved by the Engineer PRIOR to the commencement of the paving operation. Reclaimed asphalt pavement (RAP) material may be substituted for aggregate in the asphaltic concrete mixes up to 25% by weight. 23.4 ASPHALT PAVEMENT DESIGNS AND LAYER THICKNESS All asphalt pavement designs shall conform to the following requirements: Table 1: Layer Thickness for Asphalt (Layers Are Listed in Sequence of Construction) COURSE LAYER THICKNESS (Inches) THICKNESS (Inches) Type S-I Type S-I with Type S-III Top Layer Type S-III FC-3 Type S-III with FC-3 Top Layer Type S-I with FC-3 Top Layer I st 2nd I st 2nd I st 2nd I st 2nd I st 2nd I st 2nd I I I 11/2 11/2 2 1 1/4 3/4 1 1 21/2 1 1/4 1 1/4 1 1/2 1 1 1/2 1 3 11/2 11/2 2 1 2 1 * At the Engineer's discretion, 2" of S-III is acceptable for use on residential streets SectionlV.doc Page 24 of 127 JP61r?2Wfl 4 Attachment number 3 Page 50 of 153 Section IV - Technical Specifications Additional Notes: I. Type S-III shall be limited to the final (top) structural layer (one layer only). 2. All asphalt pavement designs shall conform to the requirements of sections 331 and 337 of FDOT's 2000 Standard Specifications. 3. All pavement designs shall include a minimum of two inches of asphalt. 4. The Contractor shall be responsible to review the project plans for complete pavement design detail. 5. Unless otherwise specified on the plans, Type S-III per Section 331 of FDOT's 2000 Standard Specifications shall be used as final riding surface on streets with the speed limit of less than 35 mph, streets with an average daily traffic (ADT) of less than 3000, and all residential streets. 6. An FC-3 friction course per section 337 of FDOT's 2000 Standard Specifications shall be used on streets with a speed limit of 35 mph or greater, and streets with an ADT of 3000 or greater. 23.5 GENERAL CONSTRUCTION REQUIREMENTS The general construction requirements for all hot bituminous pavements (including limitations of operations, preparation of mixture, preparation of surface, placement and compaction of mixture, surface requirements, correction of unacceptable pavement, etc.) shall be in accordance with Section 330 of FDOT's 2000 Standard Specifications. 23.6 CRACKS AND POTHOLE PREPARATION 23.6.1 CRACKS Cracks in roadway pavement shall be repaired prior to the application of asphaltic concrete by the following steps: I. All debris to be removed from cracks by compressed air or other suitable method. 2. Apply a multiple layered application of bituminous binder and fine aggregate, as appropriate to the depth of the crack until the void of the crack is completely filled to the level of the surrounding roadway surface. 3. If application of asphaltic concrete is not to begin immediately after crack repair, cracks are to be sanded to prevent vehicular tracking. 4. Payment for crack filling shall be included in the unit price for asphaltic concrete. 23.6.2 POTHOLES Potholes shall be repaired prior to the application of asphaltic concrete by the following steps: 1. All debris is to be removed from potholes by hand, sweeping, or other suitable method. 2. A tack coat is to be applied to the interior surface of the pothole. 3. The pothole is to be completely filled with asphaltic concrete, and thoroughly compacted. 4. Payment for pothole preparation shall be included in the unit price for asphaltic concrete. SectionlV.doc Page 25 of 127 JP61r?2Wfl 4 Attachment number 3 Page 51 of 153 Section IV - Technical Specifications 23.7 ADJUSTMENT OF MANHOLES The necessary adjustments of sanitary sewer and storm drain manholes and appurtenances shall be accomplished by the Contractor. The Contractor shall be paid on a per unit basis for each item. The use of manhole adjustment risers is acceptable under the following conditions: The riser shall meet or exceed all FDOT material, weld, and construction requirements. The riser shall consist of an A-36 hot rolled steel meeting or exceeding the minimum requirements of A.S.T.M. A-36. The riser shall be a single piece with a stainless steel adjustment stud and shall have a rust resistant finish. The use of cast iron, plastic, or fiberglass risers is not permitted. In addition, the installation of each riser shall be per manufacturer's specifications. Each manhole shall be individually measured, and each riser shall be physically marked to ensure that the proper riser is used. Also, the ring section shall be cleaned, and a bead of chemically resistant epoxy applied to the original casting, prior to installation of the riser. It is the Contractors responsibility to ensure that the manholes are measured, the risers are physically marked, the ring sections are thoroughly cleaned, and that the epoxy is properly applied prior to installation of each riser. If risers are not used, the adjustment of manholes shall be accomplished by the removal of pavement around manhole, grade adjustment of ring and cover, and acceptable replacement and compaction of roadway materials prior to paving. A full depth backfill using asphalt is acceptable. The use of Portland cement for backfill is not acceptable. All manhole and valve adjustments shall be accomplished prior to the application of final asphaltic concrete surface. Unless otherwise noted in the specs or on the plans, the paving operation shall occur within seven (7) calendar days from the completion of the adjustment. On arterial roadways, the rims manholes are to be ramped with asphalt during the time period between initial adjustment and final resurfacing. Water and gas valves, sewer cleanouts, valve boxes, tree aeration vents, etc. will be adjusted by the Contractor with the cost for this work to be included in the unit cost of the asphalt. Care must be taken around said appurtenances to ensure that they are not paved over. It is the Contractor's responsibility to inform the owners of all utilities of impending work and coordinate their adjustments so they are completed prior to the scheduled paving. 23.8 ADDITIONAL ASPHALT REQUIREMENTS 1. All impacted radius returns within project limits shall be paved unless otherwise directed by the Engineer or Project Inspector, with payment to be included in the per ton bid item for asphalt. 2. All pavement markings impacted by placement of asphalt shall be replaced prior to the road being open to traffic unless otherwise noted in the contract scope and plans. 3. All project related debris shall be hauled off the job site by the Contractor in a timely manner and at their own expense in conformance with all regulatory requirements. 4. The Contractor shall pay particular attention to sweeping when paving. The Broom Tractor way of sweeping will not be permitted. Prior to paving, all construction areas shall be swept with a Municipal type sweeper (either vacuum or mechanical type) that picks up and hauls off, dust and dirt. The sweeper must be equipped with its own water SectionlV.doc Page 26 of 127 JP61r?2Wfl 4 Attachment number 3 Page 52 of 153 Section IV - Technical Specifications supply for pre-wetting to minimize dust. Moreover, the Contractor shall sweep debris off of sidewalks, driveways, curbs and roadways each day before leaving the job site. 5. The application of tack and prime coats (either required or placed at the Engineer's discretion) shall be placed per Section 300 of FDOT's Standard Specifications (latest edition). Tack shall also be applied to the face of all curbs and driveways. The cost (including heating, hauling and applying) shall be included in the per ton bid item for asphalt, unless otherwise noted in the project scope and plans. 6. Leveling course and spot patching shall be applied to sections of the road as noted on the plans, or as directed by the Engineer, per Section 330 of FDOT's 2000 Standard Specifications. The cost shall be included in the per ton unit cost for asphalt, unless otherwise noted in the project scope and plans. 7. If an asphalt rubber binder is required, it shall conform to the requirements of Section 336 of FDOT's 2000 Standard Specifications. 8. On all streets with curb and gutter, the final compacted asphalt shall be 1/4" above the lip or face of said curb per City Index 101. 23.9 SUPERPAVE ASPHALTIC CONCRETE 1. Unless otherwise noted in this section, all of the asphaltic concrete specifications in Sections A through H above shall apply to superpave asphaltic concrete. All asphaltic concrete pavement shall be designed and placed in accordance with the FDOT Standard Specifications for Road and Bridge Construction (latest edition). 2. All aggregate shall be obtained from an approved FDOT source and shall conform to Sections 901 and 902 of FDOT's Standard Specifications (latest edition). 3. All bituminous materials shall conform to Section 916 of FDOT's Standard Specifications (latest edition). Asphaltic binder shall be Grade PG 67-22 unless otherwise specified in the Scope of Work. 4. All superpave mix designs shall conform to Sections 320 and 334 of FDOT's Standard Specifications (latest edition). 5. All general construction requirements shall conform to Section 330 of FDOT's Standard Specifications (latest edition). 23.10 BASIS OF MEASUREMENT Basis of measurement will be the number of tons of asphaltic concrete completed, in place and accepted. Truck scale weights will be required for all asphaltic concrete used. 23.11 BASIS OF PAYMENT Payment shall be made at the contract unit price for asphaltic concrete surface as specified and measured above. This price shall include all materials, preparation, hauling, placement, tack and/or prime coat either required or placed at Engineer's discretion, leveling, spot patching, filling of cracks, pothole repair, sweeping, debris removal, labor, equipment, tools, and incidentals necessary to complete the asphalt work in accordance with the plans and specifications. SectionlV.doc Page 27 of 127 JP61r?2Wf14 Attachment number 3 Page 53 of 153 Section IV - Technical Specifications 24 ADJUSTMENT TO THE UNIT BID PRICE FOR ASPHALT When this Article applies to the contract, the unit bid price for asphalt will be adjusted in accordance with the following provisions: 1. Price adjustment for asphalt shall only be made when the current FDOT Asphalt Price Index varies more than 10% from the bid price at the time of the bid opening. 2. The Bituminous Material Payment Adjustment Index published monthly by the FDOT shall be used for the adjustment of unit prices. This report is available on FDOT's internet site. The address is: http://wwwl l.myflorida.com. It is under the section "Doing Business with FDOT" in the "Contracts Administration" section under "Asphalt Index". For additional information, call FDOT @ 850-414-4000. 3. The FDOT Payment Adjustment Index in effect at the time of the bid opening will be used for the initial determination of the asphalt price. 4. The FDOT Payment Adjustment Index in effect at the time of placement of the asphalt will be used for payment calculation. 5. The monthly billing period for contract payment will be the same as the monthly period for the FDOT Payment Adjustment Index. 6. No adjustment in bid prices will be made for either tack coat or prime coat. 7. No price adjustment reflecting any further increases in the cost of asphalt will be made for any month after the expiration of the allowable contract time. 8. The City reserves the right to make adjustments for decreases in the cost of asphalt. 25 GENERAL PLANTING SPECIFICATIONS 25.1 IRRIGATION 25.1.1 DESCRIPTION A. The work specified in this Section consists of the installation of an automatic underground irrigation system as shown or noted in the plans. Provide all labor, materials, equipment, services and facilities required to perform all work in connection with the underground sprinkler irrigation system, complete, as indicated on the drawings and/or specified. Work noted as " NIC", "existing", or "by others" is not included in this pay item. B. The irrigation plans are schematic in nature. Valves and pipes shall be located in the turf/landscape areas except at road/paving crossings. All piping under paving shall be sleeved. Changes in the irrigation system layout shall be modified with the approval of the Engineer. 25.1.1.1 QUALITY ASSURANCE A. The irrigation work shall be installed by qualified personnel or a qualified irrigation subcontracting company that has experience in irrigation systems of similar size, scope, mainline, system pressure, controls, etc. SectionlV.doc Page 28 of 127 ??? 2?F fl 4 Attachment number 3 Page 54 of 153 Section IV - Technical Specifications B. All applicable ANSI, ASTM, FED.SPEC. Standards and Specifications, and all applicable building codes and other public agencies having jurisdiction upon the work shall apply. C. Workmanship: All work shall be installed in a neat, orderly and responsible manner with the recognized standards of workmanship. The Engineer reserves the right to reject material or work which does not conform to the contract documents. Rejected work shall be removed or corrected at the earliest possible time at the contractor's expense. D. Operation and Maintenance Manuals: The contractor shall prepare and deliver to the Engineer within ten (10) calendar days prior to completion of construction a minimum of three (3) hard cover binders with three rings containing the following information: I. Index sheet stating the contractor's address and business telephone number, 24 hour emergency phone number, person to contact, list of equipment with name(s) and address(es) of local manufacturer's representative(s) and local supplier where replacement equipment can be purchased. 2. Catalog and part sheet on every material and equipment installed under this contract. 3. Complete operating and maintenance instructions on all major equipment. 4. Provide the Engineer and the City of Clearwater maintenance staff with written and "hands on" instructions for major equipment and show evidence in writing to the Engineer at the conclusion of the project that this service has been rendered. a. Four-hour instruction (minimum) for the Drip Emitter equipment operation and maintenance. b. Two-hour instruction (minimum) for automatic control valve operation and maintenance. 25.1.1.2 PROJECT CONDITIONS A. The Irrigation Contractor shall coordinate the work with all other trades, all underground improvements, the location and planting of trees and all other planting. Verify planting requiring excavation 24 in. diameter and larger with the Engineer prior to installation of main lines. B. Provide temporary irrigation at all times to maintain plant materials. C. The Irrigation Contractor is responsible to maintain the work area and equipment until final acceptance by the Engineer. Repairs and replacement of equipment broken, stolen, or missing as well as regular maintenance operations shall be the obligation of the contractor. D. The Irrigation Contractor shall submit a traffic control plan (per FDOT specifications) to the Engineer prior to initiating construction on the site. The Contractor shall be responsible for the maintenance of traffic signs, barriers, and any additional equipment to comply with the FDOT standards and to ensure the safety of its employees and the public. 25.1.1.3 WARRANTY A. The Manufacturer(s) shall warrant the irrigation system components to give satisfactory service for one (1) year period from the date of acceptance by the Engineer and the City SectionlV.doc Page 29 of 127 JP61r?2Wf14 Attachment number 3 Page 55 of 153 Section IV - Technical Specifications of Clearwater. Should any problems develop within the warranty period due to inferior or faulty materials, they shall be corrected at no expense to the City of Clearwater or FDOT. 25.1.2 PRODUCTS 25.1.2.1 GENERAL A. All materials throughout the system shall be new and in perfect condition. No deviations from the specifications shall be allowed except as noted. 25.1.2.2 PIPING A. The irrigation system pipe shall be as stated herein and shall be furnished, installed and tested in accordance with these specifications. B. All pipe is herein specified to be Polyvinyl Chloride (PVC) Pipe, 1120, Schedule 40, conforming to ASTM D2665 and D1785. C. All nipples, pipe connections, bushings, swing joints, connecting equipment to the mainline is required to be threaded Polyvinyl Chloride (PVC) Pipe, Schedule 80. 25.1.2.3 PIPE FITTINGS A. All pipe fittings for Schedule 40 PVC pipe shall be as follows: Fittings shall conform to the requirements of ASTM D2466, Standard Specification for Polyvinyl Chloride (PVC) Plastic Pipe Fittings, Schedule 80. All fittings shall bear the manufacturer's name or trademark, material designation, size, applicable IPS schedule and NSF seal of approval. The connection of mainline pipe to the automatic control valve shall be assembled with threaded Schedule 80 fittings and threaded Schedule 80 nipples. 25.1.2.4 PVC PIPE CEMENT AND PRIMER A. Provide solvent cement and primer for PVC solvent weld pipe and fittings as recommended by the manufacturer. Pipe joints for solvent weld pipe to be belled end. B. Purple primer shall be applied after the pipe and fittings has been cut and cleaned. The Primer shall be of contrasting color and be easily recognizable against PVC pipe. 25.1.2.5 THREADED CONNECTIONS A. Threaded PVC connections shall be made using Teflon tape or Teflon pipe sealant. 25.1.2.6 GATE VALVES 25.1.2.6.1 MANUAL GATE VALVES 2 IN. AND SMALLER A. Provide the following, unless otherwise noted on Drawings: 1. 200-250 psi Ball Valve 2. PVC body - with Teflon Ball Seals 3. Threaded-Dual end Union Connectors 4. Non-Shock Safe-T-Shear Stem SectionlV.doc Page 30 of 127 JP61r?2Wf14 Attachment number 3 Page 56 of 153 Section IV - Technical Specifications 5. Safe-T-Shear True Union Ball Valve as manufactured by Spears Manufacturing Company, Sylmer, California, or approved equal. 25.1.2.6.2 GATE VALVES 2'/2" IN. AND LARGER A. Provide the following, unless otherwise noted on Drawings: 1. AWWA-C-509 2. 200 lb. O.W.G. 3. Cast Iron body - ASTM A 126 Class B 4. Deep socket joints 5. Rising stem 6. Bolted bonnet 7. Double disc 8. Equipped with 2" square operating key with tee handle B. Provide two (2) operating keys for gate valve 3" and larger. The "street key" shall be 5' long with a 2" square operating nut. 25.1.2.7 SLEEVES A. Sleeves: (Existing by City of Clearwater) 25.1.2.8 REMOTE CONTROL VALVES A. The remote control valve shall be a solenoid actuated, balance-pressure across-the diaphragm type capable of having a flow rate of 25-30 gallons per minute (GPM) with a pressure loss not to exceed 6.1 pounds per square inch (PSI). The valve pressure rating shall not be less than 150 psi. B. The valve body and bonnent shall be constructed of high impact weather resistant plastic, stainless steel and other chemical/UV resistant materials. The valve's one-piece diaphragm shall be of durable santoprene material with a clog resistant metering orifice. C. The valve body shall have a I" inch (FNPT) inlet and outlet or a one inch slip by slip inlet and outlet for solvent weld pipe connections. D. The valve construction shall be as such to provide for all internal parts to be removable from the top of the valve without disturbing the valve installation. E. The valve shall be as manufactured by Rain Bird Sprinkler Mfg. Corp., Glendora, California, or approved equal. F. Identify all control valves using metal I.D. tags numbered to match drawings. 25.1.2.9 VALVE BOXES A. For remote control drip valve assembly and UNIK control timer use a Brooks #36 concrete value box with #36-T cast iron traffic bearing cover, or approved equal. B. For flush valve assembly use an Ametek #181014 (10") circular valve box with #181015 cover comparable to Brooks, or approved equal. SectionlV.doc Page 31 of 127 ??? 2?F fl 4 Attachment number 3 Page 57 of 153 Section IV - Technical Specifications C. For air relief assembly use an Ametek #182001 (6") economy turf box with #182002 cover comparable to Brooks, or approved equal. 25.1.2.10 DRIP IRRIGATION 25.1.2.10.1 CONSTRUCTION A. Techline shall consist of nominal sized one-half inch (1/2") low-density linear polyethylene tubing with internal pressure compensating, continuously self-cleaning, integral drippers at a specified spacing, (12", 18", or 24" centers). The tubing shall be brown in color and conform to an outside diameter (O.D.) of 0.67 inches and an inside diameter (I.D.) of 0.57 inches. Individual pressure compensating drippers shall be welded to the inside wall of the tubing as an integral part of the tubing assembly. These drippers shall be constructed of plastic with a hard plastic diaphragm retainer and a self- flushing/cleaning elastomer diaphragm extending the full length of the dripper. 25.1.2.10.2 OPERATION A. The drippers shall have the ability to independently regulate discharge rates, with an inlet pressure of seven to seventy (7-70) pounds per square inch (PSI), at a constant flow and with a manufacturer's coefficient of variability (Cv) of 0.03. Recommended operating pressure shall be between 15-45 PSI. The dripper discharge rate shall be 0.4, 0.6, or 0.9 gallons per hour (GPH) utilizing a combination turbulent flow/reduced pressure compensation cell mechanism and a diaphragm to maintain uniform discharge rates. The drippers shall continuously clean themselves while in operation. The dripperline shall be available in 12", 18" and 24" spacing between drippers unless otherwise specified. Techline pipe depth shall be under mulch unless otherwise specified on Plans. Maximum system pressure shall be 45 PSC. Filtration shall be 120 mesh or finer. Bending radius shall be 7". B. For on-surface or under mulch installations, 6" metal wire staples (TLS6) shall be installed 3'-5' on center, and two staples installed at every change of direction. 25.1.2.10.3 LINE FLUSHING VALVES A. The sub-surface system shall utilize Automatic Line Flush Valves at the end of each independent zone area. This valve shall be capable of flushing one gallon at the beginning of each irrigation cycle. The valves shall match the dripline manufacturer and connect directly to the dripline. 25.1.2.10.4 AIR/VACUUM RELIEF VALVE A. Each independent irrigation zone shall utilize an Air/Vacuum Relief Valve at its high point(s). The air and vacuum relief valve shall seal effectively from 2 to 110 psi. 25.1.2.10.5 PRESSURE REGULATORS A. The pressure regulator shall be designed to handle steady inlet pressures over 150 pounds per square inch (psi) and maintain a constant outlet pressures of 25 psi. Regulating accuracy shall be within =/-6%. The pressure regulator shall be manufactured from high- impact engineering grade thermoplastics. Regulation shall be accomplished by a fixed stainless steel compression spring which shall be enclosed in a chamber separate from the water passage. SectionlV.doc Page 32 of 127 JP61r?2Wf14 Attachment number 3 Page 58 of 153 Section IV - Technical Specifications 25.1.2.10.6 FILTERS A. The filter shall be a multiple disc type filter with notation indicating the minimum partial size to travel through or the mesh size of the element being used. The discs shall be constructed of chemical resistant thermoplastic for corrosion resistance. 25.1.2.10.7 FITTINGS A. All connections shall be made with barb or compression type fitting connections. Fittings and dripline shall be as manufactured by the manufacturer of the dripline to ensure the integrity of the subsurface irrigation system. 25.1.2.11 AUTOMATIC CONTROL TIMER A. The irrigation controller (control module) shall be programmable by a separate transmitter device only. The program shall be communicated to the Control Module from the Field Transmitter via an infrared connection. The controller shall be of a module type which may be installed in a valve box underground. The controller shall function normally if submerged in water and the communication from the transmitter shall function if submerged in water. B. The control module shall be housed in an ABS plastic cabinet and shall be potted to insure waterproof operation. The control module shall have two mounting slots for screws allowing the module to be securely mounted inside a valve box. C. The controller shall operate on one nine volt alkaline battery for one full year regardless of the number of stations utilized. The controller shall operate 1, 2, or 4 stations either sequentially or independently. D. The controller shall have three independent programs with eight start times each, station run time capability from one minute to twelve hours in one minute increments, and a seven day calendar. The controller shall turn on stations via latching solenoids installed on the valves. Manual operations shall be initiated by attaching the Field Transmitter to the Control Module and programming a manual start. The controller shall be capable of manual single station or manual program operation. E. The controller shall be as manufactured by Rain Bird Sprinkler Mfg. Corp., Glendora, California USA. 25.1.2.12 FIELD TRANSMITTER A. The irrigation controller shall be programmable by a separate transmitter device (Field Transmitter) only. The Field Transmitter shall communicate to the Control Module via an infrared connection. The Field Transmitter shall be water resistant and housed in ABS plastic and have a removable, reversible protective sheath. The Field Transmitter shall operate on one 9V alkaline battery. B. The Field Transmitter shall have a large LCD screen and a seven-key programming pad. A beep sound shall confirm every key stroke. The screen shall automatically turn off after one minute when not in use. C. The Field Transmitter shall be capable of programming an unlimited number of UNIK Control Modules. SectionlV.doc Page 33 of 127 ???2?F 4 Attachment number 3 Page 59 of 153 Section IV - Technical Specifications D. The Field Transmitter shall be as manufactured by Rain Bird Sprinkler Mfg. Corp., Glendora, California USA. 25.1.2.13 LATCHING SOLENOID A. The Latching Solenoid shall be supplied with an installed, filtered adapter allowing installation of the solenoid onto any Rain Bird DV, PGA, PEB, PES-B, GB, of EFB series valve. B. The Latching Solenoid shall be as manufactured by Rain Bird Sprinkler Mfg. Corp., Glendora, California USA. 25.1.3 EXECUTION 25.1.3.1 GENERAL INSTALLATION REQUIREMENTS A. Before work is commenced, hold a conference with the Engineer to discuss general details of the work. B. Verify dimensions and grades at job site before work is commenced. C. During the progress of the work, a competent superintendent and any assistants necessary shall be on site, all satisfactory to the Engineer. This superintendent shall not be changed, except with the consent of the Engineer. The superintendent shall represent the Contractor in his absence and all directions given to the superintendent shall be as binding as if given to the Contractor. D. Obtain and pay for all irrigation and plumbing permits and all inspections required by outside authorities. E. All work indicated or notes on the Drawings shall be provided whether or not specifically mentioned in these Technical Special Provisions. F. If there are ambiguities between the Drawings and Specifications, and specific interpretation or clarification is not issued prior to bidding, the interpretation or clarification will be made only by the Engineer, and the Contractor shall comply with the decisions. In event the installation contradicts the directions given, the installation shall be corrected by the Contractor at no additional cost. G. Layout of sprinkler lines shown on the Drawing is diagrammatic only. Location of sprinkler equipment is contingent upon and subject to integration with all other underground utilities. Contractor shall employ all data contained in the contract Documents and shall verify this information at the construction site to confirm the manner by which it relates to the installation. H. Do not proceed with the installation of the sprinkler system when it is apparent that obstructions or grade differences exist or if conflicts in construction details, legend, or specific notes are discovered. All such obstructions, conflicts, or discrepancies shall be brought to the attention of the Engineer. 1. The disturbance of existing paving will not be permitted. Install all required sleeving prior to roadway base. SectionlV.doc Page 34 of 127 ??? 2?F fl 4 Attachment number 3 Page 60 of 153 Section IV - Technical Specifications 25.1.3.2 EXCAVATING AND BACKFILLING 25.1.3.2.1 TRENCHING - GENERAL A. Dig sides of trenches straight. Provide continuous support for pipe on bottom of trenches. Lay pipe to uniform grade. Trenching excavation shall follow layout indicated on Drawings. B. Maintain 6 in. horizontal and minimum clearance between sprinkler lines and between all lines of other trades. C. Do not install sprinkler lines directly above another line of any kind. D. Maintain 6 in. vertical minimum between sprinkler lines which cross at angles of 45 degrees to 90 degrees. E. Exercise care when excavating, trenching and working near existing utilities. 25.1.3.2.2 BACKFILLING A. All pressure supply lines (mainline) shall have 18" of fill placed over the pipe. B. Initial backfill on all lines shall be of a fine granular material with no foreign matter larger than 1/2 in. C. Compact backfill according to Section 125 of FDOT Specification Book, 1996 Edition. D. Do not, under any circumstances, use equipment or vehicle wheels for compacting soil. E. Restore grades and repair damages where settling occurs. F. Compact each layer of fill with approved equipment to achieve a maximum density per AASHTO T 180 - latest edition. Under landscaped area, compaction shall not exceed 95% of maximum density. G. Compaction shall be obtained by the use of mechanical tampers or approved hand tampers. When hand tampers are used, the materials shall be deposited in layers not more than six (6") inches thick. The hand tampers shall be suitable for this purpose and shall have a face area of not more than 100 square inches. Special precautions shall be taken to prevent damage to the irrigation system piping and adjacent utilities. 25.1.3.2.3 ROUTING OF PIPING: A. Routing of pressure and non-pressure piping lines are indicated diagrammatically on Drawings. B. Coordinate specimen trees and shrubs with routing of lines. 1. Planting locations shall take precedence over sprinkler and piping locations. 2. Report to Owner any major deviation from routing indicated. C. Conform to Drawings layout without offsetting the various assemblies from the pressure supply line. D. Layout drip tube and make any minor adjustments required due to differences between site and Drawings. Any such deviations in layout shall be within the intent of the original Drawings, and without additional cost. SectionlV.doc Page 35 of 127 JP61r?2Wf14 Attachment number 3 Page 61 of 153 Section IV - Technical Specifications E. Layout all systems using an approved staking method, and maintain the staking of approved layout. 25.1.3.3 INSTALLATION 25.1.3.3.1 WATER SUPPLY A. Connections to the water sources shall be at the approximate locations indicated on the Drawings. Make minor changes caused by actual site conditions without additional cost to the Owner. 25.1.3.3.2 ASSEMBLIES A. Routing or pressure supply lines as indicated on Drawings is diagrammatic only. Install lines and required assemblies in accordance with details on Drawings. B. Do not install multiple assemblies on plastic lines. Provide each assembly with its own outlet. When used, the pressure relief valve shall be the last assembly. C. Install all assemblies in accord with the respective detail Drawings and these Technical Special Provisions. D. Plastic pipe and threaded fittings shall be assembled using Teflon tape, applied to the male threads only. 25.1.3.3.3 SLEEVES: (EXISTING BY CITY OF CLEARWATER) A. The contractor shall verify the location of all existing sleeves as shown on the roadway, utility and/or irrigation plans and notify the Engineer of any discrepancies. 25.1.3.3.4 PLASTIC PIPE A. Install plastic pipe in accord with manufacturer's recommendations. B. Prepare all welded joints with manufacturer's cleaner prior to applying solvent. 1. Allow welded joints as least 15 minutes setup/curing time before moving or handling. 2. Partially center load pipe in trenches to prevent arching and shifting when water pressure is on. 3. Do not permit water in pipe until a period of at least four hours has elapsed for solvent weld setting and curing, unless recommended otherwise by solvent manufacturer. C. Curing 1. When the temperature is above 80 degrees F., allow soluble weld joints at least 24 hours curing time before water is introduced under pressure. D. Flushing the system: 1. After all sprinkler pipe lines and risers are in place and connected, open the control valves and flush out the system with a full head of water. E. Installing piping under existing pavement: 1. Piping under existing pavement maybe installed by jacking & boring. SectionlV.doc Page 36 of 127 JP61r?2Wf14 Attachment number 3 Page 62 of 153 Section IV - Technical Specifications 2. Secure permission from the Engineer before cutting or breaking any existing pavement. All repairs and replacements shall be approved by Engineer and shall be accomplished at no additional cost. 25.1.3.3.5 CONTROLLERS A. Install all automatic controllers as shown in the plans. 1. The location of all controllers shall be approved by the Engineers representative prior to installation. 25.1.3.3.6 REMOTE CONTROL VALVES A. Install at sufficient depth to provide not more than 6 in., nor less than 4 in. cover from the top of the valve to finish grade. B. Install valves in a plumb position with 24 in. minimum maintenance clearance from other equipment, 3 feet minimum from edges of sidewalks, buildings, and walls, and no closer than 7 feet from the back of curb or edge of pavement along roadways. C. Contractor shall adjust the valve to provide the proper flow rate or operating pressure for each sprinkler zone. 25.1.3.3.7 GATE VALVES A. Install where indicated and with sufficient clearance from other materials for proper maintenance. B. Check and tighten valve bonnet packing before backfill. 25.2 LANDSCAPE 25.2.1 GENERAL 25.2.1.1 RELATED DOCUMENTS A. The Contract Documents shall include the Plans, Details, Specifications, Bid Proposal, Contract Agreement, including Installation Schedule, all Addenda, and Contractual and Special Conditions when required. 25.2.1.2 REQUIREMENTS OF REGULATORY AGENCIES A. Comply with Federal, State, Local, and other duly constituted authorities and regulatory agencies, without additional cost to the Owner in matters pertaining to codes, safety, and environmental matters. B. Any permits for the installation or construction of any of the work included under the contract, which are required by any of the legally constituted authorities having jurisdiction, shall be arranged for by the Contractor and paid for directly by the Contractor, unless otherwise agreed upon in writing. 25.2.1.3 SCOPE OF WORK A. All provisions of Contract, including General and Special Provisions and Plans, apply to the work specified in this Section. The Scope of Work includes everything for and SectionlV.doc Page 37 of 127 JP61r?2Wfl 4 Attachment number 3 Page 63 of 153 Section IV - Technical Specifications incidental to executing and completing all landscape work shown on the Plans, Schedules, Notes and as specified herein. B. Furnish and provide all labor, plants and materials tools and equipment necessary to prepare the soil for plantings, to install and care for all plant materials (including finish grading if necessary); to remove and/or transplant existing plants if indicated; to furnish, plant, fertilize, guy and brace, water, mulch and prune all new plant materials; and to execute all other Work as described herein or indicated on the Plans. C. Work under this Section shall include labor and materials for final grading and raking to prepare the site for sodding, sprigging, or seeding, so finished lawn or playing field will appear even and uniform, will drain adequately, and will comply with the intent of the landscape drawings. D. Initial maintenance of landscape materials as specified in this document. 25.2.1.4 QUALITY ASSURANCE A. Landscape work shall be contracted to a single firm specializing in landscape work, who shall in turn subcontract no more than 40% of the work specified. All subcontractors under the control of the Contractor involved in the completion of the landscape work, shall be made known to the Owner and the Landscape Architect prior to their commencement of work on the project. B. All work of this Section shall conform to the highest standard of landscape practices. C. The Plant Material Schedule included with these Plans is provided only for the Contractor's convenience; it shall not be construed as to conflict or predominate over the Plans. If conflict between the Plans and Specifications exists, the Plan shall predominate and be considered the controlling document. D. During this work, the Contractor shall be responsible for maintaining safety among persons in his employ in accordance with the standards set by The Occupational Safety and Health Act of 1970 (and all subsequent amendments). Owner and Landscape Architect shall be held harmless from any accident, injury or any other incident resulting from compliance or non-compliance with these standards. E. The Contractor shall cooperate with and coordinate with all other trades whose work is built into or affects the work in this Section. F. All appropriate utility companies and agencies shall be contacted 72 hours prior to excavation. Call "One Call" at 1-800-432-4770. G. The Contractor shall carefully examine the site and all existing conditions affecting the work, such as: soil, obstructions, existing trees, utilities, etc. Report any conditions in conflict with the work to the Landscape Architect. 25.2.1.5 SUBMITTALS A. The Contractor is required to submit prior to the expiration of the required maintenance period, two copies of typewritten instructions recommending procedures to be established by the Owner for maintenance of landscape work for a period of one year. B. Furnish unit prices for all plant materials and inert materials, including labor for all specified work. SectionlV.doc Page 38 of 127 ??? 2?F fl 4 Attachment number 3 Page 64 of 153 Section IV - Technical Specifications 25.2.1.6 ALTERNATES, ADDITIONS, DELETIONS, SUBSTITUTIONS A. If there are additions/alternates included in these Plans and Specifications, the Contractor must propose prices to accomplish the work stated as additions/alternates at the time of bidding. B. The Owner, through his Project Representative, reserves the right to add or deduct any of the work stated herein without rendering the Contract void. C. The Contractor must have written approval by the Project Representative for any substitutions not previously agreed to in the purchase agreement: installation without approval is entirely at the Contractor's risk. D. All material acquired through additions or substitutions shall be subject to all conditions and warranties stated herein. 25.2.1.7 ABBREVIATIONS/DEFINITIONS O.A. or HT.: The over-all height of the plant measured from the ground to the natural, untied state of the majority of the foliage, not including extreme leaves, branches or fronds. CT: C. W.: SPR.: ST. TR.: MIN.: GAL.: O. C.: DIA.: LVS.: Clear trunk is measured from the ground to the bottom of the first leaf or frond stem with no foliage from ground to specified height. For example, on Canary Island Date Palms or similar, the clear trunk measurement includes the "nut" at the base of the fronds. Clear wood is measured from the ground to the bottom of the base of the lowest leaf sheath or boot, trimmed in a natural manner. For example, on Canary Island Date Palms or similar, the clear wood measurement does not include the "nut" at the base of the fronds. Spread, branches measured in natural untied position to the average crown diameter, not including extreme leaves, branches or fronds. Straight trunk. Minimum. Gallon container size, i.e., I gallon, 3 gallon, 7 gallon, etc. On center, distance between plant centers. Diameter. Leaves. SectionlV.doc Page 39 of 127 JP61r?2Wfl 4 Attachment number 3 Page 65 of 153 Section IV - Technical Specifications D.B.H.: CAL.: B&B: PPP: FG: STD.: Diameter or caliper of main trunk of tree as measured at breast height at 4-1/2 feet above grade. Caliper, the outside diameter of up to a four inch tree is measured six inches above grade, larger trees are measured at 12 inches above grade. Balled and burlapped in accordance with horticultural standards of the American Association of Nurserymen. Plants per pot. Field grown. Standard, single, straight trunk. Owner To be known as that entity which holds title or control to the premises on which the work is performed. Owner's Representative: Owner's on-site representative shall be responsible for approval of quantity and quality of materials specified and execution of installation. Contractor: Shall refer to that person or enterprise commonly known as the Landscape Contractor. Landscape Architect.: This person or firm is the responsible representative of the Owner who produces the landscape Plans and Specifications. 25.2.1.8 PRODUCT DELIVERY, STORAGE, AND HANDLING 25.2.1.8.1 PLANT MATERIALS A. Provide container grown or, if appropriate, freshly dug trees and shrubs. Do not prune prior to delivery. Do not bend or bind trees or shrubs in such a manner as to damage bark, break branches or destroy natural shape. Provide protective covering during delivery. If plant delivery is made in open vehicles, the entire load shall be suitably covered. B. All plants are to be handled at all times so that roots or root balls are adequately protected from sun, cold, or drying winds. No root balls for trees and container plants that have been cracked or broken shall be planted except upon special approval. Plants shall not be pulled by the tops or stems, nor handled in a rough or careless manner at any time. C. Balled and burlapped plants shall be moved with firm, natural, balls of soil, not less than I foot diameter of ball to every I inch caliper of trunk; root ball depth shall not be less than 2/3 of root ball diameter. B & B plants which cannot be planted upon delivery shall have their root balls covered with moist soil or mulch. SectionlV.doc Page 40 of 127 JP61r?2Wf14 Attachment number 3 Page 66 of 153 Section IV - Technical Specifications D. Trees shall be dug with adequate balls, burlapped, and wire bound if needed. Root pruning to be done a minimum of 4 weeks before removal from the field and planting at the site. Root balls may not be encased in "grow bags" or other synthetic material, except plastic shrink wrap for transport only. E. Remove all fronds form sabal palms prior to planting, but leave a minimum of 12 inches of new frond growth above the bud. Do not damage bud. On all other palms, only a minimum of palm fronds shall be removed from crown to facilitate moving and handling. Clear trunk shall be determined after minimum fronds have been removed. Boots shall be removed from trunk unless otherwise specified. Palms shall be planted within 24 hours of delivery. F. Deliver trees and shrubs after preparations for planting have been completed and plant immediately. If planting is delayed more than 6 hours after delivery, set trees and shrubs in shade, protect from weather and mechanical damage, and cover to keep the roots moist. G. Label at least one tree and one shrub of each variety with a securely attached waterproof tag bearing legible designation of botanical and common name. H. Sod: Time delivery so that sod will be placed within twenty-four (24) hours after stripping. Protect sod against drying and breaking by covering palettes of sod or placing in a shaded area. 25.2.1.9 JOB CONDITIONS 25.2.1.9.1 ACCEPTANCE OF JOB CONDITIONS. A. The Contractor shall examine the sub-grade, verify elevations, observe the conditions under which work is to be performed and notify the Landscape Architect or Project Representative in writing of unsatisfactory conditions prior to beginning work. Do not proceed with the work until unsatisfactory conditions have been corrected in a manner acceptable to the Landscape Architect. Start of work shall indicate acceptance of conditions and full responsibility for the completed work. B. Proceed with and complete the landscape work as rapidly as portions of the site become available, working within the seasonal limitations for each kind of landscape work and following the approved schedule. If seasonal limitations apply, notify the Landscape Architect for adjustments to the Schedule. C. Determine locations of all underground utilities and review for conflicts with planting procedures. D. When adverse conditions to plant growth are encountered, such as rubble fill, drainage conditions or obstruction, the Contractor shall notify the Landscape Architect in writing prior to planting. E. Plant trees and shrubs after final grades are established and prior to the planting of lawns, protecting lawn trees and promptly repairing damages from planting operations. 25.2.1.9.2 SCHEDULING OF WORK A. The work shall be carried out to completion with the utmost speed. Immediately upon award of contract, the Contractor shall prepare a construction schedule and furnish a copy SectionlV.doc Page 41 of 127 JP61r?2Wfl 4 Attachment number 3 Page 67 of 153 Section IV - Technical Specifications to the Owner's Representative and/or the Landscape Architect for approval. The Contractor shall carry out the work in accordance with the approved schedule. B. If the Contractor incurs unforeseen costs, such as overtime hours, holidays, etc. in order to complete the work within the time stated in the Contract, and/or to maintain the progress schedule, all said costs shall be borne by the Contractor at no additional cost to the Owner. C. The Owner's Representative's may request in writing work stoppage. Upon written request from the Owner's Representative, the Landscape Contractor shall suspend delivery of material and stop all work for such a period as deemed necessary by the Owner, the Owner's Representative, or the General Contractor with respect to any additional costs which may result from work stoppage. 25.2.1.9.3 UTILITIES A. The Contractor shall perform work in a manner which will avoid conflicts with utilities. Hand excavate, as required, to minimize possibility of damage to underground utilities. Maintain grade stakes set by others until removal is mutually agreed upon by all parties concerned. 25.2.2 PRODUCTS 25.2.2.1 MATERIALS 25.2.2.1.1 PLANT MATERIALS: NOMENCLATURE A. Plant species, sizes, etc. shall be per Plans and Specifications on Plant Material Scheduled. Nomenclature is per Manual of Cultivated Plant, Standard Encyclopedia of Horticulture, L.H. Bailey, or Standardized Plant Names Dictionary, American Joint Committee on Horticultural Nomenclature (latest editions), or conforms with names accepted in the nursery trade. 25.2.2.1.2 PLANT MATERIALS: QUALITY ASSURANCE A. Provide healthy, vigorous stock grown under climatic conditions similar to conditions in the locality of the project. Plants shall have a habit of growth that is normal for the species and be sound, healthy, vigorous and free from insect pests or their eggs, plant diseases, defects and injuries. Plants shall be well branched and densely foliated when in leaf and shall have healthy, well-developed root systems. B. Trees shall be heavily branched or, in the case of palms, be heavily leafed. Some plant materials may be collected stock with the approval of the Landscape Architect. Provided tree species that have a single main trunk (central leader), unless otherwise stated. Trees that have the main trunk forming a "Y" shape or parallel branching are not acceptable. C. Plant materials shall be specified and shall be Florida #1 or better as to shape and quality for the species as outlined in Grades and Standards for Nursery Plants Part I and II, Florida Department of Agriculture and Consumer Services (latest edition). D. The Owner or Landscape Architect reserves the right to inspect plant materials either at the place of growth or at the project site prior to planting for compliance with requirements for name variety, size quality, or designated area. SectionlV.doc Page 42 of 127 ??? 2?F fl 4 Attachment number 3 Page 68 of 153 Section IV - Technical Specifications E. Landscape materials shall be shipped with certificates of inspection as required by governmental authorities. The Contractor shall comply with all governing regulations that are applicable to landscape materials. F. Do not make substitutions. If specified landscape material is not available, submit Landscape Architect proof of it being non-available. In such event, if the Landscape Architect designates an available source, such shall be acquired from designated source. When authorized, a written change order for substitute material will be made by adjustment to Contract amount. G. Height and/or width of trees shall be measured from ground up; width measurement shall be normal crown spread of branches with plants in the normal position. This measurement shall not include immediate terminal growth. All measurements shall be taken after pruning for specified sizes. All trees and shrubs shall conform to measurements specified in the plant material schedule, except that plant material larger than specified may be used with the approval of the Owner or Landscape Architect; with no increase to the Contract price. Plant materials shall not be pruned prior to delivery. H. Plant Material shall be symmetrical, typical for variety and species. Plants used where symmetry is required shall be matched as nearly as possible. 1. Balled and burlapped plants shall have firm, natural balls of earth of sufficient diameter and depth to encompass the feeding root system necessary for full development of the plant and to conform with the standards of the American Association of Nurserymen. Root balls and tree trunks shall not be damaged by improper binding and B & B procedures. J. Container-grown plants may be substituted for balled and burlapped plants or vice-versa provided the quality is equal or better than specified and the Landscape Architect approves the substitution. K. Container grown stock shall have been grown in containers for at least four months, but not over two years. If requested, samples must be shown to prove no root bound condition exists. 25.2.2.1.3 GRASSES: SOD OR SEED A. Sod or seed (as/if specified) shall be a species as stated on the Plan. Solid sod shall be of even thickness and with a good root structure, 95% free of noxious week, freshly mowed before cutting, and in healthy condition when laid. It must not be stacked more than 24 hours before laying and it must be grown in soil compatible to that in which it will be installed. Sod must be kept moist prior to and after installation. B. Seed shall be delivered to the site in unopened bags with certification tags in place. Purity, germination and weed content shall be as certification requirements. 25.2.2.1.4 MULCH A. Mulch shall be 100% Grade "B" shredded cypress bark mulch, thoroughly mixed with a pre-emergence weed killer according to the label directions as specified on the plan. B. Install mulch to an even depth of 3" before compaction. SectionlV.doc Page 43 of 127 ??? 2?F fl 4 Attachment number 3 Page 69 of 153 Section IV - Technical Specifications 25.2.2.1.5 FERTILIZER A. Granular fertilizer shall be uniform in composition; free flowing and suitable for application with approved equipment; received at the site in full, labeled, unopened bags bearing the name, trade name or trademark and warranty of the producer; fully conforming to State of Florida fertilizer laws. B. All fertilizer shall bear the manufacturer's statement of analysis and shall contain the appropriate minimum amounts of elements for the type of use specified herein. C. Agriform 20-10-5 fertilizer tablets or approved equal, shall be placed in planting pit for all plant materials at time of installation and prior to completion of pit backfilling. D. Ground cover and annual areas shall receive fertilization with Osmocote Time Release Fertilizer according to product instructions and rate. E. For sod and seeded areas, fertilize with a complete granular fertilizer on Bahia and St. Augustine grass at the rate of one (1) pound of nitrogen per one thousand (1,000) square feet. Fertilizer shall be commercial grade, mixed granules, with 30% - 50% of the nitrogen being in slow or controlled release form. The ratio of nitrogen to potash will be 1:1 or 2:1 for complete fertilizer formulations. Phosphorus shall be no more than 1/4 the nitrogen level. They shall also contain magnesium and micronutrients (i.e. manganese, iron, zinc, copper, etc.). 25.2.2.1.6 STAKES AND GUYS A. For trees, approved plastic or rubber guys shall be used between the stakes and the tree trunk. Galvanized steel guy wire shall not be used. B. Stakes shall be cut from 2" x 4" pressure treated (p.t.) stock for trees over 2" caliper. Stakes shall be 2" x 2" pressure treated (p.t.) stock for trees 2" caliper and under. A minimum of 2 stakes per tree or an optional 3 stakes per tree shall be used. C. For single trunk palms, stakes shall be cut from 2" x 4" pressure treated (p.t.) stock, with a minimum of 3 stakes per palm. Batten consisting of 5 layers of burlap and 5 - 2" x 4" by 16" wood connected with two - 3/4" steel bands shall be used around the palm trunk. D. Other tree staking systems may be acceptable if approved. 25.2.2.1.7 PLANTING SOIL A. Unless stated on the plans or in the specifications, install plant material in tilled and loosened native soil backfill. It is the responsibility of the Landscape Contractor to test, prior to planting and at no additional cost to the Contract, any soils which may be unsuitable for the vigorous growth of plants. Unsuitable conditions shall be reported to the Landscape Architect immediately in writing. B. When required, planting soil media shall be provided by the Contractor and shall consist of 1/3 peat and 2/3 sandy loam, with no lumps over I". C. Backfill and clean fill dirt provided by the Contractor shall be in a loose, friable soil. There must be slight acid reaction to the soil (about 6.0 - 6.5 pH) with no excess of calcium or carbonate, and it shall be free from excess weeds, clay lumps, stones, stumps, roots and toxic substances or any other materials that might be harmful to plant growth or SectionlV.doc Page 44 of 127 JP61r?2Wf14 Attachment number 3 Page 70 of 153 Section IV - Technical Specifications a hindrance to grading, planting, and maintenance procedures and operations. No heavily organic soil, such as muck or peat shall be used as fill dirt. D. Bed preparation for annual beds under I gallon container size shall consist of 3" of Florida peat or other approved organic soil amendment spread over full length and width of planting area. Rototil organic layer 6 inches to 8 inches into native soil. 25.2.2.1.8 SOIL AMENDMENTS A. Terra-Sorb AG or approved equal, soil amendment shall be mixed with native or planting soil for all trees, shrubs, ground cover, and annuals according to manufacturer's recommended application rates and methods, if specified on the Plans. 25.2.2.1.9 TREE PROTECTION A. Wood fencing shall be 2" x 4" pressure treated (p.t.) stock with flagging on horizontal members. Space vertical members 6 feet to 8 feet on center. The barricade shall be placed so as to protect the critical protection zone area, which is the area surrounding a tree within a circle described by a radius of one foot for each inch of the tree's diameter at breast height DBH at 4 - ?/2 feet above grade. 25.2.2.1.10 ROOT BARRIER SYSTEM A. Root barrier fabric shall be installed when specified in the plans and/or specifications for protection of adjacent paved surfaces according to specific product name or equal. Install as directed by the manufacturer. 25.2.2.1.11 PACKAGED MATERIALS A. Deliver packaged materials in containers showing weight, analysis and name of manufacturer. Protect materials from deterioration during delivery and while stored at the site. 25.2.2.1.12 PESTICIDES A. Pesticides shall be only approved, safe brands applied according to manufacturer's directions. 25.2.3 EXECUTION 25.2.3.1 PREPARATION 25.2.3.1.1 OBSTRUCTIONS BELOW GROUND A. It shall be the responsibility of the Contractor to locate and mark all underground utilities, irrigation lines and wiring prior to commencement of the work. B. If underground construction, utilities or other obstructions are encountered in excavation of planting areas or pits, the Landscape Architect shall be immediately notified to select a relocated position for any materials necessary. 25.2.3.1.2 GRADING AND PREPARATION FOR PLANT MATERIALS A. All proposed landscape areas containing existing turf grass or weeds shall be treated with Monsanto's "Round-Up" per manufacturer's specifications. All proposed landscape areas SectionlV.doc Page 45 of 127 JP61r?2Wfl 4 Attachment number 3 Page 71 of 153 Section IV - Technical Specifications adjacent to water bodies shall be treated with "Rodeo" per the manufacturer's specifications. B. New plant materials will not be installed until a 98% weed/turf eradication has been achieved. More than one application may be required to produce an acceptable planting bed. C. Pre-emergent herbicides are not a substitute for spray treatment of "Round-Up" or "Rodeo", and may be used only with the written approval of the Landscape Architect. D. Should any plant material in the same, or adjacent beds be damaged by these chemicals, the same size, quantity and quality of plants shall be immediately replaced by the Contractor at no cost to the Owner. E. Any necessary corrections or repairs to the finish grades shall be accomplished by the Contractor. All planting areas shall be carefully graded and raked to smooth, even finish grade, free from depressions, lumps, stones, sticks or other debris and such that they will conform to the required finish grades and provide uniform and satisfactory surface drainage without puddling. F. The Contractor shall remove debris (sticks, stones, rubbish) over 1 - 1/2 inches in any dimension form individual tree, shrub and hedge pits and dispose of the excavated material off the site. 25.2.3.1.3 PREPARATION FOR ANNUAL BED PLANTING A. Prepare native subgrade by rototilling or loosening by hand methods. Spread 3 inches of Florida peat (1/3), sandy loam (1/3), or other approved organic soil amendment over the full length and width of planting area for annuals. Rototill organic layer 6 inches to 8 inches into the native soil. Grade the planting bed by "crowning' to insure that surface drainage, percolation, and aeration occur at rapid rates. Add Osmocote time release fertilizer according to product instructions and rate. 25.2.3.1.4 PREPARATION FOR SEEDING AND SOD AREAS A. All proposed sod areas containing existing turf grass or weeds shall be treated with Monsanto's "Round-Up" per manufacturer's specifications. All proposed sod areas adjacent to water bodies shall be treated with "Rodeo" per the Manufacturer's Specifications. B. Limit preparation to areas which will be planted promptly after preparation. Loosen sub- grade of seed and sod areas to a minimum depth of 4 inches. C. Immediately prior to any turf work, the Contractor shall finish grade the soil to a smooth, even surface assuring positive drainage away from buildings and the subsequent turf flush to the tops of adjacent curbs and sidewalks. The surface shall be sloped to existing yard drains. D. A complete fertilizer shall be applied to St. Augustine or Bahia grass at a rate of one (1) pound of nitrogen per 1000 square feet. Fertilizer shall be commercial grade, mixed granules, with 30% - 505 of the nitrogen being in slow or controlled release form. Thoroughly work fertilizer into the top 4 inches of soil. SectionlV.doc Page 46 of 127 JP61r?2Wf14 Attachment number 3 Page 72 of 153 Section IV - Technical Specifications E. Moisten prepared seed and sod areas before planting if soil is dry. Water thoroughly and allow surface moisture to dry before planting lawns. Do not create a muddy soil condition. 25.2.3.2 INSTALLATION 25.2.3.2.1 BERM CONSTRUCTION (IF SPECIFIED) A. Install berms at location and design shown on Plans and at the height and slope indicated. Height stated is for finished berm with soil at natural compaction. B. Exact location and configuration of berms may require modification to allow proper drainage; such changes will be coordinated with the Landscape Architect. C. If shown on the Plan, construct berms using clean sandy loam fill dirt which is well- drained, free of rocks, roots, or other debris, with a soil pH of an acid Nature (about 6.0 - 6.5). No heavily organic soil, such as muck or peat shall be used in berm construction. 25.2.3.2.2 LAYOUT OF PLANT MATERIALS A. Unless otherwise stipulated, plant materials shall be approximately located per the plans by scale measurements using established building, columns, curbs, screen walls, etc. as the measuring reference point. Slight shifting may be required to clear wires, prevent blockage of signage, etc. B. Shrubs and ground covers shall be located and spaced as noted on the plant material schedule (if provided), otherwise plants will be placed in the planting beds at the normally accepted spacing for each species. C. Leave an 18 inch (450 millimeters) border of mulched space between outer leaves of installed plant material and the bed line, curb, or building foundation wall for all plant sizes. D. Any necessary "minor" adjustments in the layout of planting shall be made by the Contractor with the approval of the Landscape Architect in order to conform as nearly as possible to the intent of the plans. 25.2.3.2.3 PLANTING PROCEDURES A. All shrubs, trees and ground covers or vines shall be planted in pits having vertical sides and being circular in outline. Planting pit shall be 3 to 5 times the width of the root ball. B. Plants shall be set straight or plumb, in the locations shown, at such level that after settlement normal or natural relationship of the top of the root ball with the ground surface will be established. With regards to proper nursery practices, plants under certain conditions (i.e. low and wet areas) will benefit from being planted "high" with the root ball about I inch higher than the surrounding grade. C. All plant materials shall be fertilized with Agriform 20-10-5 planting tablets, or approved equal, at time of installation and prior to completion of pit backfilling. Agriform planting tablets shall be placed uniformly around the root mass at a depth that is between the middle and the bottom of the root mass. Application rate: SectionlV.doc Page 47 of 127 ??? 2?F fl 4 Attachment number 3 Page 73 of 153 Section IV - Technical Specifications 1 gallon 1 - 21 gram tablet 3 gallon 2 - 21 gram tablet 5 gallon 3 - 21 gram tablet 7 gallon 4 - 21 gram tablet Trees 3 tablets each 1/2" (12 millimeters) caliper Palms 7- 21 gram tablets D. Native soil shall be used in back-filling plant pits or as specified. The Contractor shall be responsible for providing additional soil for building tree saucers. E. When balled and burlapped plants are set, undisturbed native soil shall be left under the base of the root ball to prevent voids. Backfill tilled and loosened native soil around the sides of the root ball. Remove the top 4 inches (100 millimeters) of burlap wire, and all tie-down material from the root ball. Do not remove these materials from the bottom of the root ball. Thoroughly water-in before bringing the back-fill up to the proper grade Roots of bare plants shall be properly spread out, and planting soil carefully worked in among them. Failure to comply is cause for rejection. F. Containerized plants shall be installed with undisturbed native soil left under the base of the root ball to prevent voids. Planting pit shall be 3 to 5 times the width of the root ball. Backfill tilled and loosened native soil around the sides of the root ball. Thoroughly water-in before bringing the backfill up to the proper grade. G. Plant spacing shall be "on center" and varies with the different plant species. Space each variety of plant equally in the planting areas. Shrubs and ground covers adjacent to straight or curved edges shall be triangular - spaced in rows parallel to those edges. Plant a minimum of 18 inches from the back of the curb to the outside edge of the plant. H. All azaleas shall be placed into a prepared bed of amended soil containing 50% weed-free Florida peat or approved equivalent. Root balls shall be scarified vertically at 120 degree angles in a triangular pattern. 1. Sabal palms may be planted deeper than normal if conditions warrant and if approved. 25.2.3.2.4 SODDING A. During periods of drought, sod shall be watered sufficiently at its origin to moisten the soil adequately to the depth to which it is to be cut. B. An application of 6-6-6, 40% organic, slow or controlled release fertilizer shall be made to all lawn areas just prior to the laying of the sod at a rate of one (1) pound of nitrogen per 1,000 square feet. The ground shall be wet down before the sod is laid in place. C. Solid sod shall be laid tightly with closely abutting staggered joints with an even surface edge and sod edge, in a neat and clean manner to the edge of all the paving and shrub areas. Cut down soil level to 1 inch to 1-1/2 inches below top of walks prior to laying sod. D. Within 2 hours after installing sod and prior to rolling, irrigate the sod. Sufficient water shall be applied to wet the sod thoroughly and to wet the sod to a depth of 2 inches (50 millimeters). Watering shall be done in a manner that will avoid erosion due to the application of excessive quantities, and the watering equipment shall be a type that will prevent damage to the finished sod surface. Watering shall be repeated as necessary to keep sod moist until rooted to subgrade. SectionlV.doc Page 48 of 127 JP61r?2Wf14 Attachment number 3 Page 74 of 153 Section IV - Technical Specifications E. The sod shall be pressed firmly into contact with the sod bed using a turf roller or other approved equipment so as to eliminate air pockets, provide a true and even surface and insure knitting without any displacement of the sod or deformation of the surfaces of sodded areas. After the sodding operation has been completed, the edges of the area shall be smooth and shall conform to the grades indicated. F. If, in the opinion of the Landscape Architect, top dressing is necessary after rolling, clean silica sand shall be used to fill voids. Evenly apply sand over the entire surface to be leveled, filling-in dips and voids and thoroughly washing into the sod areas. G. On slopes steeper than 2:1 and as required, the sod shall be fastened in place with suitable wooden pins or by other approved method. 25.2.3.2.5 SEEDING A. Seed shall be installed per the specifications of the State of Florida Department of Transportation. See plan for type of seed. 25.2.3.2.6 TREE GUYING, BRACING AND STAKING A. Tree guying, staking and bracing shall be the responsibility of the Contractor per sound nursery practices, and shall be done per details shown on the Plans. For trees, a minimum of 2 stakes per tree or an optional 3 stakes per tree at 120 degree spacing shall be used. Stakes shall be driven in at an angle, then tightened to vertical supported by approved plastic or rubber guys. Trees shall be staked with a minimum of 4 feet height of stake above grade and a minimum of 30 inches of stake below grade. B. For single trunk palms, a minimum of 3 stakes per palm at 120 degree spacing shall be used. Toenail the stakes to batten consisting of 5 layers of burlap and 5- 2 inch x 4 inch x 16 inch wood connected with two 3/4 inch steel bands. Palms shall be staked with a minimum of 5 feet of stake above grade. C. Contractor shall remove all tree guying, staking, and bracing from trees six (6) months after the date of final acceptance of the landscape work. D. Stake only trees that require support to maintain a plumb position or are in potentially hazardous areas. 25.2.3.2.7 MULCHING A. All planting beds shall be weed-free prior to mulching. B. All curb, roadway, and bed line edges will be "trenched" to help contain the applied mulch. C. All plant beds and tree rings shall be mulched evenly with a 3 inch layer (before compaction) of 100% Grade B recycled cypress bark mulch, or other mulch as specified on the Plans or General Notes. D. Mulch shall not be placed against the trunks of plant materials or foundations of buildings. Maintain a minimum 3 inch clearance for trees and shrub trunks and a minimum 6 inch clearance for the walls of buildings. E. For beds of annual flowers, a 12 inch wide x 3 inch deep band of mulch shall be installed in front of the first row of annuals. Maintain a minimum 6 inches of non-mulched clearance from the outside edge of annuals. SectionlV.doc Page 49 of 127 ??? 2?F fl 4 Attachment number 3 Page 75 of 153 Section IV - Technical Specifications 25.2.3.2.8 PRUNING A. Pruning shall be done by an experienced certified Arborist to maintain the natural shape and form of the plant. B. Upon acceptance by the Owner, prune any broken branches, remove crossed branches, and branches hanging below the clear trunk of the tree. 25.2.3.2.9 CLEAN-UP A. During landscape work, store materials and equipment where directed by the Owner. B. The Contractor shall promptly remove any materials and equipment used on the job, keeping the area neat at all times. Upon completion of all planting, dispose of all excess soil and debris leaving pavements and work areas in safe and orderly condition. C. The clean-up of the site shall include the removal and proper disposal of the tree guying, staking, and bracing materials as described in specifications. 25.2.3.2.10 PROTECTION A. The Contractor shall provide safeguards for the protection of workmen and others on, about, or adjacent to the work, as required under the parameters of the Occupational Safety and Health Administration (0.S.H.A.) standards. B. The Contractor shall protect the Owner's and adjacent property from damage. C. the Contractor shall protect the landscape work and materials from damage due to landscape operations. Maintain protection during installation and maintenance periods. D. The Contractor shall provide protection (tree barricades) for all existing trees and palms as specified. 25.2.3.2.11 REPAIR OF DAMAGES E. The Contractor shall repair all damage caused by his operations to other materials, property, or trades to a level equal in quality to the existing condition prior to damage. F. The Contractor shall be held responsible for all damage done by his work or employees to other materials or trades' work. Patching and replacement of damaged work may be done by others, at the Owner's direction, but the cost of same shall be paid by the Contractor who is responsible for the damage. 25.2.3.3 MAINTENANCE A. The Contractor shall maintain all plant materials in a first class condition from the beginning of landscape construction until Final Acceptance. B. Operations: 1. Maintenance shall include, but not be limited to, watering of turf and planting beds, mowing, fertilizing, cultivation, weeding, pruning, disease and pest control, replacement of dead materials, straightening, turf or planter settlement corrections, replacement of rejected materials, staking and guying repair and tightening, wash-out repairs and regrading, and any other procedures consistent with the good horticultural practice necessary to insure normal, vigorous and healthy growth of all work under SectionlV.doc Page 50 of 127 JP61r?2Wfl4 Attachment number 3 Page 76 of 153 Section IV - Technical Specifications the Contract. Mowing shall be consistent with the recommended height per the University of Florida Cooperative Extension Service. 2. Within the warranty period, the Contractor shall notify the Owner of any maintenance practices being followed or omitted which would be detrimental to the healthy, vigorous growth of the landscape. 3. The Contractor shall be responsible for the final watering of not less than one inch of water for all planted materials before leaving the site. 25.2.3.4 INSPECTION, REJECTION, AND ACCEPTANCE 25.2.3.4.1 INSPECTION A. Upon completion of the installation, the Contractor will notify the Owner or the Owner's Representative that the job is ready for inspection. Within 15 days of notifications, the installation will be inspected by the Landscape Architect. A written and/or graphic inspection report will be sent to the Owner and/or Landscape Contractor. 25.2.3.4.2 REJECTION AND REPLACEMENT A. The Landscape Architect shall be final judge as to the suitability and acceptability of any part of the work. Plant material will be rejected if it does not meet the requirements set forth in Plans and Specifications. B. Replace any rejected materials immediately or within 15 days and notify the Landscape Architect that the correction has been made. 25.2.3.4.3 ACCEPTANCE A. After replacement of rejected plant material (if any) have been made, and completion of all other correction items, the Owner or Project Representative will accept the project in writing. B. Upon Final Acceptance, the Owner assumes responsibility for maintenance within the terms of the Contract. Acceptance will in no way invalidate the Contractor's warranty period. C. The Contractor's warranty period will begin after final acceptance of the project by the Owner. 1. If evidence exists of any lien or claim arising out of or in connection with default in performance of this Contract, the Owner shall have the right to retain any payment sufficient to discharge such claim and all costs in connection with discharging such claim. 2. Where the Specifications call for any stipulated item or an "approved equivalent", or in words to that effect, the Contractor shall indicate the price of the type and species specified in the proposal, giving the price to be added or deducted from his Contract price. The final selection rests with the Owner or his representative. 3. Where plants installed do not meet specifications, the Owner reserves the right to request plant replacement or an appropriate deduction from the Contract amount to compensate for the value not received from the under-specified plant materials. No SectionlV.doc Page 51 of 127 JP61r?2Wfl4 Attachment number 3 Page 77 of 153 Section IV - Technical Specifications additional compensation will be made to the Contractor for plants installed that exceed specifications. 25.2.3.5 WARRANTY A. The Contractor shall warranty all palms and trees furnished under this contract for a period of one (1) year and all shrubs for a period of six (6) months. Material which is either dead or in poor health during this period or at completion will be replaced at no charge to the Owner. Should any of the plant materials show 50% or more defoliation during the warranty period, due to the Contractor's use of poor quality or improper materials or workmanship, the Contractor upon notice, shall replace without delay same with no additional cost to the Owner. Should any plant require replacing, the new plant shall be given the equal amount of warranty. 26 HDPE DEFORMED - REFORMED PIPE LINING 26.1 INTENT It is the intention of this specification to provide for the trenchless restoration of 8" to 12" sanitary sewers by the installation of a high density polyethylene, jointless, continuous, fold and form pipe liner which is watertight and chemically resistant to withstand exposure to domestic sewage including all labor, materials and equipment to provide for a complete, fully restored and functioning installation. 26.2 PRODUCT AND CONTRACTOR/INSTALLER ACCEPTABILITY The City requires that all contractors be prequalified. See General Conditions regarding contractor prequalification. In addition, the City requires a proven extensive tract record for the fold and form liner system to be used in this project. All contractors submitting for prequalification approval for this project must exhibit extensive satisfactory experience in the installation of the proposed liner system and satisfactory evidence that the proposed liner system has been extensively and successfully installed in the Unites States and the State of Florida. The installer must be certified by the liner system manufacturer for installation of the liner system. The City reserves full and complete authority to approve the satisfactory nature of the both the liner system and the installer. 26.3 MATERIALS Pipe shall be made from P. E. 3408 polyethylene resins complying with ASTM D 3350, cell classification: P.E. 345434 D for High Density. It shall be Type 3, Grade 4, Class D, according to ASTM D 1248. The Contractor shall provide certified test results for review by the Engineer, from the manufacturer, that the material conforms with the applicable requirements. Material shall have a minimum thickness of SDR 32.5. Pipe specimens shall comply with the minimum property values shown below with the applicable ASTM requirements: Material Property ASTM Method Value HDPE Tensile Strength D 638 3,300 psi Elasticity Modulus E=113,000 psi SectionlV.doc Page 52 of 127 JP61r?2Wf14 Attachment number 3 Page 78 of 153 Section IV - Technical Specifications HDPE Impact Strength D 256 A 3.0 ft-lb/in Flexure Modulus E=136,000 psi Expansion Coeff. c=0.009 in/in/deg F At the time of manufacture, each lot of liner shall be reviewed for defects and tested in accordance with ASTM D 2837 and D 1693. At the time of delivery, the liner shall be homogeneous throughout, uniform in color, free of cracks, holes, foreign materials, blisters, or deleterious faults. The Contractor shall provide, as requested, certified test results for review by the Engineer, from the manufacturer, that the material conforms with the applicable requirements. The Engineer may at any time request the Contractor provide test results from field samples to the above requirements. Liner shall be marked at 5-foot intervals or less with a coded number, which identifies the manufacturer, SDR, size, material, date, and shift on which the liner was extruded. Lining manufacturer shall submit to the Engineer for approval as requested, complete design calculations for the liner thickness. The criteria for liner design shall be HS-20 traffic loading, water table to the ground surface, minimum expected lifetime of 50 years, and no structural strength retained from the existing pipe. Liner materials shall meet manufactures specifications of Pipe Liners, Inc. 3421 N. Causeway, Suite 321, New Orleans, LA 70002, 1-800-344-3744 or approved equal. Any approved equal liner system must be approved by the Engineer as an equal system prior to receiving bids. Request for contractor prequalification and/or equal liner system approval must be received by the Engineer no later than 14 days prior to the date for receiving bids. 26.4 CLEANING/SURFACE PREPARATION It shall be the responsibility of the Contractor to clean and prepare the existing pipes for rehabilitation. The Contractor will thoroughly clean the interior of the sewers to produce a clean interior surface free of all coatings, sand, rock, roots, sludge, or other deleterious materials prior to liner insertion. Bypass pumping will be provided by the Contractor as part of the unit cost of restoration. Bypass operations are to be so arranged as to cause minimum disruptions to local traffic, residents and particularly to commercial facilities. During the cleaning and preparation operations all necessary precautions shall be taken to protect the public, all property and the sewer from damage. All material removed from the sewers shall be the Contractor's responsibility for prompt disposal in accordance with all regulatory agency requirements. The Contractor may be required to control the rate of sewer cleaning in the sanitary system to avoid heavy pollution loads at the City's treatment plants. 26.5 TELEVISION INSPECTION After cleaning, and again after the rehabilitation work on each section of the project is completed, all pipe sections shall be visually inspected by means of closed-circuit color television, and recorded on VHS format tapes provided to the project engineer. The television system used shall be designed for the purpose and suitably lighted to provide a clear picture of the entire periphery of the pipe. SectionlV.doc Page 53 of 127 JP61r?2Wfl4 Attachment number 3 Page 79 of 153 Section IV - Technical Specifications 26.6 LINER INSTALLATION Liner shall be sized to field measurements obtained by the Contractor to provide a tight fit to the full interior circumference of the existing sanitary sewer and shall be a continuous, jointless liner product from inside of manhole to inside of manhole. Contractor shall use installation methods approved by the liner manufacturer including liner placement, reforming to fit existing pipe, pressure and heat requirements and reconnection of laterals. The Contractor shall immediately notify the Engineer of any construction delays taking place during the insertion operation. Contractor shall maintain a reasonable backup system for bypass pumping should delays or problems with pumping systems develop. Liner entries at manholes shall be smooth, free of irregularities, and watertight. No pinholes, tears, cracks, thin spots, or other defects in the liner shall be permitted. Such defects shall be removed and replaced by the Contractor at his expense. OSHA requirements for installation procedures, in particular, confined spaces are to be met. 26.7 LATERAL RECONNECTION Sanitary laterals shall be reconnected as soon as possible to renew service. Laterals are to be reconnected by means of robotics, by internally cutting out the liner to 100% of the area of the original opening. All lateral reconnections are to be grouted to prevent leakage. Grouting method and material is to be approved by the Engineer. Any reconnections to laterals and connections to manholes which are observed to leak shall be resealed by the Contractor. All laterals discovered during the lining process are to be reconnected unless specifically directed otherwise by the City. The Contractor will be requested to reconnect any laterals discovered to not be reconnected at a later date. Contractor shall notify all local system users when the sanitary system will not be available for normal usage by the delivery of door hangers with appropriate information regarding the construction project. 26.8 TIME OF CONSTRUCTION Construction schedules will be submitted by the Contractor and approved by the Engineer. At no time will any sanitary sewer service connection remain inoperative for more than a eight hour period without a service bypass being operated by the Contractor. In the event that sewage backup occurs and enters buildings, the Contractor shall be responsible for cleanup, repair and property damage costs and claims. 26.9 PAYMENT Payment for sanitary sewer restoration shall be made per lineal foot including all preparation, bypass pumping, equipment, labor, materials, operations, restoration, etc, to provide a fully completed and operational sewer. Payment shall be measured from center of manhole to center of manhole for the sanitary systems and from end of pipe to end of pipe for storm systems. 27 PLANT MIX DRIVEWAYS New driveways or existing black top driveways that must be broken back in widening the pavement (remove only enough to allow adequate grade for access to the street) shall be constructed or replaced in accordance with the specifications for paving the street with the exception that the base shall be six (6) inches. Use Section 23 G Asphaltic Concrete as specified for the street paving. SectionlV.doc Page 54 of 127 JP61r?2Wfl4 Attachment number 3 Page 80 of 153 Section IV - Technical Specifications When finished surface of existing drive is gravel, replace ment shall be of like material. Payment shall be the same as Plant Mix Driveways. 27.1 BASIS OF MEASUREMENT Measurement shall be the number of square yard of Plant Mix Driveways in place and accepted. 27.2 BASIS OF PAYMENT Payment shall be the unit price per square yard for Plant Mix Driveways as measured above, which price shall be full compensation for all work described in this section of the specifications and shall include all materials, equipment, tools, labor and incidentals necessary to complete the work. 28 REPORTING OF TONNAGE OF RECYCLED MATERIALS This Article deleted. 29 CONCRETE CURBS Concrete Curbs shall be constructed to the line, grade and dimensions as shown on the plans. Unless otherwise noted, all concrete curbs shall have fiber mesh reinforcement and have a minimum strength of 3000 p.s.i. at 28 days. Expansion joints shall be placed at intervals not to exceed 100 feet, and scored joints shall be placed at intervals not to exceed 10 feet. In addition, all the requirements of City Articles 6, 7, and 8 shall also apply. The Contractor shall notify the Project Inspector a minimum of 24 hours in advance of the placement of all concrete curbs. 29.1 BASIS OF MEASUREMENT The basis of measurement shall be lineal feet of curb in place and accepted. 29.2 BASIS OF PAYMENT Payment shall be the unit price per lineal foot of curb, which price shall be full compensation for all work described in this and other applicable parts of the specifications and shall include all materials, equipment, tools, labor and incidentals necessary to complete the work. 30 CONCRETE SIDEWALKS AND DRIVEWAYS 30.1 CONCRETE SIDEWALKS Concrete sidewalks shall be constructed to the line, grade and dimensions as shown on the plans or herein specified. Unless otherwise noted, all concrete sidewalks shall have fiber mesh reinforcement and have a minimum strength of 3000 p.s.i. at 28 days. Unless otherwise specified, all concrete sidewalks shall have a minimum width of four feet (4'). Concrete sidewalks shall have a minimum thickness of four inches (4"), except at driveway crossings where a minimum thickness of six inches (6") is required. Also, 6/6 X 10/10 welded wire mesh reinforcement is required for all sidewalk that crosses driveways. The welded wire mesh shall be positioned in the middle to upper third of the placement. No compensation shall be given if the welded wire mesh is not properly placed. Expansion joints shall be placed at intervals of not SectionlV.doc Page 55 of 127 JP61r?2Wf14 Attachment number 3 Page 81 of 153 Section IV - Technical Specifications more than 100 hundred feet, and scoring marks shall be made every 5 feet. Concrete shall be poured only on compacted subgrade. In addition, all the requirements of City Articles 6, 7, and 8 shall also apply. 30.2 CONCRETE DRIVEWAYS Concrete driveways, whether new construction or replacement, shall be a minimum of six (6) inches in thickness with 6/6 x 10/10 welded wire mesh reinforcement and a minimum horizontal distance between expansion joints of no less than four (4) feet measured in any direction. The welded wire mesh shall be positioned in the middle to upper third of the placement. No compensation shall be given if the welded wire mesh is not properly placed. Concrete shall be poured only on compacted subgrade. In addition, all the requirements of City Articles 6, 7, and 8 shall also apply. The Contractor shall notify the Project Inspector a minimum of 24 hours in advance of the placement of all concrete sidewalks and driveways. 30.3 BASIS OF MEASUREMENT The basis of measurement shall be the number of square feet of 4" concrete sidewalk, 6" concrete sidewalk, and 6" concrete driveways in place and accepted. 30.4 BASIS OF PAYMENT Payment shall be the unit price per square foot for each item as measured above, which price shall be full compensation for all work described in this section and other applicable parts of the specifications and shall include all materials, equipment, tools, welded wire mesh where required, labor and incidentals necessary to complete the work. 31 SODDING Unless otherwise noted herein, the contractor shall place all sod, either shown on the plans or at the direction of the Engineer, in conformance with Sections 575, 981, 982 and 983 of FDOT's Standard Specifications (latest edition). The area for sod application shall be loosened and excavated to a suitable depth and finished to a grade compatible with existing grass and structures. Sod shall be placed with edges in close contact and shall be compacted to uniform finished grade with a sod roller immediately after placement. In sloped areas, the sod shall be graded and placed so as to prohibit erosion and undermining of the adjacent sidewalk. No sod that has been cut for more than 72 hours can be used unless authorized by the Engineer in advance. The sod shall be thoroughly watered immediately after placement. The Contractor shall continue to water sod as needed and/or directed by the Engineer as indicated by sun exposure, soil, heat and rain conditions, to establish and assure growth, until termination of the contract. Dead sod, or sod not acceptable to the Engineer, shall be removed and replaced by the Contractor at no additional compensation. Any questions concerning the type of existing sod shall be determined by the Engineer. Unless otherwise noted on the plans, payment for sod (including labor, equipment, materials, placement, rolling, watering, etc.) shall be included in other bid items. Payment for these associated bid items may be withheld until the Contractor provides the City a healthy, properly placed stand of grass. When this work is given as a separate bid item, it shall cover all labor, equipment and materials, (including water) required for this work and shall be paid for on the SectionlV.doc Page 56 of 127 JP61r?2Wfl4 Attachment number 3 Page 82 of 153 Section IV - Technical Specifications basis of each square foot in place and accepted. No payment for sod shall be made until the Contractor provides the City a healthy, properly placed stand of grass. 32 SEEDING Seed, or seed and mulch, shall only be used when specified for certain demolition projects. The seed and/or mulch shall be placed as called for on the plans in the following manner. The area to be seeded shall be brought to the required line and grade, fertilized and seeded in basic conformance with the latest edition of FDOT's Standard Specifications Sections 570, 981, 982 and 983. However, no wildflower seed shall be used, and Argentine Bahia Seed shall be used instead of Pensacola Bahia. No sprigging will be required. Also, the addition of 20 lb. of Rye Seed (to total 60 lb. of seed per acre) will be required during the stated periods. It is also required that the Contractor maintain said seed until growth is assured. When this work is given as a bid item, the item shall cover all labor, material, equipment (including water), required for this work, and shall be paid for on the basis of each square yard in place and accepted. If called for on the plans, but not shown as a bid item, then the cost of such work as stated above shall be included in the cost of other work. 33 STORM MANHOLES, INLETS, CATCH BASINS OR OTHER STORM STRUCTURES For details on specific design of a type of storm structure refer to Part B Index Numbers 200 to 235. When required, inlets, catch basins or other structures shall be constructed according to the plans and applicable parts of the specifications, Section Numbers 7, 8, & 9, and as approved by the Engineer. Said structures shall be protected and saved from damage by the elements or other causes until acceptance of the work. 33.1 BUILT UP TYPE STRUCTURES Manholes shall be constructed of brick with cast iron frames and covers as shown on the Index Numbers 201 and 202. Invert channels shall be constructed smooth and semi circular in shape conforming to inside of adjacent sewer section. Changes in direction of flow shall be made in a smooth curve of as large a radius as possible. Changes in size and grade of channels shall be made gradually and evenly. Invert channels shall be built up with brick and mortar on top of concrete base. The storm structure floor outside of channels shall be made smooth and sloped toward channels. Manhole steps shall not be provided. Joints shall be completely filled and the mortar shall be smoothed from inside of the manholes. The entire exterior of brick manholes shall be plastered with one half inch of mortar. Brick shall be laid radially with every sixth course being a stretcher course. In cases where a storm pipe extends inside a structure, the excess pipe will be cut off with a concrete saw and shall not be removed with a sledge hammer. SectionlV.doc Page 57 of 127 JP61r?2Wfl4 Attachment number 3 Page 83 of 153 Section IV - Technical Specifications 33.2 PRECAST TYPE The manhole base shall be set on a pad of dry native sand approximately five inches thick to secure proper seating and bearing. Precast Manholes and Junction Boxes: The Contractor may substitute precast manholes and junction boxes in lieu of cast in place units unless otherwise shown on the plans. Precast Inlets will not be acceptable. When precast units are substituted, the construction of such units must be in accordance with ASTM C 478, or the standard specifications at the manufacturers option. Precast structures must also meet the requirement that on the lateral faces, either inside or outside, the distance between precast openings for pipe or precast opening and top edge of precast structure be no less than wall thickness. A minimum of four courses of brick will be provided under manhole ring so that future adjustment of manhole lid can be accommodated. Manhole steps shall not be provided. Manhole using O ring between precast sections will not be acceptable for storm structures. 33.3 BASIS OF PAYMENT Payment for Junction Boxes, Manholes or other structures shall be on a unit basis. 34 MATERIAL USED This article deleted. See SECTION III, ARTICLE 19 - MATERIAL USED. 35 CONFLICT BETWEEN PLANS AND SPECIFICATIONS This article deleted. See SECTION III, ARTICLE 20 - CONFLICT BETWEEN PLANS AND SPECIFICATIONS. 36 STREET SIGNS The removal, covering or relocation of street signs by the Contractor is PROHIBITED. All street signs shall be removed, covered or relocated by the City's Traffic Engineering Division in accordance with Sections 700, 994, 995, and 996 of FDOT's Standard Specifications (latest edition). The Contractor shall notify the City's Traffic Engineering Division a minimum of 24 hours in advance of the proposed sign relocation, covering or removal. 37 AUDIONIDEO RECORDING OF WORK AREAS 37.1 CONTRACTOR TO PREPARE AUDIO/VIDEO RECORDING Prior to commencing work, the Contractor shall have a continuous color audio/video recording taken along the entire length of the Project including all affected project areas. Streets, easements, rights-of-way, lots or construction sites within the Project must be recorded to serve as a record of a pre-construction conditions. 37.2 SCHEDULING OF AUDIO/VIDEO RECORDING The video recordings shall not be made more than twenty-one (21) days prior to construction in any area. SectionlV.doc Page 58 of 127 JP61r?2Wf14 Attachment number 3 Page 84 of 153 Section IV - Technical Specifications 37.3 PROFESSIONAL VIDEOGRAPHERS The Contractor shall engage the services of a professional videographer. The color audio videotapes shall be prepared by a responsible commercial firm known to be skilled and regularly engaged in the business of pre-construction color audio-video recording documentation. 37.4 EQUIPMENT All equipment, accessories, materials and labor to perform this service shall be furnished by the Contractor. The total audio video system shall reproduce bright, sharp, clear pictures with accurate colors and shall be free from distortion, tearing, rolls or any other form of imperfection. The audio portion of the recording shall reproduce the commentary of the camera operator with proper volume, clarity and be free from distortion and interruptions. In some instances, audio video coverage may be required in areas not accessible by conventional wheeled vehicles. Such coverage shall be obtained by walking. 37.5 RECORDED INFORMATION, AUDIO Each recording shall begin with the current date, project name and be followed by the general location, i.e., viewing side and direction of progress. Accompanying the video recording of each video shall be a corresponding and simultaneously recorded audio recording. This audio recording, exclusively containing the commentary of the camera operator or aide, shall assist in viewer orientation and in any needed identification, differentiation, clarification, or objective description of the features being shown in the video portion of the recording. The audio recording shall also be free from any conversations. 37.6 RECORDED INFORMATION VIDEO All video recordings must continuously display transparent digital information to include the date and time of recording. The date information shall contain the month, day and year. The time information shall contain the hour, minutes and seconds. Additional information shall be displayed periodically. Such information shall include, but not be limited to, project name, contract number, direction of travel and the viewing side. This transparent information shall appear on the extreme upper left hand third of the screen. Camera pan, tilt, zoom-in and zoom out rates shall be sufficiently controlled such that recorded objects will be clearly viewed during videotape playback. In addition, all other camera and recording system controls, such as lens focus and aperture, video level, pedestal, chrome, white balance, and electrical focus shall be properly controlled or adjusted to maximize picture quality. The construction documentation shall be recorded in SP mode. 37.7 VIEWER ORIENTATION The audio and video portions of the recording shall maintain viewer orientation. To this end, overall establishing views of all visible house and business addresses shall be utilized. In areas where the proposed construction location will not be readily apparent to the videotape viewer, highly visible yellow flags shall be placed, by the Contractor, in such a fashion as to clearly indicate the proposed centerline of construction. When conventional wheeled vehicles are used as conveyances for the recording system, the vertical distance between the camera lens and the ground shall not exceed 10 feet. The camera shall be firmly mounted such that transport of the camera during the recording process will not cause an unsteady picture. SectionlV.doc Page 59 of 127 JP61r?2Wf14 Attachment number 3 Page 85 of 153 Section IV - Technical Specifications 37.8 LIGHTING All recording shall be done during time of good visibility. No taping shall be done during precipitation, mist or fog. The recording shall only be done when sufficient sunlight is present to properly illuminate the subjects of recording and to produce bright, sharp video recordings of those subjects. 37.9 SPEED OF TRAVEL The average rate of travel during a particular segment of coverage shall be directly proportional to the number, size and value of the surface features within that construction areas zone of influence. The rate of speed in the general direction of travel of the vehicle used during taping shall not exceed forty-four (44) feet per minute. 37.10 VIDEO LOG/INDEX All videotapes shall be permanently labeled and shall be properly identified by videotape number and project title. Each videotape shall have a log of that videotape's contents. The log shall describe the various segments of coverage contained on the video tape in terms of the names of the streets or location of easements, coverage beginning and end, directions of coverage, video unit counter numbers, engineering survey or coordinate values (if reasonably available) and the date. 37.11 AREA OF COVERAGE Tape coverage shall include all surface features located within the zone of influence of construction supported by appropriate audio coverage. Such coverage shall include, but not be limited to, existing driveways, sidewalks, curbs, pavements, drainage system features, mailboxes, landscaping, culverts, fences, signs, Contractor staging areas, adjacent structures, etc. within the area covered by the project. Of particular concern shall be the existence of any faults, fractures, or defects. Taped coverage shall be limited to one side of the Site, street, easement or right of way at any one time. 37.12 COSTS OF VIDEO SERVICES The cost to complete the requirements under this section shall be included in the contract items provided in the proposal sheet. There is no separate pay item for this work. 38 EROSION AND SILTATION CONTROL 38.1 STABILIZATION OF DENUDED AREAS No disturbed area may be denuded for more than thirty (30) calendar days unless otherwise authorized by the City Engineer. During construction, denuded areas shall be covered by mulches such as straw, hay, filter fabric, seed and mulch, sod, or some other permanent vegetation. Within sixty (60) calendar days after final grade is established on any portion of a project site, that portion of the site shall be provided with established permanent soil stabilization measures per the original site plan, whether by impervious surface or landscaping. SectionlV.doc Page 60 of 127 JP61r?2Wf14 Attachment number 3 Page 86 of 153 Section IV - Technical Specifications 38.2 PROTECTION AND STABILIZATION OF SOIL STOCKPILES Fill material stockpiles shall be protected at all times by on-site drainage controls which prevent erosion of the stockpiled material. Control of dust from such stockpiles may be required, depending upon their location and the expected length of time the stockpiles will be present. In no case shall an unstabilized stockpile remain after thirty (30) calendar days. 38.3 PROTECTION OF EXISTING STORM SEWER SYSTEMS During construction, all storm sewer inlets in the vicinity of the project shall be protected by sediment traps such as secured hay bales, sod, stone, etc., which shall be maintained and modified as required by construction progress, and which must be approved by the City Engineer before installation. 38.4 SEDIMENT TRAPPING MEASURES Sediment basins and traps, perimeter berms, filter fences, berms, sediment barriers, vegetative buffers and other measures intended to trap sediment and/or prevent the transport of sediment onto adjacent properties, or into existing water bodies; must be installed, constructed, or, in the case of vegetative buffers, protected from disturbance, as a first step in the land alteration process. Such systems shall be fully operative and inspected by the City before any other disturbance of the site begins. Earthen structures including but not limited to berms, earth filters, dams or dikes shall be stabilized and protected from drainage damage or erosion within one week of installation. 38.5 SEDIMENTATION BASINS Areas of 3 acres or more shall be required to have temporary sedimentation basins as a positive remedy against downstream siltation and will be shown and detailed on construction plans. During development, permanent detention areas may be used in place of silt basins, provided they are maintained to the satisfaction of the City. The Contractor will be required to prohibit discharge of silt through the outfall structure during construction of any detention area and will be required to clean out the detention area before installing any permanent subdrain pipe. In addition, permanent detention areas must be totally cleaned out and operating properly at final inspection and at the end of the one year warranty period. When temporary sedimentation basins are used, they shall be capable at all times of contain-ing at least one (1) cubic foot of sediment for each one hundred (100) square feet of area tributary to the basin. Such capacity shall be maintained throughout the project by regular removal of sediment from the basin. 38.6 WORKING IN OR CROSSING WATERWAYS OR WATERBODIES Land alteration and construction shall be minimized in both permanent and intermittent waterways and the immediately adjacent buffer of 25 feet from top of bank of the waterways and the buffer area whenever possible, and barriers shall be used to prevent access. Where in channel work cannot be avoided, precautions must be taken to stabilize the work area during land alteration, development and/or construction to minimize erosion. If the channel and buffer area are disturbed during land alteration, they must be stabilized within three (3) calendar days after the in channel work is completed. SectionlV.doc Page 61 of 127 JP61r?2Wf14 Attachment number 3 Page 87 of 153 Section IV - Technical Specifications Silt curtains or other filter/siltation reduction devices must be installed on the downstream side of the in channel alteration activity to eliminate impacts due to increased turbidity. Wherever stream crossings are required, properly sized temporary culverts shall be provided by the contractor and removed when construction is completed. The area of the crossing shall be restored to a condition as nearly as possible equal to that which existed prior to any construction activity. 38.7 SWALES, DITCHES AND CHANNELS All swales, ditches and channels leading from the site shall be sodded within three (3) days of excavation. All other interior swales, etc., including detention areas will be sodded prior to issuance of a Certificate of Occupancy. 38.8 UNDERGROUND UTILITY CONSTRUCTION The construction of underground utility lines and other structures shall be done in accordance with the following standards: a. No more than 400 lineal feet of trench shall be open at any one time; b. Wherever consistent with safety and space consideration, excavated material shall be cast to the uphill side of trenches. Trench material shall not be cast into or onto the slope of any stream, channel, road ditch or waterway. 38.9 MAINTENANCE All erosion and siltation control devices shall be checked regularly, especially after each rainfall and will be cleaned out and/or repaired as required. 38.10 COMPLIANCE Failure to comply with the aforementioned requirements may result in a fine and/or more stringent enforcement procedures such as (but not limited to) issuance of a "Stop Work Order". City of Clearwater Standard Detail Drawings No. 601 and 607 are examples of accepted methods that may be used or required to control erosion and siltation. SectionlV.doc Page 62 of 127 JP61r?2Wfl4 Attachment number 3 Page 88 of 153 Section IV - Technical Specifications City of Clearwater - Erosion Control This notice is to inform the prime contractor that the City of Clearwater holds them responsible for soil erosion control on their site. The City of Clearwater Engineering Department has the responsibility to minimize the amount of soil erosion into the City's streets, storm sewers and waterways. The construction of a new residence or commercial site and major remodeling of an existing site creates a potential for soil erosion. These instances are usually the result of contractors and subcontractors accessing the property with equipment or construction materials. Then rain storms redistribute the eroded soil into the adjacent streets, storm systems and waterways. When erosion takes place, a City Inspector will place a correction notice at the site. The procedure will be as follows: I st occurrence - Warning 2nd occurrence - $32 Re-inspection Fee 3rd occurrence - $80 Re-inspection Fee 4th occurrence - Stop Work Order Dependent on the severity of the erosion, the City's Engineering Department may elect to rectify the erosion problem and charge the contractor accordingly. The attached drawings and details are recommendations for the contractor to use as means to support the site from eroding. The contractor may elect to shovel and sweep the street daily or on an as needed basis. However, erosion must be held in check. If the contractor would like to meet with a City inspector on any particular site, please contact Construction Services at 562-4750 or Planning & Development Services at 562-4741. Erosion Control Required - City of Clearwater's Code of Ordinances requires erosion control on all land development projects. Erosion control must be in place and maintained throughout the job. Failure to do so may result in additional costs and time delays to the permit holder. Contact Engineering Department with specific questions at 562-4750. SectionlV.doc Page 63 of 127 JP61r?2Wf14 O U N H U N w d d w a U w O U O W O O O V` O w 00 o° x O U O w? H U W W ? w? O W -1 W H I? O?U OZO O w O Quo ??^^w^ O H H OOH Www QHO o ? Z H O?Q U `?ZO QQZZ ?OO w w .o .o a? a? x an ? ? '? 0 0 N o 0 M 00 W I? W V O H V rl 1 N N 04 0 1 N AN l O ?I V I? O U L'7 W L'7 W Q W H O W H V 04 Z 0 I? ?o ?o U O a N U ? N U ? O O U ? ,b ,b N U ? s0. O an 0 I? H 0 0 N 0 O a b U N Attachment number 3 Page 90 of 153 Section IV - Technical Specifications 39 UTILITY TIE IN LOCATION MARKING The tie in locations for utility laterals of water, sanitary sewer, and gas shall be plainly marked on the back of the curb. Marking placed on the curb shall be perpendicular with respect to the curb of the tie in location on the utility lateral. Marks shall not be placed on the curb where laterals cross diagonally under the curb. The tie in location shall be the end of the utility lateral prior to service connection. Markings shall be uniform in size and shape and colors in conformance with the code adopted by the American Public Works Association as follows: SAFETY RED Electric power, distribution & transmission Municipal Electric Systems HIGH VISIBILITY SAFETY YELLOW Gas Distribution and Transmission Oil Distribution and Transmission Dangerous Materials, Produce Lines, Steam Lines SAFETY ALERT ORANGE Telephone and Telegraph Systems Police and Fire Communications Cable Television SAFETY PRECAUTION BLUE Water Systems Slurry Pipe Lines SAFETY GREEN Sewer Systems LAVENDER RECLAIMED WATER WHITE PROPOSED EXCAVATION Marks placed on curbs shall be rectangular in shape and placed with the long dimension perpendicular to the flow line of the curb. Marks placed on valley gutter and modified curb shall be 6-inch x 3-inch and placed at the back of the curb. Marks placed on State Road and vertical curb shall be 4-inch X 2-inch and be placed on the curb face. 40 AWARD OF CONTRACT, WORK SCHEDULE AND GUARANTEE This article not used. See SECTION III, ARTICLE 24 - AWARD OF CONTRACT, WORK SCHEDULE AND GUARANTEE. 41 POTABLE WATERMAINS, RECLAIMED WATERMAINS AND APPURTENANCES 41.1 SCOPE The Contractor shall furnish all plant, labor, materials and equipment to perform all operations in connection with the construction of potable water mains, reclaimed water mains and appurtenances including clearing, excavation, trenching, backfilling and clean up. SectionlV.doc Page 65 of 127 JP61r?2Wf14 Attachment number 3 Page 91 of 153 Section IV - Technical Specifications 41.2 MATERIALS 41.2.1 GENERAL Materials, equipment and supplies furnished and permanently incorporated into the project shall be of first quality in every respect and shall be constructed and finished to high standards of workmanship. Materials shall be suitable for service intended, shall reflect modern design and engineering and shall be fabricated in a first class workmanlike manner. All materials, equipment and supplies shall be new and shall have not been in service at any time previous to installation, except as required in tests or incident to installation. Machined metal surfaces, exposed bearings and glands shall be protected against grit, dirt, chemical corrosion and other damaging effects during shipment and construction. 41.2.2 PIPE MATERIALS AND FITTINGS 41.2.2.1 DUCTILE IRON PIPE Ductile Iron Pipe shall be in accordance with ANSI/AWWA C151/A21.51 81 or latest revision. Pipe thickness class, wall thickness and working pressure shall conform to the following table: Size Class Thickness (In.) Rated Water Working Pressure (PSI) 4" 51 0.26 350 6" 50 0.25 350 8" 50 0.27 350 12" 50 0.31 350 The trench laying condition shall be Type 2, Flat bottom trench backfill lightly consolidated to centerline of pipe. Pipe shall be manufactured in accordance withANSI/AWWA C151/A21.51 81 or latest revision. Pipe shall be asphalt coated on the outside and standard cement lined and sealed coated with approved bituminous seal coat in accordance with ANSI/AWWA C104/A21.4 80 or latest revision. 41.2.2.2 POLYVINYL CHLORIDE (PVC) PIPE Polyvinyl Chloride (PVC) Pipe 4-inch through 8-inch shall be in accordance with ANSI/AWWA C900 or latest revision and the American Society for Testing Materials (ASTM) Standard D 2241 and PVC Resin Compound conforming to ASTM Specification D 1784. Polyvinyl Chloride Pipe shall have the same O.D. as Cast and Ductile Iron Pipe and be compatible for use without special adapters with Cast Iron Fittings. Pipe dimension ratio, working pressure and laying length shall conform to the following table: SectionlV.doc Page 66 of 127 JP61r?2Wfl4 Attachment number 3 Page 92 of 153 Section IV - Technical Specifications Size Dimension Ratio (OD/Thick.) Rated Water Working Pressure (PSI) Laying Length (Ft) 4 18 150 20 6 18 150 20 8 18 150 20 Pipe larger than 8-inch shall be ductile iron. The City Engineer reserves the right to require the use of ductile iron in sizes 4-inch through 8-inch when needed due to laying conditions or usage. The bell of 4-inch and larger PVC pipe shall consist of an integral wall section with a solid cross section elastomeric ring which meets the requirements of ASTM D 1869. Each length of pipe shall bear identification that will remain legible during normal handling, storage and installation and so designate the testing agency that verified the suitability of the pipe material for potable water service. All polyvinyl chloride pipe shall be laid with two (2) strands of insulated 12 gauge A.W.G. solid strand copper wire taped to the top of each joint of pipe with about 18-inches between each piece of tape. It is to be installed at every valve box through a 2-inch PVC pipe to 12-inches minimum above the top of the concrete slab. The 2-inch PVC pipe shall be the same length as the adjustable valve box, and the 2-inch PVC pipe shall be plugged with a 2-inch removable brass plug with recessed nut. This wire is to be continuous with splices made only by direct bury 3M brand splice kit approved by the Engineer. This wire is to be secured to all valves, tees and elbows. 41.2.2.3 FITTINGS AND JOINTS Fitting from 4-inch through 16-inch in size will be compact ductile iron cast in accordance with ANSI/AWWA C153/A 21.53 with mechanical joint bells. Bolts, nuts and gaskets shall be in accordance with requirements of ANSI/AWWA C153/A 21.53. The working pressure rating shall be 350 P.S.I. Ductile iron fittings shall be coated and lined in accordance with require requirements of ANSI/AWWA C104/A21.4. Mechanical joint glands shall be ductile iron in accordance with ANSI/AWWA C111/A 21.11. When reference is made to ANSI/AWWA Standards, the latest revisions apply. Only those fittings and accessories that are of domestic (USA) manufacture will be acceptable. 41.2.2.4 RESTRAINT Restraint of plugs, caps, tees, bends, etc., shall be accomplished by the use of approved mechanical restraining rings or glands installed per manufacturers recommendations. Hydrants shall be restrained by the use of swivel connecting joints. Restraining mechanical joint glands on hydrants shall be used only where hydrant runout length precludes the use of swivel joint connectors. 41.2.2.5 PIPE WITHIN CASING All pipe placed within casings shall be slip joint ductile iron restrained by the use of restraining gaskets designed for use with the particular joint being installed and have properly sized casing spacers (Cascade Series) installed on the pipe so that the pipe will be centered within the casing. SectionlV.doc Page 67 of 127 JP61r?2Wfl4 Attachment number 3 Page 93 of 153 Section IV - Technical Specifications Each end of the casing shall be properly sealed to prevent the intrusion of soil, water, or debris within the casing itself. It shall be sealed by brick and mortar, cement or any approved method by the Engineer. 41.2.3 GATE VALVES Discs of valves shall be operated by methods which will allow operation in any position with respect to the vertical. Gate valves for interior piping or exposed above grade outside structures, shall be handwheel operated with rising stems. Valves 4-inches and larger, buried in earth shall be equipped with 2-inch square operating nuts, valve boxes and covers. Valves shall be fitted with joints suitable for the pipe with which they are to be used. The direction of opening for all valves shall be to the left (counter clockwise). Pressure Rating: Unless otherwise shown or specified, valves for high pressure service shall be rated at not less than 150 psi cold water, nonshock. The manufacturer's name and pressure rating shall be cast in raised letters on the valve body. Installation: Installation shall be in accordance with good standard practice. Exposed pipelines shall be so supported that their weight is not carried through valves. Two Inch Diameter and smaller: Not allowed. These should be approved ball valves. Three Inch Diameter: Not allowed. Four Inch to Sixteen Inch Diameter: Gate Valves, 4 to 16-inch diameter, inclusive, shall be resilient seated gate valves encapsulated with EPDM Rubber in conformance with ANSI/A.W.W.A. Standard Specification C509-515 latest revision. These valves shall include the following features consistent with C509-515, full opening unobstructed waterway, zero leakage at 200 p.s.i. differential pressure, all internal parts removable from bonnet without removing body from pressure main, corrosion resistent bronze or stainless steel nonrising stem with O ring bonnet seal with epoxy coated inside and outside cast iron or ductile iron valve body.. Larger than Sixteen Inch Diameter: Gate valves larger than 16-inch shall be suitable for the service intended and shall be resilient seated gate valves encapsulated with EPDM rubber in conformance with ANSI/AWWA. These valves shall include the following features consistent with C509-80, full opening unobstructed waterway, zero leakage at 200 psi differential pressure. All valves shall be equipped with steel cut bevel gears, extended type gear case and rollers, bronze or babbitt tracks and scrapers and valved by-pass. 41.2.4 VALVE BOXES Valve boxes shall be of standard extension design and manufacture and shall be made of cast iron. No PVC Risers or Derisers are allowed as part of a valve box assembly. They are to be 3- piece valve box assembles. The lower part of the assembly can be ordered in various heights to accommodate different depths. Suitable sizes of valve boxes and extension pieces shall be provided where shown. The valve box cover shall be of cast iron. Valve boxes and their installation shall be included in the bid price for valves. Refer to City Index No. 402; Sheet I of 5 & Sheet 2 of 5 for potable water valve pad detail, and City Index No. 502; Sheet I of 2 & Sheet 2 of 2 for reclaimed water valve boxes and pad detail. SectionlV.doc Page 68 of 127 JP61r?2Wfl4 Attachment number 3 Page 94 of 153 Section IV - Technical Specifications 41.2.5 HYDRANTS No other hydrants, other than those listed below, may be used in extension to or replacement of the City of Clearwater potable water system: • Kennedy Guardian #K 81D Fire Hydrant, • Mueller Super Centurion 25 Fire Hydrant • AVK Nostalgic 2780. • American Darling B-84-B. No substitutions shall be allowed without the approval of the City of Clearwater. Above hydrants shall be in accordance with the latest revision of the AWWA Specification C 502 and include the following modifications: 1. All shipments to be palletized and tailgate delivery. 2. Hydrants shall conform to A.W.W.A. Standard C-502 latest revision and must be UL/FM listed. 3. Hydrants shall be of the compression type, closing with line pressure. 4. The operating threads will be contained in an operating chamber sealed at the top and bottom with an O-ring seal. The chamber will contain a lubricating grease or oil. 5. Hydrants shall be of the traffic model breakaway type, with the barrel made in two sections with the break flange located approximately 2-inch above the ground line. Breakaway bolts not allowed. 6. Operating nut shall be of one-piece bronze or ductile iron construction. 7. A dirt shield shall be provided to protect the operating mechanism from grit buildup and corrosion due to moisture. 8. A thrust washer shall be supplied between the operating nut and stem lock nut to facilitate operation. 9. Operating nut shall be a #7 (1-1/2-inch) pentagon nut. 10. Nozzles shall be of the tamper resistant, 1/4 turn type with O-ring seals or threaded into upper barrel. Nozzles shall be retained with a stainless steel locking device. 11. The main valve shall be of EPDM solid rubber. 12. The seat shall be of a bronze ring threaded to a bronze insert in the hydrant shoe, with 0- rings to seal the barrel from leakage of water in the shoe. 13. The main valve stem will be 304 or higher grade stainless steel and made in two sections with a breakable coupling. 14. Hydrant shall have a 6-inch Mechanical Joint epoxy lined elbow, less accessories. 15. Hydrant shall have a 5-1/4-inch valve opening, and shall be a left hand operation to open. 16. Hydrant shall be without drains. 17. Hydrant shall have two (2) 2-1/2-inch hose nozzles and one (1) 4-1/2-inch pumper nozzle. Threads shall be in accordance with the National Standard Hose Coupling Thread Specifications. SectionlV.doc Page 69 of 127 JP61r?2Wf14 Attachment number 3 Page 95 of 153 Section IV - Technical Specifications 18. Hydrant body shall have a factory finish of yellow paint. All paints shall comply with AWWA standard C-502-85 or latest revision. All hydrants will be shop tested in accordance with the latest AWWA Specification C 502. Constrained joint assemblies shall be used which have bolted mechanical and swivel joints from the hydrant tee through to the hydrant. Constrained joints shall absorb all thrust and prevent movement of the hydrant. All hydrants shall be provided with an auxiliary gate valve so that the water to the hydrant may be shut off without the necessity of closing any other valve in the distribution system. No hydrants shall be installed on the reclaimed water system unless approved by the City of Clearwater's Engineering Department. 41.2.6 SERVICE SADDLES Service saddles shall be used on all service taps to 4-inch P.V.C. water main. The largest service connection allowable on 4-inch main shall be 1-1/2-inch. Service saddles shall be used on all 2- inch service connections to 6-inch and larger mains. Service saddles QCM 406 series or Ford FC 202 series) shall be wide bodied ductile iron with epoxy or nylon coating and shall have stainless steel straps. 41.2.7 TESTS, INSPECTION AND REPAIRS 1. All materials shall be tested in accordance with the applicable Federal, ASTM or AWWA Specification and basis of rejection shall be as specified therein. Certified copies of the tests shall be submitted with each shipment of materials. 2. All materials will be subject to inspection and approved by the Engineer after delivery; and no broken, cracked, misshapen, imperfectly coated or otherwise damaged or unsatisfactory material shall be used. 3. All material found during the progress of the work to have cracks, flaws, or other defects shall be rejected and promptly removed from the site. 4. If damage occurs to any pipe, fittings, valves, hydrants or water main accessories in handling, the damage shall be immediately brought to the Engineer's attention. The Engineer shall prescribe corrective repairs or rejection of the damaged items. 41.2.8 BACKFLOW PREVENTERS The City of Clearwater owns and maintains all backflow prevention devices that are installed within their system. Therefore, any and all devices must be purchased from the City and installed by City work forces. Backflow prevention devices installed on customer's service lines at the point of delivery (service connection) shall be of a type in accordance with AWWA specification C506 or latest revision. Two (2) different types of backflow prevention devices are allowed. Type of device, when required, is determined by the degree of hazard presented to the municipal water system from possible backflow of water within the customers private system. The types of devices allowed are: SectionlV.doc Page 70 of 127 JP61r?2W 4 Attachment number 3 Page 96 of 153 Section IV - Technical Specifications 1. Double Check Valve Assembly a device composed of two single, independently acting, approved check valves, including tightly closing shutoff valves located at each end of the assembly and suitable connections for testing the watertightness of each check valve. 2. Reduced pressure principle backflow prevention device a device containing a minimum of two independently acting, approved check valves, together with an automatically operated pressure differential relief valve located between the two check valves. The unit must include tightly closing shutoff valves located at each end of the device, and each device shall be fitted with properly located test cocks. 41.2.9 TAPPING SLEEVES Steel body tapping sleeves shall be JCM Industries Inc., JCM 412 or Smith-Blair 622. All steel body tapping sleeves shall have heavy welded ASTM A 285, Grade C steel body, stainless steel bolts, manufacturer's epoxy coated body, and 3/4-inch bronze test plug. 41.2.10 BLOW OFF HYDRANTS Blow offs are not allowed. 41.3 CONSTRUCTION 41.3.1 MATERIAL HANDLING 1. Pipe, fittings, valves, hydrants and accessories shall be loaded and unloaded by lifting with hoists or skidding so as to avoid shock or damage. Under no circumstances shall such materials be dropped. Pipe handled on skidways shall not be skidded rolled against pipe already on the ground. 2. Pipe shall be so handled that the coating and lining will not be damaged. If, however, any part of the coating or lining is damaged, the repair shall be made by the Contractor at his expense in a manner satisfactory to the Engineer. 3. In distributing the material at the site of the work, each piece shall be unloaded opposite or near the place where it is to be laid in the trench. 41.3.2 PIPE LAYING 41.3.2.1 ALIGNMENT AND GRADE The pipe shall be laid and maintained to the required lines and grades with fittings, valves and hydrants at the required locations, spigots centered in bells; and all valves and hydrant stems plumb. All pipe installed shall be pigged and properly blown off before any pressure testing and sterilization of the pipe can be completed. The depth of cover over the water main shall be a minimum of 30-inches and a maximum of 42- inches below finished grade, except where approved by the Engineer to avoid conflicts and obstructions. Whenever obstructions not shown on the plans are encountered during the progress of the work and interfere to such an extent that an alteration of the plans is required, the Engineer shall have the authority to change the plans and order a deviation from the line and grade or arrange with the Owners of the structures for the removal, relocation, or reconstruction of the obstructions. SectionlV.doc Page 71 of 127 JP61r?2Wfl4 Attachment number 3 Page 97 of 153 Section IV - Technical Specifications 41.3.2.2 INSTALLATION Proper implements, tools, and facilities satisfactory to the Engineer shall be provided and used by the Contractor for the safe and convenient performance of the work. All pipe, fittings, valves and hydrants shall be carefully lowered into the trench piece by piece by means of a derrick, ropes, or other suitable tools or equipment in such a manner as to prevent damage to materials and protective coatings and linings. Under no circumstances shall materials be dropped or dumped in the trench. If damage occurs to any pipe, fittings, valves, hydrants or accessories in handling, the damage shall be immediately brought to the Engineer's attention. The Engineer shall prescribe corrective repairs or rejection of the damaged items. All pipe and fittings shall be carefully examined for cracks and other defects while suspended above the trench immediately before installation in final position. Spigot ends shall be examined with particular care as this area is the most vulnerable to damage from handling. Defective pipe or fittings shall be laid aside for inspection by the Engineer who will prescribe corrective repairs or rejection. All lumps, blisters, and excess coating shall be removed from the bell and spigot end of each pipe, and the outside of the spigot and the inside of the bell shall be wire brushed and wiped clean and dry and free from oil and grease before the pipe is laid. Pipe joints shall be made up in accordance with the manufacturer's recommendations. Every precaution shall be taken to prevent foreign material from entering the pipe while it is being placed in the line. If the pipe laying crew cannot put the pipe into the trench and in place without getting earth into it, the Engineer may require that, before lowering the pipe into the trench, a heavy, woven canvas bag of suitable size shall be placed over each end and left there until the connection is to be made to the adjacent pipe. During laying operation, no debris, tools, clothing or other materials shall be placed in the pipe. As each length of pipe is placed in the trench, the spigot end shall be centered in the bell and the pipe forced home and brought to correct line and grade. The pipe shall be secured in place with approved backfill material tamped under it except at the bells. Precautions shall be taken to prevent dirt from entering the joint space. At times when pipe laying is not in progress, the open ends of pipe shall be closed by a watertight plug or other means approved by the Engineer. The cutting of pipe for inserting valves, fittings, or closure pieces shall be done in a neat and workmanlike manner without damage to the pipe or cement lining and so as to leave a smooth end at right angles to the axis of the pipe. Pipe shall be laid with bell ends facing in the direction of laying unless directed otherwise by the Engineer. Where pipe is laid on the grade of 10 per cent or greater, the laying shall start at bottom and shall proceed upward with the bell ends of the pipe upgrade. Wherever it is necessary to deflect pipe from a straight line, either in the vertical or horizontal plane to avoid obstructions or to plumb stems; or where long radius curves are permitted, the amount of deflection allowed shall not exceed that allowed under the latest edition of ANSI/AWWA C600-82 and C900 81 or latest revisions. No pipe shall be laid when, in the opinion of the Engineer, trench conditions are unsuitable. SectionlV.doc Page 72 of 127 JP61r?2Wfl4 Attachment number 3 Page 98 of 153 Section IV - Technical Specifications 41.3.3 SETTING OF VALVES, HYDRANTS AND FITTINGS 41.3.3.1 GENERAL Valves, hydrants, fittings, plugs and caps shall be set and joined to pipe in the manner specified above for installation of pipe. 41.3.3.2 VALVES Valves in water mains shall, where possible, be located on the street property lines extended unless shown otherwise on the plans. All valves shall be installed at the tee in all cases, not to exceed 18-inches from the main line. The valve box shall not transmit any shock or stress to the valve and shall be centered and plumb over the wrench nut of the valve, with the box cover flush with the surface of the finished pavement or such other level as may be directed. Refer to City Index No. 402; Sheet 1 of 5 & Sheet 2 of 5 for potable water valve pad detail, and City Index No. 502; Sheet 1 of 2 & Sheet 2 of 2 for reclaimed water valve box and pad detail. 41.3.3.3 HYDRANTS Hydrants shall be located as shown or as directed so as to provide complete accessibility and minimize the possibility of damage from vehicles or injury to pedestrians. All hydrants located 10-feet of more from the main shall have a gate valve at the main and another gate valve at the hydrant location. No valve can be located anywhere in the hydrant run to circumvent the use of two valves. Refer to City Index No. 402; Sheet 5 of 5 for potable water hydrants. No hydrants shall be installed on the reclaimed water system unless approved by the City of Clearwater's Engineering Department. All hydrants shall stand plumb and shall have their nozzles parallel with, or at right angles to, the curb, with the pumper nozzle facing the curb. Hydrants shall be set to the established grade, with nozzles as shown or as directed by the Engineer. Each hydrant shall be connected to the main with a 6-inch ductile iron branch controlled by an independent 6 inch gate valve. 41.3.3.4 ANCHORAGE Movement of all plugs, caps, tees, bends, etc., unless otherwise specified shall be prevented by attaching approved mechanical restraining rings or glands and installed per manufacturers recommendations. Hydrants shall be held in place with restrained swivel joints. Restraining mechanical joint glands on hydrants may be used where hydrant runout length precludes the use of hydrant connecting swivel joints. Where special anchorage is required, such anchorage shall be in accordance with details shown on the plans. 41.3.4 CONNECTIONS TO EXISTING LINES Where shown on the plans or directed by the Engineer, the water lines constructed under this contract shall be connected to the existing lines now in place. No such connection shall be made until all requirements of the specifications as to tests, flushing, and sterilization have been met and the plan of the cut in to the existing line has been approved by the Engineer. SectionlV.doc Page 73 of 127 JP61r?2Wfl4 Attachment number 3 Page 99 of 153 Section IV - Technical Specifications Where connections are made between new work and existing work, the connections shall be made in a thorough and workmanlike manner using proper materials and fittings to suit the actual conditions. All fittings shall be properly sterilized and pipe will be properly swabbed before connections to existing facilities. All connections to existing facilities will be completed under the supervision of the City of Clearwater Water Division. 41.4 TESTS 41.4.1 HYDROSTATIC TESTS After installation of water mains, complete with all associated appurtenances including service taps, all sections of newly laid main shall be subject to a hydrostatic pressure test of 150 pounds per square inch for a period of two (2) hours and shall conform to AWWA C600 latest revision. All mains shall be pigged and flushed to remove all sand and other foreign matter before any hydrostatic test can or will be performed. The pressure test shall be applied by means of a pump connected to the pipe in a manner satisfactory to the Engineer. The pump, pipe connection and all necessary apparatus, together with operating personnel, shall be furnished by the Contractor at his expense. The Contractor shall make all necessary taps into the pipe line. The Owner will furnish the water for the test. Before applying the test pressure, all air shall be expelled from the pipe line. 41.4.2 NOTICE OF TEST The Contractor shall give the City of Clearwater's Owner Representative 48-hours advance notice of the time when the installation is ready for hydrostatic testing. 41.5 STERILIZATION Before the system is put into operation, all water mains and appurtenances and any item of new construction with which the water comes in contact, shall be thoroughly sterilized in accordance with AWWA C651. 41.5.1 STERILIZING AGENT The sterilizing agent shall be liquid chlorine, sodium hypochlorite solution conforming to Federal Specification 0 S 602B, Grade D, or dry hypochlorite, commonly known as "HTH" or "Perchloron". 41.5.2 FLUSHING SYSTEM Prior to the application of the sterilization agent, all mains shall be thoroughly flushed. Flushing shall continue until a clean, clear stream of water flows from the hydrants. Where hydrants are not available for flushing, such flushing shall be accomplished at the installed blow off devices generally at the ends of the lines. 41.5.3 STERILIZATION PROCEDURE All piping, valves, fittings and all other appurtenances shall be sterilized with water containing a minimum chlorine concentration of 75 ppm at any point in the system. This solution shall then remain in the distribution system for a minimum contact period of eight (8) hours and never more than 24 hours before it is flushed out. All valves in the lines being sterilized shall be opened and closed several times during the contact period. SectionlV.doc Page 74 of 127 JP61r?2Wf14 Attachment number 3 Page 100 of 153 Section IV - Technical Specifications 41.5.4 RESIDUAL CHLORINE TESTS After the sterilization outlined above has been accomplished, flushing shall continue until free residual chlorine tests not less than 0.2 ppm nor more than 3.0 ppm. Residual chlorine test shall be in accordance with standard methods using a standard DPD test set. 41.5.5 BACTERIAL TESTS After the water system has been sterilized and thoroughly flushed as specified herein, City of Clearwater Water Division or the Owner's Representative personnel shall take samples of water from remote points of the distribution system in suitable sterilized containers. The City shall forward the samples to a laboratory certified by the Florida State Board of Health for bacterial examination in accordance with AWWA C651. If tests of such samples indicate the presence of coliform organisms, the sterilization as outlined above shall be repeated until tests indicate the absence of such pollution. The bacterial tests shall be satisfactorily completed before the system is placed in operation and it shall be the Contractor's responsibility to perform the sterilization as outlined above. If methods of sterilization differ materially from those outlined above, such methods shall be in accordance with directives of the Florida State Board of Health and all methods employed shall have the approval of that agency. Definite instructions as to the collection and shipment of samples shall be secured from the laboratory prior to sterilization and shall be followed in all respects. The City of Clearwater shall secure clearance of the water main from the Florida Department of Environmental Protection before the water distribution system is put into operation. 41.6 MEASUREMENT AND PAYMENT 41.6.1 GENERAL Bids must include all sections and items as specified herein and as listed on the Bid Form. Payment for the work of constructing the project will be made at the unit price or lump sum payment for the items of work as set forth in the Bid, which payment will constitute full compensation for all labor, equipment, and materials required to complete the work. No separate payment will be made for the following items and the cost of such work shall be included in the applicable pay items of work: • Clearing and grubbing • Excavation, including necessary pavement removal • Shoring and/or dewatering • Structural fill • Backfill • Grading • Tracer wire • Refill materials • Joints materials • Tests and sterilization • Appurtenant work as required for a complete and operable system. SectionlV.doc Page 75 of 127 JP61r?2Wf14 Attachment number 3 Page 101 of 153 Section IV - Technical Specifications 41.6.2 FURNISH AND INSTALL WATER MAINS 41.6.2.1 MEASUREMENT The quantity for payment shall be the actual number of feet of pipe of each size and type satisfactorily furnished and laid, as measured along the centerline of the completed pipe line, including the length of valves and fittings. 41.6.2.2 PAYMENT Payment of the applicable unit price shall be full compensation for furnishing all plant, labor, materials and equipment, and constructing the water mains complete and ready for operation. 41.6.3 FURNISH AND INSTALL FITTINGS 41.6.3.1 MEASUREMENT The quantity for payment will be the number of tons, or decimal part thereof, of ductile iron fittings satisfactorily furnished and installed. Fitting weights shall be based on weights stamped on the body of the fitting, provided such weights do not exceed the theoretical weights by more than the tolerances permitted in ANSI/AWWA CIIO/A 21.10 82, latest revision, in which case, the weight will be based upon the theoretical weight plus the maximum tolerance. 41.6.3.2 PAYMENT Payment of the applicable unit price shall be full compensation for furnishing all plant, labor, materials, and equipment required to furnish and install ductile iron fittings. 41.6.4 FURNISH AND INSTALL GATE VALVES COMPLETE WITH BOXES AND COVERS 41.6.4.1 MEASUREMENT The quantity for payment shall be the number of gate valves of each size satisfactorily furnished and installed. 41.6.4.2 PAYMENT Payment of the applicable unit price for each size shall be full compensation for furnishing all plant, labor, material and equipment and installing the valve complete with box and cover. 41.6.5 FURNISH AND INSTALL FIRE HYDRANTS 41.6.5.1 MEASUREMENT The quantity for payment shall be the number of fire hydrants satisfactorily furnished and installed. The only hydrants allowed to be installed in the City of Clearwater utilities system are listed in Section 41.2.5. No exceptions. 41.6.5.2 PAYMENT Payment of the applicable unit price shall be full compensation for furnishing all plant, labor, material and equipment and installing the fire hydrant complete including necessary thrust SectionlV.doc Page 76 of 127 JP61r?2Wf14 Attachment number 3 Page 102 of 153 Section IV - Technical Specifications anchorage, 6-inch pipe between the main and the hydrant and gate valve and valve box on the hydrant lead. 42 GAS SYSTEM SPECIFICATIONS This article not applicable. 43 TENNIS COURTS 43.1 PAVED TENNIS COURTS 43.1.1 SOIL TREATMENTS All soil under courts shall be treated with DSMA 184 at the rate of 2 pounds active ingredient per 1,000 square foot. Materials shall be brought to the job site in tagged containers. Tags shall be retained and turned into the Engineer's Office. 43.1.2 BASE COURSE Base Course shall be Limerock 6" thick after compaction. Specifications for the base shall be the same as those for Limerock in Section IV - Article 22 of the City of Clearwater Technical Specifications. Subgrade stabilizing will not be required. Surface shall be cut to within 1/2" of true grade in preparation of 1" leveling course. Prior to applying prime coat, surface shall be approved by the Engineer. 43.1.3 PRIME COAT The material used for prime coat shall be cut-back Asphalt Grade RC-70 or RC-250 and shall conform to Section 300 of the Florida State Department of Transportation's "Standard Specifications for Road and Bridge Construction". 43.1.4 LEVELING COURSE A.Leveling Course shall be a minimum of 1" of Type S-III Asphaltic Concrete as specified in Section 331 of FDOT's Standard Specification (latest edition). The Leveling Course shall be constructed running East and West. Finish surface of leveling course shall not vary more than 1/4" when checked with a 10 foot straight edge. If a deficiency of more than 1/4" exists, the Engineer will determine if the surface should be leveled or removed and replaced. Such remedial work shall be without compensation. 43.1.5 SURFACE COURSE Surface course shall be a minimum of 1" of Type S-III Asphaltic Concrete as specified in Section 331 of FDOT's Standard Specification (latest edition). The Surface Course shall be constructed running North and South. Finish surfaces shall not vary more than 1/4" in 10 feet. Prior to application of color coat, surface shall be checked for low areas by flooding the surface with water. Low areas shall be patched as approved by the Engineer prior to application of the color coat. No areas which retain water will SectionlV.doc Page 77 of 127 JP61r?2Wfl4 Attachment number 3 Page 103 of 153 Section IV - Technical Specifications be approved. If a deficiency of more than 1/4" exists, the Engineer will determine if the surface should be leveled or removed and replaced. Such remedial work shall be without compensation. 43.1.6 COLOR COAT 43.1.6.1 MATERIALS Materials used in the patching and color coating of Tennis Courts shall be manufactured specifically for Tennis Court Application. All materials must be approved by the Engineer prior to the start of construction. Request for approval of coating materials may be submitted prior to the opening of bids. In requests for approval, the Contractor shall present manufacturer's literature along with the name, address, and date of three previous Tennis Court applications of the proposed material. 43.1.6.2 CONSTRUCTION 43.1.6.2.1 SURFACE PREPARATION The surface to be coated must be sound, smooth, and free from loose dirt or oily materials. Prior to the application of surfacing materials, the entire surface should be checked for minor depressions or irregularities. If it is determined that minor corrections are necessary, the Contractor shall make repairs using approved tack coat and/or patching mix in accordance with manufacturer's recommendations for use. After patching the surface shall not vary more than 1/8" in ten feet in any direction. If a deficiency of more than 1/8" exists, the Engineer will determine if the surface should be leveled or removed and replaced. Such remedial work shall be without compensation. In order to provide a smooth, dense underlayment of the finish course, one or more applications of resurfacer or patch mix shall be applied to the underlaying surface as deemed necessary by the Engineer. Asphaltic concrete Surface Course with a smooth tight mix and no ponding, will not require the resurfacing or patching mix. Asphaltic Concrete Surface Course which is course and rough or is ponding water will require the use of the resurfacer or patch mix. No applications shall be covered by a succeeding application until thoroughly cured. 43.1.6.2.2 FINISH COLOR COURSE The finish course shall be applied to a clean, dry surface in accordance with the manufacturer's directions. A minimum of two applications of color coat will be required. Texture of cured color coat is to be regulated in accordance with manufacturer's recommendations to provide a medium speed surface for tennis play. The color of application shall be dark green for the regulation double's playing area and red for all other others. The finished surface shall have a uniform appearance and be free from ridges and tool marks. 43.1.6.3 PLAYING LINES Forty-eight (48) hours minimum after completion of the resurfacing, 2 inch wide playing lines shall be accurately located, marked and painted with approved marking paint. SectionlV.doc Page 78 of 127 JP61r?2Wfl4 Attachment number 3 Page 104 of 153 Section IV - Technical Specifications 43.1.6.4 WEATHER LIMITATIONS No parts of the construction involving Tennis Court surfacing or patching products shall be conducted during rainfall, or when rainfall is imminent or unless the air temperature is at least 50 Degree's F and rising. NOTE: The Contractor shall notify the Project Inspector a minimum or 24 hours in advance of all base and asphalt related work. 43.2 CLAY TENNIS COURTS 43.2.1 GENERAL 43.2.1.1 SCOPE The Contractor shall furnish all labor, materials and equipment necessary for the installation of clay tennis court(s) as set forth in these specifications and /or the construction drawings. The scope of work is indicated on drawings and specified herein. Basis of design for clay courts with sub-surface irrigation system is Hydrogrid Tennis, Inc. or prior approved equal. 43.2.1.2 CONTRACTOR QUALIFICATIONS The Owner may make such investigation as he deems necessary to determine the ability of the Bidder to perform the work and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any Bid if the evidence submitted by, or investigations of such Bidders fail to satisfy the owner that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated herein within the time limit agreed upon. Factors to be considered in awarding the Bid shall include the successful completion of similar sub-surface irrigation clay tennis court installations of like value, scope, size and quality as this project, with in the last five (5) years. The Owner desires to award this contract to firms that have been in business for a minimum of five (5) years. The qualifications and experience of the personnel assigned to the project will be a determining factor in the award of the Bid. 43.2.1.3 STANDARDS The Contractor shall perform all work in a thorough, workmanlike manner and conform to standards for tennis court construction as prescribed or approved by the United States (Lawn) Tennis Association and the United States Tennis Court and Tract Builders Association. The Contractor shall construct the tennis courts with laser guided equipment. 43.2.1.4 BUILDING PERMITS AND TAXES The Contractor shall secure all construction permits required by law, the City of Clearwater will waive all permit fees. 43.2.1.5 COURT LAYOUT The Owner shall establish two horizontal control points and a construction bench mark. The Contractor shall locate the four corners of each battery and shall layout the courts in conformance with the specifications and drawings. SectionlV.doc Page 79 of 127 JP61r?2Wf14 Attachment number 3 Page 105 of 153 Section IV - Technical Specifications 43.2.1.6 BUILDING REQUIREMENTS The Owner shall provide and maintain reasonable access to the construction site, as well as an area adjacent to the site for storage and preparation of materials. Adequate water outlets within fifty (50) feet of the site shall be provided. 43.2.1.7 SCHEDULE The Owner desires to award the contract to firms who will complete this project in a reasonable time schedule. Consideration in awarding this bid will be given to firms who may commence and complete the project within a reasonable period of time after award of the bid. The Owner, in its sole discretion, will determine the reasonable schedule standard as it relates to the "Notice to Proceed." 43.2.2 SITE PREPARATION 43.2.2.1 SUITABILITY The Contractor shall examine the site to determine its suitability for installation of the courts. 43.2.2.2 DEMOLITION The contractor shall demo the existing tennis courts, remove the existing ten (10) foot high fence surrounding the tennis courts and all underground utilities within the limits of the construction area. Utilities extending outside the construction limits shall be capped and terminated. The existing tennis courts shall be ground into millings suitable to be mixed into the sub-grade at the proposed location of the new clay tennis courts. Any sub-grade material beneath the existing tennis courts not suitable for planting beds shall be removed and also utilized as sub-grade material beneath the new courts. All demolition materials not utilized in construction of the new courts shall be removed and disposed from the project site. The Contractor shall provide documentation of any recycled materials. 43.2.2.3 SUB-GRADE The sub-grade shall be graded to a tolerance of plus or minus one (1) inch of the final sub-grade elevation. The sub-grade shall be graded level. A compaction to a density not less than 95% of the maximum standard density as determined by AASHTO T-180 is required. The Contractor shall provide documentation of testing to the Owner. 43.2.2.4 FINAL GRADE The final grades outside the tennis court areas and within the construction limits shall be graded to a tolerance of plus or minus one (1) inch of the final grade elevations with positive drainage away from tennis courts and towards drainage swales or outfall structures. A compaction to a density not less than 95% of the maximum standard density as determined by AASHTO T-180 is required. The contractor shall provide documentation of testing to the Owner. 43.2.3 SLOPE 43.2.3.1 SLOPE REQUIREMENTS Rate and direction of slope of the finished surfaces shall be one (1) inch in forty (40) feet, all in one plane, as indicated on the drawings. SectionlV.doc Page 80 of 127 JP61r?2Wf14 Attachment number 3 Page 106 of 153 Section IV - Technical Specifications 43.2.4 BASE CONSTRUCTION 43.2.4.1 LINER Two layers of 6 mil construction plastic shall be installed over the sub-grade surface with a minimum overlap of five (5) feet where pieces are joined. Use only materials that are resistant to deterioration when tested in accordance with ASTM E 154, as follows: a. Polyethylene sheet, Construction Grade. 43.2.4.2 BASE COURSE The base course shall consist of six (6) inches of porous base material as supplied by Quality Aggregate of Sarasota Florida. The surface of the base course shall be smooth and even, and it shall be within one-quarter (1/4) inch of the established grade. 43.2.4.3 IRRIGATION SYSTEM Perforated pipe shall be installed in trenches in the base course. These trenches shall be in on four (4) foot centers and shall be run perpendicular to the slope of the court. The pipe shall be two and one-quarter (2-1/4) inch diameter with a nylon needle punched sock surrounding the pipe. Six (6) water control canisters shall be installed per court with each canister controlling five (5) grid pipe trenches. Provide all required controls systems time clocks; float switches, control wiring and solenoids, etc. for a complete sub-surface irrigation system. 43.2.5 PERIMETER CURBING 43.2.5.1 CURB Brick curb shall be installed around the entire perimeter of the court area with an elevation of one-quarter (1/4) to one-half (1/2) inch above the finished screening course elevation. 43.2.6 SURFACE COURSE 43.2.6.1 COURT SURFACE A surface course of ISP Type II Aquablend or Lee Hyroblend tennis court material shall be installed over the screening course to a compacted depth of one (1) inch. The Aqua/Hydroblend material shall be watered to its full depth immediately after leveling and then compacted by rolling with a tandem roller weighing 600 to 1000 pounds. The finished surface shall not vary from specified grade by more than one-eighth (1/8) inch. 43.2.7 ROOT BARRIER Root barrier (geo-tech fabric) eighteen (18) inches height shall be placed in a trench on the outside edge of the perimeter curbing eighteen (18) inches in depth with herbicide coating buttons to prevent plant root systems in entering the sub-surface base course of the clay tennis courts. SectionlV.doc Page 81 of 127 JP61r?2Wf14 Attachment number 3 Page 107 of 153 Section IV - Technical Specifications 43.2.8 FENCING 43.2.8.1 DESIGN The contractor shall provide a total color coated fencing system as indicated on drawings and described herein. All components: frames, fabric and fittings shall be black. Basis of Design Ameristar HT-25 or prior approved equal subject to strict compliance with Ameristar published specification. 43.2.8.2 POSTS All posts shall be a minimum 2-1/2" Ameristar HT-25 pipe; top rails 1-5/8" Ameristar HT-25 pipe with manufacturers standard "Permacoat" color system. 43.2.8.3 FENCE FABRIC Fence Fabric shall be 1-3/4" #6 gauge mesh throughout, manufactures standard galvanized wire with PVC coating. All fabric to be knuckled on both selvages. 43.2.8.4 GATES Provide gates at locations indicated. At service gates, provide a keeper that automatically engages gate life and holds it in the open position until manually released. Provide gate stops for double gates consisting of a mushroom-type flush plate with anchors, set in concrete, and designed to engage a center drop rod or plunger-bar. Include a locking device and padlock eyes as an integral part of the latch, permitting both gate leaves to be locked with a single padlock. Provide latch, fork type or plunger-bar type to permit operation from either side of gate, with padlock eye as an integral part of the latch. Gate Hinges - Size and material to suit gate size, non-lift-off type, and offset to permit 180-degree gate opening. Provide one and one-half (1-1/2) pair of hinges for each leaf over six (6) foot nominal height. 43.2.9 WINDSCREENS The contractor shall provide nine (9) foot high windscreens at all ten (10) foot high fencing. Basis of design is Durashade plus by Ball Products, Inc. or equal by Putterman. Black high- density polyethylene, eight (8) oz. per square yard edges hemmed with grommets at twelve (12) inch on center. Attach to chain link fencing at the top and bottom with 50 LBS plastic ties. 43.2.10 COURT EQUIPMENT 43.2.10.1 POST FOUNDATIONS Post foundations shall be not less than thirty-six (36) inches in length, eighteen (18) inches in width and thirty (30) inches in depth. Foundations shall be placed to provide an exact distance between posts of forty-two (42) feet on a doubles court and thirty-three (33) feet on a singles court. 43.2.10.2 NET POSTS & SLEEVES Net posts shall be galvanized steel having an outside diameter of not less than two and seven- eighths (2 7/8) inches with electrostatically applied enamel finish and shall be equipped with a reel type net tightening device. Post sleeves and posts shall be set plumb and true so as to support SectionlV.doc Page 82 of 127 JP61r?2Wfl4 Attachment number 3 Page 108 of 153 Section IV - Technical Specifications the net a height of forty-two (42) inches above the court surface at the posts. Post sleeves shall be Schedule 40 PVC to be set in concrete per net post manufactures recommendation. 43.2.10.3 CENTER STRAP ANCHOR A center strap anchor shall be firmly set in accordance with the rules of the USIA. 43.2.10.4 NET A tennis net conforming to the USTA regulations shall be installed on each court. The net shall have black synthetic netting, a headband of white synthetic material in double thickness with the exterior treated for resistance to mildew and sunlight, and bottom and end tapes of back synthetic material treated to prevent deterioration from the sunlight. A vinyl coated, impregnated steel cable, having a diameter of one quarter (1/4) inch and a length five (5) feet greater than length between the net post shall hold the net in suspension. The net shall have tie strings of a synthetic material at each corner. Basis of Design - Duranet DTS by Ball Products, Inc. 43.2.10.5 CENTER STRAP Provide a center strap of white heavy duty polyester webbing with black oxide coated brass slide buckles and nickel plated double end snap. Center strap shall be placed on the net and attached to the center strap anchor. 43.2.10.6 LINE TAPES Line tapes shall be 100% nylon and shall be two (2) inches in width. The tapes shall be firmly secured by aluminum nails with aluminum length of two and one-half (2 - 1/2) inches. Positioning shall be in accordance with regulations of the USIA. 43.2.10.7 MISCELLANEOUS EQUIPMENT Deliver the following equipment to the owner: 1. Ride-on Tandem Roller - Brutus AR-I Roller, automatic forward-neutral-reverse transmission; 24 inch wide drum; 3-horse power Briggs and Stratton engine. 2. Hand drag brooms (4 each) - 7' wide aluminum frame with 4-1/2" synthetic bristles; Proline. 3. Tow drag brooms (1 each) - 7' wide aluminum frame 4-1/2" synthetic bristles; Proline. 4. Deluxe Proline Line Sweeper (4 each) - friction-driven rubber sleeves; synthetic bristle brush; with fence hook cast aluminum. 5. Scarifier/Lutes (2 each) - 30" wide all aluminum; Proline. 6. Tennis Shoe Cleaners (2 each) - steel frame construction "Scrusher" exact installation location by Owner. 7. Tennis Two Step (2 each) - polyethylene construction with two rubber panels. 8. Court Rake (1 each) - six-foot length aluminum. SectionlV.doc Page 83 of 127 JP61r?2Wf14 Attachment number 3 Page 109 of 153 Section IV - Technical Specifications 43.2.11 SHADE STRUCTURE Provide shade structures as indicted on drawings. Basis of design: Suntrends, Inc. "Cabana Bench 8" - 8'long x 6' wide gable design with standard canvas canopy, direct burial installation. Provide concrete footing, size and reinforcement as required by shade structure manufacture. 43.2.12 WATER SOURCE (Potable) The owner shall supply water line to within fifty (50) feet of the courts with 50 pounds per square inch running pressure at its terminus. This line shall have the capacity to supply 30 gallons of water per minute for each court. 43.2.13 CONCRETE Provide concrete consisting of portland cement per ASTM C 150, aggregates per ASTM C 33, and potable water. Mix materials to obtain concrete with a minimum 28-day compressive strength of 3,500 psi. Use at least four sacks of cement per cu. yd., I-inch maximum size aggregate, 3-inch maximum slump. 43.2.14 EXISTING SPORT TENNIS COURT LIGHTING 43.2.14.1 SHOP DRAWINGS The Contractor shall provide signed and sealed electrical shop drawings by a professional electrical engineer for approval of the relocation and re-aiming of the existing tennis court sport lighting fixtures and electrical service to water coolers. The shop drawings shall include all necessary information according to local electrical codes in providing a complete operating system from the existing electrical panel. The shop drawings shall provide data showing the maximum foot candles the existing fixtures will provide at its new locations for tournament play. Shop drawings shall be submitted to the Parks and Recreation Department for approval. 43.2.14.2 RE-LAMP The Contractor shall re-lamp and clean lens of all existing lighting fixtures after relocating the light pole and fixtures to its new location. The City will provide the new lamps. 43.2.14.3 ELECTRICAL PERMIT The Contractor shall submit electrical drawings to City of Clearwater Planning and Development Services to obtain permits for installation of the electrical works. 43.2.14.4 POLES & FIXTURES The Contractor shall install three (3) new sixty foot (60') poles and fourteen (14) new fixtures. The City will purchase and provide the new poles and fixtures for the Contractor to install, any other miscellaneous items required to provide a complete operable system shall be provided by the Contractor. Attached with this specification are the photometric lumination charts for the eight-(8) tennis courts. This information is provided by Musco Sport Lighting, 1838 East Chester Drive, Suite #104, High Point, NC 27265, phone (336) 887-0770 fax (336) 887-0771. Contact Douglas A. Stewart. Contractor shall install the poles and fixtures based on the following information: SectionlV.doc Page 84 of 127 JP61r?2Wfl4 Attachment number 3 Page 110 of 153 Section IV - Technical Specifications Pole TI existing 5 fixture pole, remove one fixture and place on pole T5 Pole T2 existing 12 fixture pole, remove six fixtures and place on pole T5 Pole T3 existing 5 fixture pole, remove one fixture and place on pole T5 Pole T4 new pole with new seven fixtures and two circuits Pole T5 new pole w/existing sixteen fixtures (8 on one side and 8 on the other) and 2 circuits Pole T6 new pole with new seven fixtures and two circuits Pole T7 existing 5 fixture pole, remove two fixtures and place on pole T5 Pole T8 existing 12 fixture pole, remove four fixtures and place on pole T5 Pole T9 existing 5 fixture pole, remove two fixtures and place on pole T5 Light levels ended up at 58+ footcandles. Existing poles have concrete footing approximately one foot wide on all sides Contractor shall plan relocation light poles accordingly. 43.2.14.5 ELECTRICAL CONDUITS Existing electrical conduits are installed individually to the existing light pole, it is suggested the Contractor place electrical junction boxes at existing pole locations and utilize existing conduits. New conduits will be required for the three (3) new light poles and the Contractor shall include the cost for these electrical conduits in the relocating of the new light poles. 43.2.15 WATER COOLER 43.2.15.1 SHOP DRAWINGS The Contractor shall provide shop drawings for the installation of water cooler in the cabana area of the tennis courts, electrical, water and drainage submitted to the Parks and Recreation Department for approval. 43.2.15.2 WATER FOUNTAIN Basis for design: Halsey Taylor HOF Series - water cooler with sealed back panels, or equal. 43.2.16 DEMONSTRATION Instruct the Owner's personnel on proper operation and maintenance of court and equipment. 43.2.17 WARRANTY 43.2.17.1 EQUIPMENT The Contractor shall supply warranty cards and operation and maintenance manuals for all equipment to the Owner upon completion of construction of the project. 43.2.17.2 WARRANTY The Contractor shall warranty the courts, fencing, sidewalks and court accessories against defective materials and /or workmanship for a period of one (1) year from the date of completion. SectionlV.doc Page 85 of 127 ??? 2?F fl 4 Attachment number 3 Page 111 of 153 Section IV - Technical Specifications 43.2.17.3 WARRANTY SUB-SURFACE IRRIGATION SYSTEM The Contractor shall warranty the sub-surface irrigation of the clay tennis courts for a period of two years from the day of completion. 44 WORK ZONE TRAFFIC CONTROL 44.1 CONTRACTOR RESPONSIBLE FOR WORK ZONE TRAFFIC CONTROL The Contractor shall be responsible to furnish, operate, maintain and remove all work zone traffic control associated with the Project, including detours, advance warnings, channelization, hazard warnings and any other necessary features, both at the immediate work site and as may be necessary at outlying points. 44.2 WORK ZONE TRAFFIC CONTROL PLAN The Contractor shall prepare a detailed traffic control plan designed to accomplish the level of performance outlined in the Scope of the Work and/or as may be required by construction permits issued by Pinellas County and/or the Florida Department of Transportation for the Project, incorporating the methods and criteria contained in Part VI, Standards and Guides for Traffic Controls for Street and Highway Construction, Maintenance, Utility and Incident Management Operations in the Manual on Uniform Traffic Control Devices published by the U.S. Department of Transportation and adopted as amended by the Florida Department of Transportation, or most recent addition. 44.2.1 WORK ZONE SAFETY The general objectives of a program of work zone safety is to protect workers, pedestrians, bicyclists and motorists during construction and maintenance operations. This general objective may be achieved by meeting the following specific objectives: • Provide adequate advance warning and information regarding upcoming work zones. • Provide the driver clear directions to understanding the situation he will be facing as he proceeds through or around the work zone. • Reduce the consequences of an out of control vehicle. • Provide safe access and storage for equipment and material. • Promote speedy completion of projects (including thorough cleanup of the site). • Promote use of the appropriate traffic control and protection devices. • Provide safe passageways for pedestrians through, in, and/or around construction or maintenance work zones. The 2004 Design Standards (DS), Index 600 "When an existing pedestrian way or bicycle way is located within a traffic control work zone, accommodation must be maintained and provision for the disabled must be provided. Only approved temporary traffic control devices may be used to delineate a temporary traffic control zone pedestrian walkway. Advanced notification of sidewalk closures and detours marked shall be provided by appropriate signs". 2004 Standard Specifications for Road and Bridge Construction SectionlV.doc Page 86 of 127 JP61r?2Wf14 Attachment number 3 Page 112 of 153 Section IV - Technical Specifications 102-5 Traffic Control: 102-5.1 Standards: FDOT Design Standards (DS) are the minimum standards for the use in the development of all traffic control plans 44.3 ROADWAY CLOSURE GUIDELINES Roadway types: Major Arterials, Minor Arterials, Local Collectors, and Local Following are typical requirements to be accomplished prior to closure. The number of requirements increase with traffic volume and the importance of access. Road closures affecting business or sole access routes will increase in process requirements as appropriate. For all but local streets, no road or lane closures are allowed during the Christmas holiday season and the designated "Spring Break" season with prior approval by the City Engineer. 44.3.1 ALL ROADWAYS Obtain permits for Pinellas County and Florida Department of Transportation roadways. Traffic control devises conform to national and state standards. 44.3.1.1 PUBLIC NOTIFICATION Standard property owner notification prior to start of construction for properties directly affected by the construction process. 44.3.2 MAJOR ARTERIALS, MINOR ARTERIALS, LOCAL COLLECTORS Consult with City Traffic staff for preliminary traffic control options. Develop Formal Traffic Control Plan for Permit Submittal to Regulatory Agency as necessary. 44.3.2.1 PUBLIC NOTIFICATION Message Board Display, Minimum of 7-day notice period prior to road closure and maybe longer for larger highway. The message board is to be provided by the Contractor. 44.3.3 MAJOR ARTERIALS, MINOR ARTERIALS 44.3.3.1 PUBLIC NOTIFICATION C-View Release 44.3.4 MAJOR ARTERIALS 44.3.4.1 PUBLIC NOTIFICATION News Release The Message Board may need to be displayed for a period longer than 7 days. 44.4 APPROVAL OF WORK ZONE TRAFFIC CONTROL PLAN The Contractor is invited and encouraged to confer in advance of bidding, and is required, as a specification of the work, to confer in advance of beginning any work on the Project, with the Traffic Operations Division, Municipal Services Building, 100 South Myrtle Avenue, telephone 562-4750, for the purpose of approval of the Contractor's proposed detailed traffic control plan. SectionlV.doc Page 87 of 127 JP61r?2Wfl4 Attachment number 3 Page 113 of 153 Section IV - Technical Specifications All maintenance of traffic (MOT) plans shall be signed and sealed by a Professional Engineer or an individual who is certified in the preparation of MOT plans in the State of Florida. 44.5 INSPECTION OF WORK ZONE TRAFFIC CONTROL OPERATION The Traffic Operations Division may inspect and monitor the traffic control plan and traffic control devices of the Contractor. The City's Construction Inspector assigned to the project, may make known requirements for any alterations or adjustments to the traffic control devices. The Contractor shall take direction from the Project Engineer or Project Inspector. 44.6 PAYMENT FOR WORK ZONE TRAFFIC CONTROL Payment for work zone traffic control is a non-specific pay item to be included in the construction costs associated with other specific pay items unless specifically stated otherwise in the Scope of Work in these Technical Specifications and a bid item(s) is included for Work Zone Traffic Control in the proposal form. 44.7 CERTIFICATION OF WORK ZONE TRAFFIC CONTROL SUPERVISOR The City may require that the Supervisor or Foreman controlling the work for the Contractor on the Project have a current International Municipal Signal Association, Work Zone Traffic Control Safety Certification or Worksite Traffic Supervisor Certification from the American Traffic Safety Association with additional current Certification from the Florida Department of Transportation. This requirement for Certification will be noted in the Scope of Work and/or sections of these Technical Specifications. When the certified supervisor is required for the Project, the supervisor will be on the Project site at all times while work is being conducted. The Worksite Traffic Supervisor shall be available on a 24-hour per day basis and shall review the project on a day-to-day basis as well as being involved in all changes to traffic control. The Worksite Traffic Supervisor shall have access to all equipment and materials needed to maintain traffic control and handle traffic related situations. The Worksite Traffic Supervisor shall ensure that routine deficiencies are corrected within a 24-hour period. The Worksite Traffic Supervisor shall be available on the site within 45 minutes after notification of an emergency situation, prepared to positively respond to repair the work zone traffic control or to provide alternate traffic arrangements. Failure of the Worksite Traffic Supervisor to comply with the provisions of this Subarticle may be grounds for decertification or removal from the project or both. Failure to maintain a designated Worksite Traffic Supervisor or failure to comply with these provisions will result in temporary suspension of all activities except traffic and erosion control and such other activities deemed to be necessary for project maintenance and safety. 45 CURED-IN-PLACE PIPE LINING 45.1 INTENT It is the intention of this specification to provide for the trenchless restoration of sanitary sewer and storm pipes by the installation if a cured in place jointless, continuous, thermosetting resin impregnated polyester flexible felt liner which is watertight and chemically resistant to withstand SectionlV.doc Page 88 of 127 JP61r?2Wfl4 Attachment number 3 Page 114 of 153 Section IV - Technical Specifications exposure to domestic sewage including all labor, materials and equipment to provide for a complete, fully restored and functioning installation. 45.2 PRODUCT AND CONTRACTOR/INSTALLER ACCEPTABILITY The City requires that all contractors be prequalified. See General Conditions regarding contractor prequalification. In addition, the City requires a proven extensive tract record for the liner system to be used in this project. All contractors submitting for prequalification approval for this project must exhibit extensive satisfactory experience in the installation of the proposed liner system(s) and satisfactory evidence that the proposed liner system has been extensively and successfully installed in the Unites States and the State of Florida. The installer must be certified by the liner system manufacturer for installation of the liner system. The City reserves full and complete authority to approve the satisfactory nature of the both the liner system and the installer. 45.3 MATERIALS The liner shall be polyester fiber felt tubing saturated with a resin prior to insertion. Resin type and qualities shall be as specified by the manufacturer to obtain a cured liner with the following properties: Tensile Strength ASTM D638 3,000 psi Flexural Strength ASTM D790 4,500 psi Flexural Modulus of Elasticity ASTM D790 300,000 psi Long Term Modulus of Elasticity (50 Years) ASTM D2290 150,000 psi Liner shall meet strengths as shown in ASTM F1216 unless otherwise submitted and approved by the Engineer. Lining manufacturer shall submit to the Engineer for approval as requested, complete design calculations for the liner thickness. The criteria for liner design shall be HS-20 traffic loading, water table to the ground surface, minimum expected lifetime of 50 years, and no structural strength retained from the existing pipe. Liner materials shall meet manufactures specifications of Insituform of North America, Inc., 3315 Democrat Road, Post Office Box 181071, Memphis, Tennessee 38118; or InLiner USA 1900 N.W. 44th St., Pompano Beach Florida 33064, 305-979-0802, or an approved equal. Any approved equal liner system must be approved by the Engineer as an equal system prior to receiving bids. Request for contractor prequalification and/or equal liner system approval must be received by the Engineer no later than 14 days prior to the date for receiving bids. 45.4 CLEANING/SURFACE PREPARATION It shall be the responsibility of the Contractor to clean and prepare the existing pipes for rehabilitation. The Contractor will thoroughly clean the interior of the sewers to produce a clean interior surface free of all coatings, sand, rock, roots, sludge, or other deleterious materials prior to liner insertion. Bypass pumping will be provided by the Contractor as part of the unit cost of restoration. Bypass operations are to be so arranged as to cause minimum disruptions to local traffic, residents and particularly to commercial facilities. During the cleaning and preparation operations all necessary precautions shall be taken to protect the public, all property and the sewer from damage. All material removed from the sewers shall be the Contractor's responsibility for prompt disposal in accordance with all regulatory agency requirements. The Contractor may be required to control the rate of sewer cleaning in the sanitary system to avoid heavy pollution loads at the City's treatment plants. SectionlV.doc Page 89 of 127 JP61r?2Wf14 Attachment number 3 Page 115 of 153 Section IV - Technical Specifications 45.5 TELEVISION INSPECTION After cleaning, and again after the rehabilitation work on each section of the project is completed, all pipe sections shall be visually inspected by means of closed-circuit color television, and recorded on DVD, CD VHS format tapes provided to the project engineer. The television system used shall be designed for the purpose and suitably lighted to provide a clear picture of the entire periphery of the pipe. 45.6 LINER INSTALLATION Liner shall be sized to field measurements obtained by the Contractor to provide for a tight fit on the interior of the existing pipe to be lined. Contractor shall use installation methods approved by the liner manufacturer including operations for inversion, heat curing and reconnection of laterals. The Contractor shall immediately notify the Engineer of any construction delays taking place during the insertion operation. Contractor shall maintain a reasonable backup system for bypass pumping should delays or problems with pumping systems develop. Liner entries at manholes shall be smooth, free of irregularities, and watertight. No pinholes, tears, cracks, thin spots, excessive wrinkling or other defects in the liner shall be permitted. Such defects shall be removed and replaced by the Contractor at his expense. 45.7 LATERAL RECONNECTION Sanitary laterals shall be reconnected as soon as possible to renew service. Laterals are to be reconnected by means of robotics, by internally cutting out the liner to 95% of the area of the original opening. All lateral reconnections are to be grouted to prevent leakage. Grouting method and material is to be approved by the Engineer. Any reconnections to laterals and connections to manholes which are observed to leak shall be resealed by the Contractor. All laterals discovered during the lining process are to be reconnected unless specifically directed otherwise by the City. The Contractor will be requested to reconnect any laterals discovered to not be reconnected at a later date. Contractor shall notify all local system users when the sanitary system will not be available for normal usage by the delivery of door hangers with appropriate information regarding the construction project. 45.8 TIME OF CONSTRUCTION Construction schedules will be submitted by the Contractor and approved by the Engineer. At no time will any sanitary sewer service connection remain inoperative for more than an eight-hour period without a service bypass being operated by the Contractor. In the event that sewage backup occurs and enters buildings, the Contractor shall be responsible for cleanup, repair and property damage costs and claims. 45.9 PAYMENT Payment for sanitary sewer restoration shall be made per lineal foot including all preparation, bypass pumping, equipment, labor, materials, operations, restoration, lateral reconnection, etc, to provide a fully completed and operational sewer. Payment shall be measured from center of manhole to center of manhole for the sanitary systems and from end of pipe to end of pipe for storm systems. SectionlV.doc Page 90 of 127 JP61r?2Wfl 4 Attachment number 3 Page 116 of 153 Section IV - Technical Specifications 46 SPECIFICATIONS FOR POLYETHYLENE SLIPLINING 46.1 MATERIALS 46.1.1 PIPE AND FITTINGS The pipe supplied under this specification shall be high performance, high molecular weight, high density polyethylene pipe (Driscopipe 1000) as manufactured by Phillips Driscopipe, Inc., Dallas, Texas and shall conform to ASTM D 1248 (Type III, Class C, Category 5, Grade P34) or approved equal. Minimum cell classification values shall be 345434C as referenced in ASTM D 3350 latest edition. If fittings are required, they will be supplied under this specification and shall be molded or manufactured from a polyethylene compound having a cell classification equal to or exceeding the compound used in the pipe. To insure compatibility of polyethylene resins, all fittings supplied under this specification shall be of the same manufacture as the pipe being supplied. 46.1.2 QUALITY CONTROL The resin used for manufacturer of the pipe shall be manufactured by the pipe manufacturer, thus maintaining complete control of the pipe quality. The pipe shall contain no recycled compound except that generated in the manufacturer's own plant from resin of the same specification from the same raw material. The pipe shall be homogeneous throughout and free of visible cracks, holes, foreign inclusions, or other deleterious defects, and shall be identical in color, density, melt index, and other physical properties. The polyethylene resin used shall have all ingredients pre compound prior to extrusion of pipe, in plant blending is not acceptable. The Engineer may request, as part of the quality control records submittal, certification that the pipe produced is represented by the quality assurance testing. Additionally, test results from manufacturer's testing or random sampling by the Engineer that do not meet appropriate ASTM standards or manufacturer's representation, may be cause for rejection of pipe represented by the testing. These tests may include density and flow rate measurements from samples taken at selected locations within the pipe wall and thermal stability determinations according to ASTM D 3350, 10.1.9. 46.1.3 SAMPLES The owner or the specifying engineer may request certified lab data to verify the physical properties of the materials supplied under this specification or may take random samples and have them tested by an independent laboratory. 46.1.4 REJECTION Polyethylene pipe and fittings may be rejected for failure to meet any of the requirements of this specification. 46.2 PIPE DIMENSIONS Pipe supplied under this specification shall have a nominal IPS (Iron Pipe Size) O.D. unless otherwise specified. The SDR (Standard Dimension Ratio) of the pipe supplied shall be as specified by the Engineer, on the construction plans and/or the scope of work. SectionlV.doc Page 91 of 127 ??? 2?F fl 4 Attachment number 3 Page 117 of 153 Section IV - Technical Specifications 46.3 CONSTRUCTION PRACTICES 46.3.1 HANDLING OF PIPE Pipe shall be stored on clean, level ground to prevent undue scratching or gouging of the pipe. If the pipe must be stacked for storage, such stacking should be done in accordance with the pipe manufacturer's recommendations. The handling of the pipe should be done in such a manner that it is not damaged by dragging over sharp objects or cut by chokers or lifting equipment. 46.3.2 REPAIR OF DAMAGED SECTIONS Segments of pipe having cuts or gouges in excess of 10% of the wall thickness of the pipe should be cut out and removed. The undamaged portions of the pipe shall be rejoined using the butt fusion joining method. 46.3.3 PIPE JOINING Sections of polyethylene pipe should be joined into continuous lengths on the job site above ground. The joining method shall be the butt fusion method and shall be performed by the manufacturer's representative and in strict accordance with the pipe manufacturer's recommendations. The butt fusion equipment used in the joining procedures should be capable of meeting all conditions recommended by the pipe manufacturer, including, but not limited to, temperature requirements, alignment, and fusion pressures. 46.3.4 HANDLING OF FUSED PIPE Fused segments of pipe shall be handled so to avoid damage to the pipe. When lifting fused sections of pipe, chains or cable type chokers should be avoided. Nylon slings are preferred. Spreader bars should be used when lifting long fused sections. Care should be exercised to avoid cutting or gouging the pipe. 46.4 SLIPLINING PROCEDURE 46.4.1 PIPE REQUIREMENTS AND DIMENSIONS The liner(s) to be slip lined into the existing storm sewer shall have the following sizes: 12-inch diameter liner (SDR 26) into 15-inch existing sewer. 16-inch diameter liner (SDR 26) into 18-inch existing sewer. 18-inch diameter liner (SDR 26) into 21-inch existing sewer. 211/2-inch diameter liner (SDR 32.5) into 24-inch existing sewer. 28-inch diameter liner (SDR 32.5) into 30-inch existing sewer. 34-inch diameter liner (SDR 32.5) into 36-inch existing sewer. 42-inch diameter liner (SDR 32.5) into 48-inch existing sewer. 46.4.2 CLEANING AND INSPECTION The existing line shall be cleaned of debris and other obstructions prior to TV inspections or insertion of the polyethylene liner. Cleaning can be accomplished with a high velocity cleaner, a bucket and scrapper, root saws, corkscrews, and rodding or balling units. The method used will be determined by the condition of the existing line. Final cleaning may be required prior to inserting the liner. SectionlV.doc Page 92 of 127 JP61r?2Wf14 Attachment number 3 Page 118 of 153 Section IV - Technical Specifications 46.4.3 INSERTION SHAFT AND EXCAVATIONS All excavations shall conform to OSHA requirements and any additional requirements as set by the specifying engineer or his representative. Insertion shaft excavations shall coincide with points requiring removal of obstructions or shall be determined by the engineer. An entry slope grade of 2 1/2:1 maximum shall be used to provide a safe bending radius for the polyethylene. The bottom of the entry pit should provide a straight section for ease of entry of the liner into the existing pipe. The length of the level excavation should be at least twelve times the diameter of the liner being inserted. The width of the shaft should be as narrow as possible. The required width will depend on the location, type of soil, depth of the existing sewer line and the water table. 46.4.4 INSERTION OF THE LINER After completion of the access shaft, the top half of the existing sewer shall be broken or cut and removed for the full length of the access shaft. A fabricated pulling head shall be connected to the leading end of the liner pipe. A cable shall be connected to the pulling head so that the liner pipe can be pulled into the existing sewer. Power winches used for pulling in long lengths of polyethylene liner pipe shall be rated equal to the project requirements. Once started, the pulling operation should continue to completion. Insertion is normally done at about a slow walking speed. After insertion, a minimum of 12 hours shall be allowed for the liner pipe to reach equilibrium with the sewer temperature and to allow the liner pipe to stress relieve itself. The polyethylene liner pipe should protrude at least 6 inches into the manhole where it terminates. After the 12-hour equilibrium period, the annular space between the original pipe and the liner shall be pressure grouted. Said grouting must be from the bottom up to prevent air pockets from forming. Also the grout must be recommended for underwater application and have elastomeric properties. Products used shall be approved by the engineer. The liner shall not be displaced when the annular space is being filled. Spacers, inflatable plugs or other methods approved by the Engineer must be used to prevent displacement. The length of fused pipe that can be pulled will vary depending on field conditions, the ease of access to the area, and the working space available. 46.4.5 CONFIRMATION OF PIPE SIZES The Contractor shall be solely responsible to confirm all pipe sizes prior to ordering, fusing and installation of the liner. 46.4.6 UNDERDRAIN CONNECTIONS IF REQUIRED After the liner has been pulled into place, allowed to recover and sealed at the manholes, pipe connections okayed by the engineer shall be reconnected to the liner pipe. SectionlV.doc Page 93 of 127 JP61r?2Wf14 Attachment number 3 Page 119 of 153 Section IV - Technical Specifications Pipe connections shall be connected by the use of a pre-fabricated polyethylene saddle. A neoprene gasket shall be installed between the saddle and the liner pipe so that a complete water seal is accomplished when the saddle is placed on the liner pipe and secured with stainless steel bands. 46.4.7 BACKFILLING All excavations shall be backfilied using on site materials or as specified by the engineer. Cost for backfilling of access shafts and underdrain connections shall be including in the unit price bid for sliplining and reconnection of service laterals. Before any excavation is done for any purpose, it will be the responsibility of the contractor to contact the various utility companies and to determine the locations of their facilities. It will be the responsibility of the contractor to provide adequate protection for utility facilities. Any temporary construction right of way and/or storage areas will be arranged for by the contractor. 46.4.8 POINT REPAIR The engineer or his representative will determine if a point repair is necessary only after it has been demonstrated that a liner pipe cannot be pulled through the existing pipe. Payment will be made for each repair. The contractor will be expected to remove the obstruction and clear the pipe. If removing the top of the existing pipe will accomplish the removal of the obstruction, the bottom of the existing pipe should remain in place to form a cradle for the liner. 46.4.9 CLEAN UP OPERATIONS All materials not used in the backfilling operation shall be disposed of off site by the contractor. Finish grading shall be required. In locations other than street right-of-ways, the surface shall be graded smooth and sodded with the same kind of grass as the existing lawn. Excavation points in street right-of-ways shall be repaired as specified by the engineer. 47 SPECIFICATIONS FOR POLYVINYL CHLORIDE RIBBED PIPE 47.1 SCOPE This specification designates general requirements for unplasticized polyvinyl chloride (PVC) plastic (spiral wound) pipe with integral wall bell and spigot joints for the conveyance of storm water. 47.2 MATERIALS All pipe and fittings shall be manufactured and tested in accordance with specification for "Poly (Vinyl Chloride) (PVC) Large Diameter Ribbed Gravity Storm Sewer Pipe and Fittings Based on Controlled Inside Diameter". The pipe and fittings shall be made of PVC plastic. 47.3 PIPE The bell shall consist of an integral wall section. The solid cross section fiber ring shall be factory assembled on the spigot. Sizes and dimensions shall be as shown in this specification. SectionlV.doc Page 94 of 127 JP61r?2Wfl 4 Attachment number 3 Page 120 of 153 Section IV - Technical Specifications Standard laying lengths shall be 13 ft. + I inch. At manufacturer's option, random lengths of not more than 15% of total footage may be shipped in lieu of standard lengths. 47.4 JOINING SYSTEM Joints shall be either an integral bell gasketed joint. When the joint is assembled according to manufactures recommendation it will prevent misalignment of adjacent pipes and form a silt tight joint. 47.5 FITTINGS All fittings and accessories shall be as manufactured and furnished by the pipe supplier or approved equal and have bell and/or spigot configurations compatible with that of the pipe. 48 GUNITE SPECIFICATIONS 48.1 PRESSURE INJECTED GROUT Pressure injected grout shall be of cement and water and shall be proportioned generally in the ratio of 1.5 (one and one half) cubic foot (one and one half bags) of cement to I (one) cubic foot (7.50 gal.) of water. This mix shall be varied as the grouting proceeds as is necessary to provide penetration in the operator's judgment. Cement shall be Portland Cement conforming to all of the requirements of the American Society for Testing Materials Standard Specifications, latest edition serial designation C150 for Portland Cement, Type I. Portland Cement shall weigh not less than 94 pounds per cubic foot. Water used in the grout shall be fresh, clean and free from injurious amounts of oil, alkali, vegetable, sewage and/or organic matter. Water shall be considered as weighing 8.33 pounds per gallon. Grout pump shall be of the positive displacement type and shall be capable of producing adequate pressure to penetrate the area. All pressure grouting will be at the direction of the Engineer. 48.2 REHABILITATION OF CORRUGATED METAL PIPE WITH GUNITE Guniting shall conform to all requirements of "Specifications for Materials, Proportioning, and Application of Shotcrete (ACI 506.2 77)" published by the American Concrete Institute, Detroit, Michigan, except as modified by those specifications. Steel reinforcement shall be incorporated in the Gunite as required and shall be furnished, bent, set and placed in accordance with the provisions of these specifications. The purpose of this specification is to obtain a dense and durable concrete having the specified strength. 48.3 COMPOSITION Gunite shall be composed of Portland Cement, aggregate and water so proportioned as to produce a concrete suitable for pneumatic application. SectionlV.doc Page 95 of 127 JP61r?2Wf14 Attachment number 3 Page 121 of 153 Section IV - Technical Specifications 48.4 STRENGTH REQUIREMENTS Concrete ingredients shall be selected, proportioned in such a manner as will produce concrete which will be extremely strong, dense and resistant to weathering, and abrasion. Concrete shall have a minimum 28-day strength of 4,000 psi. 48.5 MATERIALS Portland Cement: Cement shall be Portland cement conforming to all of the requirements of the American Society for Testing Materials Standard Specifications, Latest Serial Designation C150 for Portland Cement, Type I. A bag of cement shall be deemed to weigh not less than 94 pounds per cubic foot. Fine Aggregate: Fine aggregate shall be natural siliceous sand consisting of hard, clean, strong, durable and uncoated particles, conforming to the requirements of American Society for Testing Materials Standard Specifications, Latest Serial Designation C33 for Concrete Aggregates. Fine aggregate shall not contain less than 3% nor more than 6% of moisture. Fine aggregate shall be evenly graded from fine to coarse and shall be within the following limits: Passing No. 3/8 Sieve 100% Passing No. 4 Sieve 95% to 100% Passing No. 8 Sieve 80% to 100% Passing No. 16 Sieve 50% to 85% Passing No. 30 Sieve 25% to 60% Passing No. 50 Sieve 10% to 30% Passing No. 100 Sieve 2% to 10% 48.6 WATER Water used in mixing, at the nozzle shall be fresh, clean, and free from injurious amounts of oil, acid, alkali, vegetable, sewage, and/or organic matter. Water shall be considered as weighing 8.33 pounds per gallon. 48.7 REINFORCEMENT Steel mesh reinforcement shall be electrically welded, cold drawn, mild steel fabric conforming to the latest requirements of ASTM Standard Specifications, Serial Designation A 185 for Welded Steel Wire Fabric for Concrete Reinforcement. Mesh can be fabricated from cold drawn steel wire conforming to the requirements of the latest ASTM Standard Specifications, Serial Designation A 82 and sized as shown on Plans Page 7 of 7. 48.8 STORAGE OF MATERIALS Cement shall be stored with adequate provisions for the prevention of absorption of moisture. It shall be stored in a manner that will permit easy access for inspection and identification of each shipment. Aggregate shall be stockpiled at points selected to provide maximum drainage and to prevent the inclusion of any foreign material during rehandling. SectionlV.doc Page 96 of 127 JP61r?2Wf14 Attachment number 3 Page 122 of 153 Section IV - Technical Specifications 48.9 SURFACE PREPARATION Unsound materials of construction and all coated, scaly, or unsound concrete in manholes and inlets shall be removed by chipping with pneumatic hammers and chisels to sound surface, all cracks and cavities shall be chipped to such formation that their sides form approximately a 45 degree angle to the exposed surface for at least one (1) inch in depth. All areas to receive pneumatic concrete shall be cleaned by flushing or scouring with water and compressed air jets to assure removal of all loose particles. All areas of existing surfaces that do not require chipping shall be given a wet sandblasting with the gunite equipment and the air pressure at the cement gun shall not be less than 50 psi. Surface preparation of existing metal surface of a corrugated pipe shall be lightly sandblasted to remove loose material. All sandblasted areas shall then be cleaned by a air/water blast to remove all particles from the cleaning operation. To insure perfect bond, the newly sandblasted surface shall be thoroughly moistened with water prior to application of gunite. In no instance shall gunite be applied in an area where free running water exists. 48.10 PROPORTIONING Prior to start of guniting the Contractor shall submit to the Owner the recommended mix as a ratio of cement to aggregate. Recommended mix shall be on the basis of test data from prior experience. Provided data submitted is adequate no further testing of recommended mix will be required. If required, the Contractor shall provide all equipment necessary to control the actual amounts of all materials entering into the concrete. The types of equipment and methods used for measuring materials shall be subject to approval. 48.11 MIXING Gunite shall be thoroughly mixed by machine and then passed through a sieve to remove all large particles before placing in hopper of the cement gun. The mixture shall not be permitted to become damp. Each batch should be entirely discharged before recharging is begun. The mixer should be cleaned thoroughly enough to remove all adherent materials from the mixing vanes and from the drum at regular intervals. Water in any amount shall not be added to the mix before it enters the cement gun. Quantities of water shall be controlled by a valve at the nozzle of the gun. Water content shall be adjusted as required for proper placement, but shall in no case exceed four gallons of water per sack of cement, including the water contained in the aggregate. Remixing or tempering shall not be permitted. Mixed material that has stood 45 minutes without being used shall be discarded. Rebound materials shall not be reused. 48.12 APPLICATION Gunite shall not be placed on a frozen surface nor during freezing weather. Gunite shall not be placed when it is anticipated that the temperature during the following 24 hours will drop below 32 degrees, Fahrenheit. Sequence of application may be from bottom to top or vice versa if rebound is properly removed. Corners shall be filled first. "Shooting" shall be from an angle as near perpendicular to the SectionlV.doc Page 97 of 127 JP61r?2Wf14 Attachment number 3 Page 123 of 153 Section IV - Technical Specifications surface as practicable, with the nozzle held approximately 3 feet from the work (except in confined control). If the flow of material at the nozzle is not uniform and slugs, sand spots, or wet sloughs result, the nozzleman shall direct the nozzle away from the work until the faulty conditions are corrected. Such defects shall be replaced as the work progresses. Guniting shall be suspended if: 1. Air velocity separates the cement from the sand at the nozzle. 2. Temperature approaches freezing and the newly placed gunite cannot be protected. Gunite shall be applied in one or more layers to such total thickness as required to restore the area as detailed over the original lines of the adjoining surface, unless other wise specified. All cavities, depressions, washouts and similar failures shall be rebuilt to original lines by use of gunite reinforced with wire mesh. Where the cavity exceeds 4 inches in depth a layer of mesh shall be used for each 3 inches of depth of gunite. In no case shall wire mesh be placed behind existing reinforcement. The time interval between successive layers in sloping vertical or overhanging work must be sufficient to allow initial but not final set to develop. At the time the initial set is developing, the surface shall be cleaned to remove the thin film of laitance in order to provide a perfect bond with succeeding applications. 48.13 CONSTRUCTION JOINTS Construction joints or day's work joints shall be sloped off to a thin, clean, regular edge, preferably at a 45-degree slope. Before placing the adjoining work, the slope portion and adjacent gunite shall be thoroughly cleaned as necessary, then moistened and scoured with an air j et. 48.14 SURFACE FINISH Nozzleman shall bring the gunite to an even plane and to well formed corners by working up to ground wires or other guides, using lower placing velocity than normal. After the body coat has been placed, the surface shall be trued with a thin edge screed to remove high areas and expose low areas. Low areas shall be properly filled with concrete to insure a true, flat surface. After the concrete surface has been trued, the entire surface shall be given a flashcoat finish except where a special type finish is specified on the drawings. 48.15 CURING Curing shall be in accordance with either paragraph 3.7.1(d) or paragraph 3.7.5. ofACI 506.2 77 depending upon atmospheric condition. 48.16 ADJACENT SURFACE PROTECTION During progress of the work, where appearance is important, adjacent areas or grounds which may be permanently discolored, stained, or otherwise damaged by dust and rebound, shall be adequately protected sensitive areas, when contacted, shall be cleaned by early scraping, brushing or washing, as the surroundings permit. SectionlV.doc Page 98 of 127 JP61r?2Wfl 4 Attachment number 3 Page 124 of 153 Section IV - Technical Specifications 48.17 INSPECTION Because of the importance of workmanship affecting the quality of the gunite, continual inspection during placing shall be maintained. Any imperfections discovered shall be cut out and replaced with sound material. 48.18 EQUIPMENT Cement Gun: The mixing and delivering equipment shall be either the vertical double chamber type or rotary type. The upper chamber of the double chamber type shall receive and pressurize the dry mix and deliver it to the lower chamber. The lower chamber shall force the pressurized mix into the delivery hose by means of a feed wheel. The type of feeder utilized should be of sufficient capacity that the lower chamber may continuously furnish all required material to the delivery hose while the upper chamber receives the recharge. The rotary type cement gun shall have an enlarged hopper to feed material into a rotating multiported cylinder. Material shall fall by gravity into a port which shall then be rotated to a position in which the material is expelled by air into a moving stream of air. All equipment must be kept in good repair. The interior of drums, feed gearing and valves shall be cleaned as often as necessary (at least once every 8 hour shift) to prevent material from caking on critical parts. Nozzle: Nozzle shall be the premixing type with perforated water feed ring inside the nozzle. The maximum length of material hose for the application of gunite shall be approximately 150 feet although it shall be permissible to use as much as 800 feet of material hose if the supply air pressure measured at the cement gun is increased to maintain proper velocity. The following table gives requirements for compressor size, hose size and air pressure using 150 feet of material hose: Comp. Cap (cfm) Max. Hose Dia. (In.) Max. Size Nozzle (In.) Min. Air Press. (psi) 365 15/8 1 5/8 60 600 2 2 80 750 21/2 2 1/2 90 For each 25 feet of material hose used in excess of 150 feet, the required air pressure shall be increased by 5 psi. Air Compressor: Any standard type of compressor shall be satisfactory if it is of sufficient capacity to provide, without interruption, the pressures and volume of air necessary for the longest hose delivery. The air compressor capacity determinations shall include allowances made for the air consumed in blowing rebound, cleaning, reinforcing and for incidental uses. Compressor equipment shall be of such capacity so as to insure air pressures at the special mixer capable of producing the required material velocities. Water Supply: The water pressure at the discharge nozzle should be sufficiently greater than the operating air pressure to assure the water is intimately mixed with the other materials. If the line water pressure is inadequate, a water pump or pressurized tank shall be introduced into the line. The water pressure shall be uniformly steady (nonpulsating). SectionlV.doc Page 99 of 127 JP61r?2Wf14 Attachment number 3 Page 125 of 153 Section IV - Technical Specifications 49 SANITARY AND STORM MANHOLE LINER RESTORATION 49.1 SCOPE AND INTENT It is the intent of this portion of the specification to provide for the structural rehabilitation of manhole walls and bases with solid preformed liners and made-in-place liner systems used in accordance with the manufacturer's recommendations and these specifications. In addition to these specifications, the Contractor shall comply with manufacturer's instructions and recommendations for work. Purpose of work is to eliminate infiltration, provide corrosion protection, repair voids and to restore the structural integrity of the manhole. For any particular system the Contractor will submit manufacturer's technical data and application instructions. All OSHA regulations shall be met. 49.2 PAYMENT Payment for liners shall be per vertical foot of liner installed from the base to the top of the installed liner. Liners will generally be installed to the top of existing or new corbels. No separate payment will be made for the following items and the cost of such work shall be included in the pay item per linear foot of liner: Bypass pumping; Traffic Control; Debris Disposal; Excavation, including necessary pavement removal; Shoring and/or dewatering; Structural fill; Backfill and compaction; Grout and mortar; Brick; Resetting of the manhole ring and cover; Pipe extensions and connectors necessary to the installation; Replacement of unpaved roadway and grass or shrubbery plot; Replacement of roadway base and asphalt surface; and Appurtenant work as required for a complete and operable system. 49.3 FIBERGLASS LINER PRODUCTS 49.3.1 MATERIALS 49.3.1.1 LINERS Liners shall be fiberglass engineered to meet or exceed AASHTO H 20 loading of 16,000 pound vertical wheel load. Manhole liners are to be of the integral corbel design unless otherwise stipulated. Manhole liners are to be as large in diameter as will fit into the existing manhole. The contractor shall measure the existing manhole immediately prior to ordering materials and is solely responsible for the fitting of the liner. Contractor will be required to submit factory certification for fiberglass liners. The manhole liner shall meet all requirements of ASTM D 3753. 49.3.1.2 MORTAR Mortar shall be composed of one part Portland Cement Type I and between two and three parts clean, well graded sand, 100% of which shall pass a No. 8 sieve. 49.3.1.3 GROUTING Grouting shall be a concrete slurry of four bags of Portland Cement Type II per cubic yard of clean, well graded sand. SectionlV.doc Page 100 of 127 ??? 2?F fl 4 Attachment number 3 Page 126 of 153 Section IV - Technical Specifications 49.3.2 INSTALLATION AND EXECUTION Excavate an area around the top of the existing manhole sufficiently wide and deep for the removal of the manhole ring and corbel section. Remove the frame and cover and corbel section without damaging the existing manhole walls. Care is to be taken not to allow brick or soil to fall into the existing manhole. Remove or reinsert loose brick which protrude more than one inch from the interior wall of the manhole and which could interfere with the insertion of the fiberglass liner. If the shelf of the manhole invert is not level around the perimeter, form a flat shelf with mortar. Cut the liner to the proper length. Cutouts in the manhole shall be made to accommodate existing inlet and outlet pipes, drops and cleanouts. Lower the liner into the existing manhole and set the bottom of the liner into quick setting grout. Obtain a good bottom seal to prevent the loss of grout from the annular space between the outside of the liner and the inside wall of the existing manhole. Set the liner as nearly vertically as possible. Pour six inches of quick setting grout above the initial bottom seal in the annular void to insure an adequate bottom seal. Bridge the gap from drops, laterals, force mains, cleanouts and all existing piping between the existing manhole wall and the new manhole liner with P.V.C. pipe. Use quick setting mortar to seal the area around the manhole liner and piping. Fill the annular space between the manhole liner and the existing manhole interior walls with grout. Care must be taken not to deflect the manhole liner due to head pressure. Set the existing manhole ring and cover using brick to make elevation adjustments as needed. Observe watertightness and repair any visible leakage. Backfill around the new liner and compact the backfill. Sod the disturbed area. Match existing sod. Where manholes fall in paved areas, disturbed base shall be replaced twice the original thickness and compacted in 8" layers. Asphalt shall be replaced with 1 1/2" of Pinellas County Type II surface. 49.4 STRONG SEAL MS-2 LINER PRODUCT SYSTEM This specification shall govern all work to spray apply a monolithic fiber reinforced cementitious liner to the wall and bench surfaces of brick, concrete or any other construction material; Strong Seal MS 2 product. Described are procedures for manhole preparation, cleaning, application and testing. The applicator must be approved, trained and certified as having successfully completed factory training. The applicator/contractor shall furnish all labor, equipment and materials for applying the Strong Seal MS 2 product directly to the contour of the manhole to form a structural cementitious liner of a minimum 1/2" thickness using a machine specially designed for the application. All aspects of the installation shall be in accordance with the manufacturer's recommendations and with the following specifications which includes: 1. The elimination of active infiltration prior to making the application. 2. The removal of any loose and unsound material. SectionlV.doc Page 101 of 127 JP61r?2Wf14 Attachment number 3 Page 127 of 153 Section IV - Technical Specifications 3. The spray application of a pre blended cementitious mix to form a monolithic liner in a 2 coat application. 49.4.1 MATERIALS 49.4.1.1 PATCHING MIX Strong Seal shall be used as a patching mix according to the manufacturer's recommendations and shall have the following minimum requirements: 1. Compressive Strength (ASTM C-109) 15 min., 200 psi 6 hrs., 1,400 psi 2. Shrinkage (ASTM C-596) 28 days, 150 psi 3. Bond (ASTM C-952) 28 days, 150 psi 4. Cement Sulfate resistant 5. Density, when applied 105 +/- 5 pcf 49.5 INFILTRATION CONTROL Strong Plug shall be used to stop minor water infiltration according to the manufacture's recommendations and shall have the following minimum requirements: 1. Compressive strength (ASTM C-109) - 600 psi, 1 hr.; 1000 psi 24 hrs. 2. Bond (ASTM C-952) - 30 psi, 1 hr.; 80 psi, 24 hrs. 49.6 GROUTING MIX Strong-Seal Grout shall be used for stopping very active infiltration and filling voids according to the manufacture's recommendations. The grout shall be volume stable, and have a minimum 28 day compressive strength of 250 psi and a 1 day strength of 50 psi. 49.7 LINER MIX Strong Seal MS 2 shall be used to form the monolithic liner covering all interior manhole surfaces and shall have the following minimum requirements at 28 days: 1. Compressive strength (ASTM C 109) 3,000 psi 2. Tensile strength (ASTM C 496) 300 psi 3. Flexural strength (ASTM C 78) 600 psi 4. Shrinkage (ASTM C 596) 0% at 90% R.H. 5. Bond (ASTM C 952) 130 psi 6. Density, when applied 105 + pcf Product must be factory blended requiring only the addition of water at the Job site. Bag weight shall be 50 51 pounds and contents shall have dry bulk density of 54 to 56 pounds per cubic foot. Fiberglass rods which are contained in the product shall be alkaline resistant and shall be 1/2" to 5/8" long with a diameter of 635 to 640 microns. Products shall, in the un mixed state, have a lead content not greater than two percent (2%) by weight. SectionlV.doc Page 102 of 127 JP61r?2Wf14 Attachment number 3 Page 128 of 153 Section IV - Technical Specifications Strong Seal MS 2C shall be made with Calcium Aluminate Cement and shall be used according to the manufacturer's recommendations in applications where there is evidence of severe sulfide conditions. Product must be factory blended requiring only the addition of water at job site. Bag weight shall be 50-51 pounds and contents must have a dry bulk density of 50 56 pounds per cubic foot. Cement content must be 65%-75% of total weight of bag. One bag of product when mixed with correct amount of water must have a wet density of 95 108 pounds per cubic foot and must yield a minimum of .67 cubic foot of volume. Fiberglass rods must be alkaline resistant with rod lengths not less than 1/2" in length nor greater than 5/8" in height. Product shall not include any basic ingredient that exceeds maximum allowable EPA limit for any heavy metal. Manufacturer must provide MSDS sheets for product(s) to be used in reconstruction process. A two coat application of liner material will be required (no exceptions) with the first coat rough troweled to force materials into cracks and crevices to set the bond. The second coat to be spray applied to assure minimum 1/2" thickness after troweling or brush finishing to a relatively smooth finish. 49.8 WATER Shall be clean and potable. 49.9 OTHER MATERIALS No other material shall be used with the mixes previously described without prior approval or recommendation from the manufacturer. 49.10 EQUIPMENT A specially designed machine consisting of an optimized progressive cavity pump capable of producing a minimum of 250 psi pumping pressure, contra blend mixer with twin ribbon paddles with discharge, and an air system for spray application of product. Equipment must be complete with water storage and metering system. Mixer and pump is to be hydraulically powered. Equipment is to be mounted to heavy duty construction tandem axle road worthy trailer complete with electric brakes and running lights. Internal combustion engine must be included to power the hydraulic system and air compressor. 49.11 INSTALLATION AND EXECUTION 49.11.1 PREPARATION 1. Place boards over inverts to prevent extraneous material from entering the sewer lines and to prevent up stream line from flooding the manhole. 2. All foreign material shall be removed from the manhole wall and bench using a high pressure water spray (minimum 1,200 psi). Loose and protruding brick, mortar and SectionlV.doc Page 103 of 127 JP61r?2Wf14 Attachment number 3 Page 129 of 153 Section IV - Technical Specifications concrete shall be removed using a mason's hammer and chisel and/or scraper. Fill any large voids with quick setting patching mix. 3. Active leaks shall be stopped using quick setting specially formulated mixes according to the manufacturer's recommendations. Some leaks may require weep holes to localize the infiltration during the application after which the weep holes shall be plugged with the quick setting mix prior to the final liner application. When severe infiltration is present, drilling may be required in order to pressure grout using a cementitious grout. Manufacturer's recommendations shall be followed when pressure grouting is required. 4. Any bench, invert or service line repairs shall be made at this time using the quick setting mix and following the manufacturer's recommendations. 5. After all preparation has been completed, remove all loose material. 49.11.2 MIXING For each bag of product, use the amount of water specified by the manufacturer and mix using the Spray Mate Model 35C or 35D equipment for 30 seconds to a minute after all materials have been placed in the mixing hopper. Place the mix into the holding hopper and prepare another batch with timing such that the nozzleman can spray in a continuous manner without interruption until each application is complete. 49.11.3 SPRAYING The surface, prior to spraying, shall be damp without noticeable free water droplets or running water. Materials shall be sprayed, applied to a minimum uniform thickness to insure that all cracks, crevices and voids are filled and a somewhat smooth surface remains after light troweling. The light troweling is performed to compact the material into voids and to set the bond. Not before the first application has begun to take an initial set (disappearance of surface sheen which could be 15 minutes to 1 hour depending upon ambient conditions) is the second application made to assure a minimum total finished thickness of 1/2 inch. The surface is then troweled to a smooth finish being careful not to over trowel so as to bring additional water to the surface and weaken it. A brush finish may be applied to the finished coat to remove trowel marks. Manufacturer's recommendation shall be followed whenever more than 24 hours have elapsed between applications. The wooden bench covers shall be removed and the bench is sprayed such that a gradual slope is produces from the walls to the invert with the thickness at the edge of the invert being no less than 1/2 inch. The wall bench intersection shall be rounded to a uniform radius, the full circumference of the intersection. The final application shall have a minimum of four (4) hours cure time before being subjected to active flow. 49.11.4 PRODUCT TESTING At some point during the application, at least four (4) 2 inch cubes may be prepared each day or from every 50 bags of product used, identified and sent, in accordance with the Owner's or Manufacturer's directions, for compression strength testing as described in ASTM C 109. 49.11.5 CURING Ambient manhole conditions are adequate for curing so long as the manhole is covered. It is imperative that the manhole be covered as soon as possible after the application has been completed. SectionlV.doc Page 104 of 127 JP61r?2Wf14 Attachment number 3 Page 130 of 153 Section IV - Technical Specifications 49.11.6 MANHOLE TESTING AND ACCEPTANCE Manhole may be vacuum tested from the top of manhole frame to the manhole base. All pipes entering the manhole shall be plugged, taking care to securely place the plug from being drawn into the manhole. The test head shall be placed and the seal inflated in accordance with the manufacturers' recommendations. A vacuum pump of ten (10) inches of mercury shall be drawn and the vacuum pump shut off. With the valves closed, the time shall be measured for the vacuum to drop to nine (9) inches. The manhole shall pass if the time is greater than sixty (60) seconds for forty eight (48) inch diameter, seventy five (75) seconds for sixty (60) inches, and ninety (90) seconds for seventy two (72) inch diameter manholes. If the manhole fails the initial test, necessary repairs shall be made. Retesting shall proceed until a satisfactory test is obtained. Tests shall be performed by the Contractor under the direction of the Project Engineer. 49.12 INNERLINE ENVIRONMENTAL SERVICES LINER PRODUCT SYSTEM 49.12.1 SCOPE Materials and application procedures for manhole rehabilitation for the purpose of restoring structural integrity, providing corrosion resistance, and stopping infiltration by means of: Hydraulic grouting, where required, as a preliminary measure to stop high volume infiltration 2. Hydrophilic grouting (positive side waterproofing), where required, as follows: a. Hydrophilic foam-injected through wall of manhole to fill voids and/or b. Hydrophilic gel-injected through wall of manhole to stop active leaks 3. Cementitious waterproofing with crystallization (negative side waterproofing) 4. Calcium aluminate cement lining, minimum of 1/2 inch 5. Epoxy coating, minimum of 30 dry mils 49.12.2 MATERIALS 49.12.2.1 REPAIRING CEMENT A quick setting hydraulic cement compound shall be used to plug all visible minor leaks and to instantly stop major leaks, so that further waterproofing processes may proceed unhindered. The repairing cement shall be nonshrinking, nonmetallic, and noncorrosive. The compound shall have the following properties: Set Time Tensile Strength ASTM C 307 Compressive Strength ASTM -C 109 1-3 minutes 1 day 510 psi 3 days 745 psi 28 days 855 psi 1 day 3,125 psi 7 days 7,808 psi 28 days 9,543 psi SectionlV.doc Page 105 of 127 JP61r?2Wf14 Attachment number 3 Page 131 of 153 Section IV - Technical Specifications Flexural Strength ASTM C 78 1 day 410 psi 3 days 855 psi 28 days 1,245 psi 49.12.2.2 HYDROPHILIC GROUTING Based on conditions found in and around the manhole, the applicator shall pressure inject either one or both of the following materials: An expansive foam grout shall be used to stop major intrusion of water and fill cracks in and voids behind the structure's surface. Physical properties are as follows: Tensile Strength 380 psi ASTM D 3574-86 Elongation 400% ASTM D 3574-86 Bonding Strength 250-300 psi 2. A hydrophilic gel grout shall be used for soil stabilization behind the manhole-to prevent seepage, to provide a damming effect, and to place a hydrostatic barrier around exterior of manhole. Physical properties are as follows: Density 8.75-9.17 lbs/gal ASTM D-3574 Tensile Strength 150 psi ASTM D- 412 Elongation 250% ASTM D-3574 Shrinkage Less than 4% ASTM D-1042 Toxicity Non Toxic 49.12.2.3 WATERPROOFING A waterproofing component based on the crystallization process shall be applied. The system combines cementitious and silicate based materials that are applied to negative side surfaces to seal and stop leakage caused by hydrostatic pressure. A combination of five coats (using three components-two powders and a special liquid) react with moisture and the constituents of the substrate to form the crystalline structure. It becomes an integral part of the structure and blocks the passage of water. With moisture present, the crystallization process will continue for approximately six months. Upon completion the color will be light grey. Physical properties are as follows: Slant/Shear bond Strength to Calcium Aluminate Cement ASTM (to be given) Tensile Strength (7 day cure) ASTM C 190 Permeability (3 day cure) CRD 48 55 49.12.2.4 CEMENT LINING 1,200 1,800 psi 380 psi (2.62 MPa) 325 psi (2.24 MPa) at 100% RH at 50% RH 8.1x10 llcm/sec to 7.6x10 cm/sec A self bonding calcium aluminate cement shall be applied to restore structural integrity and provide corrosion resistance qualities. The cement (before adding fibers) shall have the following properties: I Calcium Aluminate Cement 12 Hrs 24 Hrs 7 Days 28 Days SectionlV.doc Page 106 of 127 JP61r?2Wfl4 Attachment number 3 Page 132 of 153 Section IV - Technical Specifications Astm C 495 Compressive Strength, Psi 7000 11000 12000 13000 Astm C 293 Flexural Strength, Psi 1000 1500 1800 2000 Astm C 596 Shrinkage At 90% Humidity <0.04 <0.06 <0.08 Astm C 666 Freeze-Thaw Aft 300 Cycle No Damage Astm C 990 Pull - Out Strength 200 - 230 Psi Tensile Astm C 457 Air Void Content (7 Days) 3% Astm C 497 Porosity/Adsorption Test 4-5% Modules of Elasticity: 7.10 X 10 PSI after 24 Hrs moist curing at 68 F. The calcium aluminate cement shall be reinforced with inert fibers which comply with ASTM C 1116 and ASTM C 1018, added at the rate of one pound per cubic yard of concrete. The mixture shall be applied to a thickness of at least one half inch, but no greater than two inches. It will have a dark grey color. 49.12.2.5 EPOXY COATING A high build, flexible waterproofing epoxy shall be applied to a minimum of 30 dry mils. This epoxy will seal structure from moisture and provide protective qualities to the surface, including excellent resistance to chemical attack and abrasion. The epoxy shall be 100% solids, can be applied to damp surfaces, cures to a the like finish, is easy to clean, and has no toxic fumes. Its uses include sewage treatment plants and other sewer structures. The epoxy shall have the following properties at 75 degrees F: Mixing Ratio (Parts A:B), by volume 1:1 Color (other colors available on request) Light Gray Pot Life, hrs 1 Tensile Strength, psi, min 2,000 Tensile Elongation, % 10 -20 Water Extractable Substances, mg./sq. in., max 5 Bond Strength to Cement (ASTM 882) psi 1,800 49.12.2.6 CHEMICAL RESISTANCE Alcohols, Trichloroethylene, Nitric Acid (3%), Jet Fuels, Water, Sulfuric Acid (3% 10%), MEK, Wine, Butyl Acetate, Beer, Lactic Acid (3%), Gasoline, Corn Oil, Aluminum Sulfate, Paraffin Oil, Vegetable Juice, Sodium Chloride, Motor Oil, Hydrochloric Acid (3%), and many others. 49.12.3 INSTALLATION AND EXECUTION 49.12.3.1 PROCEDURAL OVERVIEW Work shall proceed as follows: 1. Remove rungs (steps), if desired by client. 2. Clean manhole and remove debris. a. Plug lines and/or screen out displaced debris. b. Apply acid wash, if necessary, to clean and degrease. c. Hydroblast and/or sand blast structure. SectionlV.doc Page 107 of 127 JP61r?2Wfl4 Attachment number 3 Page 133 of 153 Section IV - Technical Specifications d. Remove debris from work area. 3. Repair minor defects in walls, benches, and inverts, as required, with repairing cement. (Note: Major structural repairs, such as rebuilding of benches, will also be made as required by client. 4. Inject hydrophilic grout through all surfaces, as needed, to eliminate infiltration. 5. Apply cementitious/crystallization waterproofing agents to all surfaces, repeating steps as needed. 6. Spray and/or hand apply calcium aluminate cement lining to all surfaces. 7. Spray apply epoxy coating to all surfaces. NOTE: Steps 1-5 shall be executed consecutively with minimal delays; calcium aluminate (Step 6) shall require a cure time of at least twenty-four hours for needed adhesion of epoxy (Step 7) to cement lining. 49.12.3.2 PREPARATION An acid wash shall be used (if needed) to clean and degrease. Then, if the client desires, the rungs shall be removed. Next, the entire structure is thoroughly water and/or sand blasted to remove any loose or deteriorated material. Care shall be taken to prevent any loose material from entering lines and other areas by either plugging the lines ( where feasible) or inserting protective screens. 49.12.3.3 STRUCTURAL REPAIR Hand place or spray apply hydraulic cement material as necessary to prepared surface to fill cracks and voids in structure. Allow twenty (20) minutes before applying waterproofing/crystallization. 49.12.3.4 INFILTRATION CONTROL Pressure injection of hydrophilic gel and hydrophilic foam. 1. Drill 5/8" holes through active leaking surface. 2. Install all zert fittings, as recommended by manufacturer. 3. Inject material until water flow stops. 4. Remove fittings (if necessary). 49.12.3.5 WATERPROOFING/CRYSTALLIZATION PROCESS 1. Apply a slurry coat of powder #1 to moist wall using a stiffbrush, forming an undercoat. 2. Apply dry powder #2 to slurry coat by hand. 3. Brush or spray on sealing liquid during the application to penetrate and initiate the crystal forming process. 4. Repeat steps 2 and 3, until there are no visible leaks. 5. Apply powder #1 as an overcoat. 6. Allow one (1) hour to cure before applying cement lining. SectionlV.doc Page 108 of 127 JP61r?2Wf14 Attachment number 3 Page 134 of 153 Section IV - Technical Specifications 49.12.3.6 CEMENT LINING 1. Dampen surface. 2. Mix material in mixer as recommended for spray or hand trowel application. 3. Apply cement until required build up of at least one half inch (and no more than 2 inches) has been achieved. 4. Trowel to smooth finish, restoring contours of manhole. 5. Texture brush surface to prepare for epoxy finish. 6. Allow for a 24-hour cure time prior to epoxy coating. NOTE: If conditions of heavy humidity prevail, a dry air blower shall be used to facilitate curing times. 49.12.3.7 EPOXY COATING Spray apply epoxy coating using airless spraying equipment until surface is visibly covered and a thickness of at least 30 mils has been achieved. Manhole may be safely entered after six (6) hours, as epoxy will be hardened. Full cure strength will be achieved at forty eight (48) hours. 49.12.3.8 CLEAN UP The work crew shall remove all debris and clean work area. 49.12.3.9 MANHOLE TESTING AND ACCEPTANCE Manhole may be vacuum tested from the top of manhole frame to the manhole base. All pipes entering the manhole shall be plugged, taking care to securely place the plug from being drawn into the manhole. The test head shall be placed and the seal inflated in accordance with the manufacturers' recommendations. A vacuum pump of ten (10) inches of mercury shall be drawn and the vacuum pump shut off. With the valves closed, the time shall be measured for the vacuum to drop to nine (9) inches. The manhole shall pass if the time is greater than sixty (60) seconds for forty eight (48) inch diameter, seventy five (75) seconds for sixty (60) inches, and ninety (90) seconds for seventy two (72) inch diameter manholes. If the manhole fails the initial test, necessary repairs shall be made. Retesting shall proceed until a satisfactory test is obtained. Tests shall be performed by the Contractor under the direction of the Project Engineer. 49.12.3.10 WARRANTY All materials and workmanship shall be warranted to the Owner for a period of five (5) years, provided that all the above mentioned repair steps are used. 50 PROJECT INFORMATION SIGNS This article deleted. See SECTION III, ARTICLE 23 - PROJECT INFORMATION SIGNS. 51 IN-LINE SKATING SURFACING SYSTEM 51.1 SCOPE 1. These specifications pertain to the application of the Plexiflor Color Finish System over recreational areas intended for In-Line Skating activities. The materials specified in the SectionlV.doc Page 109 of 127 JP61r?2Wfl4 Attachment number 3 Page 135 of 153 Section IV - Technical Specifications site plans shall be of colors indicated and for application over the Plexipave Acrylic Latex System. 2. The work shall consist of suitable cleaning and preparation of the surface to assure a satisfactory bond of the system to the existing surface. 3. All coverage rates are calculated prior to dilution. 4. Plexiflor In-line Skating Surfacing System • 1 Coat of Acrylic Resurfacer • 2 Coats of Fortified Plexipave • 2 Coats of Plexiflor • Plexicolor Line Paint 51.2 SURFACE PREPARATIONS 51.2.1 ASPHALT Allow new asphalt to cure a minimum of 6 months. The surface must be checked for birdbaths, cracks and other irregularities and repaired with Court Patch Binder according to California Specification Section 10.14. (Surfacing prior to six months may make the asphalt subject to indentation). 51.2.2 CONCRETE Concrete shall have a wood float or broom finish. DO NOT PROVIDE STEEL TROWEL FINISH. DO NOT USE CURING AGENTS OR CONCRETE HARDENERS. Allow the concrete to cure a minimum of 30 days. Acid Etch the entire surface with Concrete Preparer according to California Specification Section 10.13. Check surface for birdbaths, cracks and other irregularities and repair with Court Patch Binder according to California Specification Section 10.14. 51.2.3 COURT PATCH BINDER MIX Court Patch Binder Mix: 100 Lbs. #80-100 Mesh Silica Sand (dry) 3 gallons Couth Patch Binder I to 2 gallons Portland Cement. 51.3 APPLICATION OF ACRYLIC FILLER COAT 1. Application of the Acrylic Resurfacer Mix shall be applied to the clean, dry, level surfaces to receive the Plexiflor Surfacing System. The mix shall be applied according to California Specification Section 10.8 using the following mix: Acrylic Resurfacer 55 gallons Water (Clean and Potable) 20-40 gallons Sand (60-80 mesh) 600-900 pounds Liquid Yield 112-138 gallons 2. Over asphalt surfaces, apply the Acrylic Resurfacer Mix in one or two coats (depending on surface porosity) at a rate of .05 -.07 gallons per square yard per coat. 3. Non-coated concrete surfaces must be neutralized with concrete preparer and primed with California Ti-Coat according to Specification Section 10.17. The Acrylic Resurfacer Mix SectionIV.doc Page I10 of 127 JP61r?2Wf14 Attachment number 3 Page 136 of 153 Section IV - Technical Specifications must be applied within 3 hours of the TiCoat application while the primer is dry but still tacky to the touch. Apply the Acrylic Resurfacer Mix in one or two applications at a rate of .05-.07 gallons per square yard per coat. 51.4 APPLICATION OF FORTIFIED PLEXIPAVE After the filler coat application has dried, apply two coats of Fortified Plexipave at an undiluted rate of .05-.07 gallons per square yard per coat using the following mix: Plexipave Color Base 30 gallons Plexichrome 20 gallons Water 20 gallons 51.5 PLEXIFLOR APPLICATION 1. Plexiflor is factory premixed and ready to use from the container. The material may be diluted with one (1 ) part water to six (6) parts Plexiflor to improve flowability and provide uniform application. 2. Apply two coats of Plexiflor at a rate of .04-.05 gallons per square yard per coat. 3. Plexiflor is applied (in a similar manner to Plexipave) in windrows on the surface with sufficient quantity to cover as the squeegee is pulled over the surface. Apply only light pressure to the squeegee. Do not allow ridges to form between passes of the squeegee. Ridges existing after material dries should require corrective action. 4. Plexiflor and its preliminary coatings should be allowed to thoroughly dry prior to application of subsequent coats. 51.6 PLAYING LINES Four hours minimum after completion of the color resurfacing, playing lines shall be accurately located, marked and painted with Plexicolor Line Paint as specified by The National In-Line Hockey Association. 51.7 GENERAL 1. The contractor shall remove all containers, surplus materials and debris upon completion of work leaving the site in a clean, orderly condition that is acceptable to the owner. Gates shall be secured and all containers shall be disposed of in accordance with Local, State and Federal regulations. 2. Materials specified for the Plexiflor System shall tee delivered to the site in sealed, property labeled arums with California Products Corporation labels that are stenciled with the proper batch code numbers. Products packaged or labeled in any other manner will not be accepted. Mixing with clear, fresh water shall only be done at the job site. Coverage rates are based upon material prior to mixing with water as specified. 51.8 LIMITATIONS 1. Do not apply if surface temperature is less than 50°F or more than 1 40°F. 2. Do not apply when rain or high humidity is imminent. 3. Do not apply when surface is damp or has standing water. SectionIV.doc Page I I I of 127 JP61r?2Wf14 Attachment number 3 Page 137 of 153 Section IV - Technical Specifications 4. Plexiflor will not hide surface imperfections of previous coatings. 5. Keep from freezing. Do not store in the hot sun. 6. Keep containers tightly closed when not in use. 7. Plexiflor will not prevent substrate cracks from occurring. 8. Plexiflor will mark slightly from normal use of some In-line Skates. 9. Coefficient of friction = 0.78 10. Coating Application Drying Time: 30 minutes to I hour at 70°F with 60% relative humidity. 11. Keep court clean. Excess dirt or foreign material can cause the surface to be slippery. In-Line hockey is a physical sport. Always wear NINA recommended protective gear. 52 RESIDENT NOTIFICATION OF START OF CONSTRUCTION This article deleted. See SECTION III, ARTICLE 22 - RESIDENT NOTIFICATION OF START OF CONSTRUCTION. 53 GABIONS AND MATTRESSES 53.1 MATERIAL 53.1.1 GABION AND RENO MATTRESS MATERIAL 53.1.1.1 PVC COATED WIRE MESH GABIONS & MATTRESSES Gabion & mattress basket units shall be of non-raveling construction and fabricated from a double twist by twisting each pair of wires through three half turns developing the appearance of a triple twist. The galvanized wire core shall have a diameter of 0.1063 inches (approx. US gauge 12). All wire used in the fabrication of the gabion shall comply with or exceed Federal Specifications QQ-W-461H, possess a maximum tensile strength of 70,000 p.s.i. with a Finish 5, Class 3 zinc coating in accordance with the current ASTM A-641. The weight of zinc coating shall be determined by ASTM A-90. The grade of zinc used for coating shall be High Grade or Special High Grade, as prescribed in ASTM B-6, Table 1. Uniformity of coating shall equal or exceed four I-minute dips by the Preece test, as determined by ASTM A-239. The PVC coating shall be extruded and adhere to the wire core prior to weaving. The PVC coated wire shall be woven into a double twisted hexagonal mesh having uniform openings of 3 1/4 inches by 4 1/2 inches. The overall diameter of the mesh wire (galvanized wire core plus PVC coating) shall be 0.146 inches. Selvedge and reinforcing wire shall be of heavily galvanized wire core, 0.1338 inches in diameter (approx. US gauge 10), coated with PVC and having an overall diameter (galvanized wire core plus PVC coating) of 0.173 inches. Lacing and connecting wire shall be of soft tensile strength (75,000 PSI max), heavily galvanized wire core, 0.087 inches in diameter (approx. US gauge 13/2), coated with PVC and having an overall diameter (galvanized wire core plus PVC coating) of 0.127 inches. The use of alternate wire fasteners shall be permitted in lieu of tie wire providing the alternate fastener produces a four (4) wire selvedge joint with a strength of 1200 lbs. per linear foot while remaining in a locked and closed condition. Properly formed interlocking fasteners shall be spaced from 4 to 6 inches and have a minimum 3/4 square inch inside area to properly confine the required selvedge wires. Tiger-Tite SectionlV.doc Page 112 of 127 JP61r?2Wf14 Attachment number 3 Page 138 of 153 Section IV - Technical Specifications Interlocking Fasteners are an approved alternate joint material. The Interlocking Wire Fastener shall meet stainless steel material specification ASTM A-313, Type 302, Class 1, or equal. All of the above wire diameters are subject to tolerance limit of 0.004 inches in accordance with ASTM A-641. 53.1.1.2 PVC (POLYVINYL CHLORIDE) COATING The coating shall be gray in color and shall have a nominal thickness of 0.0216 inches but not less than 0.015 inches in thickness. The protective PVC plastic shall be suitable to resist deleterious effects from exposure to light, immersion in salt or polluted water and shall not show any material difference in its initial compound properties. The PVC compound is also resistant to attack from acids and resistant to abrasion. 1. Specific Gravity: a. According to ASTM D-2287 and ASTM D- 792; in the range of 1.30 to 1.34. 2. Tensile Strength: a. According to ASTM D-142; not less than 2980 psi. 3. Modulus of Elasticity: a. According to ASTM D-412; not less than 2700 psi at 100% strain. 4. Resistance to Abrasion: a. According to ASTM 1242; weight loss <12% (Method B). 5. Brittleness Temperature: a. According to ASTM D-746, Procedure A; shall be at least 8.3 degrees centigrade below the minimum temperature at which the gabions will be handled or placed but not lower than -9.4 degrees centigrade. 6. Hardness: a. According to ASTM D-2240; shall be between 50 and 60 Shore D when tested. 7. Creeping Corrosion: a. Maximum corrosion penetration to the wire core from a square cut end section shall not be more than 25mm when the specimen has been immersed for 2000 hours in a 50% SOLUTION HCI (hydrochloric acid 12 Be). 53.1.1.3 ACCELERATED AGING TESTS Variation of the initial properties will be allowed, as specified below, when the specimen is submitted to the following Accelerated Aging Tests: 1. Salt Spray Test: a. According to ASTM B-117 b. Period of test = 3000 hours. 2. Exposure to ultraviolet rays: a. According to ASTM D-1499 and ASTM G-23 (Apparatus Type E). Period of test = 3000 hours at 63 degrees centigrade. SectionlV.doc Page 113 of 127 ??? 2?F fl 4 Attachment number 3 Page 139 of 153 Section IV - Technical Specifications 3. Exposure to high temperature: a. Testing period: 240 hours at 105 degrees centigrade, when tested in accordance with ASTM D- 1203 and ASTM D-2287. 53.1.1.4 PROPERTIES AFTER AGING TESTS After the above Accelerated Aging Tests have been performed, the PVC compound shall exhibit the following properties: 1. Appearance: a. The vinyl coating shall not crack, blister or split and shall not show any remarkable change in color. 2. Specific Gravity: a. Shall not show change higher than 6% of its initial value. 3. Durometer Hardness: a. Shall not show change higher than 10% of its initial value. 4. Tensile Strength: a. Shall not show change higher than 25% of its initial value. 5. Elongation: a. Shall not show change higher than 25% of its initial value. 6. Modulus of Elasticity: a. Shall not show change higher than 25% of its initial value. 7. Resistance to Abrasion: a. Shall not show change higher than 10% of its initial value. 8. Brittleness Temperature: a. Cold Bend Temperature - Shall not be lower than -20 degrees centigrade. b. Cold Flex Temperature -Shall not be higher than +18 degrees centigrade. 53.1.2 GABION AND MATTRESS FILLER MATERIAL: The filler stone shall be limestone from a source approved by the Engineer before delivery is started. Representative preliminary samples of the stone shall be submitted by the contractor or supplier for examination and testing by the Engineer. The stone shall have a minimum specific gravity of 2.3 and be of a quality and durability sufficient to insure permanency in the structure. The individual stones shall be free of cracks, seams, and other defects that would tend to promote deterioration from natural causes, or which might reduce the stones to sizes that could not be retained in the gabion or mattress baskets. The stone shall meet the following physical requirements: • Absorption, maximum 5% • Los Angeles Abrasion (FM 10T096), maximum loss 45% • Soundness (Sodium Sulphate), (FM 1-T104), maximum loss 12% SectionlV.doc Page 114 of 127 JP61r?2Wf14 Attachment number 3 Page 140 of 153 Section IV - Technical Specifications • Flat and elongated pieces, materials with least dimension less than one third of greatest dimension shall not exceed 5% by weight. All filler material shall be uniformly graded between 4 inch and 8 inch (equivalent spherical diameter) and shall be angular in form. Rounded stones shall not exceed 10% of the stone, by weight and 70% of the stone, by weight, shall exceed the largest dimension of the mesh opening. 53.1.3 MATTRESS WIRE Mattress wire shall conform to the same specifications as gabions except as follows: 1. The nominal diameter of the wire used in the fabrication of the netting shall be 0.0866 inches minimum, subject to diameter tolerance in accordance with the current ASTM A 641, Table 3. 2. All wire shall be galvanized according to ASTM A 641, Table 1. The minimum weight of the zinc coating shall be 0.70 ozs./sq. ft. for the 0.0866 inch wire used for mesh and lacing and 0.80 ozs./sq. ft. for the 0.106 wire used for selvedge. 3. Adhesion of the zinc coating to the wire shall be capable of being wrapped in a close helix at a rate not exceeding 15 turns per minute around a cylindrical steel mandrel having a diameter 3 times the nominal wire diameter being tested. After the wrap test is completed, the wire shall not exhibit any cracking or flaking of the zinc coating to such an extent that any zinc can be removed by rubbing with bare fingers. 53.1.4 GEOTEXTILE FABRIC Fabric shall conform to FDOT Standard Index 199, Type D-2, and FDOT Standard Specifications, 1996 edition, Section 985. 53.2 PERFORMANCE Gabions and Reno Mattresses shall be installed according to the manufacturer's recommendations and as shown on the Drawings. Fabrication of gabion baskets shall be in such a manner that the sides, ends, lid and diaphragms can be assembled at the construction site into rectangular baskets of the sizes specified and shown on the Drawings. Gabions and mattresses shall be of single unit construction; the base, lid ends and sides shall be either woven into a single unit or one edge of these members connected to the base section of the gabion in such a manner that the strength and flexibility at the connecting point is at least equal to that of the mesh. Where the length of the gabion and mattress exceeds one and one-half its horizontal width, they shall be equally divided by diaphragms of the same mesh and gauge as the mattresses shall be furnished with the necessary diaphragms secured in proper position on the base so that no additional tying is required at this juncture. The wire mesh is to be fabricated so that it will not ravel. This is defined as the ability to resist pulling apart at any of the twists or connections forming the mesh when a single wire strand in a section of mesh is cut. Each gabion or mattress shall be assembled by tying all untied edges with binding wire. The binding wire shall be tightly looped around every other mesh opening along seams so that single and double loops are alternated. A line of empty gabions shall be placed into position according to the contract drawings and binding wire shall be used to securely tie each unit to the adjoining one along the vertical reinforced edges and the top selvedges. The base of the empty gabions placed on top of a filled line of gabions shall be tightly wire to the latter at front and back. SectionlV.doc Page 115 of 127 JP61r?2Wfl4 Attachment number 3 Page 141 of 153 Section IV - Technical Specifications To achieve better alignment and finish in retaining walls, gabion stretching is recommended. Connecting wires shall be inserted during the filling operation in the following manner: Gabions shall be filled to one third full and one connecting wire in each direction shall be tightly tied to opposite faces of each cell at one third height. The gabion shall then be filled to two thirds full and one connecting wire in each direction shall be tightly tied to opposite face of each cell at one two third height. The cell shall then be filled to the top. Filler stone shall not be dropped more than 12" into the gabions and mattresses. Geotextile fabric shall be installed at locations shown in the Drawings. The surface to receive the cloth shall be prepared to a relatively smooth condition free of obstructions which may tear or cut the cloth. The panel shall be overlapped a minimum of 30 inches and secured against movement. Cloth damaged or displaced during installation, gabion work, or backfill shall be replaced or repaired to the satisfaction of the Engineer at the contractor's expense. The work shall be scheduled so that the fabric is not exposed to ultraviolet light more than the manufacturer's recommendations or five days, whichever is less. 54 LAWN MAINTENANCE SPECIFICATIONS 54.1 SCOPE To remove trash and debris from landscape and paved area; maintenance and fertilization of plant beds and landscape materials; maintenance, repair, and operation of irrigation systems; ornamental pest control; palm pruning; maintenance of traffic; and the cleaning of hard surfaces at designated areas. The Contractor is to work with the City in coordinating maintenance activities and reporting irregularities in the work zone. The Contractor(s) will provide the labor and materials required to maintain the landscaped street medians including: • Traffic safety and Maintenance of Traffic; • Trash and debris removal from the job site; • Removal of weeds in landscaped areas and hard surfaces; • Proper trimming and pruning of landscape plants and palms; • Proper fertilization and pest control of landscape and palms (may be subcontracted); • Irrigation service and repair; • Mulch replacement; • Cleaning of hard surfaces; and the • Reporting of irregularities at the job site. 54.2 SCHEDULING OF WORK The Contractor(s) shall accomplish all landscape maintenance required under the contract between the hours of 6:30 a.m. and 7:00 p.m. Monday through Saturday, excluding observed holidays. The City may grant, on an individual basis, permission to perform contract maintenance at other hours. All work shall be completed in a continuous manner, that is the cleanup, weeding, trimming, etc., be completed before leaving the job site. SectionlV.doc Page 116 of 127 ??? 2?F fl 4 Attachment number 3 Page 142 of 153 Section IV - Technical Specifications 54.3 WORK METHODS 54.3.1 MAINTENANCE SCHEDULING The Contractor(s) will adhere to a work schedule provided by the City (see Level of Service). Any variations to that schedule, requested by either party, must be approved, either verbally or in writing by an authorized representative of the other party. 54.3.2 DUTIES PER SERVICE VISIT The contractor(s) shall provide the following service at each scheduled visit to the designated location: 54.4 LITTER Remove trash and debris from the area to be maintained. Proper disposal of collected trash and debris is a requirement of the contractor. Extraordinary amounts of debris caused by hurricanes, tornadoes, vandalism, etc., would be the responsibility of the City to clean up. The contractor should report such accumulations of debris when they are encountered. Bids for the extraordinary cleanup from the contractor would be considered. 54.5 VISUAL CHECK The site should be checked for irregularities, such as irrigation leaks, vehicle damage, dead or damaged plant material, vandalism, etc., which should be reported to the City within 24 hours after providing the service. 54.6 PLANT TRIMMING AND PALM PRUNING All plant material should be trimmed in a manner that promotes the natural shape and mature size of the particular specie. Trimming should be performed at intervals that will maintain plants in a neat appearance. Trimming should be performed to promote fullness of the plants, while maintaining height restrictions in Clear Sight Zones as established on the landscape plans. Plants shall be kept trimmed to the back of curb. Brown foliage shall be removed from Liriope. Palm pruning to be performed at least once per year, preferably in late June or July following flower formation, according to the following specifications: 54.7 PHOENIX SPECIES (CANARY DATE, INDIA DATE, PYGMY DATE, ETC.) Remove all descending fronds, to the base of the frond; all parallel and ascending fronds are to remain in order to leave a full, rounded head; seed heads may remain, but remove old faded heads that are encountered in the pruning process; remove loose frond boots; remove vegetation; such as strangler figs, Brazilian Pepper, Asparagus fern, etc., growing in the frond boots or on the trunk. Provide the rounded, classic cut on all Medjool palm boots. No climbing spikes allowed on palms. 54.8 DEBRIS REMOVAL All debris from pruning process is to be removed from the job site and disposed of by the contractor. Work sites should be left in a clean and neat appearance upon completion. SectionlV.doc Page 117 of 127 JP61r?2Wfl4 Attachment number 3 Page 143 of 153 Section IV - Technical Specifications 54.9 TRAFFIC CONTROL Proper and safe work zones in vehicular traffic areas are to be set up and maintained by the contractor, according to the attached Maintenance of Traffic specifications. 54.10 PEDESTRIAN SAFETY Contractor is responsible for maintaining safe work zones in areas where pedestrian and park users are present. The City reserves the right to limit the hours of operation in certain high pedestrian use areas. 54.11 PLANT FERTILIZATION All tree and plant material should be fertilized with the appropriate amount of 20-6-12 sulfur coated, slow release, ornamental fertilizer, three times per year. Applications should be made in mid-February, early June, and mid-September, for the first two years. Fertilizer types and amounts will change with requirements of maturing landscape materials. 54.12 WEED REMOVAL IN LANDSCAPED AREA Weeds should be removed on a regular basis in order to keep them from being visibly noticeable. Weed control with the use of appropriate herbicides is allowable, given they are properly applied by a certified applicator. Herbicide damage to landscape material will be remedied by contractor at his/her expense. 54.13 MULCH CONDITION Should be maintained at a thickness that will discourage weed growth as well as help retain soil moisture, usually 3 inches. 54.14 IRRIGATION SERVICE AND REPAIR Should be performed at each visit to assure the systems proper operation and timing. Drip tubing should be kept covered with mulch. Timer should be checked for proper time of day and operating schedule. Leaks or breaks in the system should be repaired before the next scheduled system running time. All repairs which will be charged at $20.00 or more must be approved in advance by the city. Minor repairs, less than $20.00, should be billed to the City in addition to the monthly maintenance fee. 54.15 LAWN AND ORNAMENTAL PEST CONTROL Should be performed by a properly licensed and certified applicator to keep pest populations at a less than damaging level. Landscape materials lost to or extensively damaged by pests will be replaced by the contractor at the contractor's expense. Diazinon products are not to be used on City properties. 54.16 PALM FERTILIZATION Apply three pounds of Magnesium sulfate and one pound of Potassium evenly, per tree, across the root zone (typically within the dripline), annually in early February. SectionlV.doc Page 118 of 127 ??? 2?F fl 4 Attachment number 3 Page 144 of 153 Section IV - Technical Specifications 54.17 FREEZE PROTECTION The City will provide a freeze/frost protection fabric for the Contractor to install over freeze/frost sensitive plants (Lantana and Pentas). The covering material will be stored at a City facility (yet to be determined). Contractor will remove the covering material from storage and install over the sensitive plants, securely fastening edges of the material to the ground per manufacturer's directions. The City will furnish metal pins needed for securing fabric to the ground. The City will notify the Contractor one (1) day or twenty-four (24) hours minimum prior to the need to protect plant material. After uses, the Contractor will prepare the fabric for storage and return it to the designated City facility. Protective covering shall be removed the following afternoon or remain in placed as directed by the City. The City shall notify the Contractor by 11:00 a.m. about removing the cover or keeping it in place due to continued freezing temperatures. The City may cancel the freeze protection event at any time prior to the end of the scheduled installation day (5:00 p.m.) The Contractor will be compensated for the number of hours mobilization or on-site work at the contracted rate per man-hour unit price. The Contractor shall provide a unit price for the installation and removal of the covering fabric on a per event basis, as well as an hourly rate per employee required. The City and contractor will coordinate appropriate irrigation operations with weather conditions. Should freeze/frost damage occur, the Contractor shall perform remedial work as per unit basis, as directed by the City. 54.18 LEVEL OF SERVICE This location is to be serviced weekly. Repairs to damage or vandalism to be made within 7 working days of reported irregularity. Weekly visits should occur no closer than six and no further than ten calendar days apart. 54.19 COMPLETION OF WORK Within 24 hours of completing work the contractor shall notify the supervisor assigned to monitor the contract either in person or by phone of said completion. It is acceptable to leave a phone message. However, to make certain the message is received, it is advisable to call between 6:30 a.m. - 7:30 a.m. or 2:30 p.m. - 3:00 p.m. 54.20 INSPECTION AND APPROVAL Upon receiving notification from the Contractor, the City shall inspect the serviced location the following business day. If, upon inspection, the work specified has not been completed, the City shall contact the Contractor to indicate the necessary corrective measures. The Contractor will be given 48 hours from this notification to make appropriate corrections. If the work has been completed successfully then the City will pay for services billed. 54.21 SPECIAL CONDITIONS This location will be newly installed and under warranty by the installer for a six month period on plants and 12 month warranty on palms. Landscape installer will coordinate irrigation operation with the Maintenance contractor to assure adequate irrigation to the landscape materials. Installer will also be responsible for the untying of palm heads/fronds as he feels appropriate. 2. All listed acreage or square footage figures are estimates. SectionlV.doc Page 119 of 127 JP61r?2Wf14 Attachment number 3 Page 145 of 153 Section IV - Technical Specifications 3. All maintenance shall be performed in a good and workmanlike manner, consistent with trade practices and standards which prevail in the industry. 4. The Contractor shall be responsible for damage to any plant material or site feature caused by the Contractor or his/her employees. The Contractor shall be notified in writing of the specific nature of the damage and cost of repair. The City shall, at its option, invoice the Contractor for the payment, or reduce by the amount of the repairs the next regular payment to the Contractor. 5. Occasionally circumstances (standing water, prolonged inclement weather, parked vehicles, etc.) may make all or portions of a location unserviceable during the regular schedule. The Contractor shall notify the City Supervisor of such occurrences, and shall schedule to perform the required maintenance to the location as soon as the pertaining circumstances are relieved. 55 MILLING OPERATIONS 55.1 EQUIPMENT, CONSTRUCTION & MILLED SURFACE Unless otherwise noted in the specs, plans or this Article, the milling operation shall be performed in accordance with Section 327 of FDOT's Standard Specifications (latest edition). The Contractor shall notify the Project Inspector a minimum of 24 hours in advance of all milling. 55.2 ADDITIONAL MILLING REQUIREMENTS 1. If the milling machine is equipped with preheating devices, the contractor is responsible to secure any necessary permits, and for complying with all local, state and federal environmental regulations governing operation of this type of equipment. 2. All milled surfaces must be repaved within seven days from the time it was milled, unless otherwise noted in the contract documents. 3. Prior to paving, all milled areas shall be swept with a Municipal type sweeper either of the vacuum or the mechanical type, that picks up and hauls off, dust and dirt (the Broom Tractor way of sweeping is not be permitted). The sweeper must be equipped with its own water supply for pre-wetting to minimize dust. Moreover, the Contractor shall sweep debris off of sidewalks, driveways and curbs in addition to the roadways before leaving the job site. 4. In cases where concrete valley swales are present, the adjoining pavement shall be milled to allow for the new asphalt grade to be flush with the contract surface. 5. The Contractor shall be responsible for removing any asphalt that remains in the curb line and/or median curbs after the milling operation of a street is complete. The cost of this removal shall be included in the bid item for milling. 6. All radius returns on streets to be milled shall also be milled unless otherwise directed by the Engineer, with payment to be included in the bid item for milling. 7. Any leveling or base replacement required after milling shall be applied to sections of the road as noted on the plans, or directed by the Engineer, per Section 330 of FDOT's 2000 Standard Specifications for S-Type resurfacing projects or Section 330 (latest edition) for SectionlV.doc Page 120 of 127 JP61r?2Wfl4 Attachment number 3 Page 146 of 153 Section IV - Technical Specifications superpave resurfacing projects. The cost shall be included in the per ton unit cost for asphalt, unless otherwise noted in the project scope and plans. 8. Any roadway base material exposed as a result of the milling operation shall be primed that same day (unless otherwise directed by the Engineer) per Section 300 of FDOT's Standard Specifications (latest edition). Repairs required to said base that result from a failure to place the prime in a timely manner shall be done to the City's satisfaction, and at the Contractor's expense. No paving of the exposed base can commence until the City approves the repaired base. The cost of said prime shall be included in the bid item for milling. 9. Prior to the placement of asphalt, the face of all curbs and driveways shall be tacked after the milling operation is complete. 55.3 SALVAGEABLE MATERIALS All surplus existing materials resulting from milling operations shall remain the property of the City. The transporting and stockpiling of salvageable materials shall be performed by the Contractor. The Contractor shall contact the Public Services Division at (727) 562-4950 to schedule delivery of material. 55.4 DISPOSABLE MATERIALS All surplus materials not claimed by the City shall become the property of the Contractor. The Contractor shall dispose of the material in a timely manner and in accordance with all regulatory requirements in areas provided by the Contractor at no additional expense to the City. 55.5 ADJUSTMENT AND LOCATION OF UNDERGROUND UTILITIES All utilities and related structures requiring adjustment shall be located and adjusted by their owners at the owner's expense. The Contractor shall arrange his schedule to allow utility owners the time required for such adjustments (minimum 48 hours notice per State Statute). All utility adjustments shall be completed prior to the commencement of milling and resurfacing operations. 55.6 ADJUSTMENT OF UTILITY MANHOLES The necessary adjustments of sanitary sewer and stormwater utility manholes and appurtenances shall be accomplished by the Contractor in accordance with Section IV, Article 23.7 of the City's Technical Specifications. 55.7 TYPES OF MILLING There are two types of milling used by the City: A. Wedge - This will consist of milling a six foot wide strip along the curb line of the pavement adjacent to the curb so the new asphalt will align with the original curb height and pavement cross section. B. Full Width - This will consist of milling the entire roadway (i.e. curb line/edge of pavement to curb line/edge of pavement). All existing horizontal and vertical geometry shall remain unless otherwise indicated or approved by the Engineer. SectionlV.doc Page 121 of 127 ??? 2?F fl 4 Attachment number 3 Page 147 of 153 Section IV - Technical Specifications 55.8 MILLING OF INTERSECTIONS Intersections, as well as other areas (including radius returns) are to be milled and repaved to restore and/or improve the original drainage characteristics. Said work should extend approximately 50 to 100 feet in both directions from the low point of the existing swale. 55.9 BASIS OF MEASUREMENT The quantity to be paid for will be the area milled, in square yards, completed and accepted. 55.10 BASIS OF PAYMENT The unit price for milling shall include: all materials, preparation, hauling, transporting and stockpiling of salvageable materials, disposal of all surplus material, any required milling of radius returns and intersections, prime and/or tack coat either required or placed at Engineer's discretion, removal of asphalt from curbs, sweeping, labor, equipment, and all incidentals necessary to complete the milling in accordance with the plans and specifications. 56 CLEARING AND GRUBBING The work included in this specification includes the removal and disposal of all structures, appurtenances, asphalt, concrete, curbs, walls, trees, roots, vegetation, boulders, conduits, poles, posts, pipes, inlets, brush, stumps, debris and other obstructions resting on or protruding through the ground surface necessary to prepare the area for construction. Clearing and grubbing shall be performed in accordance with Section 110 of FDOT's Standard Specifications (latest edition). Unless otherwise specified in the contract documents, the Contractor shall take ownership of all removed material and dispose of them off-site in accordance with all Local, State and Federal Requirements. 56.1 BASIS OF MEASUREMENT The basis of measurement shall be either a lump sum quantity or the number of acres cleared and grubbed as specified on the plans or directed by the Engineer. 56.2 BASIS OF PAYMENT The pay item for clearing and grubbing shall include: all removal and disposal of materials and structures as well as all materials, hauling, equipment, tools, labor, leveling of terrain, landscape trimming and all incidentals necessary to complete the work. 57 RIPRAP The work included in this specification includes the construction of either sand-cement or rubble riprap as shown on the plans. The riprap shall be constructed per Section 530 of FDOT's Standard Specifications (fastest edition). 57.1 BASIS OF MEASUREMENT The basis of measurement for riprap shall be the volume of sand used in cubic yards for sand- cement, or the dry weight in tons for rubble. SectionlV.doc Page 122 of 127 JP61r?2Wf14 Attachment number 3 Page 148 of 153 Section IV - Technical Specifications 57.2 BASIS OF PAYMENT The pay item for sand-cement riprap shall include: all materials, testing, labor, grout, hauling, equipment, excavation, backfill, dressing and shaping for placement of sand-cement and all incidentals necessary to complete the work. The pay item for rubble riprap shall include: all materials, required bedding stone, dressing and shaping for placement of bedding stone, filter fabric, testing, hauling, excavating, backfill, dressing and shaping for placement of rubble, and all incidentals necessary to complete the work. No payment will be granted if concrete or stone that exists on-site is used as rubble riprap. 58 TREATMENT PLANT SAFETY This article applies to all City projects located at one of the City's Wastewater Treatment Plants (WWTP) or Potable Water Reservoirs. 58.1 HAZARD POTENTIAL The Contractor shall be aware that hazardous materials are used at the WWTP's and the water reservoirs. These may include sodium hypochlorite, gaseous chlorine, sulfur dioxide and ammonia. Potential safety hazards associated with these substances include: • An accidental spill or release can impair respiratory functions and result in severe burns to the skin and eyes. At the pre-construction conference, the contractor will be provided with a copy of the City of Clearwater Public Utilities Department Emergency Response Plan, and a copy of the applicable Material Safety Data Sheets. All employees of the contractor and sub-contractor assigned to this job shall be familiar with the content of these documents. 58.2 REQUIRED CONTRACTOR TRAINING Prior to issuance of a notice to proceed, the contractor must submit documentation regarding employee safety training relating to the items in Section A above. The documentation must include: • Verification that all employees assigned to this job have received and understood training in the proper work practices necessary to safely perform the job while working around gaseous chlorine and sulfur dioxide gas. • The date of the training, and • The means used to verify that the employee understood the training. 59 TRAFFIC SIGNAL EQUIPMENT AND MATERIALS All traffic signal work shall be performed per the latest edition of FDOT's Standard Specifications (Sections 603 through 699), unless otherwise specified in the contract documents and plans. This specification includes, but is not limited to, the following items: all necessary equipment, materials, guaranties, acceptance procedures, signal timings, field tests, grounding, conduit, signal and interconnect cable, span wire assemblies, pull and junction boxes, electrical power service assemblies, poles, signal assemblies, pedestrian assemblies, inductive loop detectors, SectionlV.doc Page 123 of 127 JP61r?2Wfl4 Attachment number 3 Page 149 of 153 Section IV - Technical Specifications pedestrian detectors, traffic controller assemblies, controller cabinets and accessories, removal of existing traffic signal equipment, and internally illuminated signs. All traffic signal installations shall be mast arms and conform to the requirements of FDOT's Mast Arm Assembly standard, and shall be signed and sealed by a professional engineer registered in the state of Florida. All mast arm calculations, as well as the geotechnical report, shall also be signed and sealed by a professional engineer registered in the state of Florida. All mast arm colors shall be determined and approved by the City prior to ordering from the manufacturer. All traffic signal indicators for vehicles and pedestrians shall be LED's and, approved by both the City and FDOT. In addition to this, all pedestrian signal indicators shall utilize countdown features. Contractor changes to the operation of an existing signal is PROHIBITED unless directed by the City's Traffic Engineering Division. 59.1 BASIS OF MEASUREMENT AND PAYMENT The basis of measurement and payment shall be specified in the contract documents and/or plans and shall include all equipment, preparation, materials, testing and incidentals required to complete the work per the plans. 60 SIGNING AND MARKING All signing and marking work shall be performed per the latest edition of FDOT's Standard Specifications, unless otherwise specified in the contract documents and plans. This specification includes the following work: RPM's (Section 706), painted traffic stripes and markings (Section 710), thermoplastic stripes and markings (Section 711) and tubular delineators/flex posts (Sections 705 and 972). The Contractor is responsible to ensure that striping is correctly placed. Errors in striping or markings shall be "blacked-out" with paint, unless otherwise directed by the Engineer. No payment will be made for these incorrect or "blacked-out" areas. Omissions in striping or markings shall be corrected to the City's satisfaction prior to any payment being made. 60.1 BASIS OF MEASUREMENT AND PAYMENT The basis of measurement and payment shall be specified in the contract documents and/or plans and shall include all equipment, preparation, materials and incidentals required to complete the work per the plans. 61 ROADWAY LIGHTING All roadway lighting shall be constructed per Sections 715 and 992 of FDOT's Standard Specifications (latest edition), unless otherwise specified in the contract documents and plans. 61.1 BASIS OF MEASUREMENT AND PAYMENT The basis of measurement and payment shall be specified in the contract documents and/or plans and shall include all equipment, materials, testing and incidentals required to complete the work per the plans. SectionlV.doc Page 124 of 127 JP61r?2Wf14 Attachment number 3 Page 150 of 153 Section IV - Technical Specifications 62 TREE PROTECTION 62.1 TREE BARRICADES A. A protective barrier shall be placed around all protected trees and palms prior to land preparation or construction activities within or adjacent to the work zone, including all staging and/or lay down areas. Protective barriers shall be installed as follows: 1. At or greater than the full dripline of all species of Mangroves and Cabbage Palms. 2. At or greater than the full dripline or all protected native pine trees and other conifer species. 3. At or greater than two-thirds of the dripline of all other protected species 4. At or greater than the full dripline of trees within a specimen tree stand. B. Protective barriers are to be constructed using no less than two-inch lumber for upright posts. Upright posts are to be at least four feet in length with a minimum of one foot anchored in the ground. Upright posts are to be placed at a maximum distance of eight feet apart. Horizontal rails are to be constructed using no less than one inch by four-inch lumber and shall be securely attached to the top of the upright post. The project City's representative must approve any variation from the above requirements. C. Whenever a protective barrier is required, it shall be in place until all construction activity is terminated. The area within the barrier limits shall remain undisturbed by any activity during construction. Native ground cover and understory vegetation existing within the barriers shall remain throughout construction. Exotic plant species may only be removed by manual labor utilizing hand tools or by other means if authorized in writing by the City's representative. D. Prior to the erection of any required protective barrier, all surface foreign material, trash or debris shall be removed from the area enclosed by the barrier, and after erection of the barrier no such material or litter shall be permitted to remain within the protected area. No equipment, chemicals, soil deposits or construction materials shall be placed within such protective barriers. E. No signs, building permits, wires, or other attachments of any kind shall be attached to any protected tree or palm. F. At all times, due care shall be taken to protect the critical root zone of trees protected by this section, and root pruning requirements shall apply to such trees. 62.2 ROOT PRUNING A. Where proposed construction improvements involve excavation and/or impacts to the critical root zone of protected trees, the Contractor shall be required to have an International Society of Arboriculture (ISA) certified arborist perform, or directly supervise root pruning to reduce the impacts of construction. The critical root zone is equivalent to the tree's dripline. Prior to any clearing, grubbing or excavation activities, the affected roots must be severed by clean pruning cuts at the point where grubbing or excavation impacts the root system. Roots can be pruned utilizing specified root pruning equipment designed for that purpose or by hand digging a trench and pruning roots with a pruning saw, chain saw or other equipment designed for tree pruning. Root pruning by trenching equipment or excavation equipment is strictly prohibited. Roots located in the critical root zone that will be impacted by SectionlV.doc Page 125 of 127 JP61r?2Wf14 Attachment number 3 Page 151 of 153 Section IV - Technical Specifications construction activities shall be pruned to a minimum depth of 18 inches below existing grade or to the depth of the proposed impact if less than 18 inches from existing grade. Tim Kurtz, Senior Landscape Architect is the City's Representative on Public Works projects for root Pruning issues and can be reached at (727) 562-4737, or through the construction inspector assigned to the project. B. Root pruning shall only be preformed by or under the direct supervision of an International Society of Arboriculture (ISA) certified arborist. C. Any proposed root pruning trenches shall be identified on site (i.e. staked or painted) inspected and approved by the City's representative prior to actual root pruning. D. Root pruning shall be preformed as far in advance of other construction activities as is feasible, but at a minimum shall be performed prior to ANY impacts to the soil. Associated tree protection measures should be implemented upon completion of said root pruning. E. If there is a likelihood of excessive wind and/or rain exceptional care shall be taken on any root pruning activities. F. Root pruning shall be limited to a minimum of ten inches per one inch of the trunk diameter from the tree base. Any exception must be approved by the City's representative prior to said root pruning. G. Roots shall be cut cleanly, as far from the trunk of the tree as possible. Root pruning shall be done to a minimum depth of 18" from existing grade, or to the depth of the disturbance if less than 18". H. Root pruning shall be performed using a Doscocil Root Cutting Machine or equivalent. Alternate equipment or techniques must be approved by the City's representative, prior to any work adjacent to trees to be preserved. 1. Root pruning shall be completed, inspected and accepted prior to the commencement of any excavation or other impacts to the critical root zones of trees to be protected. J. Excavations in an area where root are present shall not cause the tearing or ripping of tree roots. Roots must first be cleanly severed prior to continuing with the excavation, or tunneled around to prevent damage to the root. K. Tree roots shall not be exposed to drying out. Root ends shall be covered with native soil or burlap and kept moist until final backfill or final grades has been established. L. When deemed appropriate (e.g., during periods of drought) the City representative may require a temporary irrigation system be utilized in the remaining critical root zones of root pruned trees. M. When underground utility lines are to be installed within the critical root zone, the root pruning requirement may be waived if the lines are installed via tunneling or directional boring as opposed to open trenching. 62.3 PROPER TREE PRUNING A. All tree pruning and/or root pruning on existing trees to remain shall only be preformed by or under the direct supervision of an International Society of Arboriculture (ISA) certified arborist. Furthermore, all tree work shall conform to the American National Standards Institute (ANSI) 2001, American National Standard for tree care operations - Tree, Shrub and other Woody Plant Maintenance - Standard practices (pruning) ANSI A-300. SectionlV.doc Page 126 of 127 JP61r?2Wfl4 Attachment number 3 Page 152 of 153 Section IV - Technical Specifications B. Proper pruning techniques for all lateral branches of protected trees are required. Flush cuts (pruning cuts that remove the branch collar) and stub cuts (cuts that leave a stub on the tree) are improper techniques. Any protected tree that has been improperly pruned will not be recognized as a tree left on the project in a healthy growing condition, and will require replacement consistent with the current City Codes and Ordinances. C. No protected tree shall have more than 30 percent of its foliage removed. D. No protected tree shall be topped, hat racked or lion-tailed. Any protected tree that has been improperly pruned will not be recognized as a tree left on the project in a healthy growing condition, and will require replacement consistent with the current City Codes and Ordinances. E. Tree Trunks and limbs shall be protected. The use of tree spikes or other devices that damage trunk and bark tissue on protected trees shall be prohibited. Any protected tree that has been damaged in such a manner will not be recognized as a tree left on the project in a healthy growing condition, and will require replacement consistent with the current City Codes and Ordinances. 63 PROJECT WEB PAGES 63.1 WEB PAGES DESIGN If requested by the City, Engineer shall design the Project Web Site in accordance with the current City Web Site standards and styles. Project Web Site should include general project information as: Project Name & Number, Scope description, Location, Schedule, and Project Contacts. Note: Occasionally City modifies the general design of the City's Web Site, and the Engineer shall consult the City Webmaster for the current requirements, before designing or updating the Project Web Pages. 63.2 WEB ACCESSIBILITY GUIDELINES Project Web Pages should conform to the W3C Web Accessibility Guidelines and US Section 508 guidelines whenever possible: http://www.w3.or?z/TR/1999/WAI-WEBCONTENT-19990505/ http://www. section508. ?zov/ In particular, use of variable-width tables, user-adjustable/relative font sizes, ALT text for images, CSS whenever possible, etc. Accessibility should be a priority over design/aesthetics. 63.3 THE SUN AND WAVES LOGO AND ITS USE The City's Sun and Waves logo should be used for everyday business, on all print and electronic material. It should be used on all internal correspondence, brochures, advertising, vehicles, apparel and signage. It should be used only in the manner presented here, in the proportion shown here, with no alterations. It should not be condensed, lengthened, or otherwise distorted to fit a space. The logo is approved for use by city departments, and is not to be used by outside vendors without the permission of the City Manager, Assistant City Manager or Public Communications office. Electronic versions of the logo should be obtained from the Public Communications. This is for internal use only. SectionlV.doc Page 127 of 127 JP61r?2Wf14 Attachment number 3 Page 153 of 153 Section IV - Technical Specifications 63.4 MAPS AND GRAPHICS Use of maps and graphics is recommended to illustrate the project; only approved graphics should be posted to the Project Web Pages. 63.5 INTERACTIVE FORMS The site should also include an interactive form or other options to allow Public's input sent back to the City regarding the Project. 63.6 POSTING The site should be presented to the City's Webmaster for review and posting to the City's Web Server. Posting of the Project Web Pages to a different than City's Web server, if approved, should be coordinated with the City's Webmaster for resolving all accessibility and conformity issues. 63.7 WEB PAGES UPDATES Unless otherwise specified and agreed Engineer is responsible for keeping the posted Web Pages up-to-date, by sending revisions and updates through the City Project Manager to the City's Webmaster for posting. SectionlV.doc Page 128 of 127 JP61r?2Wf14 Clearwater Gas System Natural Gas Vehicle Cost Analysis Attachment number 4 Pagj1/A 2010 %oWO JIQUVI I t-VJI/I W- $ 1,850,000 Station cost $ 99,900 Design $ 105,000 Airpark $ 1,026,422 Equipment $ (450,000) 50% matching grant $ 619,341 Design/Construct $ 1,400,663 CGS capital cost 45 garbage trucks 30 light-duty 680,940 therms per year Gas rate Revenue $ 0.28 per therm NFE $ 190,663 $ 0.30 Capital recovery $ 204,282 $ 0.20 O&M recovery $ 136,188 $ 0.80 fuel cost $ 544,752 $ 1.58 total per therm $ 1,075,885 $ 0.183 Federal tax (per q allon e quivalent) $ 1.76 per therm (NG rate before credits) $ (0.50) Excise tax credit $ 1.64 per gasoline gallon $ 1.86 per diesel gallon Station payback (years) 6.9 Capital Recovery 3.5 NFE + Cap Recove Greater than LIM per gallon savings bona waste/meet K $ 31,200 diesel fuel cost $ 40,000 New truck purchase Garbage $ 25,303 NG fuel cost $ 80,000 truck conversion truck (annual $ 5,897 Savings $ (32,000) Grant reduction savings) $ 5,741 Tax credit savings 0.7 yr payback (new) $ 11,638 Total fuel savings 4.1 yr payback (convert) $ 2,800 gasoline fuel cost Light-duty $ 2,063 NG fuel cost truck (annual $ 737 Savings savings) $ 468 Tax credit savings $ 1,205 Total fuel savings $ 8,500 vehicle conversion $ (4,000) Grant reduction 3.7 yr payback GI ICI Uy I CIICJ Natural gas: $ 1.76 per therm 100,000 BTU per therm Diesel: $ 3.00 per gal 138,000 BTU per gal Gasoline: $ 2.80 per gal 117,000 BTU per gal Tax credit $ 0.40 per therm $ 0.50 per equivalent gal Garbage truck usage 40 gal per day (diesel) 260 days per year operate 55.2 therms per day (NG) 14,352 therms per year Light-duty truck usage 5 gal per day (gasoline) 200 days per year operate 5.9 therms per day (NG) 1,170 therms per ear Item # 14 Attachment number 5 Page 1 of 1 Compressed Natural Gas Filling Station Layout ,....,..""? 1 41€ TO €%IST NO F€NEE TIE TO E%ISTINGFENOE--\ ITYF wy - _ -.- _ _ _ l ? r 1 __?-_-?- __ -® ? \ ?••• 1 atl bark of aNCUalk k?`sl f_,1 1 ?: - ??NOOIF15m 111 -- NAIN INK PENCE i1III ,`jr I " I'eLLEY GUT1lEA TNNEE STF4MOS ?I ` - A .I x. I hn PCN-NO.1315 4 , , ? (SEE OEYAIL SHf.L f) OF EARBEQ WIRE I ~-C '. C. SPILY.WAY - 1 k .IRRPP ITYPi .? I PROJECT uMIT3 III p '1f W (UBFd AG Mpt} ? YP ?° - ASPNALT - I ) I ? # ?? ? I INQE%NO. S,TCH) I ?..I ?I ? FYPE°F° II N N.CU€R@19P1LL ? P `•.. 1 J dK N09W? I" .rY.,? a I. M5i _. T. I 1 , cONA4-,OR S He6Prnv}?519N L II TO NS N TION OF STOPS I I ? => RAN5hi15510N INS TI I f :OMPOt1NQ ELEVATION 3980' 10 LF GPI ' G-wl PE'.-RIAN INTERSECTf- VISI@ILITV WANGLE. PER .iP .SING) PINFAS COUN}}'Y9E<YAY - ?? eENCE w? sTnNOAaosfso rr3 mhr9 ?. ? I r r. - iP. NG) NlE WW.T?G I "l dO1S v ?1' ?'': ITV iCLr.lr I VEHIOl1LAR NTERSECTION I S9LRV TR ANOLP F CR ?; I - ?' _ I, '• - ' ?PIONMEPLAS COQ6'AkQAk R115iflP SIGN r^---'. ? -? - - .. - . -. - - - - ? .. 34'WM STOP RARo R25' R2+a . NSAR IFEAN.FR 950RAREAJ? ., 51A5I1IZEO GRP.55J -- - cOMPaE CE DRIVE wE A SER4ICE;EE - Item # 14 Location: 1010 N Hercules Ave, Clearwater Fueling rate: 5 gge per minute (gasoline gallons equivalent) Fuel savings: Over $1.00 per gallon ?- Meeting Date: 12/16/20 10 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a contract (purchase order) with Extensys, Inc., Palm Harbor, Florida, in the amount of $219,800 for the acquisition of Storage Area Network (SAN), in accordance with Sec. 2.561 (10 (d), Code of Ordinances - Florida State Contract; authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) SUMMARY: The increase in automated systems within business operations, growth of imaging tools for document retention, and redundancy of system data for disaster preparedness has led to significant growth in data storage requirements for City operations. Citywide data storage requirements have grown from 4 terabytes in 2005 to over 20 terabytes in 2010. The storage array that is being replaced was purchased in 2002 and has reached end-of-life in support and maintenance. The new Storage Area Network (SAN) device will provide over 40 Terabytes of additional storage. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: 219,800 For Fiscal Year: 2011 to 2011 Budget Adjustment: None Annual Operating Cost: Total Cost: 230,800 Appropriation Code Amount Appropriation Comment 316-94814 219,800 Existing CIP Review 1) Office of Management and Budget 2) Purchasing 3) Legal 4) Clerk 5) Assistant City Manager 6) City Approval: Manager 7) Clerk Cover Memo Item # 15 Attachment number 1 Page 1 of 2 City of Clearwater Dan Mayer 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4662 Fax: Quote jr,xten S 253 Pine Ave. N, Bicig B Oldsmar, FL 34677 Office: 813-855-3909 Fax: 813-855-3922 Date: Nov 30, 2010 Quote #: EX-FQ2896-05 Team: Chris Jordan - 813.855.3909 x116 Roland Feijoo - 813.855.3909 x102 Compellent Solution Qty Part Number Description Unit Price Ext. Price Compellent Storage Center 1 QS30-BASE-DUAL- QuickStart SBOD Dual Controller Configuration $16,650.00 $16,650.00 SFC QS30-BASE-SFC3 QuickStart SBOD Bundle Storage Controller, 3U SC, Assy, Write Cache Express(CHA2) w/ Z-Track SC, Flash Adapter Tray Compellent Enclosure, SBOD, FC, 4Gb, 16 bay IO, FC, 4Gb, 4 port, Std Profile, PCI-E (2) Enclosure SFP (2) Optical Cable, LC/LC, 1 meter, Orange QS30-BASE-SFC2- Quickstart SBOD Bundle Software SW SW, Dynamic Capacity Base License SW, Data Instant Replay Base License SW, Storage Center Core Base License SW, Enterprise Manager Foundation License, Unlimited SW, Enterprise Manager Reporter License, Unlimited QS30-DUAL-UPR2 QuickStart 4Gb Clustered Controller Upgrade Storage Controller, 3U SC, Assy, Write Cache Express(CHA2) w/ Z-Track SC, Flash Adapter Tray IO, FC, 4Gb, 4 port, Std Profile, PCI-E (2) Enclosure SFP (2) Optical Cable, LC/LC, 1 meter, Orange QS30-DUAL-UPR- QuickStart Clustered Controller Software SW SW, Dynamic Controllers Base License PA-ENCL-EXP (2) Enclosure Upgrade Connectivity Kit (8) Enclosure SFP (8) Optical Cable, LC/LC, 1 meter, Orange Hardware and Drives (115 Est. --10TB 15k and --24TB SATA) 24 DS-F4-600X15K7 600GB, FC, 4Gb, 15K7 RPM HDD $2,264.00 $54,336.00 16 DS-S2000X7K2-H 2.0 TB SATA ULTRASTAR 7K RPM HDD $1,530.00 $24,480.00 1 EN-SA2X16 Compellent Enclosure, SATA, 2Gb, 16 bay $5,860.00 $5,860.00 1 EN-SB4X16 Compellent Enclosure, SBOD, FC, 4Gb, 16 bay $6,109.00 $6,109.00 2 lO-F4X4S-E IO, FC, 4Gb, 4 port, Std Profile, PCI-E $3,650.00 $7,300.00 2 lO-llX2S-X $1,475.00 $2,950.00 This quote is Proprietary of ExtenSys, Inc. and shall not be shared outside the party for which the quote was prepared without prior permission. EXTQ289k&-n #PJ5 1 of 2 Attachment number 1 Page 2 of 2 Qty Part Number Description Unit Price Ext. Price IO, iSCSI, 1Gb, 2 port, Std Profile, PCI-X SAN Switches 2 FS-C9124-16P Cisco MDS 9124 Bundle, 16 Active Ports $5,294.00 $10,588.00 2 FS-C9124-E Cisco MDS 9124 Expansion Bundle $2,376.00 $4,752.00 Software 1 SW-DAPR-BASE SW, Data Progression Base License $7,500.00 $7,500.00 3 SW-DAPR-EXP SW, Data Progression Expansion License $3,000.00 $9,000.00 3 SW-DCNT-EXP SW, Dynamic Controllers Expansion License $0.00 $0.00 3 SW-DIRP-EXP SW, Data Instant Replay Expansion License $1,500.00 $4,500.00 3 SW-DYNC-EXP SW, Dynamic Capacity Expansion License $1,500.00 $4,500.00 1 SW-FAST-BASE SW, FastTrack Base License $3,125.00 $3,125.00 3 SW-FAST-EXP SW, FastTrack Expansion License $1,500.00 $4,500.00 1 SW-RIRA-BASE SW, Remote Instant Replay (Async & Sync) Base License $11,250.00 $11,250.00 3 SW-RIRA-EXP SW, Remote Instant Replay (Async & Sync) Exp License $3,000.00 $9,000.00 4 SW-RMSV-MS SW, Replay Manager for Mic9900rosoft Servers $2,250.00 $9,000.00 3 SW-SCOS-EXP SW, Storage Center Core Expansion License $1,500.00 $4,500.00 1 SW-VIRP-BASE SW, Virtual Ports Base License $0.00 $0.00 3 SW-VIRP-EXP SW, Virtual Ports Expansion License $0.00 $0.00 Installation and Support 1 Solution includes Shipping, Installation, and 3 Years 24x7 $0.00 $0.00 HW and SW Support Su bTotal $199,900.00 Less Additional Year End Savings -$10,000.00 1 Total $189,900.0 0 NOTES: 1. Pricing is exclusive of Freight charges and Taxes. 2. Prices reflect standard manufacturers warranty unless otherwise noted. 3. All equipment orders require a Purchase Order. A Purchase Order constitutes acceptance of these terms. 4. All trade in prices are subject to verification and approval by the manufacturer. 5. Services require a signed statement of work. Pricing includes pre-sales design consulting services. 6. Prices are valid for 5 days from the quote date and are subject to the manufacturer's special pricing not changing. 7. Product specs, performance or suitability are per manufacturer's published literature only. No RMA's beyond warranty. 8. Overdue invoice's are subject to $100 late fee and 1.5% interest charged on the outstanding balance. An additional 1.5% will be added to the outstanding balance on the first of each month past due. Invoices that are 90 days past due are subject to collection fees, late fees, and interest. 9. Extensys, Inc. Invoices on products shipped. The manufacturer and/or distributor may ship partial orders, in these situations customers will receive partial shipments and agree to pay partial invoices. We recommend partial orders not be opened until you have your entire order and have verified the part numbers and quantities, opened products can not be returned. In any case products can only be returned if the manufacturer or supplier provides Extensys, Inc. an RMA. In the unlikely event that equipment is DOA, replacement product will be shipped these items are managed as warranty issues so they are not refunded they are replaced. Contact us immediately if you receive incorrect parts or quantities. 10.Payment terms unless otherwise noted are Net15. This quote is Proprietary of ExtenSys, Inc. and shall not be shared outside the party for which the quote was prepared without prior permission. EXTQ289k&-n #P15 2 of 2 Attachment number 2 Page 1 of 1 City of Clearwater Dan Mayer 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4662 Fax: Quote S jr,xten 253 Pine Ave. N, Bicig B Oldsmar, FL 34677 Office: 813-855-3909 Fax: 813-855-3922 Date: Nov 30, 2010 Quote #: EX-FQ2897-05 Team: Chris Jordan - 813.855.3909 x116 Roland Feijoo - 813.855.3909 x102 Compellent DR Addon Disk Qty Part Number Description Unit Price Ext. Price Compellent Storage Center 1 EN-SATA-UPG Enclosure, SATA, 2Gb, 16-bay, Upgrade $6,100.00 $6,100.00 4 4 16 DS-S1000X7K 1 SW-DAPR-BASE 2 SW-DAPR-EXP 2 SW-DIRP-EXP 2 SW-DYNC-EXP 2 SW-RIRA-EXP 2 SW-SCOS-EXP Compellent Enclosure, SATA, 2Gb, 16 bay Enclosure SFP Optical Cable, LC/LC, 1 meter, Orange 1.0 TB SATA 3Gb 7K HDD $700.00 $11,200.00 SW, Data Progression Base License $3,500.00 $3,500.00 SW, Data Progression Expansion License $1,000.00 $2,000.00 SW, Data Instant Replay Expansion License $750.00 $1,500.00 SW, Dynamic Capacity Expansion License $750.00 $1,500.00 SW, Remote Instant Replay (Async & Sync) Exp License $1,800.00 $3,600.00 SW, Storage Center Core Expansion License $750.00 $1,500.00 Installation and Support Solution includes Shipping, Installation, and Co-terminus $0.00 $0.00 Support (9/01/2011) 24x7 HW and SW Support SubTotal $30,900.00 Less Additional Year End Savings -$1,000.00 Total $29,900.0 0 NOTES: 1. Pricing is exclusive of Freight charges and Taxes. 2. Prices reflect standard manufacturers warranty unless otherwise noted. 3. All equipment orders require a Purchase Order. A Purchase Order constitutes acceptance of these terms. 4. All trade in prices are subject to verification and approval by the manufacturer. 5. Services require a signed statement of work. Pricing includes pre-sales design consulting services. 6. Prices are valid for 5 days from the quote date and are subject to the manufacturer's special pricing not changing. 7. Product specs, performance or suitability are per manufacturer's published literature only. No RMA's beyond warranty. 8. Overdue invoice's are subject to $100 late fee and 1.5% interest charged on the outstanding balance. An additional 1.5% will be added to the outstanding balance on the first of each month past due. Invoices that are 90 days past due are subject to collection fees, late fees, and interest. 9. Extensys, Inc. Invoices on products shipped. The manufacturer and/or distributor may ship partial orders, in these situations customers will receive partial shipments and agree to pay partial invoices. We recommend partial orders not be opened until you have your entire order and have verified the part numbers and quantities, opened products can not be returned. In any case products can only be returned if the manufacturer or supplier provides Extensys, Inc. an RMA. In the unlikely event that equipment is DOA, replacement product will be shipped these items are managed as warranty issues so they are not refunded they are replaced. Contact us immediately if you receive incorrect parts or quantities. 10.Payment terms unless otherwise noted are Net15. This quote is Proprietary of ExtenSys, Inc. and shall not be shared outside the party for which the quote was prepared without prior permission. EXTQ289R4&71 #PJ5 1 of 1 ?- Meeting Date: 12/16/20 10 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Ratify and confirm award of an emergency contract to R.E. Purcell Construction Co., Inc. of Largo, Florida for emergency runway repairs at the Clearwater Airpark for the total price of $123,819. (consent) SUMMARY: Due to the continued settling of the runway, staff is bringing this forward as an emergency. R.E. Purcell Construction Company submitted a lower written quote than Suncoast Paving or Ajax Paving Industries of Florida. Council adopted Resolution 10-16 on June 17, 2010 authorizing the execution of a Joint Participation Agreement with the Florida Department of Transportation (FDOT) to provide funding for the overlay, marking and repair of runways at the Clearwater Airpark. FDOT will provide 80% or $100,000 reimbursable funding and the city will provide 20% or $25,000. A CIP 315-94863 was created at that time to cover the $125,000 cost. Type: Other Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: $123,819.00 Annual Operating Cost: Not to Exceed: 123,819.00 Total Cost: 123,819.00 For Fiscal Year: 2010 to 2011 Appropriation Code Amount Appropriation Comment 0315-94863-563500-542-000- 123,819.00 0000 Review Approval: 1) Office of Management and Budget 2) Clerk 3) Assistant City Manager 4) City Manager 5) Clerk Cover Memo Item # 16 Attachment number 1 Page 1 of 3 1- 2010 1550 STARKEY ROAD d LAS I RIDA ?J771 (727) 584-3329 FASO (727 "A: T- rA Lovez, Com I. anager° ater Letter No. 957 _ 051 47 . UW;L1 rriua 337 ", 1 Pages RE: C ar wa ter ' Options / -' `°)r Pavement Replacement ur Mr. Lopez: equest, , F Per your : : :r is p. rl . ;d to provi i.e a proposal to -Ip,lette t1 ?': W0,11- [ r "Clearwater Air j t 7'e II t i ;cefpt o fj''. I. Age It I?.l.. ?.l ?s • 1?3.VC.1. 4J phlld upon ot- experience, w( h V •' for your N _ frfficance of key )m. yp ?..; .' iol to the of .' w i r ? I rrtrrizinl 1 f its 0: t' IS ar ; c jr I b i I . closure i, . r air we curre'I t? have, v :1 p ' frs that used. I) r_ e'ment is an Sal with no si a [t ?f, ed to a standard I ign. 2) On I ; i 2 e , assufr ,<w d depth s7,' it, Irs 'Or full-depth e -x1 ,1114 J ,h, Eaeast. - v .d verify I j 3) 1 City (if refit d) u nderstand n ; `ssue that is the root cause.' of tll:: ,i 1? I i ! allures. For cis- ug base course and r rg it. Doing so ',f iI,N T-OucethebearL._r.-,'?. I r.v , % .sr' r s fixing for the pro Iss is variable rc , wiil,I ?)rd to acceptant ' `F iT f l -, - ? ?_. Jar / 2" 7'k TL I;d concrete base cours _ r c ' crl ?S r Ion a shown (;Trent sections would be 1 r _iu. 1 Base Course b) 2" 61 a least from ;I cost perspective b antly affects airport rur w<;v clc, ;iI i t, to complete ( f )rc . provide closure / MOT). ' ?, , is tS Ir,?N ? rafaeret?; ; uses l r a. ro, rterial, Labor, arid' I ipment for t -con r _, i o 1 . the 1' .. parr as described above. Please seethe followI ig pages for- rl", p' oposal i. Total Extended Cosi' = $123,81R00 ® p L&LT BASE / " 21,S11 32 f m Ifra'T ~f tfi- p" of srabi I I/: r wrr nr°: t' This ¢ fl a k;" c `ushed com: T -.id W ) 6=5° CI 1 1,12" -1 Asphalt. , rr s I IIr Middle f a Page I of 2 Item # 16 Attachment number 1 Page 2 of 3 dnr- 1-"- t operations by n-,,,airin a 3 day runway closer to i 1;., :. -- `te to complete. ? sew/2"A . b ial, Labor, and quit i , nt for the construction he ri ar:? as described above. Please see the followir ~ 'r proposal i. Total vended Cost= S166,607. 0 t w BULL T- .- LTBASE ASPHALTMGHT T CLOSURE 1 ° urnes 2.' ' c .1 i lieu of the 9" of stabilization as shown on the pl cis. This a r eu of the " :°ushed concrete. The resalt?°i t 5., ph,ili R ,, Com .c 1,) 2" S-1 Asphalt. 'T'hi:„;h? )[i i most °+I)grtoperpti--q bycorrr`?_irr Ili., r-. during D n - ,i`l ,11 tPQ iiI f"1. 1f1':?ll i(Y'd [I),. ri 1 7ith. I d vu. x-, ;t,;. 1011U , Ll Tl I_;'r l p: )x l i. Total Extended Cost= $275,258.00 We wor" ° -I d relevant parties to discuss the logistics of the work and any 1 )p y N w e arsoe. ;, ld you have any questions or of 1 rd' g the abov p i intact rose at your iience to discuss.. Page 2 of 2 Item # 16 Attachment number 1 Page 3 of 3 wa PV LL L DNSTRUCTION CO,, INC r0 --TAF . DL O, PL °"71..3116 Phone: (72 v s0 Pax: (727) tit - 61 m_h 3 0 i an t \sphalt 040 Remove Asphalt 000 Grading 060 0° Stabilization 070 6" Crushed Concrete Base 080 2" Asphalt Pr )!J- CLEARWA-E® AIRP'ARK Desc.JI iir;i. CLEARWATER AIRPARK RUNWAY 16134E; 1- ' C' -ry U/ 1.000 L. 761.000 LP 3,626.000 SY 1.000 L 3,628.000 SY 3,528.000 SY 3,528.000 SY L 7,3L x.00 1.66 4.00 6,400.00 8.50 9.60 9.00 r,- _I „ D: P.E. PURCELL CONSTRUCTION CO., INC. AMOUNT $7,300.00 $761.00 $14,112.00 $6,400.00 $29,988.00 33 616.00 $31,752,00 y` Item # 16 City Council Agenda Council Chambers - City Hall Meeting Date: 12/16/20 10 SUBJECT / RECOMMENDATION: Approve a blanket purchase order to Earth Designs, of Clearwater, Florida, in the amount of $209,892 for landscape maintenance throughout the City during the contract period January 1, 2011 through December 31, 2011, which is the lowest responsible bid in accordance with plans and specifications, and authorize the appropriate officials to execute same. (consent) SUMMARY: On December 17, 2009, the City Council approved extending several blanket purchase orders for landscape maintenance contracts to cover the period of January 1, 2010 through December 31, 2010 so that all maintenance service areas of the city could be bid out at the same time each year for all areas. Bids were solicited for the period of January 1, 2011 through December 31, 2011 with 9 bids solicited; 3 bids and 1 no bid were received on November 19, 2010. The lowest and most responsible bidder for 5 of the 6 areas was Earth Designs for a total cost of $209,892. The sixth area will be awarded to Buccaneer Landscape of Pinellas Park for $38,014. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $209,892 $209,892 2010 to 2011 Budget Adjustment: No Annual Operating Cost: -0- Total Cost: $209,892 Appropriation Code Amount Appropriation Comment 010-01867 $209,892 BlanketP.O. Bid Required?: Yes Other Bid / Contract: Review Approval: 1) City Manager 2) Clerk Bid Number: 03-11 Bid Exceptions: None Cover Memo Item # 17 Attachment number 1 Page 1 of 3 w d Q p H O O O O O O O O O O O O p U W' Co O O LO N O LO N N O LO N O LO N O LO (o N O LO 00 N (, N N O N ? N ? N O N M O N W p Z M (o LO LO (o M z Q Y J 0 b9 Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl Efl O w a w w M J Q U W U o M Z a C\j 0 O O O O O O O O O O O O p ° 0 M O O O O O O O O O O O o o Df O 66 66 66 N O O O O O Q N O Co U LO N LO N LO N N N LO N N N w Z O J ao O - o -1 Q 00 00 LO C\j M cr? z C\j LL H Id- Id- Id- M z 00 N 0 O O C) W b9 b9 b9 b9 b9 b9 b9 b9 b9 b9 b9 b9 = Q ? < w w W H J W U a U) E 0 U C) C) C) C) C) C) C) C) C) C) C) C) p W C0 Z Co O O O O O O O O O O O C) O_ O U ao ao N o ao N o ao N o ao _ N o ao N o Co N M Co 0 M ? ? ? cl O W H J Q I,- Co C rl- a) a) Q Z w ? a) C o I, - Co LO W a) 0 O 0 > D LL ?? ?? Q91 Q91 Q91 61, 61,61, Q E Q a U ? < ~ O M a)r U M .2 .2 w CO U) a Z M U) M U) CO H CO ? C() H C() z w W W of - a-0 of - -0 of - a-0 °o O z w Q Q 0 Q O Q a D Q 0 Q . Z a Q d 0 W a 0 a o 0 o w o w o - ° W a= w a= 0 = a M z ?M a M Co o p (Wig W W aN U) W Q VY Y in Y w Y OY w Y pp0pZ a tai Co p CO w ° Q ° w ° ° z w 0O > a 3 w Z- O p z O O z OO ? O O O O O O Q C) Z ?Uww J U w W J D~ J U U U U Z U CI U M U W ow < p p J W J 0 0 0 0 0 0 W' M M m m LL W M M J M J M J M J M J M J H M Q d p p p O O m z Z C) A a Item O O H 2 H o o o 1 w Ummm Attachment number 1 Page 2 of 3 Item # 17 Attachment number 1 Page 3 of 3 Item # 17 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 12/16/20 10 Approve the purchase of turf maintenance equipment and clubhouse equipment from Clearwater Country Club Management, Inc. (CCCM) for $159,450; funded with a $50,000 credit from CCCM and $109,450 from unappropriated retained earnings of the General Fund. (consent) SUMMARY: On November 22, 2010, the City Council approved termination of lease agreement between CCCM and approved a new interim agreement with Clearwater Golf Club, LLC (CGC) to operate the City golf course known as the Clearwater Country Club. As part of the termination, CCCM agreed that the City had first lien on the personal property owned by the club so that the City could continue ongoing operations at the course. The City and CCCM agreed to hire an independent professional appraiser to place a monetary value on all personal property owned by CCCM so that the City could purchase those items needed to continue a smooth transition to new management. On September 29, 2010, Mr. Carl Chrappa, A.S.A., M.R.I.C.S., I.F.A. completed his appraisal of all personal property owned by CCCM. The City and current operator CGC evaluated the list of items and determined that there is a need to purchase a total of $159,450 of turf maintenance equipment and clubhouse equipment. Staff is recommending the purchase to be funded with a $50,000 credit from CCCM and $109,450 from unappropriated retained earnings of the General Fund. A list of the inventory to be purchased by the City is available for review. Type: Operating Expenditure Current Year Budget?: No Budget Adjustment: Yes Budget Adjustment Comments: Need additional funds from General Fund to purchase items. Current Year Cost: $109,450 Annual Operating Cost: -0- Not to Exceed: $109,450 Total Cost: $109,450 For Fiscal Year: 2010 to 2011 Appropriation Code Amount Appropriation Comment 010-01860 $109,450 Need funds put into this account. Bid Required?: No Bid Number: Cover Memo Other Bid / Contract: Bid Exceptions: None Item # 18 Review 1) Office of Management and Budget 2) Legal 3) Clerk 4) Purchasing 5) Clerk 6) Assistant City Manager 7) City Approval: Manager 8) Clerk L Attachment number 1 Page 1 of 11 "t, 5C e) PT. 29, 201 lE C N, TGAG v CLEAR"YVATER COUNTRY CLUB Descrption Cond. Photo F111"' Club Flouse Restaurant Equipment, Furniture. Fixtures, and Related qui ment ins; . (1) Dining Room Area wI A 1 $12,965 (29`? Tables, square. 36" x 36'", single pedestal (13) T?ihles, round, 48", single pedestal (4) Tables, round, 72", single pedestal (10) Tables. folding, 42" (10) Tables, folding, 00" vv! (4) folding legs (10) Tales, folding, 60"L (351) Dining Rocwi Chairs, upholstered, (4) leg 3 (6) Chairs. ?P ood arras, upholstered, portable 4 (6) Room Dividers, 30" x 72"H, "woven' wood wl planter (4) Roam Dividers (planters), 78" x 48"H; paneled w/ silk plants Miscellaneous unlisted equipment, wall decorations, pictures, etc.. (1) Lot of (8) Food Warmer/Servers 16" x 24" (Bunsen burner) 2 (1) Wurlitzer - Upright Piano, 35"VV 5 (1) Table Dolly 8' (1) Portable Dance Flexor, wI (150) panels each 3' x 3" 6 [approx. (85) panels stored outside] (1) Sanitaire - Vacuum Cleaner (1) Folding Wheel Chair (4) Sign Display" Easels (2) Podiums, melamine, 22` x 15" x 45"H (1) Dar & Grille Area wl A $7,090 (13) Tables, square„ 36°" x 36", single pedestal, wood pattern 7 (2) Tables, rectangular, 36" x 72", single pedestal 7 (44) Chairs, wood arms, upholstered, raid back, portable 7 (1) Lot of (1) Bar Stools, low back, upholstered, (4) legs, wood 8 (1) Bar Area w1 (1) Manitowoc - Ice Maker, model Q270, OAD: 36" x 36" x 30" 9 (2) Prep sinks, stainless steel, wl bin area and dip strip, (4) leg (1) Underbar Refs ic0erator plastic firish, 20" x 20" x 32" (1) Underbar Sink, 3 bowl, OAD: 72" x 20", SS, single faucet (1) True - Cooler 1 Beverage Chest (Beer), OAD: 65" x 32" x 30"H (fair) (1) Magic Chef - t nderbar Refrigerator, OAD: 20" x 20" x 32", S finish (1) Beer Tap wl (4) taps w1 hose line (to walk-in/kegs) 10 (1) POS wl Epson printer, keyboard, 14" flat screen monitor, and Dell - PC model Optiplex 740 (1) Thermo - Kool - Walk-in Cooler, CAD. 6'W x 9'D x TH, ono floor), wf overhead chiller unit wl (2 Bohn - fans - --- --------- ---------- ----------- -- ---- - --- -------- --------- 11 ------------- --------- Wage I of 11 Item # 18 Attachment number 1 Page 2 of 11 SEPT. 29, 2010 1 CCs AEc, r L II SPECTi 1 i'1 Z, A4 I-'I aid:.I L CLEARIJVATEEIR COUNTRY CLUB Description ? Cond. Photo i i'VlV (3) Racks, erector steel, w1 fiber board shelves,. OADi 36" Il x 20"D x 6°H, 5 shelves (2) Televisions, overhead color, 19" CRT (1) Television, overhead color, 42" flat screen (1) Television., overhead, color, 24" CRT (1) CamLlsel type hat dcg cooker, OAD. 20" x 18' x 24" 12 (1) Soup Cooker, (2) pot, OAD, 22" x 14" x 10", stainless steel (1) Hot Plate for Coffee (2) Tables, square, 36' x 36", single pedestal (1) POS wl Epson printer, keyboard,. 14" flat screen monitor, and Dell - "Celeron PC" (1) Cart, 3 shelves, stains ess steel; 28" x 18" Miscellaneous wall decorations, ornaments, and crabs, etc. (1) Pro Shop wf A 1,115 (1) Display Case, glass, OAD: 48" x 24" x 36" 1 (2) Chairs, mid back, upholstered, wood arras, wf casters : Miscellaneous wall mounted clothing racks and ball racks (1) Lot of approximately 4,000 range balls (stored in dart barn and pro shop) (1) POS w/ Epson printer, (1) Omni - Credit Card processor; 15 model Omni 3260 "Retail", and (1) 14" flat screen monitor (1) Kodak - Copier, table top type Miscellaneous chairs, vacuum cleaner, dolly (3) Storage racks, 33" x 20" x 72"H 14 (1) Storage rack, 48" x 24" x 72"H (1) Television, overhead, color, 19" CRT (1) Kitchen Area wf A $5,675 (1) Sink, hand type, 17" x 15" 16 (1) Table, SS, wl cabinet below, 24" x 60" x 34"H 16 (1) Hamilton Beach - fixer, 3 spindle (worn) 16 (1) Manitowoc - Ice Machine, OAD: 30" x 24" x 21" wf ice chest 17 32" x 34" x 50," (1) 'late caddy, 2 stack, SS, Oad. 18" x 34" x 32" 17 (1) Work Table, SS, 29" x 666.9 wJ (1) shelf below, (1) dra?,ver, and 18 (1) dash caddy (1) Can Opener, manual type (worn) 18 (1) Work Table, SS, 30" x 60" wI shelf below 18 (1) Sink, 2 bowl, OAD: 52' x 26", SS, &l igle faucet 18 Nllsccllaneous cookware and trays 18 (1) Mork Table, SS, 36" x 05" w/ shelf below 19 (1) Work Table, SS, 24" x 60" w/ shelf below 19 ..... (1 . AP -; Conveyor Toaster, OAD: 15" x 14" x 13" . ................. ....... 19 ..=ua .............. Page 2 of 11 Item # 18 Attachment number 1 Page 3 of 11 EPT, 29, 2010 IN PECTION & "FBI"AISAL CLEA AT R COU TRY CLUB Description Cord. Photo FN,rt',:/ (1) True - Refrigerator; S, 3 door, CHAD. 86"x 30x 82" on casters (1) Television, overhead, color, 19" CRT (i) Plate Rack, mesh, SS, 48" x 18" x 72", 5 shelf (1) Worf Tah,e., SS 48" x 30" (1) Toa5tmastei - Sun Warmer, model 38284:, 2 level, SS, 19 OAD, 27" x 20" x 24" (3) Cart, 2 shelves stainless steel, 28" x 18" (1) Dishwashing Area w/ A 20 $3,906 (1) Dirty dish table, SS, 33" x 68" w/ overhead shelf, 28 x 68" 20 (1) Dirty dish table, SS, 28" x 53" w/ single bowl sink and 26 pre rinse nozzle (1) Unix - D sh?,vasher, model 5AG, OAD. 29" x 43" x 29" w/ equip. 20 (1) Clean dish table, S, 28" x 9" w/ shelf 21 (1) Sink, 3 bovvi w/ faucet, 55" x 22" Miscellaneous cookware, utensils (Delco), pots, pans, etc. (1) General Kitchen Area wl A $28,375 (1) Cup cart, 22" x 22" wl shelf (1) Ice Cream Freezer Chest, OAD: 24" x 24" x 36", plastic (fair) (1) Sink, hand type, S, 17" x 13„ (1) True - Sandwich Prep Table:, 2 cabinet, OAD: 48" x 8" x 36'" w/ white board (1) Prep table, SS 30" x 58" wl shelf below (1) Buffet, 60"L x 39"D x 34"H wl4 sections (electric) 22 (1) Buffet, 42"L x 36"D x 34"H wl 3 sections (electric) 22 (1) Overhead Heating table shelf, SS, 2 level, 181 23 (1) Tray runner, SS, 141 23 (1) Lot of overhead pot hangers, miscellaneous shelves, etc. 23 (1) Superior - Ice Tea Brewer. single brew, mod. TCT/PTT GT "G3"' (1) Charbroiler, gas fired, CHAD. 48"W x 24" x 12"H wl SS stand 24, 24A (1) SouthLend -'Salamander', bl-level, OAD: 34" x 38°" x 70" 24, 24A 0lz-2 top, plate decorations below) -- Not In Use -- (2) Sout bend - Ranges, 4 burner, OAD: 36" x 32" x 36" wl 25, 25A convection oven below, (1) w/ griddle arrangement (1) Dual Deep Fat Fry Unit, ea. 151/2" x 30" x 36'"H wl 2 baskets 26 and filter (2) Captive - Aire - Hoods, overhead, SS, 48" x 24"H x 16"L 27 l w/ light and A.S. (1) Savory - Conveyor Toaster, 14" x 18" x 13„H (3) Carts, SS, 2 shelf, 18" x 27", damaged (shelves bent) (1) Cres Cor - Warmer; 2 stack. OAD: 28" x 40" x 68" 28 (1) Work Table, SS, 366., x U ,,V/ shelf below IVlixei< St 4 = 5 t- ---- (worn)„ __________________ ___-__..___. _._. ______??_-_-- Page3ofXf Item # 18 Attachment number 1 Page 4 of 11 SEPT. 9, 20110 I E C C(", u,FII?,Ei\11 fk,,L II',1'SG' ECTION & APPRAISAL Description Cond. Photo FMV (1) Work Table, SS, 30" x 48" wl shelf below (bent) (1) Work Table, SS, 36" x 60" wl shelf below (1) Hobart - Grinder, 14" dia. bowl (worn) ? 29 (1) Don - Dial Scale, 32 oz. 29 (1) Berke] - Slicer manual type (small) 29 (1) Lot of approx. (10 ) stored trays and (8) pots 29 (1) Gas Ranee, 4 burner, gas w/ convection oven, 36. 31 CAC : 36" x 32'' x,'36" (worn) (1) Alto Shaar - Ccck:er, stacked, model 1906-TH/l, (good cond.) 36, 31 GAIL: 22' x 68"H x 30"D, sln: 138817-0761, electric, portable (1) Sun Fire (Atlas) - Stacked Cooker, 2 sect., GAIL. 46' x 36" x 64" 36, 31 (1) Hood, overhead, SS, 48" x 24"H x 1O'L wl Iig , A.S. ? (1) Sink, SS; 24" x 24" wl single bowl and faucet 32 (1) True - Refrigerator, SS, single door, OA D: 27"x 30" x 78" 32 (1) True - refrigerator, S, 2 door, OAD: 56"x 30" x 78" 32 (1) Walk-in Freezer, OAD 9' x O- x 7'H, wl floor, light, A.S. and 37 (1) overhead chiller unit w1 (2) Bohn - fans, miscellaneous racks (shelves), S, (2) 4', (1) 3', and (1) 5' (1) t.falk-in Cooler, OAD: 8" x 15'x 7'H, wf overhead chiller unit wl 38 (3) Bohn - fans, miscellaneous racks (shelves), (4) 4" and (2) 5' ea. 4 shelf, incl. side viev??/aass through glass door, 39 CAD: ' x 5' (2) NABGO - ".Gyro" overhead air curtains, 36" 40 liscellaneous equipment including (2) mop buckets, mops, sink, etc. (2) Tray carts, 21" x 27" (1) Storage Roorn wI 40A (2) Storage racks, 5 shelf, QAD: 48" x 24" x 72"H 40A (3) Storage racks. 5 shelf, CHAD: 36" x 18" x 72"H 40A (2) Racks, 4 shelf, shelves 21" x 48", 4 shelf 40A Viscellaneous plates, cups, suacers, etc. (Delco _ Loyal Ceramicor porcelain) (5) Hat servirg trays Miscellaneous pots, pans, dishes, glasses, etc. 40A (1) Board Room wl A 41 $680 (6) Tables, square, 36" x 36" single pedestal 41 (11) Chairs,. mid back, tubular steel 41 (13) Chairs, love back wl arms, tubular steel 41 (1) White Board, 4'x 3' 41 (1) Men's Gard Room wl A. 42 $695 (4) Tables, square, 36" x 36", single pedestal 42 (1) Table, round, 48" 42. (19) Chairs, mid back wl arms, upholstered, casters 42 (1).Television, overhead. color, 28" CRT 42 Page 4 of 11 Item # 18 Attachment number 1 Page 5 of 11 PT. 29, 2010 IEC CF?91'ki IL CL Ea2ATER C0UIJ TR .'," CLUB Description Cond. Photo F (1) Ladies" Lounge Room wl A ( $750 (1) Came Table, glass top, 30"° x 30" wl (4) bamboo chairs 43 (1) Desk, 58" x 21" vv/ (2) woven chairs 43 Miscellaneous Bamboo furniture incl, (6) chairs, 2 wl arms 43 (1) Couch, upholstered, 42" w/ 2 cushions 43 l (1) Couch, upholstered, 64" wl 3 cushions 4 (2) End Tables each wl lamp 43 Nliscel aneous Furriture, Bulletin Board etc, (1) Desk,, melamine, 60" 44 (1) Desk, melamine, 54" 44 (1) Credenza, 2 dray°ier, 30" 44 (1) Task Chair, no arms 44 (1) Task Chair wl arms 44 (1) HaHw y Furniture incl. A $320 (1) JERO - Ice Chest, SS, 26" x 20" x 32" 45 (6) Deck Chairs, woven wJ cushions 46 (2) Deck Chairs, mid back, 2 arm, wood, on casters (worn) 46 (1) Table, "'woven", 18" x 54" 6 (2) ..amps, "Palm" design 4 (2) Folding, tables, 2x 6' 46 (1) Main Office wJ A $4,200 (1) Desk, melamine, 30" x 60" (1) He Cabinet, vertical, letter,. 4 drawer, 15" deep (1) 111E11-111 C - Safe, OAD: 25" x 21" x 41" 47 (3) Task Chair wl adjustable arms, mid back (1) Ricoh _ Copier, model AFICIO 2035 SIP 53 (1) Folding Table, 2' x 6` (1) Desk, L-Shape, (2) 26" x 48" and (1) 24'" x 24", melamine 50 (1) Armored File Cabinet. letter, 4 drawer, venccal 20" x 30" x 54" (1) Dell - PC model Dimension 3000 (XP) vii flat screen monitor, 16" (1) Dell - Server, model PowerEdge 700, l VDT, 15" and equip. 52 (1) Manager's Office wl 48 (1) Desk, melarnine, 58" x 30" 48 (1) Desk, 0'' x 24"D 48 (1) Dell - PC "Pentium D' (for XP) wl VDT 16'" 48 (1) Cask Chair wl adjustable arms, inid back 48 (2) Guest Chairs, love Lack, tubular steel 48 (1) Desk, LW Shape, melamine, () 2'x 3', (1) 2' x ', and 49 0 .exch . - 2' x ? ....................a....._,.........__n._.......,., ------- Page 5 of 11 Item # 18 Attachment number 1 Page 6 of 11 PT. 1 2,',-) `L IEC CONJ77110' TI'AL Description Cured,. F'hc 0 F (1) Dell - PC, model Dimension 3000 (XP) w/ flat screen monitor, 15'' (3) Guest Chairs, low back, tubular steel (1) File Gabs net, lateral 36", 2 drawer (1) He Cabinet, lateral 42", 4 drawer (1) Bookcase, 34"W, 4 shelf (1) Chair, mid lack, (2) arm wood/upholstered, casters (1) Foldinct Table Tx 6' SUBTOTAL CLUES HOUSE $''5, ?r Goal Course Turf i'',Aalrjbanance BgaIp3" ' [I and" Tools Droop Riding Mowers & Atiachmerts (1) Jacobsen - Model Greensking IV -- Triplex Greens Mower: V-Twin; 1073 hrs on meter-, s/n 62287-2084 A (1) Jacobsen - Model Greensking IV -- Triplex Greens Mower. V-Twin; 1868.8 hrs on meter, s/n 62287-2090 A (1) Jacobsen - fftdel Greensking IV -- Triplex Greens Mower: V-Twin; 4531.8 hrs on rneter; s/n 6?'760-2004 A (1) Jacobsen - IVlodel Gmensking IV -- Triplex Greens Mower. V-Twin; 1274.1rrs on iI- s/n 62260-1805 A (1) Torn - Model Greensmaster 3150 -- Triplex Greens Mower: 1552.5 hrs on meter; s/n 04357-230002082 A (1) Toro - Model Greensmaster 3150 -- Triplex Greens Mower: 1572.4 hrs on meter; s/n 04357-230001509 r (1) Tore - Model Reelmaster 6500D -- Fairway Mower: idle for past 1.5 yrs; 2376.8 hrs cn :ureter A (1) Steiner Riding Movver: wl boom mower, idle for past 1.5 yrs; 315.2 hrs 9r meter; s/n 1241 A (2) Toro - Model Reelmaster 3100D -- Trim Mowers: w/ sidewinder (1) w/3018.4 hrs on meter, s/n 03201-220000969; (1) wl4539.4 hrs on meter: s/n 03201-220000958 A (2) Taro - Model Reelmaster 5500D -- Fairway Vovvers: (1) wl 4536,3 hrs on meter, s/n 03303-2000001261; (1) s/n 03803-200000256 i I )I Ili oro - Model ReelmI -- 5-Gang Tow n.iiovver: idle for past 2.5 yrs; stn 334r5-2100C00240} A (1) Toro - Model Reelmaster -- 5-Gang Tow Mower A (1) .Jacobsen 5-Gang Tow Rough Mower: each gang = 30", 11' wide total, used 2 tunes per year. .....a._........w.. _. A B1 B2 B4 B5 B6 B7 B10 B14, 635 B12, B13 L311, B3 B'18 1 i5U $750 $500 $500 $1,000 $1,000 $500 550 $4,000 $4,BOQ $200 $1,000 Pane 6 of 11 Item # 18 Attachment number 1 Page 7 of 11 SEPT. 29, 2019 I7: C yi",,JFID T L INSPECTION &APPRAIS.AL CL ? 1 +7y, I w G : W ITRY CLUB r LoestwCtpttC]n _ Co?)nd. Photo HIJAI' (1) Tara - Model SandPro 3020 -- Bunker Rake: 3WD; 3348.8 hrs on meter; good tires; sln 08885-260000234 [leased] A B23 $3,500 (1) Tare -`yodel SandPro 2000 -- Bunker Rake: 2W D; 4352.9 hrs on meter, sln 98882-2000276 A B24 $750 (1) Set of Spikers: set of (3) reels A B61 $250 (2) John Deere - Verticut -- Sets of Reels: set of (3) reels A B25, 626 $1,200 Tractors: (1) Case - Model 570 LXT Series 2 -- Skip Loader: wl R}PS; 1f2 cubic yard, blaaeless, 65" wide shovel; 1373.6 hrs on meter; w1 custom forks & fft cage attachment; stn JJG0260887 A B27, B28 $10,000 (1) John Deere - Model 2040 _- Tractor: 1735.1 hrs on meter; A B20 $4,000 d --- (1) Jo.-jr. Deere - [Model 2155 -Tractor: .aaks oil & transmission rli,?id, back R tire cracked; 4069.4 hrs on meter; stn XL02155G 99454X F 830, B31 $2,000 (1) Ford - Model 699 _- Tractor: used on a regular basis; s/n 1114 A B32 $1,509 j-dlity Vehicles: (4) Club Car - Model CarryAll II -- Utility Carts: $2,500 (1) no meter, stn EG9525-440495 A 833 (1) no meter, s/n EG89 8-178764 F B34 (1) Club Car- Model CarryAll II ¢ -- Utility Cart:sin 'G9753-640655 A B41 $1,500 (5) Club Car .. model Turf II -- Utility Carts. $7,500 (1) wlcanopy top; s/n RG0133-0492$9 A B37 (1) 2,169.9 hrs on meter; sln RG0339-329977 G B36 (1) 1,881 hrs on meter; s/n RGO133-0 -9285 A B.35 (1) 3,212,8 hrs on meter, stn RG9917-759682 F B42 (1) wf front end damage; 2,456.7 hrs on meter; sln RG991 7-759971 A B38, B39 (1) Isuzu Pick-up Truck: 155,898 miles on odometer; VINI JAACLI 1 L5R7208681 G 645 $1,750 (1) Toyota - Model Tacoma -- Fick-up Truck: 118,286 mil es on B49 odometer; VIA! 5TE L42N24Z403304 G B104 $6,.400 (1) Flat Bed Trailer: 94" x 6' bed wl 5' extension; ,lights work" F B50 $800 (1:) Cushman Truckster: 3-wheeled, w1PTO;s1n: ICUNH2185L003156 A B46, 847 $500 (2) Fuel Tanks; for oil storage -- (1) lightly used; (1) never used VG B21 $1,800 (2) Acme f railer - Model Fze-Gas 390 -- Fuel Tank/Trailers: w/ Tuthill Series 8000 meter and pump, 13 gpm G B51 $4,500 Page 7 of 11 Item # 18 Attachment number 1 Page 8 of 11 SEPT. 29, 201 INSPECTION 8 A FAG 1 1-L. CLEAF %,,71V ATEr-, C OU?i1 l f= Y- CL U AFC CONFOENTI L Description Cond. Phofi,, Sprayers: (1) Custom - r1 c" -l 1Alorkm:!n -- S - ayer- 50 c -` capacity, w/ booms, 3 nn ?I?C ?rP A B16 1 $1,500 I . 1 1 i I 1 y i I u a `.Itl) Sr iyel :.. D-gal capaci`-y; iaie past yrs; 1 hand sprayers, () hose reels w/ gums A, B54 $1507 (2) Hand Sprayers A B5 $250 (1) 25-gal capacity w/ () guns, 1211; (1) 15-gal capacity w/ (2) guns, 1211; (2) Raven - Model SCS 4407 NVM -- Sprayer Control Units A B17, B43 $1,0)00 5 `weeders: (4) LESCO Walk Spreaders: 807# capacity (1) LESCO} Drop/Cyclone Spreader (1) Vicon Spreader: 112 ton capacity; s/n 221190799443 (1) Gandy Spreader: s/n 97785 (1) Custom Riding Spreader; for fertilizer (1) Adams Trailer: for fertilizer, 2.5-ton capacity, desigfied to salt paved Surfar.-q rec-Pr,fly rpngiF-r- s/r 4177'773 s Esser: 3/4 cubic yd ararjt ? 7' hra i-*, :idrh Cllr hPr{ 1''r) ccjS, s/n 14600 l Aerators: (1) Ryan - Model 270315303 -- Care Harvester: s/n A,030303203287 (1) GreensGroor er - Model Synthetic Sports Turf Groomer -- : 72" x 35° area (1) Torn -Model 687 --Aerator: s/n 448501-9171107 A G V A G A 665 B64 803, B69 865, B66 B56 134 3 B57 F58, B45, 8'7 B71. B59 $500 $25D $125 $3507 $2501 $1,200 $2,000 $1,000 $7507 $1,000 Page 8 of 1 Item # 18 Attachment number 1 Page 9 of 11 SEPT. 2, 201 I EC °Oi'IFI E3', i L I fl,A S P CTI AP PRAJ L LE ATE COUNTRY CLUB Oescroptoon Cond. Photo E Hand Tools: $2,500 (1) STIHL Pole Save A B72 (2) Jacobsen Push Mowers A B6, 670 (6) STIHL Line Trimmers: various models, (1) of (6) needs repair A B72 (1) Shin&awa String Edger A B72 (1) Shin6awa Blade Edger A B72 (1) Trencher: date #2609 A B68 (1) RedMax - Model Reciprocator - Trirrrrner,rEdgerJClipperlPruner A 674 (4) STIHL - Model various -- Blowers: backpack type A B106 (1) STIHL Trimmer: 40" A 673 (1) STIHL - Model HL 100K -- Hedge Trimmer A B72 (2) STIHL Chain Saws: (1) 26"; (1) 32" A B73 (1) STIHL Quick Cut Saw F 376 (1) Water Pun p: electric, 116 hp ,L, 677 (1) Manual Roller: 30" width F (1) Pressure Washer: 1,000 psi A B78 $1,000 (1) Custom Pressure Washer: 2,500 psi, for greens mowers A B75 $500 Gerer-ators- $250 (1) Onan Generator: 2.5 1! A B90 (1) Briggs Coleman Generator: 6.0 kW, idle for past 2 yrs, needs major repair P B90 Shop Tools: $2,.000 (1) Table Cart B85 (1) Miller - yodel Thunderbolt 225 -- Welder: arc type, constant current, w1 cables, idle for pest 8 yrs; sin JK540353 A 888, 689 (2) Wheelbarrows: (1) one-v, eeled; (1) two-w eeled A B66 (1) repco Gas Weld Outfit: acetylene and 02 tanks, w/ hose and cutting/ bronzing tip A B80 (3) LP Gas Battles: 20#, 45#, and 100,7 capacity, respectively G B110 (1) P akita -Model 2414 --Chop Save: 2.1-hp; sln 492646E A 682, B94 (1) Husky - Model Pro -- Air Compressor. !-hp, 60-gal, 135 psi max capacity A B84 (1) Layton - Model 6Y001A -- Belt Disc Sander: 6" x 9" disc A B83 (2) Hand Carts A B86 (1) Air Tank: 5-gal capacity, portable A 685 .... 1)_ Hy lraulic Shop Press: 10-tors capacity A B9 Page g of 11 Item # 18 Attachment number 1 Page 10 of 11 SEPT. 29, 2014 I EC C FIDEV4T'IAL S LC°Il90?"%J ,3. PP7 '. 4?'.L CL.EAF-,V.''u,' TER UNTk, r !i_ Description tCond. Photc; 77 116+i°'i;', (1) Solar- - rvlodel 480 -- Battery Charger/ Booster' 6112 Volt cap. A B100 (1) Lapping Machine: for mowing reels F 699 (1) LFSCO Blade Sharpener: 112 hp; 1" x 6" wheel A B101 (1) Delta Drill Press l table: 1.5-hp, 8" threat„ hand-cranked (bench grinder seen has been replaced by grinder below) A B88 (1) MllwaLlkee - Model Sawzall A (1) HPZ Rivet Set A (1) Sand 8lasrer: portable A 337 (1) DeWalt - Uodel W 756 -- Bench Grinder: twin, 6", w1 lamp; sin 383 2.007-29YL6790 A 13161 (2) Vises: (1) in yard, (1) in shop A B101 (1) Tire Changer A B107 (1) Oil Filter Crasher: removes tail from used filter A B98 (2) Chain Hoists: (1) 2-ton; (1) 314-ton A B97 (3) Overhead Trolleys' 2-ton capacity A (2) Hydrauliw Jacks: (1) fleet jack; (1) paIlet)ack (We co 5,594# capacity) A B60 (1) Floor Jack: 3.5-ton capacity A (6) Jack Stands: various capacities B95 (2) Infrared Heaters: for propane bottles A (1) Shop-Vac A 693 (2) Patton Circulation Fans A B92, B72 (1) Hct Point Refrigerator: std size A 674 (1) STI H L - Model BG 75 -- Blower: hand held A B105 (1) Mil?.n,aukee Grinder A 91 (1) Dayton - Model 124-135-154,000 P3TIJ -- Space Heater: portable (1) Eureka - Model Commercial 2 QL~ et Kleen -- Upright Vacuum Cleaner (1) Dino - Model T"-104-S -- Parts Washer: runts, but idle 5 yrs due to discharge issues; sin 408912211 (1) Southworth ( ) - Model 6ackSaver -- Lift Table: 24" x 48", -1,500# capacity Pro Shoo: Page 10 of 11 E A B44 F 681 $1,400 A 1594, B5 1 $500 Item # 18 Attachment number 1 Page 11 of 11 SEPT. 9, 201 DEG CONFIDENTIAL I1'41Bli"'EC I IC : APP ISAL COUNTRY CLUB Walking mowers: (7) Torn - Model Greensmasrer 1000 -- Walking Greens Mowers: all B193 working & used weekly, wl A B104 $3,500 (1) Toro Repair Kit A (1) Overhead Crane: 9` span, 1/2-ton capacity A $750 (1) Scalar - Mode 55000 -- Battery: hand held, rechargeable, 1211, w/ cables, clamps G B102 7 (1) Miller- Model Trailblazer 250E -- Wefder: Arc-MIG; sin JH209957 F B79 $259 11) MPP isj rirr, ?Alhppl- I-,arA_r, ff wh,-gel A $2 71701-2 1 Sl k •,s iA,L TURF kflAIN-IFEl, ; I AND R LA CzD Dist ilJ]Ei',,1 I` $153,625 G A TOTAL $219,3co, rage 11 of 11 Item # 18 Attachment number 2 Page 1 of 2 BILL OF SALE, ABSOLUTE KNOW ALL MEN BY THESE PRESENTS, that Clearwater Country Club Management, Inc., a Florida non-profit corporation, whose address is , in the County of Pinellas and State of Florida, party of the first part, for and in consideration of the sum of ten dollars lawful money of the United States, and other value received, to it paid by City of Clearwater, a Florida municipal corporation, party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred and delivered, and by these presents does grant, bargain, sell, transfer all title to and deliver unto the said party of the second part, its executors, administrators and assigns, the following goods and chattels: See Exhibit ""A" attached hereto and made a part hereof TO HAVE AND TO HOLD the same unto the said party of the second part, its executors, administrators and assigns forever. AND said party of the first part does, for itself and its heirs, executors and administrators, does covenant to and with the said party of the second part, its executors, administrators and assigns, that said party of the first part is the lawful owner of the said goods and chattels; that they are free from all encumbrances; that said party of the first part has good right to sell the same aforesaid, and that said party of the first part does warrant and will defend the sale of the said property, goods and chattels hereby made, unto the said party of the second part, its executors, administrators and assigns against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, said party of the first part has hereunto set its hand and seal this day of _'20 Clearwater Country Club Management, Inc. Catherine Saenz, President STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, the undersigned, personally appeared Catherine Saenz, who executed the foregoing instrument and acknowledged the execution hereof to be her free act and deed to the use and purposes herein set forth, and who is personally known to me. 20 WITNESS my hand and official seal this day of , Item # 18 Attachment number 2 Page 2 of 2 Notary Public - State of Florida My Commission Expires: Item # 18 ?- Meeting Date: 12/16/20 10 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Third Amendment to License Agreement between the City of Clearwater, Florida and Alexandra of Clearwater Beach, Inc. (Alexandra), adding five years to the term of the Agreement in exchange for the maintenance of the public restrooms in Pier 60 Park and authorize the appropriate officials to execute same. (consent) SUMMARY: On August 5, 2010, City Council directed staff to negotiate a 5-year extension (March 1, 2012 to February 28, 2017) to the License Agreement between the City and Alexandra. In exchange for the extension, Alexandra has agreed to assume responsibility for the cleanliness, maintenance and operating expenses of the public restrooms in the Pier 60 Concession building accessible to the public, and any additional restrooms added to the building or built in the Pier 60 park area. Operating expenses shall include but not be limited to cleaning supplies, toilet paper, paper towels, soap, and utility costs including electricity, water, sewer, etc. Public restrooms at this location will be open to the public during all concession stand open hours. During inclement weather when the concession stand is closed the restrooms will be unavailable to the public. Having Alexandra assume this responsibility for all the restrooms is expected to save the City $62,140 a year in staff salaries, operating expenses and the cost of building and maintenance repairs to the existing wooden structures. New restroom facilities will be constructed in Pier 60 Park within the next year. As the new facility is opened, two wooden restroom structures, one located north of the picnic shelter in Pier 60 Park and one located north of the lifeguard building, will be removed. During construction of the new restroom facilities, portable restrooms will be provided by the City but maintained by Alexandra. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 19 Attachment number 1 Page 1 of 3 THIRD AMENDMENT TO LICENSE AGREEMENT THIS THIRD AMENDMENT TO LICENSE AGREEMENT is made and entered into this day of , 2010, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "Licensor' and ALEXANDRA OF CLEARWATER BEACH, INC., hereinafter referred to as "Licensee" (referred to individually herein as "Party" or collectively as the "Parties"): WHEREAS, the Parties entered into that certain License Agreement dated February 5, 1996, as amended December 9, 1996 and December 1, 1998 ("License Agreement") to provide for the License of a portion of certain City-owned property known as "Pier 60" and adjoining beach area for purposes of providing concession services for the public benefit; and WHEREAS, the Parties now wish to amend the License Agreement in order to extend the Term of the License, acknowledge the construction of additional restroom facilities within an amended License Area, and provide for the maintenance responsibilities of the restroom facilities. NOW THEREFORE, it is mutually agreed as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated in and form a part of this Agreement. 2. Paragraph 1 amended. Paragraph 1 of the License Agreement is hereby amended as follows. Subject to terms and conditions provided herein, the term of the License Agreement is being extended for a period of five (5) additional years (Term Extension), resulting in a total license term of twenty (20) years, having begun on the 1st day of March, 1997, and ending on the 28th day of February, 2017. As referred to in this Agreement, an "Agreement Year' commences on the first day of March of each year and terminates on the 28th day of February (or 29th day in a leap year, as applicable) for each year during the term of this Agreement. 3. License Area. Exhibit "A" of the License Agreement is amended to include the newly constructed restrooms, as well as the Food Concession Complex and that portion of City-owned beach described in paragraph 4 of the Agreement. Licensee acknowledges and consents to the construction of the additional restroom facilities as reflected in Exhibit "A" as necessary to municipal purpose. Further, Licensee agrees to cooperate with Licensor fully in all respects necessary for successful completed construction of same, as determined by Licensor in its sole discretion, including the planning and construction of the restrooms, and in providing access to Licensor and its agents, including but not limited to contractors. The Parties hereby agree that the Licensee's cooperation in allowing for the construction of the restrooms is a condition precedent to the effectiveness of the Term Extension. Exhibit "A" is hereby revised as attached hereto and incorporated herein. 4. Paragraph 6 amended. Paragraph 6 of the License Agreement is amended to provide for the additional public restrooms which will be constructed adjoining the original license area, and to set out maintenance responsibilities therefore. The Licensee shall be responsible for the cleanliness and maintenance of the public restrooms now existing in the License Area and for the additional public restroom facilities that are scheduled for construction in the area adjoining the Food Concession Complex (see revised Exhibit "A", Item # 19 Attachment number 1 Page 2 of 3 attached). The following standards shall be adhered to in the maintenance and management of the restrooms. a. Restrooms will be open and available to the public during all hours the concession stand is open for business. b. Restrooms shall be cleaned to meet health department standards for a food vendor as required by law. The Licensor reserves the right to inspect the restrooms to assure the cleanliness standard is in compliance with the health department or other legal standards. Failure of Licensee to maintain health department standards for a food vendor as required by law, including but not limited to Florida Statute, Chapter 509 as it currently exists or as it may be amended, shall be considered a breach of the License Agreement, unless immediately corrected by Licensee. In addition, Lessee agrees to forward to Lessor a copy of each inspection report issued in accordance with Florida Statute 509 (as it presently exists or as it may be amended) within fifteen (15) days of receiving any such reports. If the City alleges a failure to maintain health department standards separate from any health department inspection, the City shall provide Licensee immediate notice specifying the alleged failure and permit Licensee to correct any alleged breach. The City recognizes that the nature of public restrooms provided to the general public can create instances of improper use of the bathroom by the public without the immediate knowledge of Licensee, or in between regularly scheduled restroom inspections by the Licensee. A failure to maintain health department standards is only a material breach if: 1. Licensee willfully refuses to comply with health department requirement or standard. 2. Licensee willfully refuses to correct a health department standards violation, requested by the City or the health department. 3. Licensee willfully and repeatedly fails to provide restrooms that meet health department standards, causing the closure (for any length of time) of the restrooms to the public. 4. In the event of any dispute between the Licensee and the City in regard to standards, the Health Department standards or other applicable law shall take precedence. In the event of a material breach, Licensor, at its option, may exercise any one of the remedies set forth under paragraph 19(f). c. Licensee shall be responsible for all operational costs of the restrooms including, but not limited to; cleaning supplies, toilet paper, paper towels, and soap. d. Licensee shall be responsible for all utility costs associated with the restrooms including, but not limited to; electricity, heat, water and sewer, and refuse collection. e. Licensee shall be responsible to provide the same service and maintenance levels as outlined in (a) through (d) above for any portable/temporary restrooms that may be placed at the license site in order to provide restroom accommodations during the construction of the new restroom additions. The City reserves the right to provide such restroom facilities in its sole discretion and at the City's expense; however, service and maintenance of such temporary facilities shall be at the expense of the Licensee. Item # 19 Attachment number 1 Page 3 of 3 f. In the event construction of the additional restroom facilities causes the Licensor to require closure of the licensed premises, resulting in Licensee being prevented from conducting business within the building, the Licensor agrees to pro- rate the monthly base rent payments required under 9a(1) to offset rent, per diem, for the number of days the Licensee was unable to operate within any month subject to this provision. 5. License payments and other terms and condition of paragraph 9 of the Agreement shall remain the same and are hereby extended for the duration of the Term Extension. 6. All other terms and conditions of the License Agreement are incorporated herein by reference and shall continue in full force and effect throughout the remaining term of this License Agreement. written. IN WITNESS WHEREOF, the Agreement is executed as of the date first above Countersigned: Frank V. Hibbard Mayor Approved as to form: Attest: Laura Lipowski Mahony Assistant City Attorney Rosemarie Call City Clerk ALEXANDRA OF CLEARWATER BEACH, INC. By: Steve Chandler, President Steve Chandler, Personal Guarantor Lisa Chandler, Personal Guarantor By: CITY OF CLEARWATER, FLORIDA William B. Horne, II City Manager Item # 19 Attachment number 2 jM31ki:nno GdVA3?noo IIIz ? ? ? ?? llo I II I I U) CO 00 I ? 2 r D r? I i i III I I I I I I Tr o I I o C) I I I ?Q I II v 2 I? I OT I - _ I }° }4611 } 4sa4 J 3 Flo a a aull Ja}ua4} do uolsu}x3 ao pJDM}saM I D , ? I OI X ?> I v? N ?' I om vZ ?i D I r* ?I rli I T No D 1? ? I oI WD19 NM ?m O D J?I 000 Z ; =I ? I S D W U) M I p - ' - - _ oC - U) U) - ' - ' - 0 - -1 I UOI I IiiDC l II J? ?Suip11n8 -Ia6uao4S SWOOJ4say-?0 NU r I ?Q 0 I ? I MOOM D II U) I 43Dag Ia}OH apls}JnS ay} puo M 4ODag Ja}DMJDa1o }O a}Io / a4} 6uIpIAIQ auin A}JadOJd -- -- - -ftmn 19 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 12/16/20 10 Approve an agreement with Religious Community Services, Inc. (RCS) for provision of contractual victim advocacy services in the amount of $17,149, for period January 1, 2011 through December 31, 2011, and authorize the appropriate officials to execute same. (consent) SUMMARY: The Clearwater Police Department (CPD) seeks City Council approval to enter into a contractual agreement with RCS (a registered non-profit organization with four distinct yet interwoven programs, which includes The Haven of RCS) to provide a part-time bilingual victim advocate position from The Haven to be physically located at CPD headquarters. The victim advocate will work 20 hours per week and perform the duties associated with the implementation of a domestic violence victim advocacy program with an emphasis on Spanish-speaking, Hispanic victims for a one-year period. While other crimes have shown a decrease in recent years, domestic violence statistics continue to climb. Some of the crimes that have increased and are the direct result of domestic violence over the past two-year period include: murders (300% increase), rapes (300% increase), aggravated stalking (200% increase) and threat/intimidation (166.7% increase). Additionally, CPD's grant-funded partnership with the Hispanic Outreach Center (HOC) that provided victim advocacy services to Spanish-speaking Hispanics has expired. Domestic violence cases represented a significant number of victim advocacy cases that were previously handled by the HOC. The Haven of RCS is a state-certified provider of domestic violence victim advocacy services; has a number of Spanish-speaking victim advocates on staff; and has a long history of collaborating with CPD and its victim advocate on domestic violence issues. Pursuant to the contractual agreement, The Haven of RCS will provide comprehensive domestic violence services on-site at CPD for 400 victims, with an emphasis on Spanish-speaking Hispanics, but includes all domestic violence victims. All expenses will be charged to the Special Law Enforcement Fund, Special Project 181-99331. Type: Other Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: $17,149.00 For Fiscal Year: 2010 to 2011 Budget Adjustment: None Annual Operating Cost: Total Cost: $17,149.00 Appropriation Code Amount Appropriation Comment 181-99331 $17,149.00 Review Approval: 1) Office of Management and Budget 2) Legal 3) Clerk 4) Assistant City Manager 5) Clerk 6)&4, Eger 7) Clerk Item # 20 Attachment number 1 Page 1 of 3 AGREEMENT THIS AGREEMENT is made and entered into on the day of December, 2010, by and between Religious Community Services (RCS), Inc. hereinafter referred to as the "Contractor", and the City of Clearwater, Florida, a municipal corporation, hereinafter referred to as the "City," hereby incorporates by reference the City of Clearwater's "Standard Requirements for Requests for Proposals"; Exhibit A - Insurance Requirements; and Exhibit B - Scope of Services. WITNESSETH: WHEREAS, the City has a need for victim advocacy services for victims of domestic violence, particularly for Hispanic, Spanish-speaking victims; WHEREAS, the Contractor is a registered 501(c)(3) organization with four distinct yet interwoven programs, which includes The Haven of RCS; WHEREAS, The Haven of RCS is a state-certified provider of domestic violence victim advocacy services that has on staff a number of Spanish-speaking victim advocates specialized in domestic violence issues; WHEREAS, the Contractor has agreed to implement and administer a victim advocacy program for domestic violence victims with an emphasis on Hispanic, Spanish-speaking victims in partnership with the City; NOW THEREFORE, in consideration of the promises and the mutual covenants contained in the Agreement, the Contractor and City hereby agree as follows: 1. TERM. This Agreement shall commence on the 1st day of January 2011, and shall terminate on the 31st day of December, 2011, unless earlier terminated by either party hereto. Either party may terminate this Agreement upon thirty (30) days prior written notice. 2. CONTRACTOR'S SERVICES. The Contractor shall assign one, part-time Spanish-speaking victim advocate to work at the Clearwater Police Department (CPD) in conjunction with CPD's Victim Advocate at CPD headquarters per the attached Scope of Services (Exhibit B). 3. CONFIDENTIAL INFORMATION. The Contractor understands that while providing services during the term of this Agreement, it may obtain information that is exempt from public disclosure by Florida Statues or that relates to matters rendered confidential by Florida Statutes. Contractor understands that such information shall not be disclosed or otherwise disseminated to third parties without the written authorization of the City. Contractor further understands Item # 20 Attachment number 1 Page 2 of 3 that any records containing such information will be securely maintained and that it will promptly inform the City of any unauthorized disclosures of such information. 4. CONSIDERATION. Upon execution of this Agreement by all parties, the City will pay for costs associated with the implementation of the program as specifically indicated in Exhibit B. The Contractor shall submit monthly billing in the amount of $1,420.08 to the City, including an invoice, copies of payroll timesheets, proof of payment of salary/benefits, and other documentation of expenses for which the Contractor seeks reimbursement pursuant to this Agreement. Such monthly billing shall be submitted to the City no later than seven (7) days after the close of each month. The City's maximum liability under this contract shall not exceed $17,149. 5. THE WAIVER. Failure to invoke any right, condition, or covenant in this Agreement by either party shall not be deemed to imply or constitute a waiver of any rights, condition, or covenant and neither party may rely on such failure. 6. NOTICE. Any notice or communication permitted or required by the Agreement shall be deemed effective when personally delivered or deposited, postage prepaid, in the first class mail of the United States properly addressed to the appropriate party at the address set forth below: A. NOTICES TO CONTRACTOR: Mail to: Duggan Cooley, President/CEO Religious Community Services, Inc. 503 South Martin Luther King, Jr. Ave Clearwater, FL 33756 With a copy to: Christine Warwick, Director The Haven of RCS 1403 N. Fort Harrison Ave. Clearwater, FL 33755 B. NOTICES TO CITY: Mail to: Chief of Police Clearwater Police Department 645 Pierce Street Clearwater, FL 33756 With a copy to: City Attorney's Office City of Clearwater P.O. Box 4748 Clearwater, FL 33758 7. ENFORCEABILITY. If any provision of the Agreement is held by a court of competent jurisdiction to be unenforceable, the remainder of the Agreement shall remain in full force and effect and shall in no way be impaired. Item # 20 Attachment number 1 Page 3 of 3 8. ENTIRE AGREEMENT AND AMENDMENTS. This Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof, and replaces and supersedes all other agreements of understandings, whether written or oral. No amendment or extension of the Agreement shall be binding unless in writing and signed by both parties. 9. BINDING EFFECT, ASSIGNMENT. This Agreement shall be binding upon and shall inure to the benefit of the Contractor and the City. Nothing in this Agreement shall be construed to permit the assignment by the Contractor of any of its rights or obligations hereunder, as such assignment is expressly prohibited without the prior written consent of the City. 10. GOVERNING LAW, SEVERABILITY. In the performance of the Agreement, each party shall comply with all applicable federal, state and local laws, rules, ordinances and regulations. This Agreement shall be governed by the laws of the State of Florida. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. In witness whereof, the parties hereto have set their hands and seals on the date first above written. Countersigned: Frank V. Hibbard Mayor CITY OF CLEARWATER, FLORIDA By: William B. Horne, II City Manager Approved as to form: Attest: Robert J. Surette Rosemarie Call Assistant City Attorney City Clerk RELIGIOUS COMMUNITY SERVICES, INC. By: Duggan Cooley President/CEO Item # 20 Attachment number 2 Page 1 of 2 INSURANCE REQUIREMENTS EXHIBIT A The vendor shall provide insurance and comply with all requirements as contained herein prior to performing any services or providing any products to the City. a. Insurance The applicant shall furnish, pay for, and maintain during the life of the contract with the City the following liability coverage: 1. Comprehensive General Liability Insurance on an "occurrence" basis in an amount not less than $1,000,000 combined single-limit Bodily Injury Liability and Property Damage Liability. 2. Business Automobile Liability insurance in the amount of at least 1,000,000, providing Bodily Injury Liability and Property Damage Liability. 3. Workers' Compensation Insurance applicable to its employees and contractors for statutory coverage limits, and Employers' Liability that meets all applicable state and federal laws. b. Additional Insured The City is to be specifically included as an additional insured on all liability coverage shown in sections 1 and 2 described above. c. Notice of Cancellation or Restriction All policies of insurance must be endorsed to provide the City with thirty (30) days' notice of cancellation or restriction. d. Certificates of Insurance/Certified Copies of Policies The applicant shall provide the City with a certificate or certificates of insurance showing the existence of the coverage required by this Agreement. The applicant will maintain this coverage with a current certificate or certificates of insurance throughout the term stated in the proposal. When specifically requested by the City in writing, the applicant will provide the City with certified copies of all policies of insurance as required above. New certificates and new certified copies of policies (if certified copies of policies are requested) shall be provided to the City whenever any policy is renewed, revised, or obtained from other insurers. Item # 20 Attachment number 2 Page 2 of 2 e. The certificates and/or certified policies shall be sent or delivered to the Project Manager and addressed to: The address where such certificates and certified policies shall be sent or delivered as follows: City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 The applicant shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly from the performance by the applicant, its employees, subcontractors, or assigns, including legal fees, court costs, or other legal expenses. Applicant acknowledges that it is solely responsible for complying with the terms of this Agreement. In addition, the applicant shall, at its expense, secure and provide to the City, prior to beginning performance under this Agreement, insurance coverage as required in this Agreement. Any party providing services or products to the City will be expected to enter to a written agreement, contract, or purchase order with the City that incorporates, either in writing or by reference, all of the pertinent provisions relating to insurance and insurance Any party providing services or products to the City will be expected requirements as contained herein. A failure to do so may, at the sole option of the City, disqualify any bidder or proposer of services and/or products to the City. Item # 20 Attachment number 3 Page 1 of 2 EXHIBIT B RELIGIOUS COMMUNTY SERVICES, INC. DOMESTIC VIOLENCE PARTNERSHIP SCOPE OF SERVICES Religious Community Services, Inc. (RCS) agrees to provide the following contractual services to the City of Clearwater during the period of January 1 to December 31, 2011. Program Components 1. Victim Advocate Assign a part-time bilingual Victim Advocate position from The Haven of RCS to be physically located at Clearwater Police Department (CPD) headquarters. The Victim Advocate will work 20 hours per week and perform the duties associated with the implementation of a domestic violence victim advocacy program with an emphasis on Hispanic, Spanish-speaking victims for a one-year period. 2. Outreach • Contact individuals and organizations in the community, providing information about the domestic violence victim advocacy services available at CPD. • Provide victim advocacy and support services for a total of 400 victims of domestic violence for the one-year period. 3. Intervention • Provide support and assistance during interviews, legal proceedings, and related processes. 4. Referral and Support Assist victims, with an emphasis on Hispanic/Spanish-speaking victims, to gain access to services that may be required by the victim as a result of domestic violence, such as alternate housing, financial aid, medical care, and services for children, as needed. Refer the victim to agencies and services which have a Spanish-speaking capability, according to the needs of the individual. Item # 20 Attachment number 3 Page 2 of 2 2 Assist the victim in maintaining a working relationship with the police during the process. 5. Liaison with the Clearwater Police Department (CPD) • Provide information to Senior Officials and Officers of CPD regarding obstacles faced by Hispanic residents in reporting domestic violence and seeking redress through the legal system. • Provide training or orientation to members of the CPD regarding the program. Work continuously with representatives of the CPD to improve the awareness of Hispanic residents of the services available to them through the legal system. 6. Public Education • Attend meetings and give presentations on domestic violence as needed. 7. Reporting The Director for The Haven of RCS will maintain records of activity and case-by-case outcomes on all of the above responsibilities. Records should indicate whether the victim is Hispanic and/or Spanish-speaking. Prepare a /quarterly program report, to be submitted to the Clearwater Police Department no later than 15 days after the end of each month/quarter. Item # 20 SUBJECT / RECOMMENDATION: City Council Agenda Council Chambers - City Hall Meeting Date: 12/16/20 10 Approve an agreement between the City of Clearwater and the United States Coast Guard Auxiliary, Flotilla 11-1, to utilize space located at 645 Pierce Street on an intermittent basis for the period of January 1, 2011 through December 31, 2011 and authorize the appropriate officials execute same. (consent) SUMMARY: The Agreement defines the scope of responsibilities of the Parties concerning the use of the Clearwater Police Department District 11 Line-up Room (Premises), located at 645 Pierce Street, Clearwater, Florida. The City of Clearwater will be granting to the United States Coast Guard Auxiliary, Flotilla 11-1, referred to as Licensee, a license to occupy and use the Premises, subject to all the terms and conditions stated or referenced in the Agreement to include available parking areas. All activities will be carried out in accordance with the terms and conditions outlined in the document. The Agreement will remain in effect during the 2011 calendar year while the Licensee is conducting its monthly meetings and the public education programs listed in paragraph 5.C. of the Agreement and may be amended or modified by the mutual written consent of the Parties' authorized representatives. The Clearwater Police Department shall, at all times, have priority use of the Premises for its own needs and may cancel any meeting or program, as referenced in paragraph 5.C, due to an emergency necessitating the use of the Premises. The Agreement may be terminated at any time, upon thirty (30) days written notification, by either party. There are no costs/fees associated with the use of the Premises by the Licensee. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Other None Budget Adjustment: None -0- Annual Operating Cost: Total Cost: -0- to Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 21 Attachment number 1 Page 1 of 4 .. _.. ou L w? 1. a aa_ '-Xeres^r..f li r - oj?,. II '??;I I I 111 ca1'?, _ I- w t 1-or, ti i L. "D ?? - 2. PL. r the c til .: liI riL "fec L4' ,I. t C GL" r !fit f l I -, r" -d to as the This /,gr < < 1 It "''ire- 4 r g of regnn, _II of the ? ., ,-oncernir the u of the learwatea 11 L I I c rn (Prennisu- y which is located at 645 Pierce Street, Clearwa,'Ler, . ' 11c1 ida. . e` + --C . i;: t lieensep license to occu py and use, subject to all the "'3i ms and coo S, ', 'i or iefyrenceci re In he Premises Ocluding available pr ,,il_I`, ae-,I-. Licens agrees -,rat there are no cost., ` ees associate 'I -ie use of the F -.1 yes L ? the Licensee. 4. fdinat ?t° The part.' - -.sign points of contact (PO s) for this Agreement The PO Cs will address and resolve _,II ssues related to this Agreement, . Terms are Conditions For k All a .i,l. ?- f the P tl 1 ? Agreement will be ,- ! out in accordance with the terms and _'; i d," - ns of this . Iei.t. The Licensor sh r r , e ova: i rI-s and rn _t any meeting or lr ue to t srnergency nec_. ,tirl'-} the use i the Pre - Liwensor must cancel any meeting „. Lcens ; :vid r _n to L ensee as soon as possible. Item # 21 Attachment number 1 Page 2 of 4 r-II; ' ota{[ Ir 1, f" P ?o 9,00 ; follo\? ir)n ? . IL Ir~y 9 71rog m, ?33 I l 'rog rani ?7 " MI'DI`' F- 7 Ir' ? I I ':i r I 'rt Icarl,l'I _ W (end Pro, . l ................. March 19 6 -"1 Weekend 7-i it April 11 - ,-,,a f I May 'l - May 26 Mui°21i 22 W-e r-i F,rogram Jul 25 _Ia 'Meeker I F 1_, I I, :. Ju[Y 1 7 r eekend Pl- I n t3- ?r September 1' . 11 Weekend F, 1,j i October 3 - ; .I November ('3x '.) WeaLepnr4 y _ Cost 35 Cla Cost 3 Class C' 1 I _ GPS and C,hf F-- I III i, I c[1 TI [7 ClaF,r' F II. g:3d _ lil _; Lessors) Cost ` Class L,,: Z ' g any - 1,00 pm l 1_r,I -', irg dal mt' r? 1 Cast Cass 1' `l.ir. 5. 6 Gass Days ,Irl III - V } I Navige ', !" to _)ls L . t - - - Cost - --- -- -- ----------- 70 Class 11 ?010 p IT -,6 J. _.I aPl`=r'I _ors ,CI. PIT, I 'n 2 3, 24, 26 ?2 Le t, C a 2 3:01 am - 1:1 11 ... ...... ._ art Refi x'11 lac. lsr C 7 7: ..I. -U f ?L Lessons) ? Cost 3 3. ari - 1:00 pm ...... r I I CI Cost 50 v )m x:30 pm y _ Irtg barety ( L -; Cost _.......-- 3 f. 1 11 OU ;. _ I:00 prr eludes chart€ng tools) 3 Le" r is Cost 70 Ci s . .eay 13, 11, 1 17, 11 7 ?) -m - 9:30 pm - - - - it Boating PLp'CI," .. Cost - 35 4r, Item # 21 Attachment number 1 Page 3 of 4 he Lic 1 7 thl = - _. 4 -JI ible f II I rl +q.i... A. MIach .-' . •II n. P ` ,rl t 1 11, l.1 ?' I I I I 1111 ? I ?I I _'i .;a?. _ -' li S. SE ?I I for death, personal rl f III Il s .' 1 -'jol") Of F- I 1II= 11 1 or Its mernber': Yd to duty f r.tch du fcrti. .l r 14 U& In co I U- of the J ,.. t? ?`. by the Fka,??^^?c ndl a tho -13d ? ?l Tort ? ? b.t.. r th _ Il-E.- nt or wrongful acts or oi II r7l r : It a P, rll - , ?I? Iz ? 1i l state :,-u?. Nothing herein should be cans' .r?-d r,ll 11 ° I rule -' yl _ , 5y k _merlt to indemnify c, f l:; r replace any z a--i la r+?r ise --.J- s l;- i n? L _ I I ' _Icenso, z bI 66?)I fl;r ar)y lo,-- of am, .3 1 qq r I . u, to]- k ? a Or Under an y crr Sul ¢_-I- Dirt tc) th I a . . of tl r I" r- modlflec n- I __nsentC ?i?ie a.lll1"1 IT I . T" A 1e 011 yc He the in Item # 21 Attachment number 1 Page 4 of 4 , -:1 rt i e p 5 J I I I _ `J U II tI. _.? D, I_? rtie _ 'Ii oral u k l4d t..d 1_; ?1 I lkjA "A k1. ,R d E f4 'V I p I I VCA L I IL,y1 f@. ? Fu''C ?. Count_ . ;.. CITE' OF L _' TER, FLORIDA ... ..a .w .u .. ----- B Frank '. Ili; Mayor Ar)rroved a?z to form, attest: _ J € d City C k, UNITED T". C'BAST GUARD AUXILIARY F: I- _)n I Staff L ` I I - II u :( Icy: EIIa ! ?I I€ ot!!Ia Coma IlI 1-t Item # 21 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 12/16/20 10 Award a contract (purchase order) to DGG TASER and Tactical Supply of Jacksonville, Florida, for the purchase of 128 Advanced TASER X26 electronic control devices, in the amount of $129,206.95; declare 128 Advanced TASER M26 tasers surplus to the needs of the City and authorize disposal through trade-in, in accordance with Sec 2.564 (1)(d) - Florida State Contract; and authorize the appropriate officials to execute same. (consent) SUMMARY: The Clearwater Police Department has used the Advanced TASER M26 electronic control device platform since 2004 as an intermediate control device for all sworn personnel in the patrol division. The manufacturer, TASER International, discontinued the production of the M26 model early this year due to advancing technology and will no longer repair or replace them. On March 1, 2010, TASER International announced a TASER electronic control device trade-in-program where current customers would receive a partial trade-in credit for trading in Advanced TASER M26 electronic control devices for the Advanced TASER X26 electronic control device model. This trade in credit equates to seventy-five dollars ($75.00) per unit. The Clearwater Police Department has a supply of one-hundred seventeen (117) Advanced TASER X26 electronic control devices in its current inventory. An additional one-hundred twenty-eight (128) Advanced TASER X26 electronic control devices are needed to provide a consistent platform for all sworn personnel. The police department reviewed the model S-200 that is manufactured by Stinger Stun Systems, Inc., which is comparable to the Advanced TASER X26 electronic control device. Staff compared price, company stability and reputation of the model S-200. In August of 2010, Stinger Stun Systems, Inc. went out of business. Upon completion of the evaluation process, the police department recommends the purchase of the additional one-hundred twenty- eight (128) Advanced TASER X26 electronic control device along with the extended four (4) year warranty per unit. The department's experience with TASER International is positive, its products have performed as promised, TASER International guarantees legal support for any lawsuit pertaining to its product, implementation of the Advanced TASER X26 can be achieved without any significant issues, and the company has remained interested in the performance of their product in the field by continuing to identify improvements. The Advanced TASER X26 electronic control device would be the most economically sound path and would keep a consistency in the existing platform the police department has used since 2004. The price of the additional Advanced TASER X26 electronic control devices is $129,206.95, which includes a one (1) year manufacturer warranty and an additional four (4) year extended warranty per unit. There would be no recurring cost for repair or replacement for five years from the purchase date. Funding is available in Special Project 181-99387, Federal Forfeiture Fund. Type: Purchase Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Cover Memo Current Year Cost: $129,206.95 Annual Operating Cost: -0- Not to Exceed: Total Cost: $129,206.95 Item # 22 For Fiscal Year: 2010 to 2011 Appropriation Code Amount Appropriation Comment 181-99387 $129,206.95 Review Approval: 1) Assistant City Manager 2) City Manager 3) Clerk Cover Memo Item # 22 Bill To: Clearwater Police Department Accounts Payable 645 Pierce Street Clearwater FL 33756 Quote QTE6000002974 .Date, 11312 0 1 0 1113/2010 Pa e. 1 1-866-626-8273 Ship To: Clearwater Police Department 645 Pierce Street Clearwater FL 33756 Purchase Order No. Customer ID _ . Saies 8rson.ID Shi ip Method Pi mentTerms Re Shi Date Master No.. CLEARVVATER00602 DANNY PEARSON UPS GROUND NET 30 01010000 28,969 Quaritit ModelAumber Description Unit Price Extr.: Price 128 128 65 40 26549 26744 26744 26701 X26 Black/Black Without a Holster XDPM Battery Trade Discount reflects trading in 128 M26 Tasers at $75.00 each. Offer good until 11/30/2010 Four Year Extended customer care warranty Four Year Extended customer care warranty on 65 Tasers that were purchased on 9/20/2010 XDPM Extended Digital Power Magazine $784.95 $184.95 $184.95 $37.95 $100,473.60 $23,673.60 $12,021.75 $1,518.00 Subtotal $137.686.95 Thank you for your Business! MISC $0.00 Tax $0.00 Freight $1,120.00 Trade Discount $960000 Total l tprn :9 29 206.95 DGG Taser, Inc. www.dggtaser.com 8725 Youngerman Ct # 203 Jacksonville FL 32244 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 12/16/20 10 Award a contract (purchase order) to Contender Boats Incorporated, located in Homestead, Florida, per written quote, for a Contender 23 Open, equipped with a Yamaha F250 Outboard and Ameritrail trailer, in the amount of $47,991.38, for the period of December 1, 2010 through December 31, 2011 and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater is surrounded by approximately 50 square miles of waterways that are under the jurisdiction of the City. The City currently has no way to project its authority, and encourage boating safety, other than reliance on the generosity of other law enforcement entities such as the Fish and Wildlife Commission and Pinellas County Sheriff's Office. Clearwater Harbor and Clearwater Pass are among the busiest waterways in the County. With the recent addition of the downtown boat slips and public docks on North Mandalay traffic on the waterways will further increase, necessitating increased boating safety activities and enforcement. Law enforcement counterparts have experienced budget reductions, reducing the amount of time they have been able to spend policing our jurisdiction. The Clearwater Police Department has developed a plan to implement a part- time marine unit that will patrol on weekends during the peak boating season (April - September) and during specified holidays and spring break. The scope and purpose of this unit have been designed to meet the needs of the citizens of Clearwater and address the aforementioned issues in an efficient and economical way. The unit's primary responsibility will be boating safety. The normal patrol area will be limited to the navigable waterways in and around Clearwater Harbor and Clearwater Pass. Absent an emergency or mutual aid request, this unit will be highly visible and patrol within 1/2 mile of our shoreline. Taking into account the scope and purpose of this part-time unit, the Clearwater Police Department has reviewed a number of different platforms to facilitate this mission. The Contender 23 Open, powered by a single Yamaha F250 outboard stands out as an excellent compromise between speed and efficiency. This combination will provide a safe and reliable platform from which to conduct vessel boardings and operations in the normal patrol area while still providing the ability to respond in moderate weather. Upon completion of the evaluation process, the police department recommends the purchase of the Contender 23 Open, powered by a Yamaha F250 outboard coupled with an Ameritrail tandem axle trailer. This package is available through Contender Boats Incorporated in the amount of $47,991.38. This purchase will have no impact on the general fund. Additional costs to equip the vessel will be funded with Special Project 181-99281, Federal Forfeiture Fund. Contender Boats is a sole source, state contracted vendor for the 23 Open. Type: Operating Expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $47,991.38 Not to Exceed: For Fiscal Year: 2010 to 2011 Cover Memo 11 __ Budget Adjustment: None Annual Operating Cost: Total Cost: $47,991.38 Appropriation Code Amount Appropriation Comment 181-99281 $47,991.38 Purchase Equipment Review Approval: 1) Assistant City Manager 2) City Manager 3) Clerk Cover Memo Item # 23 Attachment number 1 Page 1 of 1 r G Uc.nu-r1L1r.r-L3oatsmc, 11, bInAvf jt-Ji,lli??. 11L.- -- r 1budl Fax. (305)230.1700 vd'rv,coV FdLr.C. FFI 01..E TO k POLICE DEPT A CS I PY:: 3 "t"otal 48® r? us l 13a5' ?i{:I X47 1 LAi,E 29-Jul-1 J "?.?'.....,?. ?. 237<38 STD STD _ 229,72 STD GU L f00 L LJLrE Rz S 9.?9"1,3E3 A; sr_RITRAIL TA D E?,A AXLE wr8RA1{ 1, 1 '1,671,00 rfl! ?rl11=F r' il. Item # 23 City Council Agenda Council Chambers - City Hall Meeting Date: 12/16/20 10 SUBJECT / RECOMMENDATION: Award a contract (Purchase Order) for $179,977.00 to Duval Ford of Jacksonville, FL for 7 Ford Crown Victoria Police Cruisers in accordance with Sec 2.564(1)(d), Code of Ordinances - Other governmental bid and authorize the appropriate officials to execute same. (consent) SUMMARY: These automobiles will be purchased through the Florida Sheriff s Association and Florida Association of Counties Contract 10- 18-0907. These automobiles are included in the Garage CIP Replacement List for Budget Year 2010/2011 and replace G2854, G2389, G2990, G2759, G2840, G2675 and G2999. Each vehicle has over 90,000 miles. The purchase of these automobiles will be paid through Penny for Pinellas III proceeds. Type: Purchase Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $179,977.00 Not to Exceed: For Fiscal Year: 2010 to 2011 Appropriation Code 0315-94238-591000-521- 0000 Amount $179,977.00 Bid Required?: Other Bid / Contract: No Florida Sheriffs Association and Florida Association of Counties Contract #10- 18-0907 Budget Adjustment: Annual Operating Cost: Total Cost: Appropriation Comment Penny III Fund Bid Number: Bid Exceptions: Review Approval: 1) Assistant City Manager 2) City Manager 3) Clerk None $31,316.16 $211,293.16 None Cover Memo Item # 24 City Council Agenda Council Chambers - City Hall Meeting Date: 12/16/20 10 SUBJECT / RECOMMENDATION: Award a Contract (Purchase Order) for $225,264.00 to Container Systems and Equipment Co., Inc. of Daytona Beach, FL for one 2011 Crane Carrier LET2 chassis with Loadmaster Excel-S 25 cu. yd. rear loader, in accordance with Sec. 2.564(1)(d), Code of Ordinances - Other governmental bid, authorize lease purchase under the City's Master Lease Purchase Agreement and authorize the appropriate officials to execute same. (consent) SUMMARY: The Crane Carrier rear loader will be purchased through the Florida Sheriffs Association and Florida Association of Counties Contract 10-18-0907, quote dated November 20, 2010 and specifications 50. The Crane Carrier rear loader will replace G2556, a 2002 Crane Carrier with Loadmaster rear loader included in the Garage CIP Replacement list for Budget year 2010/2011. This truck has 83,562 miles. Type: Purchase Current Year Budget?: Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: $48,820.00 Annual Operating Cost: $22,968.92 Not to Exceed: Total Cost: $71,788.92 For Fiscal Year: 2010 to 2011 Appropriation Code Amount Appropriation Comment 0316-94234-564100-519- $225,264.00 L/P CIP 0000 Bid Required?: No Bid Number: Florida Other Bid / Contract: Sheriffs Bid Exceptions: None Contract #10- 18-0907 Review 1) Financial Services 2) Financial Services 3) Office of Management and Budget 4) Legal 5) Clerk 6) Assistant City Approval: Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 25 ?- Meeting Date: 12/16/20 10 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Accept a Sidewalk and Utilities Easement over, under, across and through portions of Lots 1, 2 and 3, Clearwater Heights Subdivision, as more particularly described therein, conveyed by R. C. Lawler, Inc., a Florida corporation, granted in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) SUMMARY: Construction of Cleveland Street Streetscape, Phase 11- Myrtle Avenue to Missouri Avenue is scheduled to commence early in 2011. This element of the City's Master Streetscape and Wayfinding Plan will extend a modified palette of downtown Cleveland Street roadway improvements through the Town Lake Character District. The subject easement is the final conveyance required to complete proposed streetscape improvements within project limits. The Grantor has conveyed herewith the easement interest required for project improvements as they may encumber the subject property, the northwest corner of Cleveland Street and Missouri Avenue. 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 Item # 26 Attachment number 1 Page 1 Of '1 ?? I I I I I I I 1 I I I I I I I -?` j j I I I I ? j I ,:I I I I I I I I ? I I I I I OVE ST I I I Potential Mast Arm I 'I I I 'I j , , ? I m x CLEVELAND ST I Goodyear Easement I I I I I I I I I I I I I I ? ? I j j I I Q 0 CO R a t _6 Legend N 0 Cl Easement earwater Cleveland Street Sidewalk & Utility Easement Bldg Footprint W E Prepared by: Engineering Department Parcel Boundary Geographic Tech nology Division Ite m # 26; 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 Map Gen By: CD Reviewed By: EB Date: 11/09/2010 Grid #: 287A S-T-R: 15-29-15 Scale: N.T.S. w. MyC learwater.com Attachment number 2 Page 1 of 4 I 11: C . , t Fl. H,E: f?'a utd Nr. 1 I - ` M-1110 SIDEWALK & UTILITIES EAS&I FOR AND Its -ONSIPFkATION f the srirr, ;t i I-and paid, Iit Of and the R. C. LAWLER, INC., a Florida corporation post OfficF_- Box 7792, t. Petersburg, FI. ?,373,?-7 ,t, iil if ?!I cl f? t!° th - CITE OF CLEAR WATF!:,'? 47 F1 f_ ici li1G 'k ?I f-rrent oveI, 1'11 I<I tt tI being til .i ?I1?-? CUunty of F Ifl II b I?? i I Portiolaof Lot,, 1, 2 and CLEARWATE R HEIGHT )F (ItA in Pl-,t Book H-4, PagE? 99, of the public records of Hillshoroucll3 t;?;;_?lrt ,5rict,i, ?i??h Pilrelia`? County was formerly a pert, being wore harticrrlariy ,% IH T as apply, nded hereto and by this reference made a part ifI,,,?cofl. Thj±_ is cgrmanted for installation and maintenance of a piilkc it. vE l ;, ,iC mast arm bas( are pole and underground and appurtenant utilities. Tf ?'IT`i' OF CL A V^ ATFR, FLORIDA, 1 ill `°I .. 'D I IFIIi Ifs III l f _ f ri_ ill till i ti'rl .. a I, 1 if I': .. ..ui 171 C rf 1rl If 1lii.? ha t aI'd f1',F? _ v- If ill I f - I If I f' 'ef t, i,l'i 1, i? t t, h l I ,. IU._ 'I , r?t! I fa r ?I it I I I I I I iI-e I If ., ,I I 4f1 . and 3f I,f';flli Frernises On twed jfu -,i _ . , Item # 26 Attachment number 2 Page 2 of 4 r .I ?;-sty-i ?' ( f.f li _ otrlr9E' I7 II' sp'y' 3{?'ITI ,'I"i P 41lf1 -:it (_[? he u I I i hail Ii, trl_1t_ I ?'1?1 ;? dJn lli'` Ill_lf_I IIISI[Ig froihl IN VV4TNI WHLR OF, th or ator h cpl these presents to, b duly ex ul ., i f 11 ; A, of i -j delivered I r- ? .F_. R. C. LAWLER, 1NC„. a Florida coft)urMion y: STATE OF FLORIDA COUNTY OF PINELLAS : II I ir1 tI' I I 1 f1 ?1 :,C?•f, 1 1 t I I tr I if t f^_ it r , f? if, f'.-;r Ul 4. 1 I- I My t Item # 26 Attachment number 2 Page 3 of 4 EXHIBIT "Al! Legal Description BASIS F BEARING r%f'E .CEw ASSUMED NORTH THAT PORTION OF LOTS I , CLL ' i TER. HEIGHTS SUBDIVISION, AS RECOPL-)C IN PLAT BOCK H-4, Pty _-F.: OF THE PUBLIC RECORDS OF HILLSF R UGH COUNTY, FLCRI A \ ?F WHICH F'I' Ft_L.AS COUNT" \;%'i'-S FORMERLY A PART), F,1 1c3 MORE RLJF TICU LARL DESCP I F" Fill ,,? FOLLOWS: THE SOUTH .00 FEET OF LOT I, LESS fNZ EXCEPT THE f ",?`T 10.00 FEET THERECFI AND THE NORTH 7.00 I EET F THE SCij i H 14,00 FEET, F THE WEST 11.00 FEET OF THE EAST 27.50 FEET OF LOT 1 THE SOUTH .01? F FFT OF LOT 2, THE SOUTH 5.25 FEET OF LOT 3, CL ARC ATEP HL WEFTS SUBDIVISION, AS RECORD EP IN P[_"T CI H-4, PAGE `1'', THE PUBLIC RECOPF) OF HILLSE ???°; FLORIDA, (CF PINELLAS CCUIf'!T Y WAS FOKI F ' I_`r Item # 26 Attachment number 2 Page 4 of 4 Basis J F` , in Ref , ,nce; A L1' i f , rte i 3 4 3 2 a? NORTH Les' N f ? r 0 fp ? f ? Item # 26 ?- Meeting Date: 12/16/20 10 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Grant and convey to Florida Power Corporation, doing business as Progress Energy Florida, Inc., a Florida corporation, a 10-foot wide Distribution Easement being situate within Glen Oaks Park, lying and extending adjacent to the west right-of-way line of Evergreen Avenue between Druid Road and the northerly right-of-way line of Turner Street, in consideration of the mutual benefits, covenants and conditions contained therein, and authorize the appropriate officials to execute same. (consent) SUMMARY: On January 15, 2009, Council approved a contract with Southeast Drilling Services, Inc. for the construction of Water Treatment Plants 1 and 3 Wellfield Expansion Project - Phase 1 (Project 07-0037-UT) to expand local water production for the City of Clearwater. The subject Distribution Easement grants Progress Energy authority to provide electrical power to operate well 1 - 3 of Wellfield 1 located in the southeast corner of Glen Oaks Park. 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 Item # 27 DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, their heirs, successors, lesseesR1 assigns ("GRANTOR"), in consideration of the mutual benefits, covenants and conditions herein contained, does hereby grant and convey to FLORIDA POWER CORPORATION doing business as PROGRESS ENERGY FLORIDA, INC., a Florida corporation ("GRANTEE"), Post Office Box 14042, St. Petersburg, Florida 33733, and to its successors, lessees, licensees, transferees, permittees, apportionees, and assigns, an easement to install, operate and maintain in perpetuity, such facilities as may be necessary or desirable for providing electric energy and service and communication systems, whether to or on behalf of telecommunication providers or other customers by GRANTEE or others, said facilities being located in the following described "Easement Area" within GRANTOR'S premises in Pinellas County, to wit: See Legal Description on the accompanying Exhibit "A" attached hereto and incorporated herein by this reference. Tax Parcel Number: 15/29/15/00000/410/0100 The rights herein granted to GRANTEE by GRANTOR specifically include: (a) the right for GRANTEE to patrol, inspect, alter, improve, repair, rebuild, relocate, and remove said facilities; further GRANTEE hereby agrees to restore the Easement Area to as near as practicable the condition which existed prior to such construction, repairs, alteration, replacement, relocation or removal as a result of GRANTEE's safe and efficient installation, operation or maintenance of said facilities; (b) the reasonable right for GRANTEE to increase or decrease the voltage and to change the quantity and type of facilities; (c) the reasonable right for GRANTEE to clear the Easement Area of trees, limbs, undergrowth and other physical objects which, in the opinion of GRANTEE, endanger or interfere with the safe and efficient installation, operation or maintenance of said facilities; (d) the reasonable right for GRANTEE to trim or remove any timber adjacent to, but outside the Easement Area which, in the reasonable opinion of GRANTEE, endangers or interferes with the safe and efficient installation, operation or maintenance of said facilities, (e) the reasonable right for GRANTEE to enter upon land of the GRANTOR adjacent to said Easement Area for the purpose of exercising the rights herein granted; and (f) all other rights and privileges reasonably necessary or convenient for GRANTEE's safe and efficient installation, operation and maintenance of said facilities and for the enjoyment and use of said easement for the purposes described above. The rights and easement herein granted are non-exclusive as to entities not engaged in the provision of electric energy and service and GRANTOR reserves the right to grant rights to others affecting said easement area provided that such rights do not create an unsafe condition or unreasonably conflict with the rights granted to GRANTEE herein. GRANTOR hereby covenants and agrees that no buildings, structures or obstacles (except fences) shall be located, constructed, excavated or created within the Easement Area. If the fences are installed, they shall be placed so as to allow ready access to GRANTEE's facilities and provide a working space of not less than ten (10) feet on the opening side, six (6) feet on the back for working space and three (3) feet on all other sides of any pad mounted transformer. If GRANTOR's future orderly development of the premises is in physical conflict with GRANTEE's facilities, GRANTEE shall, within 60 days after receipt of written request from GRANTOR, relocate said facilities to another mutually agreed upon Easement Area in GRANTOR's premises, provided that prior to the relocation of said facilities (a) GRANTOR shall pay to GRANTEE the full actual cost of the relocation as incurred by GRANTEE, and (b) GRANTOR shall execute and deliver to GRANTEE, at no cost, an acceptable and recordable easement to cover the relocated facilities. Upon the completion of the relocation, the easement herein shall be considered cancelled as to the portion vacated by such relocation. This legal description was provided by GRANTOR. This document prepared by R. Alexander Glenn 3300 Exchange Place I nke Mnrv_ Rl da 12746 Glen Oaks Park Druid Rd. & Evergreen Ave. Cr ? n N y ? b It z tf7 r r O C z y c n ?C 0 n C" C?7 C?7 n 0 w a w N G'Z z O b O C?7 n GRANTOR covenants not to interfere with GRANTEE's facilities within the Easement Area in GRANTOR's premises, and GRANTOR further covenants to indemnify to the extent of Florida Statute 768.28 and hold GRANTEE harmless from damages and injuries, whether to persons or property, resulting from the negligent or wrongful act or omission related to GRANTEE's facilities by GRANTOR or by GRANTOR's agents or employees. Nothing contained herein, however, shall be construed to waive or modify the provisions of Florida Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition, nothing contained herein shall be coWMWAH number 1 consent by the GRANTOR to be sued by third parties in any manner arising from this grant of easement, or as a Qtobf sovereign immunity. GRANTEE agrees to indemnify and hold GRANTOR harmless for, from and against any and all losses, claims or damages incurred by GRANTOR arising directly from GRANTEE's negligence or failure to exercise reasonable care in the construction, reconstruction, operation or maintenance of GRANTEE's facilities located on the above described easement. GRANTOR hereby warrants and covenants (a) that GRANTOR is the owner of the fee simple title to the premises in which the above described Easement Area is located, (b) that GRANTOR has full right and lawful authority to grant and convey this easement to GRANTEE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to and be obligatory upon the heirs, successors, lessees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the said GRANTOR has caused this easement to be signed in its corporate name by its proper officers thereunto duly authorized and its official corporate seal to be hereunto affixed and attested this day of 2010. GRANTOR: Countersigned: Frank V. Hibbard, Mayor STATE OF FLORIDA ss COUNTY OF PINELLAS: CITY OF CLEARWATER, FLORIDA By: William B. Horne, 11, City Manager Attest: Rosemarie Call, City Clerk Grantor Mailing Address: City Manager P. O. Box 4748 Clearwater, Florida 33758-4748 BEFORE ME, the undersigned, personally appeared Frank V. Hibbard, the Mayor of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and official seal this day of 12010. My commission expires: Notary Public Print/Type Name STATE OF FLORIDA COUNTY OF PINELLAS: : SS BEFORE ME, the undersigned, personally appeared William B. Horne, II, the City Manager of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be his free act and deed for the use and purposes herein set forth, and who is personally known to me. Attachment number 1 Page 3 of 3 WITNESS my hand and official seal this day of Notary Public Print/type name Approved as to form: My commission expires: 2010. Laura Mahony, Assistant City Attorney Attachment number 2 Page 1 of 1 COURT ST Glen Oaks Park -TURNER-ST - -i SALLY LN DRUID RD R- Q ROGERS Legend ?? Cl Easement earwater Progress Energy: Utility Easement Bldg Footprint W E Prepared by: Engineering Department Parcel Boundary Geographic Tech nology Division Ite m # 2T 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 Map Gen By: CD Reviewed By: EB Date: 11/18/2010 Grid #: 2966 S-T-R: 15-29-15 Scale: N.T.S. w. MyC learwater.com Attachment number 3 Page 1 of 1 EXHIBIT "A" Scale 1" = 100' THIS IS NOT A SURVEYH N89° 11' 25"W 10.00' F i 10' UTILITY EASEMENT DRU HEIG TS S S. P 24 G. 64 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT i - _TURNER STREET _ -_- o o L D z W > UTILITY EASEMENT SKETCH: Q BEGIN AT THE INTERSECTION OF THE NORTH RIGHT OF z WAY LINE OF DRUID ROAD AND THE WEST RIGHT OF W WAY LINE OF EVERGREEN AVENUE FOR A POINT OF BEGINNING. FROM SAID POINT OF BEGINNING GO NORTH 0'03'11" EAST, ALONG SAID WEST RIGHT OF WAY LINE Ld OF EVERGREEN AVENUE 666.29 FEET; THENCE NORTH > 89'11'25" WEST, 10 FEET; THENCE SOUTH 0'03'11" WEST, PARALLEL TO SAID WEST RIGHT OF WAY LINE OF W EVERGREEN AVENUE 666.29 FEET; TO A POINT ON THE SAID NORTH RIGHT OF WAY LINE OF DRUID ROAD; a) THENCE SOUTH 89'11'25" EAST ALONG SAID NORTH N RIGHT OF WAY LINE OF DRUID ROAD 10 FEET, TO THE 1 M (0 POINT OF BEGINNING o 0 Z i i i i i i d7 i 0 L ?N Z (z) O ? to i i i i i i i i i ORTH R/W i i i i i i Line N C J ry I-- U) W VACATED OR 13725-990 S89° 11' 25"E---/ DRUID ROAD 10.00' POINT OF -- BEGINNING City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 12/16/20 10 Award a contract (Purchase Order) to RTD Construction of Zephyrhills, Florida, in the amount of $1,651,067.55, for construction of the Pump Station Replacement at Marshall Street (WRF Project 09-0028-UT), which is the lowest responsible bid received in accordance with the plans and specifications for this project; approve a Work Order in the amount of $109,075.00 to Jones Edmunds and Associates, Inc., an Engineer-of-Record for the City of Clearwater, to provide Construction Engineering and Inspection (CEI) Services; and authorize the appropriate officials to execute same. (consent) SUMMARY: The Archimedes screw pump station, which pumps the effluent from the final clarifiers to the filter influent channel, was constructed in 1988. A submersible tri-plex 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 and hydraulic analysis in 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 includes replacing the screw pump station and the submersible tri-plex pump station with new pumps in an existing idle reclaimed water wet well. The project will also include the demolition of the existing screw pump station, the existing submersible tri-plex pump station and associated equipment. It is anticipated that construction will be completed in 265 days and be accomplished by the end of October 2011. Jones Edmunds and Associates, Inc., the engineering design consultant for this project and an Engineer-of-Record for the City of Clearwater, was responsible for the design of the improvements. Eight bids were received and RTD Construction was the lowest in the amount of $1,651,067.55 for the project. After comparing the bids, Jones Edmunds and Associates, Inc has provided a recommendation to award the construction of the project to RTD Construction and City staff concurs. Marshall Street APCF is located at 1605 Harbor Drive, Clearwater, Florida. Jones Edmunds and Associates, Inc. will be providing CEI Services to this project upon the approval of the Work Order. The City of Clearwater's Public Utilities Department is responsible for owning, operating and maintaining the Marshall Street WRF. Sufficient budget and Utility R & R revenue are available in 0327-96202, WWTP Screw Pump Replacement in the amount of $1,651,067.55. A first quarter amendment will transfer budget and 2009 Water and Sewer Revenue Bond proceeds from 0376-96664, Water Pollution Control R and R in the amount of $109,075.00 to 0376-96202, WWTP Screw Pump Replacement for total funding in the amount of $1,760,142.55. Type: Capital expenditure Current Year Budget?: No Budget Adjustment Comments: See summary Budget Adjustment: Yes Cover Memo Item # 28 Current Year Cost: $1,760,142.55 Annual Operating Cost: Not to Exceed: $1,760,142.55 Total Cost: For Fiscal Year: 2010 to 2011 Appropriation Code Amount Appropriation Comment 0376-96202-561300-535- $ 109,075.00 See summary 000-0000 0327-96202-563800-535- $1,651,067.55 See summary 000-0000 $1,760,142.55 Bid Required?: Yes Bid Number: 09-0028-UT Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Approval: Manager 8) Clerk Cover Memo Item # 28 Attachment number 1 Page 1 of 16 BOND NUMBER: CONT CT BOLD STATE OF FLORIDA COUNTY OF PINELLAS OW ALL MEN Y THESE PRESENTS: That we RTD CONSTRUCTION, INC. Contractor and WESTFIELD INSURANCE COMPANY (Surety) whose home address is P. O. BOX 5001, WESTFIEL CENTER, OHIO 44251-5001 SCREW PUMP STATION REPLACEMENT 09-0028-UT 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 payrnents 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. Pate Item # 28 Attachment number 1 Page 2 of 16 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 ags unst, 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 terns 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 , 20 ATTEST: WITNESS: COUNTERSIGNED: By: RTD CONSTRUCTION, INC. CONTRACTOR SURETY By: ATTORNEY-IN-FACT Page 2 Item # 28 Attachment number 1 Page 3 of 16 CONTRACT This CONTRACT made and entered into this day of , 20 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and RTD CONSTRUCTION, INC. of the City of ZEPHYR HILLS, County of PASCO 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 perfonn all labor, furnish all materials, tools and equipment for the following: SCREW PUMP STATION REPLACEMENT (09-0028-UT) FOR THE SUM F ONE MILLION SIX HUNDRED FIFTY NETHOUSAND SIXTY-SEVEN DOLLARS AN FIFTY- FIVE CENTS, ($1,651,067.55) 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. Page 3 Item # 28 Attachment number 1 Page 4 of 16 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In corinecti«n with the perfonnance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall 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 j2er day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $14000.00 12er 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 perfonnance 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 perfonnance 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 terns and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terns hereof shall be completed and furnished to the City in a form satisfactory to it. Page 4 Item # 28 Attachment number 1 Page 5 of 16 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. (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). ---(Seal) Attest: Rosemarie Call City Clerk Approved as to form Camilo Soto Assistant City Attorney (Contractor) By: - (SEAL) Page 5 Item # 28 Attachment number 1 Page 6 of 16 CONTRACTOR'S AFFIDAVIT FOR FINN.. PAYMENT Lc®?®-®N F®R1?I? STATE OF _ COUNTY OF On this day personally appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, who after being duly sworn, deposes and says: That he is the CONSTRUCTION, INC. a Florida Corporation, with its principal place of business located at _ 5344 9Tn STREET, ZEP YRIIILLS, FLORIDA 33542 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day of 20 , with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of: SCREW PUMP STATION REPLACEMENT 09-0028-UT 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 payrnent 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 This day of , 20 NOTARY PUBLIC My Commission Expires: RT CONSTRUCTION. INC. AFFIANT BY: PRESIDENT (TITLE) of RTD Page 6 Item # 28 Attachment number 1 Page 7 of 16 PROPOSAL BOND (Not to be filled out if a certified check is submitted) Executed in 4 Counterparts The condition of the above obligation is such that if the attached Proposal of RTD Construction, Inc. as Principal, and Westfield Insurance Company as Surety, for work specified as: Bid #09-0028-UT; Screw Pump Station Replacement @ Marshall Street W RF Signed this 17th day o f November 920 10 , (Principal must indicate whether to d . ® A Flori& ticn corporation, partnership, company or individual) SedionV (2) Page 7 of E4 9/27/2066 Item # 28 of Attorney Westfield National Insurance . CERTIFIED COPY i Farmers Insurance . Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to Individually as a "Cc -iy' and collectively as "Corpanies,` duly organized and existing under the laws of the State of Ohio, and having its principal office in Westtleld Center, Medina County, Ohio, do by these presents make, constitute and appoint DON BRAMLAGE, JEFFREY W. REICH, LESLIE M. DONAHUE, SUSAN L. REICH, PATRICIA L. SLAUGHTER, GLORIA A. RICHARDS, TERESA L. DURHAM, LISA A. ROSELAND, CHERYL FOLEY, J. GREGORY MACKENZIE, JOINTLY OR SEVERALLY of MAITLAND and State of FL its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- • - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: -Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.' 'Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 13th day of APRIL A.D., 2010 . y, Corporate p°?uWkR/C? ()N ® Affixed aoto WESTFIELD NATIONAL INS RANCE COMPANY OHIO FARMERS INSURANCE COMPANY SE x ccgs ? •.? <7Ai rn, _?. ?. -®a ?- 1848 tag f ??// f State of Ohio *,., .... By: County of Medina ss.: Richard L. Kinnaird, Jr., Senior Executive On this 13th day of APRIL A.D., 2010 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument: that he knows the seals of said Companies: that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies: and that he signed his name thereto by like order. Notarial N w......,,, Seal ; awl A L x'a Affixed \.? ® ?•g "Ail `-•. William J. Kahelin, A rney at Law, Notary Public State of Ohio = N== v qmp o My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.: A Tom; qT£ of o I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect: and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 17th day of November A.D., 2010 ONAI [SEAL s? sE. :me 'AL ART 148 secrwary Frank A. Carrino, ecret 4,,Ul? BPOAC2 (combined) (05-02) Item # 28 Attachment number 1 Page 9 of 16 AFFIDAVIT (To be filled in and executed if the bidder is a corporation) 4' a_ C I ? COUNTY F Pasco __ ) Marjorie Jordan being duly sworn, deposes and says that he/she is Secretary of RTD Construction, Inc. a corporation organized and existing under and by virtue of the laws of the S? c.. londa, and having its principal office at: 5344 9th Street Zephyrhills Pasco FL. Street & Number city State Aftia t f uth er sa rs that he is familiar with 'Ohe records, minute -' o l;s and t?? m asp ? u R.TD Construction, Inc. .? `' FCC (zr ncr ay. cf? yt Dannie E. Jordan President (OF'ccr`s Name), (litle 0[the c?o?rporaty s d,,i' v aa_:' g # e t'ro,; -a4 i3 IZTD Construction, Inc. foE said u)rporation by virtue o Provision of by_laws F-'tafe wh t tera prov"."lon n by ¶ Caa a o a Req u"' of he Htmrd of 1315- ,---tors, [f by Rest date or doption). Marjorie Jordan Sworn to before raze this 17th day of November ? 20 10 . !'NDSAY 1Y C", ; `'I SiON 4 DD 758819 June 6,2012 - - nc Riau Pu?lic UndPnvri.ers Type/print/stamp name of Notary 't'itle or ra ta, and Serial No., if any Item # 28 Attachment number 1 Page 10 of 16 r) AFF AVM -kTE OF ]FLORIDA COUNTY OF Vasco Dannie E. Jordan being, first duly sworn, deposes and says that he is President of R'TD Construction, Inc. , the party making the foregoing Proposal or Bid; that such Bid is genuine and not wil>tusive or sham: that said bidder is not financially interests or oth,'srwise affliatDl in a business way with any other bidder on the same coo-, znct; that s, bidder hps riot colluded, conspir , connived, or° agreed, directly or indirectly. wirdz any bidr,.?.rs )r in sham bid or that such u-:1uT ?.._,,...t sliatl zefra n fT077,~ bidE.gy, 1 has not in ;r i...._. - 4 d"- , .,.ly or indirectly, c uOit by :LL °:ne t or colltusi071, Or c?oirrrrruaric as l rr ui ?e rr¢ c. , e itl; peT n n to fix the bid °7-' r(: - - nt any ether bidder, of to fix any overhead, profit or Cos! C' tt f saki: Ndl lrric.e, or that of wiy ether bidder, or to se-:crie any adv mlt<a a Fain rE tlr City of 4 Pl ,rida, or anv interested in the prop(ised Contract; and that aI, eta". etjts ca in said prc,-,( . : id are "id iimher, that such bEdder ho ?, not dir°Cctlw C)r Indirectly its r •< r,Y. the cr it,-•itis thereof, nr divuIged inrlcnrmar Ion or dat a relative thereto to anv assoclat ion or my zr;7, ,ber or aizent thereof. Sworn to and subscribed before ruse this 17th day of November , 20 7 MELINDA LINDSAY Item # 28 t a= PAY 00hhMiSSiQN 0 0D 755819 - EKPlFfES: June 6, 2012 Noutry Public `',nu ti?tarv Public" wntars Attachment number 1 Page 11 of 16 PROPOSAL (l) W A ,. ' DA, for SCREW PUMP 'a °.AT10N REPLACEMENT AT MARSHALL ST RE ET ll (P ®J C'' #: 99°0028-UT) and doing such other weak incidental tht-_-, all in accordance with. the contract documents, marked SCREW PU P t? - -- )N REPLACEMENT AT MARSHALL S 7 EE'T` .1 (PROJECT ft., 09-0028-UT) livery bidder must take notice of tl - tact that ev,-, though his , _ .Dosal be accepptr° and tlne d(.)cuments siiicxl by tlic lptdalc.i to :vltcv_u1i dpi awadd is :made and by tlacr `::i6?t ai rs ..ani"A.:S to dcr 4c1 ci?'r6jha£`E?f the City of Clearwater, Flolici , that ii,-- such a,; ,,-d or shall be c'-"-i o,_ered a binding contract without a ceirtiflcatc ft o- the Fin'adc fl-iat fA nd,, me available to c - f" ' ,° work- to be done., or without the i ;al of the ?` 1y Attr-7°1-vy as to tine form and le,?aliit t za t ;--d all tllE Jti F$di"seF?it L tDC Htd1eiA` -in _g ther ¢ '`awing, been aT,- %.-ed by 5? d9d City At'' .)nl N ` 'i d 'd-" :r is hey-ebv charcred with this r °-ae_ The smr(7 of the proposal, as bi?' also d.edares that the only person, persons. company or p=lies interested in this Proposal, are named in this Proposal, that he has carefully examined the Advertiscm;rnt, lrlstractions to Bidders, Contract Specifications, Plans, Supplemental Specifications, General Conditions, Special Provisions, and Contract Bond, that he or his representative has made such investigation as is necessary to determine the characte,; and extent of the work and he proposes and agrees that if the Proposal he accepted, he will contract with the City of Clearwater, Florida, in the forrn of contract; hereto annexed, to provide the necessary labor, materials, machinery, equipment, tools or apparatus, do all the work rewired to cots rrlete the contract within the time mentioned in the General Conditions and according to the requirements of the City of Clearwater, Florida, as herein and hereinafter set forth, and furnish the required surety bonds for the following prices to wit: Item # 28 Attachment number 1 Page 12 of 16 PROPOSAL (2) Attached hrr.,.?. is a bond or a°-iiied check or, Paink, for the suns of.. 1"?he t'ul? naTi- i es a-ind ??tgden es <_ f 4,.1 r #, < `spas E -sd _ 'ed s he ",-e ?<,e.., grid ? Ua ;I-q ti`ol?s (If corporation, live the RrXd addresses -,f zhe y?r??ira,,r« ,arae? q ,-T-et27- If fir°aa esr partrl€nhip,, the naves and addrcrses o the- me bers or pailners. -7- Bidder shall list not oqr y his name, but also the name of any pemr--, with whom bidder has type of a eernent wht-s°nby such person's improvements, enrichment, emplo°y-ncnt or possible benefit, whether sub-contractor, rrraterialman, went, supplier, or employer is contingent upon the award of the contract to the bidder). NAMES: Dannie E. Jordan- President Marjorie Jordan- Secretary ADDRESSES: 27646 Johnston Road, Dade Citv, Fl. 33523 10240 Newsome Road, Dade City, Fl. 33525 * A Florida Corporation Siri ° ,re of Bidder: Dannie E. Jor( bidder must indicate whether Corporation, Partnership. Company or Individual). Item # 28 Attachment number 1 Page 13 of 16 PROPOSAL (3) ne person signing shall, in his own hand -ruing, sipTn the Principal's name, his own name and his title. Where the pcrsorn signing for a corporation is other than the TTI°csidennt or Vice-president, he rnusty by affidavit, dhow his authority, to bind the corporation. By: `l°itle: President Danme E. Jordan _-.?-- ? _ ? -- Business Ad, of Bidder: L3344 9th Street Clre , and Mate.: Zephyrhills, PL. - Zip C°4scie. 33542 9:00 A.M. ffiii; 17th day :jt' November All- 2A10 - Item # 28 Attachment number 1 Page 14 of 16 Addendu , Date: J 00 Addendum No. - Date: Addendkirn No. D-, er, Addy ,dum No. Date: Add, -,duni No, Date: Addendll"li'I' No c dend ,7 No Addend?iml No. Addendum, No. Addendum No. Addendum. No. Date: Date: Datc: _ Date: Date: ??n°??a2aa-e ;?? Dannie E. Jordan,President (Title of Officer) Nov. 17th, 2010 (Date) RTD Constructio Inc. der of Redder Item # 28 Attachment number 1 Page 15 of 16 BIDDER'S PROPOSAL PROJECT: SCREW PUMP STATION REPLACEMENT AT MARSHALL STREET WRF (PROJECT #: 09-0028-UT) ITEM NO. DESCRIPTION EST. UNIT PRICE UNIT QTY TOTAL. MARSHALL STREET WRF - SCREW Pump RE.PLACEMF NI' 1 Mobilization/Demobilization 1 LS 2 Demolition of Screw Pump Station and Existing 1 LS Filter Feed Pump Station 3 Retrofit of Existing Reclaimed Water Wetwell I LS- ° 4 By-pass Pumping for Connection and Testing of 1 LS New Wetwell 5a Furnish and Deliver Submersible Pumps-ODP 1 LS" .( Item 5b Submersible Pumps Sales Tax 1 LS L f ;, ? % 1? r 5c Installation, Testing and Warranty of I LS Submersible Pumps 6 Electrical, Instrumentation, and Controls for 1 LS Submersible Pumps 7a Furnish and Deliver Motor Control Center 1 LS (MCC)- ODP Item 7b Motor Control Center Sales Tax 1 LS LY 7c , Installation, Testing and Warranty of Motor I LSD' ? Control Center (MCC) 8 Generator Building Upgrades (air conditioning, 1 LS lighting, etc.) e 9 SCADA Integration 1 LS 10 Pavement Restoration 1000 SF 1 I Fill Material to Replace Unsuitable Fill 500 CY 12 Lightweight Concrete Fill 150 CY , Base Bid Subtotal (Bid Item Nos. 1-12) Subtotal Owner's 10% Contingency (Bid Item Nos. 13) Base Bid Grand Total (Bid Item Nos. 1-13) ADDITIVE AUI'ERNATE (Approval by the Owner and Engineer is required prior to proceeding) ITEM DESCRIPTION EST. UNIT PRICE TOTAL, NO. UNIT QTY 14 Removal of 48-inch RCP 1 LS e Additive Alternate Subtotal (Item No. 14) 15 Owner's 10% Contingency Additive Alternate Total (Item Nos. 14-15) Item # 28 Attachment number 1 Page 16 of 16 C N ° CTO . RTD Construction, Inc. BIDDER'S GRAND TOTAL IB,:DZ R'G TOTAL irnbors) - (Words) BIP <. t ^< _ r_:? r ' AIJ r ??. 'I E GRAND TOTALS Numbers) ALTERN GRAND TOTAL - (Words) - BID-'-Y 7S GRA N OT_, f ,A_.. 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W c - - 0 0 0 0 0 0 0 0 0 0 0 0 0 ? U c - _ 0 0 0 0 0 0 0 0 0 0 0 0 0 ? ? ^? x U w '? c c - ' _ m o o o o N ? o o o o m ?o v, ?0 0 0 0 0 0 0 ? r. oo 0? .? C ? yi 0.' G . ? ? O N ? O O ? O O O O ?p p z u O U ? y d o F" "6 '-' ° m m m m m m m m m m m m m w >, >, m ° ? ? a a s a a s a a a s a a a ? o o ? o o a ? ? ? ? a o ro ? ? ~ ? o Q p o ? o on c = ? ? . a ? p o F? d U T ? C o w y ? O O N ai G? U G? Q 0 0 N ai W O z z z a O A Attachment number 2 Page 1 of 1 Attachment number 3 Page 1 of 9 a JONES EDMUNDS & ASSOCIATES, INC. WORK ER T `I'I®N FORM for the CI'T'Y F CLE AI`ER Date: September 28, 2010 Project Number: 03720-033-03 City Project Number: 909-0028-UT 1. PROJECT TITRE: Limited Construction Phase Services for the Marshall Street WRE Pump Station Replacement Project 2. SCOPE OF SERVICES: Jones Edmunds & Associates, Inc. (Jones Edmunds) is pleased to provide the City of Clearwater with this proposal for the Limited Construction Phase Services to assist the City during the construction phase of the Marshall Street Pump Station Replacement Project. The upgrades/improvements include the following: a. Retrofit existing reclaimed water wetwell to include submersible pumps with VFDs, associated piping, electrical, instrumentation, and control systems. b. Cutting 48-inch clarifier effluent pipe and installing junction box and new 48-inch DIP to tie into existing reclaimed water wetwell. c. Provide temporary bypass pumping to allow connection to the retrofitted wetwell and abandoning of screw pump station. d. Convert the old generator building into an MCC building and perform other generator building upgrades, such as installation of air conditioning and lighting and related works. e. Demolish the existing screw pump station and filter feed pump station and associated equipment. The construction schedule for the project is 265 days from Notice to Proceed (NTP) to the Contractor. The proposed scope of work is as follow: I - PRE-DESIGN PHASE Not applicable Iteph6e218of 9 Attachment number 3 Page 2 of 9 II - DESIGN PHASE Not Applicable III - FINAL, DESIGN PHASE Not Applicable N - BIDDING PHASE Not Applicable V - CONSTRUCTION PHASE A. Limited Construction Phase Services -Pump Station Replacement Project Task 1- Post Design Engineering Services The Post Design Engineering Services provide include the following: a. Pre-construction meeting - Jones Edmunds Project Manager and Construction Administrator/RPR will attend one pre-construction meeting with the City's engineering and operations staff, contractor, and other applicable representatives. Jones Edmunds will prepare the meeting agenda. In the meeting, we will review lines of communication, project requirements, schedule and milestone dates, required contractor submittals, monthly payment applications, Request for Information (RFI) procedures and other key project information. We will prepare the meeting minutes and contact list and submit this infonnation to City staff and contractor within 5 days following the meeting. b. Shop drawings and submittal review - Jones Edmunds has budgeted for the review of 40 submittals including shop drawings, O&M manuals, and product substitution for compliance with the Contract Documents, diagrams, by-pass pumping plan, illustrations, catalog data, project schedule, schedule of values and samples inclusive of re-submittals. These submittals will be reviewed for conformance with the contract documents of the project to ensure that the proposed facilities will operate and achieve performance requirements. Jones Edmunds will coordinate the review process and maintain a submittal review log. Reviewed submittals will be distributed to the Contractor and the City's Project Representative. C. Respond to RFI - Jones Edmunds has budgeted for the review and response of 20 RFIs that will include but not be limited to: technical interpretations of the drawings, specifications, and contract documents to meet design intent and performance requirements. Jones Edmunds will maintain a RFI receipt/response log. Reviewed RFIs will be distributed to the City, Contractor and the City's Project Representative. Itert?42$ of 9 Attachment number 3 Page 3 of 9 d. Site visit with Contractor - Jones Edmunds Project Manager and/or RPR will attend one site visit upon request by the Contractor to review scope of work and site issues prior to Contractor mobilization. Task 2 - Limited Construction Services Jones Edmunds will provide the following services during construction of the project: a. RPR - Jones Edmunds will provide one RPR on a part time basis (20 hours per week on average) to observe the site construction activities during the construction period (estimated at 24 weeks for a total of 480 hours). It is estimated that the site work will be completed within 24 weeks. The RPR will: i. Observe the work related to the design requirements, verify quantities, and review the Contractor's "As-Built" redlines. ii. Prepare a site report after each site visit on observed activities, progress, discussions, and any identified deficiencies. A copy of the report will be provided to the City. iii. Review Contractor's request for payment, compare the request with the work completed, verify accuracy and recommend appropriate action by the City. iv. Attend and assist with administering 8 monthly progress meetings with the Contractor and the City to review project status including work progress, schedule, submittals, change orders, RFls, and Contractor's 2-week look ahead. The meetings will be held at the Marshall Street APCF's operator break room. The RPR will prepare minutes of meeting and distribute it via email to all attendees and other stakeholders. V. Review 3 requests for change orders from the Contractor or from the City, and provide recommendation to City for action. The City Project Manager will prepare and issue the change order. vi. Witness equipment testing and review testing reports. vii. Arrange and attend operation trainings by the Contractor and equipment manufacturers. b. Project Manger/Engimer - Jones Edmunds Project Manager/Engineer will attend eight (8) monthly progress meetings and conduct 8 site visits/meetings to observe the work progress and to resolve any technical issues. c. Provide general contract administration including interpretation of the Contract Documents, general correspondence with the City, Contractor, jurisdictional agencies and sub-consultants; and coordination of construction activities (observation, training, equipment startup, etc.) between the appropriate personnel. Task 3 -- Post Construction Services Jones Edmunds will provide the following Post Construction Services: Iterpa#e2$of 9 Attachment number 3 Page 4 of 9 a. Substantial completion and final walk through - Jones Edmunds RPR will attend one (1) substantial completion with the Contractor and the City's operation staffs and to prepare punch lists for the Contractor to complete and/or correct items that are required by the Contract Documents. Jones Edmunds will attend one (1) final walk through with the Contractor and city's operation staffs to inspect the punch list items and/or items to be completed by the Contractor. b. When the Contractor certifies that the Work including all punch list items have been completed, perform one (1) final inspection of the completed work with the City (operations, Public Utilities, and Engineering) and prepare the Engineer's Certification for submittal to FDEP. c. Prepare Record Drawings (based on the "As-Built" Drawings prepared by the Contractor), signed and sealed by the Engineer of Record, and submit three (3) hard copies and one (1) electronic copy to the City. d. Prepare a Filter Feed Pump Station Process Operation and Maintenance (O&M) Manual for the facility. Five (5) draft copies of the O&M manual will be submitted to the City for review. The manual will be finalized upon review by the City_ Three (3) hard copies and one (1) electronic copy of the final O&M manual will be submitted to the City. e. Project Close-out - Jones Edmunds will prepare and submit to the City a final set of construction documents, spare parts, and a final administrative change order. 3. PROJECT GOALS: The goal of the project is to provide Limited Construction Phase Services to the City during the construction of the screw pump station replacement at the Marshall Street in order to observe the construction activities and the successful completion of the project. During the construction of the project, Jones Edmunds will provide post engineering, construction, and post construction services. At the end of the construction work, Jones Edmunds will deliver to the City the following: a. Three hard copies and one electronic copy of the Record Drawings, b. One hard copy set of project close out documents which include submittals, equipment operation and maintenance manuals, training manuals and training material per contract requirements, submittal logs, change orders and change order logs, RFI logs, and final payment application. C. Three hard copies and one electronic copy of the filter feed pump station process operation and maintenance manual. 4. BUDGET: Our fee for the Construction Phase Services is summarized by task in the attached table (see Attachment B). This fee includes all labor and expenses anticipated to be incurred by Jones Edmunds for the completion of these tasks, on a time and material basis, for a not to exceed fee of One Hundred Nine Thousand Seventy Five Dollars ($109,075.00). Iten&20of 9 Attachment number 3 Page 5 of 9 5. SCHEDULE: 6. 7. 8. Our fee is based on the premise that the project will be completed 265 days from issuance of notice- to-proceed to the Contractor. STAFF ASSIGNMENT: City's Staff Kelly O'Brien Project Manager David Porter Wastewater Environmental Technology Manager Jack Sadowski Lead Operator - Marshall Street WRF Jones Edmunds Staff Thomas Friedrich, P.E. Jack Drwiega, P.E. Claus Schirk Elizabeth Johnson, E.I. Robert Toth, P.E. Bilgin Erel, P.E. Client Service Manager Project Manager Resident Project Representative/Construction Administrator Project Engineer Electrical/Control Engineer Structural Engineer CO + SPONDENCE/ POR'T'ING PROCEDURES: ENGINEER's project correspondence shall be directed to Jack Drwiega, P.E.. All City project correspondence shall be directed to Kelly O'Brien, City's Project Manager with copies to others as may be appropriate. INVOICING/FUNDING PROCEDURES: Invoices will be submitted monthly to the City of Clearwater, Attn:, Deb Lutz, Senior Staff Assistant, Engineering, P.O. Box 4748, Clearwater, Florida 337584748, for work performed. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 0376-96622-563100-535-000-0000_ Iter*#28 of 9 Attachment number 3 Page 6 of 9 9. SPECLAL CONSIDERATIONS: a. Construction administration will be provided by others except those described in Item 2 above. PREPARED BY: Stanley F. Ferreira.. PE Chief Operating Officer Jones Edmunds & Associates, Inc. APPROVED BY, ?Michael D. Quillen, PE City Engineer City of Clearwater Date Date This Work Order Initiation Form, dated September 28, 2010, is issued in accordance with Paragraph 2.2 of the Agreement for Professional Services between the City of Clearwater and Jones Edmunds & Associates. Inc. dated August 10, 2009. All other provisions of the referenced Agreement remain in effect unless subsequently changed in writing and signed by both parties. Iten4of 9 Attachment number 3 Page 7 of 9 !L Liter CITY OF CLE. R A".l LIZ ENGINE E RING DEPARTMENT WO ORDER INITIATION FO Attachment "A" CITY DEL '-".' 'LES FORMAT The design plans shall be compiled utilizing one of the following two methods. 1. City of Clearwater CAD standards. 2. Pinellas County CAD standards 3. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. DEL I_ - °_._, LES The design plans shall be produced on vellum or bond material, 24" x 36" at a scale of I" _ 20' unless approved otherwise. Upon completion the consultant shall deliver all drawing files in digital format with all project data in Land Desktop 2000 or later including all associated dependent files. NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727) 562-4762 or email address tom mahonygelearwater-fl.com All electronic files must be delivered upon completion of project or with 100% plan submittal to City of Clearwater. IterPae;2-Pof 9 Attachment number 3 Page 8 of 9 Task Description Subconsultant Services Labor Total 1.0 Pre-Design ___ _ 1.1 Project Management Plan $0 1.2 Progress Reports $0 1.3 Coordination $0 1.4 Meetings $0 1.5 Task Allowance (10%) $0 _ $0 2.0 2.1 Design Ground Surveys (xyz, Inc.) $0 $0 2.2 Geotechnical Services $0 $0 2.3 Utility Locations by Vacuum Excavation (10) $0 $0 2.4 Task Allowance (10%) $0 ' $o 3.0 1 Final Design Plans and S ecifications 3.1 30% Submittal _ $0 3.2 60% Submittal $0 3.3 90% Submittal $0 _ Final Construction Documents d $0 F Task Allowance (10%) $G i $0 4. Permitting Services 4.1 Prepare & submit applications $0 4.2 Task Allowance (10%) $0 $4 5.0 Limited Construction Phase Services 5.1 Post Engineering Services $0 $14,100 $14,100 5.2 Construction Services $10,275 $57,500 $67,775 5.3 Post Construction Services $0 $20,600 $20,600 5.4 Task Allowance (0%) $0 $0 $0 Subtotal, Labor and Subcontractors $102,475 Permit Review Fees $0 postage, etc Other Direct Costs (prints, photocopies, $6,600 Grand Total $ 109,075 Iter1Aa2t3 of 9 Attachment number 3 Page 9 of 9 APPROVAL CHECKLIST i Name ?? 1 isle n Bennett for Public Utilities I racy Mercer Director Scott Rice Asst. Director of EngRroduction t> t Fahey Utilities j Engineering --initials" 11 bate tceviewea E Mahony Geographic Technology Manager Crawford -- , _ U . f Public Utilities i ,i.r is 5- r?sc rn S nior ,accountant ji 0 IteM 2)$,f9 Attachment number 4 Page 1 of 1 y) ' C U o Cl t Name: Marshall St. WRF Legend ' Bldg Footprint N earWa er U Pump Station Replacement Parcel Boundary Outside CLWTR City limits W E Prepared by: Engineering Department Geographic Technology Division : L 7 r Clearwater Service Area Ite m # 2& 100S . Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www. MyC learwater. corn Map Gen By: CRM Reviewed By: KO Date: 10/28/2010 Grid #: 269A S-T-R: 10-29-15 Scale: N.T.S. City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 12/16/20 10 Approve First Amendment to the Cooperative Funding Agreement between Southwest Florida Water Management District (SWFWMD) and the City of Clearwater for the Chautauqua/Coachman Ridge Reclaimed Water Project (L810) and authorize the appropriate officials to execute same. (consent) SUMMARY: The original Cooperative Funding Agreement (CFA) between Southwest Florida Water Management District (SWFWMD) and the City of Clearwater (City) for the Chautauqua/Coachman Ridge Reclaimed Water Project (L810) was approved at the May 15, 2008 City Council meeting. Due to low construction costs the City is experiencing in constructing/installing reclaimed water (RCW) pipelines in the city, this amended CFA will provide for the additional design, permitting and construction of reclaimed water transmission mains and distribution piping adjacent to the Chautauqua area. As approved previously, SWFWMD will reimburse up to 50% of all costs associated with this project up to the original $ 1,977,000 limit. The City of Clearwater will ensure that the reclaimed water infrastructure related to the project is constructed, operated, and maintained in such a manner that it will continue to be utilized to its proposed capacity, as described in the cooperative funding agreement for a minimum of 20 years. The City of Clearwater agrees to perform the services necessary to complete the project in accordance with the amended original agreement, Exhibit A, and the Project Plan set forth in Exhibit B. Any changes to this scope of work and associated costs, except as provided within the CFA, must be mutually agreed to in a formal written amendment approved by SWFWMD and the City of Clearwater prior to being performed by the City of Clearwater, subject to the provisions of the Funding as outlined in the cooperative funding agreement. The project completion schedule is as follows: Full Design and Permitting Commence - May 30, 2008 Construction Commence - December 31, 2009 Complete Construction - December 31, 2011 Agreement Terminated - December 31, 2012 There is no cost to the City associated with the amended SWFWMD Agreement. Type: Other Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: to Budget Adjustment: Annual Operating Cost: Total Cost: None 0 Cover Memo Review Approval: 1) City Manager 2) Clerk Item # 29 Attachment number 1 Page 1 of 7 A Rr-T7',Jf_ 'T NO, FIRST AMENDMENT T AGREEMENT BETWEEN 1...I iE SOUTHWEST' FLORIDA VR'/ TER I'.1ANACtt I !Fl- l F)I I P T AND C11 Y OF LEARWATER FOR DESIGN AND CON TFI-,, . 11011 (-;F- THE CLEAR WATER CHAUTAUQUAICOA H A N RC ? /"01.11 i EIS PROJECT (1810) This; FIRST „f.lE I Jf:!P,:'1E i J r c)r7t r(,(t into end effertivl- ilii-, i t;r ?t(il , ` n1 by and FC_r V.11,!rTEI f•?'1?''?fJ,??,'?f f.1? l'J1 i-T- 1 f (I T, --i Public i lle`?i ? Bpi Florida f? F?If c jii )r, h i: df ,. F kI'' -w,i the CITY OF I 11 F; 1 ,,rrr io(l al i,, 112 oath Post Office 17) ,I l8, Clearwater, he.+.In.floc l? f, ,red to ,;s ih- "t,ITY." WITIESETFI. HFREA , the DISTRICT and the CITY entered llt a an i ar, ? rront effect E; () Arr ")er 31, 10(C ri Trial A reernent:) for the d tr , perniittmq tiled G ,,( .:tlt ,;ll r of rC I,Jrrir,j ter ?? :•l?liL i ;,l and distribution it fr, tru: i.i rr? in the t?I , lI 3ll ? lr ??d Coachrn.. ii y?rF: ,.? cif CIF.-ir, J fr r: id WHEREAS, the her{ ?o .vi:sh try lai t?lla the Original A 11?C;Il :rlt ti) rrlndify the ?-s (,?, c)f work and e• tc-ndl thy-; contra; ;r b?, on year in order to t El}fly ,?dcliti > r?l r t?an?ers it no additional PROJECT cost THEREF(-)RE in ()ncziik.;rRtion of fho W, Tot term, c. ,'.,(,runt`. mc! rer`,11Ii;:lls ,ni.,ir oct h?vl,-iri, the to airwiid thw,; Ors in ! v ??? r??t rat, f _ Live t otob, r 31, 2007, -v follows: 1. l fr ,ph : Funding, is hereby amended to rC i 3' . lei ill nt r? iy as follows: The CITY r, r, nines that the DISTRICT t ; lpproved for the PROJECT through Fiscal Year 2010, 2. ',.ir:,`.I ipr) , Contract Period, is hereby milerded f(, t nd the r ?i`,ir ttl 1, ,..late of Dec ,rrrber 31, 2011 in the Original A+greerrru(it to Dec_ol„i 1, 2012. 1 Exhi!xit /\," Paragraph 6, Completion lj,LrO,,,, wl c,nded tc uirn fir??f sent(!rloe in its entirety as follows:. The CITY will ornmence con--t[i .tion on f iu FNOJE T b Dec&e 'Ii-,?,] ;'J1, 21109 and will oornplete the PROJECT by December 31, 2011. Item # 29 F,; I A2 Attachment number 1 Page 2 of 7 4. vt 0) t "B," Prorr-,Ir?,! Pr, ? t Plan, i h, f F pl '` .{ A In its entirety with Exhibit "B," t'rui -1 t f'lar'e atf.[ `i :i The terrn :?E?f? ?nf _,n (?Iflditicl :r:t tirrff in th+ f t that l[a}, r?? t [){?t.n -peclfieally ?1[ I???ff fi,,,,r h("-rein ?If (It-Wil1e ifl nr? -1f. hereby r,Jifie , ?i >,fid eenf nr-ried, anal will remain lJr III[I?a IIEjr?f[ thIt% Palrti??7 h!?ri'f.. ll',J VVIT I .)[, the parties hr-CEGfo have:; , i.ifed this FIP'?1 17tl' Il f I j l? i vf yt.lr -f ; :III Jt? their i??lfllflll? I { . SOUT HVVES T FI_ r RID)'' !", ATER t,.1ANAGEMENT DISTRICT By. - D, CIS` F CLEAF ?'JE y" -- -- Frank V. Hibbard, Mayor By: .._.. e Bill Horne, City [ 1. f?,_Ir?er Aptt,Iu v,t1 11?, t form: Bv: Cate }ate C? l t /91tit `?f "Please Sign Here II By: City Attorney Cynthia P. Cori c _ I [, City Clerk i.'_U HV,)EST F" ?T DISTRICT i L( LR' I_ h i l.) IIN L!'". PrC:JECI (U"010) ir, h f l f`,! I ,«o II _a; of Ifs: Item # 29 Attachment number 1 Page 3 of 7 EXHIBIT ::B„ PROJECT PLAN COOPERATOR: City of Cis 1!ier, FIn6',,q PROJECT: City of Coachman Ridge (L810) PROJECT INFORMATION 1. TYPE OF PROJECT: This elt?_?rrl ,tl• w,?t? r sr.?i ;?I PROJECT ilin,-J-,is (if fli- J ` rral?, ICE I?fI+f,?IINr 11111 r""C7nstru1,. k?I1 [ii In 1',''' Iti r tr°,-I ri?rrlr ll(? rIIFII II I I)1i7I lire ri1 If14,JUdt6 2. PROJECT OBJECTIVE; The goal of this PROJECT is to rf { l r. xl frt c; poft de water arid pcitihlE; gl'O rndweter used t?)r irrigation nii {:tllE:r I,r,l; l t,rl l :rises with recleiii, _I eft r, This encf?p vor represt-nf?, timely oppert? nifty hE Iuv-,rccge CITY and I I TFIC i funds for a prn} ni-t that wile k-, Irlti1 ?1 in offsetting high pj t il,lr t-;r` use in x ,- tf s" It l« not hive t? :e< to rf- 1, iirit(:i rw??rtF:r The PROJECT below will tiitit the CITY in ett iirwig tliu cgolfl of uildiptl citywide reel lrri?-,d 'vv' {ter systorn. . PROJECT DESCRIPTION: A. PROJECT In-, tierr lr1 p for ft l}If,I,. l ,nd the C!I oliw !Ir .Ce chrnwi qtr _,_i is i B. The PROJECT lm;tr_t(!es: Approximately 9,500 linear feet of 12" di meter° rc(i {imed water transmission rains Approximately 54,55 lirr _ 4" to " di mef,w _ r t -l_r`nied water distribution lures. C. There X31 { proximately 80` ?I>> I1tr 1 r{',;I,t r sidentrel cm,f ills r in the PRt JE'"T'C distribution ,? rvice area of ?, I li{ i . rl,i,{ µ •.im tely 559 h;-,,rf1 in-c1f of m irl icy ihun v-t lr s. AI-pn)xirriotely 315 custonwr:, ,,,It iin the service r'e;-, c11'(1 tls,irjc,J potfrble lawn meters, ant ,mother I LIJ) ;;r( ?[ riJ ttirrJ °, ith E {,t;-{' Ic f }r€ 1 ",?i+ ter°s (w) lawn r-neters , for a t kt 3' of 40;',r.?t<<I I;-r I l l a if t_?fl t_ 11 ,1{ li'E 'f` II{ , ?cJ"Iti(n to r( -;Id+-nts r1g4n potabic r for rrl Jil(1r{, X1{1{)tI{t;r <??}?_? ?_3Cr ri'I'i??'ttrfl(t y''J'It`? ' lh,rll+PN L°,? I[ The 200 shallow v,kt !l rrrt?; 11c t i{1r;Il dC' 1 Irz flat: )fiS('t C _flk:UlcltKM Of tI")rnit rt, ;lilc1tr ! customers, cip)"o`1131t,,y' 49.°_? rt_ ti°.• I+,{ltj,_fl If r li 1l711u11 Item # 29 Attachment number 1 Page 4 of 7 (29 C`h Mt-1ugua Mr-id ?r?r l?f j+ are ir?itl ?f1, riti `E io cr fin ct t tea Ti) a -)e y t+`;'m nd will us+' ri ?rl' 1[10 'i+f i ?jriI ir?i c' per d&, Ii nv'-i) 3f? lE C? {'t' to of -;c" 0.1-1-- frith{ of pot-Ildk PF?.tf•IF C;T build-((,?t i,f (.I I Y iwt1( {r,+l - i?J'rYx rnor,-- fh,-ii 630 (r ',1?;11° ?1';_) ,f +l,l fll F?ti :t` ?Jrl! a??.??1???:. t}IFS ?fllt' s +'??r custnrm?[ `,. One co Infl'1 r icll l`+'I' .l.lll{sF t F-'('! ?tk gpd. 12.)0 gpcl offset), will be ? f1 i ,;r th FT',J,?F ("T. DEMON TPAIICON OF NF--F); TI?i ! F't },lf [ f will optim rt+ f° rr s ' ,j lc:l1 . f1t itf the CITY by reduc3irr,. tl+e fforn Wc''Il f,{ I'?`; ,.IICi 11,_.j:i Iffl(a '?11p 1fl 'f) s", 11J i 1f'I+, fil`,I ,;cif ct Leip(1'+,.4 ?.?:1, ?111d This PROJECT .Ill h0f? - .' I[,?. 1 , , -J: IrItff, ,vor 1= i in ?? f{l Piinr°l c Icy , {ji Ill!s { olll;r+ I?-?; I][li;l t?; ? tfMry a 'B,v-v-, ii C ?y f ?r?., lit r I?,I l'?!I I =-, h{ li; h I1I r `4Ii.1 yf, illil u, frt. This PROJECT i r f,{, ,Iiy. i by tlf,:il I w d in ir ' State ?d , ltE'I Pl d ?''y+`. tl ly Plan, the '' tt'r Use C,.-,i ltgtynary Uom1)rehensJvt,' F?xinr :lg Document t maxim e the rtua?u u1L I ft_]ll!N4 I + t{'fi vy.t leuvat.r. * This PROJECT i consistent ?,Jth the ul'Aate of the CITY'S Reclaimed Water Expansion Plan, * Funding for the PROJECT is included in the CITY'S Capital l r?I a ; ?? f,,. f t Plan. .. MEASURABLE BENF ITS: This PROJECT will heI{ .Iuj sport delivery u+f I i i L1 j J (if f t-i- kjo 1( I ,.' , jter is the PROL'[? T area, Thy. ?° .{??;f?L-lr°+r t??f Gµol'rMCC { .`? ?ttt? ?.{`["'f:!. f( t91+ ifs ;1'"y' ?L. %'Jl{ ,!If?,+?t estirrf ih+ d 0.1 rngcl 0 r?lfllE :Ii {x.t??l`yI lr fa 1-111d pu[aLA?- for non-potoNe uses, ab ,,% v pis cnlild,, ,f_ftr.afk_L, , If??Ff?inff fit C?IT'f y t lf?. 6. DELIVERABLE A. i-Morittily De igii/Coli tructiof r Sl 311,- I? t l { }ff E. Preliminary PROJECT iII C. 2 { 3r -f_rstorner cor -imitrroerlt ,? reement D. Copy of CITY ordinancu"?-'-),;"' requiring chi A distribution lines in new developm-fit" Item # 29 F`, „ if 1 Attachment number 1 Page 5 of 7 E, Copy of CITY Ordinii I, < is %,,,hich ir-, for the efficient use of reclaimed wOt r F. Ltfa,_v- G. Construction ?V.rDI" Tk..11',-T?-,F;;r??;; 1 Fi, ?,i 1,-tiC ?t-io fl,-wfrornt'i, 1;II e Fli1,r? UIiii`i?--,'.,r F,- ,,,ater C IS Iii`,im n J. Amiu l kecl imed Water t tilizOtion Offset Reports 7, PROJECT COST: The total eiiri;il-l (OSt of thi. i f; ,ll 1 T i ; - t?ii Je(i f', iii r15-1 iu.J Of which if D1?-)TRI T's ,;h@il i.- exp?i1,1i ,l f, l,i ' i,,, r,[,t, 1_f 1 117 `io the Pirt-.II 13- I , i,1 tr t' Ai, ;k)ft Ri°v& 13 ;, is Board, The Iii, 11,3 Ann lOte Board L,1 ;, G. _, ',ri}J in FY20jf , 840,250 in FY200', fh f.'° '.1 in and the r--?w,lri11t 11-2H .1 t is rerti&,1o:11,' in FY2011. The future fwi l ; 0-fit11`4 d for the p (il{ ct are ccir& , I it <f UpO =1 l;ri l Of srI(,-h aM0Unts by the t )jstc-ic f r , t?rtlir? Ort1-I E ,;t it Bri iards in thc; 1 l:3ttctk)t,ft,'c1', The cost amortized at pet{;. Ot over 0 years •"?f .0"'per thou gird a ? I O? t ? ofl-- t Thy ft t ,l PROJECT cc'-?t be $3,954,000 categorized fellows: TASK DISTRICT WPSPTF CITY TOTAL and Pei mltt.ni j $ cis- r,i,,,?,- 4 0' t;. i ? tl.j t,.rL iftf, E{ ; , I ?? . r.} ?'!X 1 , W 0 Totals $ 1,977,000 $ 9 $ 1,977,000 3,954,000 Th, CITY Will frtnd its ,ft ,rf f FROJE "I costs fr( :l tiiF i i l ` ewu? E ?f'[, ; -.e fratt?_i., wt ludij1revenut,i_ l h,-, ft- InL; for the PR(-),J ECT ri_;° incl:Oi_-,ti in the F=I,t;t If DISTRICT f(:f thy- PROJECT i0clude,.• funds from Fuiid (1.V 8PTF), Florida Department of Ew, ?c r7wiinkl Pivt?: k):i i,FDEP) tf , 1 ,tf Slliti Financial St i-try ti number: C FA 7.066, th, CITY to ?11iF?c t to Ai ripli ?ihle pOli(Jt , Iii-id rrfl, 8. COMPLETION SCHEDULE: DISTRICTI Notice t0 Proceed ........ .................................... ........... f }E i 1, '{f1:) 7 Initial D???ita« C nrri?iience ............... .... Ooc>1?r i 3 1 , ?7 Fall D pi ,1ind I{'{,rrnittin Cm orn ence.......,..... ................. 0)m pd,,tf Construction .................. ................... ,........... .............. I}t' ' Itll,:'.r ? 1, x 011 .1p-nient Termination.......- ............... P- .ember 31, 2012 Item # 29 Attachment number 1 Page 6 of 7 9. IMPLEMENTATION. The CITY'-1, Ptahli,-° Utjljtjpl, €,lf` uiI , `E ro'r, ill for ; €,If ?m ,Wn i th, PR( JJF(-,T. The CITY wil' i ?f li- flu (;n lif P '?HV € i)n-, Ik1Ilt Li- k'Si'111 t the PROJECT 11ls[ d } 1)1141 1 !?w f II:.?ll ?rITIIt. 10. KEY PERSONNEL: Tf 1' IT ?' t.lf 1111 F I?TPI r ;rlrf r € ??. Pt to t@ry ont l f P. O. E 174_; Ir 1 t=,', FL 34618-4748 (7,,'7) 4 ? I ? i' a Coll Tr r, P.1E ?? C(- r I'tIIf I_ ItII[fifL?: F)irpct r G; y :, C:1 ?l r 1+ r FL 34618,"T+?` ' Item # 29 Attachment number 1 Page 7 of 7 I City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 12/16/20 10 Award a contract (Purchase Order) to Reynolds Inliner, LLC, Sanford, FL, in the amount of $1,197,157.50 for the cleaning, video inspection and point repair or full reconstruction of storm sewer lines by the installation of a Resin Impregnated Cured in Place Pipe (RICIPP) lining at various locations throughout the City of Clearwater and authorize the appropriate officials to execute same. (consent) SUMMARY: The City of Clearwater Engineering Department has determined that it will be necessary to repair and rehabilitate approximately five thousand (5000) linear feet of existing stormwater pipelines over the next twelve (12) months. These existing pipes are deteriorating and near the end of their life cycle. The goal is to maintain the integrity of the stormwater system and minimize disruptions to our citizens and vehicular traffic by using the Resin Impregnated Cured in Place Pipe (RICIPP) slip lining method. The City of Clearwater Engineering Department will direct the contractor to high priority pipe systems as established by review of inspection reports and maintenance records with a focus on corrugated metal pipes within easements between houses. The contract also allows for emergency repair work to be performed at the unit prices included in the contract. The City of Clearwater's Public Services Department Stormwater Maintenance Division is responsible for operating, inspecting, and maintaining the stormwater pipelines. Sufficient budget and revenue is available in Capital Improvement Program (CIP) project 0315-96124, Storm Pipe System Improvements. Type: Capital expenditure Current Year Budget?: Yes Budget Adjustment Comments: Current Year Cost: $1,197,157.50 Not to Exceed: For Fiscal Year: $1,197,157.50 2010 to 2011 Budget Adjustment: None Annual Operating Cost: Total Cost: $1,197,157.50 Appropriation Code Amount Appropriation Comment 0315-96124-563700-539- $1,197,157.50 See Summary 000-0000 Bid Required?: Yes Bid Number: 09-0054-EN Cover Memo Other Bid / Contract: Bid Exceptions: None Item # 30 Review 1) Financial Services 2) Office of Management and Budget 3) Legal 4) Clerk 5) Assistant City Manager 6) Clerk 7) City Approval: Manager 8) Clerk Cover Memo Item # 30 Attachment number 1 Page 1 of 6 BOND NUMBER: CONTRACT BOND STATE OF FLORIDA COUNTY OF PINELLAS KNOW ALL MEN BY THESE PRESENTS: That we REYNOLDS INLINER, LLC. Contractor and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Surety) whose home address is ONE TOWER SQUARE, HARTFORD, CONNECTICUT 06183-9079 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 ONE HUNDRED NINETY-SEVEN THOUSAND ONE HUNDRED FIFTY-SEVEN DOLLARS AND FIFTY CENTS ($1,197,157.50) 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 20 entered into between the Contractor and the City of Clearwater for: 2010 STORMWATER PIPE LINING PROJECT 09-0054-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. Page 1 Item # 30 Attachment number 1 Page 2 of 6 CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this day of 20 REYNOLDS INLINER, LLC CONTRACTOR By: ATTEST: WITNESS: COUNTERSIGNED: SURETY By: ATTORNEY-IN-FACT Page 2 Item # 30 Attachment number 1 Page 3 of 6 CONTRACT This CONTRACT made and entered into this day of , 20 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and REYNOLDS INLINER, LLC of the City of SANFORD, County of SEMINOLE 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: 2010 STORMWATER PIPE LINING PROJECT 09-0054-EN FOR THE SUM OF ONE MILLION ONE HUNDRED NINETY-SEVEN THOUSAND ONE HUNDRED FIFTY- SEVEN DOLLARS AND FIFTY CENTS ($1,197,157.50) In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. Page 3 Item # 30 Attachment number 1 Page 4 of 6 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of $1,000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of $1,000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. Page 4 Item # 30 Attachment number 1 Page 5 of 6 CONTRACT (3) IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: William B. Horne, H City Manager Attest: Countersigned Seal) Rosemarie Call City Clerk By: Approved as to form Frank Hibbard, Mayor-Councilmember Camilo Soto Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (Contractor) By: (SEAL) (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). Page 5 Item # 30 Attachment number 1 Page 6 of 6 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF COUNTY OF On this day personally appeared before me, the undersigned authority, duly authorized to administer oaths and take acknowledgments, who after being duly sworn, deposes and says: That he is the (TITLE) of REYNOLDS INLINER, LLC a Florida Corporation, with its principal place of business located at 2531 JEWETT LANE, SANFORD, FLORIDA 32771-1677 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day of 20, with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of 2010 STORMWATER PIPE LINING PROJECT 09-0054-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 REYNOLDS INLINER, LLC AFFIANT This day of , 20 NOTARY PUBLIC My Commission Expires: BY: PRESIDENT Page 6 Item # 30 0 0 N ai W Q? P4 P4 AA W z P4 O O Or? rC- V W ,a V z z a w a a ai W F d' ai F O 0 N O O N 00 0.i CQ W z a s O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ? o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 fx z o o M o ? cl 0 14? 0 v 0 N 0 v 0 o 0 ?n 0 o 0 o 0 ?n ?n ? o o ?n ?n N 0 o 0 r. 0 o ? 0 m 0 n 0 o 0 v 0 ?n 0 o ?n ?n O o O ? ?n ? o ?n ?n N o ? o? o o ?n N ?n o ?n ? O r. 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I? ? Y Q O O N rN W P4 A w O z z z w a O A CQ Attachment number 2 Page 2 of 2 ?- Meeting Date: 12/16/20 10 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Appoint Terrence Gourdine as the Local Business representative and Councilmember George N. Cretekos as the City Council representative to the Sister Cities Advisory Board with terms to expire December 31, 2014. (consent) SUMMARY: APPOINTMENT WORKSHEET BOARD: Sister Cities Advisory Board TERM: 4 years APPOINTED BY: Sister Cities Advisory Board FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: One member of the City Council and a representative of the Clearwater Sister Cities, Inc. MEMBERS: 6 CHAIRPERSON: Lois Sewell MEETING DATES: Quarterly PLACE: TBD APPOINTMENTS NEEDED: 2 SPECIAL QUALIFICATIONS: Representatives of the local business community, the School Board's World Language Coordinator or designee, and the Clearwater Arts Foundations shall not be required to reside within the City of Clearwater. THE FOLLOWING ADVISORY BOARD MEMBER HAS RESIGNED AND NOW REQUIRES REPLACEMENT BY A NEW APPOINTEE: 1. C. E. Snedeker - 670 Island Way #1003, 33767 - Original Appointment 1/15/04 Resigned 11/1/10 - (was serving 2nd term until 12/31/10) (Local Business) THE FOLLOWING NAME IS BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: 1. Terrence Gourdine - 1101 Wellington Dr., 33764 - Retired Engineer (Local Business) - Member of Friendship Force Florida Suncoast Also, one member of the city council needs to be appointed to this board as the City Council representative. Councilmember George Cretekos' term expires on December 31, 2010. He had been appointed to finish former Councilmember Petersen's term. Zip codes of current members: 2 - 33764 1 -33765 1 -34698 Review Approval: 1) Clerk Cover Memo Item # 31 • r s CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Attachment number 1 Page 1 of 2 Name: -rr (Z _r-_N GIB C o y C_TD l N C Home Address: Office Address: 10 WC-Llticroo -OK, N/A C. _ -_ae w ATr- 2 , FL_ zip _3 3 Z6 Telephone: Telephone: How long a resident of Clearwater? .3 2- YC-R(ZS Occupation: 1,:... Ij c i o G-e_e_ Field of Education: Employer: R TI _l D Other Work Experience: M100MUK(E 1 s-nrun or i'FGNNoLoerv _D1KC-C10(Z- QF F7P610C-CP-ING If retired, former occupation: NCrI ti%E F ?- P1- e4Aj r M&A)li U ii_7 P. Community Activities: N F ILA j3 -9- /5F-- _rK(E Q DSN! P I-OR 6E FIX r-lDA SdNCC?i4S 7! VoL-UuTt_?-(TP_ CaLO N(G14T SAct,r,5 VaL PTEf_y_Wrt'(5PfFF5 Other Interests: 5 Pd Q i S 921 DG E C_6wl PyTC P' S Board Service (current and past): Board Preference: 71 - Additional Comments: ig Date: A_e See attached list for boards that require financial disclosure at time of appointment. Please return this application and board questionnaire to the Official Records & Legislative Services Department, P. O. Box 4748, Clearwater, FL 337584748, or drop off your application at City Hall, 2nd Floor, 112 S. Osceola Avenue. ?°"" Item # 31 Attachment number 1 Page 2 of 2 BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 1 AD ui5 0 P ti D -1:9u P Pd P --r '7A6-' GL 6,4k 972-5o2 S/5T92 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I VC- r L ?Fd- e DE Pn-i D FAA ? :MquF Y4 et ox r A Ajo MY 4 cAn cA o ay aj rTt4 iu7?SN t F410-CC CO U L:J) P200I T T RE P- .>6 6 12-n V )(-F(4 a 010 6 y c_ Pe- e-PrC7Tc/C 4. Why do you want to serve on this Board? >_L - AI_6orr IA)I-r(N? Q-6t-r FAA SyOC6145 i --I:??C-L? CyT tVS CA.U &r ??F ? ?E? ?" Ft-?L? 7'6 'i'l+ E CL ???e u? t4TiEfZ SI S 7"C ? GI ?'v PAou(,Pto6 PPPr no>utiL Name: r_2t?C?CC CsGU f?l Board Name: I F-P-2; 6o YZD1 PJ Fj riQn-oD5R t P Fb9Lf? FtoP-kVA Sul0UA -r Item # 31 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Meeting Date: 12/16/20 10 Approve Assignment and Assumption Agreement for external auditing services, with Kirkland, Russ, Murphy and Tapp (assignor) to audit firm of Mayer Hoffman McCann P.C. (assignee), for fiscal years ending September 30, 2010 thru 2014, and authorize the appropriate officials to execute same. SUMMARY: In August 2010, the City Council approved a five-year external auditing agreement with the firm recommended by the City's Audit Committee - Kirkland, Russ, Murphy and Tapp (KRMT). Effective November 1, 2010, Mayer Hoffman McCann P.C. purchased the attest business of KRMT and CBIZ, Inc. purchased the non-attest business of KRMT. CBIZ, Inc. and Mayer Hoffman McCann P.C. have an alternative practice structure due to the fact that CBIZ, Inc., as a publicly held corporation, cannot do attest work. Attest work must be performed by a firm owned by certified public accountants. Consequently, the two companies are separate and independent legal entities that work together to serve clients' business needs. The acquisition of KRMT is not expected to impact the services provided to the City of Clearwater. The audit team of KRMT staff, now CBIZ and Mayer Hoffman McCann employees, remain in place and are expected to provide the same level and quality of service. The City's Audit Committee recommends approval of the assignment of the audit agreement, with all terms and conditions unchanged, to Mayer Hoffman McCann, P.C. 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 1) Financial Services 2) Office of Management and Budget 3) Clerk 4) Assistant City Manager 5) Clerk 6) City Approval: Manager 7) Clerk Cover Memo Item # 32 Attachment number 1 Page 1 of 2 ASSIGNMENT AND ASSUMPTION AGREEMENT (City of Clearwater) This Assignment and Assumption Agreement (this "Assignment") is dated December 2010, by and among Kirkland, Russ, Murphy & Tapp, P.A., a Florida professional services corporation ("Assignor"), and Mayer Hoffman McCann P.C., a Missouri professional corporation ("Assignee"). Assignor and Assignee agree as follows: 1. Assignment and Assumption. Assignor hereby assigns to Assignee all of Assignor's right, title, and interest in the engagement letter dated August 3, 2010, from Assignor to the City of Clearwater, Florida, and the Agreement dated August 13, 2010, between Assignor and the City of Clearwater, Florida, copies of which are attached to this Assignment as Exhibit "A" (together, the "Agreements"), and Assignee hereby assumes and agrees to satisfy and discharge, as the same become due, all of the obligations under the Agreements arising on or after the effective date of this Assignment. 2. Further Assurances. Assignor and Assignee agree to execute such further and other assurances and to do such other acts as each party may reasonably require to implement the intentions of this Assignment. Assignor and Assignee confirm to the City of Clearwater, Florida, that (a) each of the shareholders of Assignor as of November 1, 2010, became shareholders of Assignee as of November 1, 2010, and (b) Assignee is a party to a Restated Administrative Services Agreement dated January 1, 2002, as amended, with CBIZ, Inc., pursuant to which CBIZ, Inc. provides certain services and personnel to Assignee on an ongoing basis and pursuant to which CBIZ, Inc. will provide certain services and personnel to Assignee in connection with Assignee's performance of its obligations under the Agreements. 3. Benefits; Binding E'. This Assignment shall inure to the benefit of, and shall be binding upon, Assignor and Assignee and their respective successors and assigns. This Assignment will become effective upon the execution by the City of Clearwater, Florida, of the Consent to Assignment that is attached to this Assignment. 4. Counterparts. This Assignment may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same instrument. The signatures to this Assignment need not all be on a single copy of this Assignment, and may be facsimiles rather than originals, and shall be fully as effective as though all signatures were originals on the same copy. ASSIGNOR: KIRKLAND, RUSS, MURPHY & TAPP, P.A. By:_ Name: Title: Item # 32 Attachment number 1 Page 2 of 2 CONSENT TO ASSIGNMENT The City of Clearwater, Florida, consents to the foregoing assignment and assumption by Kirkland, Russ, Murphy & Tapp, P.A., a Florida professional services corporation, to Mayer Hoffman McCann P.C., a Missouri professional corporation. Countersigned: Frank V. Hibbard Mayor Approved as to form: Name: Title: 2 02031-01900 600285 v3 ASSIGNEE: MAYER HOFFMAN MCCANN P.C. By:_ Name: Title: CITY OF CLEARWATER, FLORIDA By: William B. Horne, II City Manager Attest: Cynthia E. Goudeau City Clerk Item # 32 Attachment number 2 Page 1 of 8 AGREEM E NT THIS AGREEMENT, made and entered into this 12 day of , 2010 by and between the CITY OF CLEARWATER, FLORIDA, a mu Acipal corporation of the State of Florida, located at 112 S. Osceola Avenue, Clearwater, Florida 33756, hereinafter referred to as "City", and Kirkland, Russ, Murphy & Tapp, P.A., a firm of Certified Public Accountants, located at 13577 Feather Sound Drive, Suite 400, Clearwater, Florida 33762, hereinafter referred to as "Contractor"; WITNESSETH WHEREAS, the City is required by Article II, Section 2.01(c)(3) of the City Charter to provide for an annual audit of its financial accounts; and WHEREAS, the City participates in various Federal, State and County Assistance programs which require independent financial and compliance audits in accordance with rules established by the U.S. Department of Housing and Urban Development, Florida Auditor General, and other agencies; and WHEREAS, the Contractor is in the business of public accounting, is fully qualified to meet the requirements of applicable City, State and Federal law, and desires to perform the necessary services: NOW, THEREFORE, the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated in and form a part of this Agreement. 2. The "Auditor Services Documents" form the Auditor Services Agreement. The Auditor Services Documents consist of this Agreement between the City and the Contractor (hereinafter "Agreement") and it's attached Exhibits: City of Clearwater Request For Proposal for Professional Auditing Services, ("RFP 16-10") issued May 11, 2010 (Exhibit "A"); Proposal to provide Professional Auditing Services to the City of Clearwater, Florida ("Proposal") submitted June 8, 2010 (Exhibit "B") ; Engagement Letter from Contractor to City confirming understanding of the services to be provided under the Agreement ("Engagement Letter") (Exhibit "C"); written modifications of the Agreement executed by the parties hereto, issued after execution of the Agreement. The Auditor Services Item # 32 1 Attachment number 2 Page 2 of 8 Documents shall not be construed to create a contractual relationship of any kind with any third party, including any third party service provider used by the Contractor in the fulfillment of its obligations under the Agreement. 3. This agreement relates specifically to the City's fiscal years ending September 30, 2010 thru 2014. This agreement may be terminated by the City on the basis of unsatisfactory performance, as determined by the City in its sole discretion, with written notice at least six months prior to the September 30 fiscal year-end, or by the contractor for reasons specified in the Engagement Letter which is hereby incorporated by reference and made a part hereof. City Charter Section 2.01(c)(3) currently prohibits any single audit firm from being employed for more than five consecutive years. The fees for subsequent years are fixed per this agreement and not expected to deviate from the amounts stated herein except for unanticipated significant changes in the scope of auditing services required by the City. 4. The Contractor shall review the City's comprehensive annual financial report for compliance with GAAP and the applicable requirements of the Certificate of Achievement for Excellence in Financial Reporting program of the Government Finance Officers Association and assist the City in complying with new or existing requirements. The Contractor shall, subject to the terms and conditions of the engagement letter, render a report on the fair presentation of the City's basic financial statements and all individual non-major fund financial statements, in conformity with generally accepted accounting principles, for the fiscal years ending September 30, 2010 thru 2014. The Contractor shall, subject to the terms and conditions of the engagement letter, render a report on the fair presentation of the City's combining and individual fund financial statements and schedules in conformity with generally accepted accounting principles. The Contractor is not required to audit the supplementary information contained in the comprehensive annual financial report, however, the Contractor shall provide an "in-relation-to" report on the supplementary information based on the audit procedures Item # 32 2 Attachment number 2 Page 3 of 8 applied during the audit of the basic financial statements and the combining and individual fund financial statements and schedules. The Contractor is not required to audit the statistical section of the report. The Contractor shall also perform the required financial and compliance audits associated with Federal, State, and County Assistance programs in accordance with the Federal Single Audit Act of 1984 as amended; U.S. Office of Management and Budget (OMB) Circular A-133; the provisions of the Florida Single Audit Act (Section 215.97 Florida Statutes); and rules of other agencies. 5. In performing the services described in #4 above, the Contractor shall comply with the following: ° generally accepted auditing standards ° standards set forth for financial audits in the U.S. General Accounting Office's (GAO) Government Auditing Standards ° provisions of the Federal Single Audit Act as amended ° U.S. Office of Management and Budget (OMB) Circular A- 133 ° Chapter 11.45 Florida Statutes ° the Rules of the Auditor General of the State of Florida, Chapters 10.550 and 10.600 ° Regulations of the State Department of Banking and Finance ° Audits of State and Local Governmental Units - AICPA As a part of the audit, the Contractor will consider the City's internal control structure, as required by generally accepted auditing standards and Government Auditing Standards. 6. Following completion of the audit, the Contractor shall, subject to the terms and conditions of the engagement letter, render the following reports: Item # 32 3 Attachment number 2 Page 4 of 8 A report on the fair presentation of the financial statements in conformity with generally accepted accounting principles. ° A report on the internal control structure based on the auditor's understanding of the control structure and assessment of control risk. A report on compliance with applicable laws and regulations, including those relating to funds received form a State of Florida grants and aid appropriation pursuant to a grant or contract. ° A report on the internal control structure used in administering federal assistance programs. ° A report on compliance with laws and regulations related to major and non-major federal financial assistance programs. ° A Management Letter as required by Section 10.554(1)(i) of the Rules of the Auditor General of the State of Florida. ° A report on compliance with general compliance requirements as required by the Single Audit Ac`., and OMB Circular A-133. A report on compliance as required by the Florida Single Audit Act and Chapter 10.550, Rules of the Auditor General of the State of Florida. 7. In conjunction with City debt issuances, the Contractor will provide Consent Letters and Citations of Expertise and/or Comfort Letters at no additional cost to the City. 8. The Contractor shall retain all working papers for a minimum of five (5) years, unless notified in writing by the City of the need to extend the retention period. The Contractor shall make working papers available, upon request, to the following parties or their designees: ° City of Clearwater U.S. Department of Housing and Urban Development ° U.S. General Accounting Office (GAO) ° Parties designated by the federal or state governments or by the City of Clearwater as part of an audit quality review process Item # 32 4 Attachment number 2 Page 5 of 8 ° Auditors of entities of which the City of Clearwater is subrecipient of grant funds In addition the Contractor shall, providing all fees have been paid, respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. 9. The Contractor shall assist the City in scheduling the Comprehensive Annual Financial Report to be completed and issued no later than March 15t', succeeding each fiscal year. Contractor/City meetings will be held at least once per month until completion of this contract. Weekly status meetings shall be held while the Contractor is working at the City. The Contractor shall complete performance under this contract by March 31St succeeding each fiscal year. 10. The Contractor shall bill the City and the City shall pay the Contractor for the performance of the services under this contract on the basis of the Contractor's normal and customary charges for such services, plus ordinary out-of- pocket expenses customarily stated separately by the Contractor in his general practice. The total amount of this contract, including out-of-pocket expenses, shall not exceed: Fiscal 2010 $114,750 Fiscal 2011 $117,300 Fiscal 2012 $120,600 Fiscal 2013 $124,450 Fiscal 2014 $128,400 The City may, by amendment of this agreement, increase this maximum fee and/or extend the completion date upon the Contractor's showing evidence of conditions which require substantially more time than would generally be required to perform the prescribed services. Progress payments will be made periodically for work completed to date based on invoices submitted by the Contractor. The sum of such Item # 32 5 Attachment number 2 Page 6 of 8 progress payments shall not exceed ninety percent (90%) of the maximum specified above. The final payment will be made within thirty (30) days of receipt of the final audit reports. Miscellaneous Provisions 11. Budget Allocations. The obligations of the parties are subject to appropriate budgeted funds being available in each budget year to achieve the purposes of this Agreement. In the event that sufficient budgeted funds are not available in a subsequent fiscal year, this Agreement shall terminate on the last day of the fiscal year for which sufficient budgeted funds are available without penalty to either of the parties. 12. Record Retention. Documents related to this agreement may be construed as public record and shall be retained and provided as required by law. 13. Compliance With the Law. Both Parties shall comply with all federal, state, county, and local laws, regulations, and ordinances at all times. 14. Discrimination Prohibited. The Parties shall, during the performance of this agreement, comply with all applicable provisions of federal, state and local laws and regulations pertaining to prohibited discrimination. 15. Assignment. This agreement is not assignable. 16. Severabilit Should any section or part of any section of this Agreement be Item # 32 6 Attachment number 2 Page 7 of 8 rendered void, invalid, or unenforceable by any court of law, for any reason, such a determination shall not render void, invalid, or unenforceable of any other section or any part of any section of this Agreement. 17. Amendments. This Agreement constitutes the entire Agreement between the Parties, and no change will be valid unless made by supplemental written agreement executed by both Parties. 18. Notices. All notices, requests, demands, or other communications required by law, or this Agreement shall be in writing and shall be deemed to have been served as of the delivery date appearing upon the return receipt if sent by certified mail, postage prepaid with return receipt requested, to: Jay Ravins, Asst. Finance Director City of Clearwater 100 South Myrtle Ave. Clearwater, Florida 33756 Laura Brock Kirkland, Russ, Murphy & Tapp 13577 Feather Sound Drive, Suite 400 Clearwater, Florida 33762 19. Non-Waiver. No act of omission or commission of either Party, including without limitation, any failure to exercise any right, remedy, or recourse, shall be deemed to be a waiver, release, or modification of the same. Such a waiver, release, or modification is to be effected only through a written modification to this Agreement. Item # 32 7 Attachment number 2 Page 8 of 8 20. Authority. Each Party to this Agreement represents and warrants to the other Party that (i) it is duly organized, qualified and existing entities under the laws of the State of Florida, and (ii) all appropriate authority exists so as to duly authorize the persons executing this Agreement to so execute the same and fully bind the Party on whose behalf they are executing. This Agreement is subject to approval by the Parties. 21. Governing Law. This Agreement shall be construed and enforced in accordance with Florida Law. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written: Countersigned: ?(i???" L ? Fra k V. Hibbard Mav r Approved as to form Laura Mahony Assistant City Attorney CITY OF CLEARWATER, FLORIDA BY 'Jcrd° ?4ed?r' W'_liam B. Horne; II City Manager Attest: 4,nthia E. ty Clerk Kirkland, Russ, Murphy & Tapp, P.A. By: Item # 32 8 ?- Meeting Date: 12/16/20 10 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Award a contract (purchase order) to Musco Sports Lighting, LLC of Clermont, FL for the installation and service of sports field lighting equipment at various city athletic facilities, at a cost of $1,348,000, based on Clay County Bid 08/09-3; establish Project 315-93620 (Sports Field Lighting); authorize transfer of $1,348,000 from General Fund Reserves as a first quarter adjustment to the budget and authorize the appropriate officials to execute same. SUMMARY: The March 29, 2010 Council Work Session included a Performance Contracting Agreement between the City and Honeywell to provide various efficiencies at City facilities. For discussion purposes, the project was divided into four areas: basic, City Hall, Long Center and athletic fields. The athletic field lighting piece was given to Parks and Recreation staff for additional review and analysis, and to recommend best solution alternatives to Council. Participant safety from inadequate lighting was the primary concern. Staff analyzed each facility: Countryside Sports Complex, Countryside Community Park Fields and Eddie C. Moore Fields 1 - 9. The City of Clearwater has several agreements with specific groups (co-sponsors and rentals) where the City has agreed to operationally maintain the fields compliant with industry standards. As part of this review, those current industry standards provided by each group were reviewed to ensure safety compliance for all co-sponsored groups as well as all tournament play with groups that have utilized these facilities. Groups that specifically require certain standards include the Illuminating Engineering Society (IES), the American Softball Association (ASA), the United States Soccer Foundation, the NCAA and Little League Baseball. In reviewing the City's legal obligation of these types of agreements where the City has agreed to operationally maintain the fields, the City may be held to the standards required by each group if challenged for safe liability. However, there is no specific legal standard for field lighting. The following provides the analysis for staff recommendation on each facility: Countryside Sports Complex - This system is an original system and our last all wood pole replacement. Current lighting level is significantly below industry standards as the complex was grandfathered. Due to the low fixture count and lighting levels, there is no significant return on the investment for this site. However, there is a legitimate need to bring it up to current standards to ensure the safety of our young athletes. Minimum standards are a maintained average footcandles of 30; which is designed for standard competition play. Primary users are Countryside Jr. Cougars and Clearwater Chargers Soccer Club. Countryside Community Park Fields- The primary user of this facility is Countryside Little League. It is proposed to retrofit the complex using a green technology lighting system, which will maintain the facility in compliance at all times and will reduce our energy and maintenance costs. Annual estimated utility savings of over $10,000 may be realized. Eddie C. Moore Complex - The primary use of this facility is adult softball, NCAA and youth amateur athletics. It is proposed to retrofit the complex using a green technology lighting system, which will maintain the facility in compliance at all times and will reduce our energy and maintenance costs. Annual estimated utility savings of over $51,000 may be realized. Staff recommends retrofitting Countryside Community Park and the Eddie C. Moore Complex, and upgrading Countryside Sports Complex to minimum standards. The material return of investment at Countryside Community Park is 23 years and at Eddie C. Moore Complex it is just over 12 years plus staffing reductions based on the product warranty. At Countryside Community Sports Complex, the needed renovations will also be tied into the Musco warranty program. Under the warranty program, Musco will maintain all lights and systems at required lighting levels for 25 years at the Countryside Sports Complex and 15 years at Countryside Community Park and Eddie C. Moore Complex respectively. Cover Memo The City's annual maintenance cost will be reduced by $51,000. This is based on elimination of one FTE associatftd8MtWr3&ced maintenance needs funded through Parks and Recreation 1871 (electrical team) internal services charges to Building and Maintenance. In addition, the CIP Project 315-93269, light, replacement and repair, can be reduced from $80,000 to $50,000 annually, bringing the overall annual savings to the City of $81,000. The total annual return on the investment is $142,000: $61,000 energy savings and $81,000 reduction in Parks and Recreation electrical team budget. The capital cost to all three complexes is estimated at $1,348,000. Using the anticipated cost savings, the project will pay for itself in 11.1 years. The capital estimate is a reduction of $1,076,485 from the original energy efficiency project request of $2,424,485 as we will be using an existing competitive bid, Clay County and the project did not account for energy savings guaranteed by Honeywell nor bonding for the project. This project is recommended to be funded with general fund reserves consistent with the original recommendation at the March 29, 2010 Work Session. Type: Capital expenditure Current Year Budget?: No Budget Adjustment: Yes Budget Adjustment Comments: Funds of $1,348,000 are needed to do this project. Current Year Cost: $1,348,000 Annual Operating Cost: -0- Not to Exceed: $1,348,000 Total Cost: $1,348,000 For Fiscal Year: 2010 to 2011 Appropriation Code Amount Appropriation Comment 315-93620 $1,348,000 General Fund Reserves Bid Required?: No Bid Number: Other Bid / Contract: Bid Exceptions: None Review 1) Financial Services 2) Parks and Recreation 3) Financial Services 4) Office of Management and Approval: Budget 5) Clerk 6) Assistant City Manager 7) Clerk 8) City Manager 9) Clerk Cover Memo Item # 33 ?- Meeting Date: 12/16/20 10 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Amend Section 22.59 of the City of Clearwater Code of Ordinances to allow for the sale, consumption or possession of alcohol on park property when permitted by an alcoholic beverage special events permit; Section 22.89 to allow for the sale and/or consumption of alcoholic beverages in the downtown Cleveland Street area; and Section 22.90 to allow for the consumption or possession, but not the sale of alcoholic beverages as defined in section 6.21 of the Clearwater Code of Ordinances, in certain areas depicted within an event venue diagram as required in the permit application process and pass Ordinance 8226-11 on first reading. SUMMARY: The first and last sentences of Section 22.59 of the City of Clearwater Code of Ordinances, as currently written, arguably creates an ambiguity regarding the sale, consumption and possession of alcoholic beverages on park property. The proposed change clarifies that it is permissible to sell, consume and possess alcoholic beverages on park property in accordance with an alcoholic beverage special event permit. This amendment clarifies the basis for an already accepted practice. In line with the continued promotion of economic development in the downtown corridor, and due to the many activities and special events being held in the area, a change is being recommended to amend Section 22.89 to allow alcoholic beverages in an area described as: The area within the north and south boundaries of Cleveland Street, bounded on east by the west boundary of Myrtle Avenue, on the west by the west boundary of Osceola Avenue, including the contiguous rights-of-way and sidewalks. Lastly, amending Section 22.90 will allow for the consumption and possession, but not the sale of alcoholic beverages other than beer or wine (as defined in Section 6.21) at a special event in accordance with an alcoholic beverage special event permit, and only within areas defined by the event venue diagram as approved by the City Manager or his designee. Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Cover Memo Item # 34 Attachment number 1 Page 1 of 4 ORDINANCE NO. 8226-11 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO PARKS; AMENDING CHAPTER 22, PARKS, BEACHES, RECREATION; SECTION 22.59, POSSESSION OF ALCOHOLIC BEVERAGES, TO ALLOW THE SALE, CONSUMPTION OR POSSESSION ON PARK PROPERTY WHEN PERMITTED PURSUANT TO AN ALCOHOLIC BEVERAGE SPECIAL EVENTS PERMIT; AMENDING SECTION 22.89, ALCOHOLIC BEVERAGE SPECIAL EVENT PERMIT; CITY PROPERTY OR SPONSORSHIP, TO ALLOW THE SALE AND/OR CONSUMPTION OF ALCOHOLIC BEVERAGES IN THE DOWNTOWN CLEVELAND STREET AREA; AMENDING SECTION 22.90, CONDITIONS; ALCOHOLIC BEVERAGE SPECIAL EVENT PERMIT, TO PERMIT THE POSSESSION AND CONSUMPTION BUT NOT THE SALE OF ALCOHOLIC BEVERAGES AS DEFINED IN SECTION 6.21 IN LIMITED SPECIAL EVENT AREAS IN ACCORDANCE WITH AN ALOCHOLIC BEVERAGE SPECIAL EVENT PERMIT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances currently empowers the city manager to regulate the time, place and manner in which city park property is to be used and enjoyed by the public, including use for the sale, consumption or possession of alcoholic beverages on park property and the sale and/or consumption of alcoholic beverages at a special event in accordance with a alcoholic beverage special event permit; and WHEREAS, the sale, consumption or possession of alcoholic beverages is now limited to certain areas of park property as defined in section 22.59 of the City of Clearwater Code of Ordinances (the "Code"), more specifically, the Performing Arts Center and Theater (known as Ruth Eckerd Hall), the Harborview Center, to any portion within a public building when rented to private parties, or to Jack Russell Stadium, the Clearwater Country Club golf course, the Clearwater Executive Golf Course, Bright House Networks Field, and to the fenced in area at the Clearwater Community Sailing Center, under conditions specified therein; and WHEREAS, the city council now wishes to allow for the sale, consumption and possession of alcoholic beverages on any park property in accordance with an alcoholic beverage special event permit as issued in accordance with Section 22.89 of the Code and, for the possession and consumption, but not the sale of alcohol as defined in section 6.21 of the code, in limited areas in accordance with a alcoholic beverage special events permit; and Ordinance 4644 64 Attachment number 1 Page 2 of 4 WHEREAS, further, the city council now wishes to allow for the sale, consumption and/or possession of alcoholic beverages on certain property in the Cleveland Street downtown area as more specifically described herein; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. That Chapter 22 of the Code of Ordinances, City of Clearwater, Florida, is hereby amended to read as follows: Chapter 22 Parks, Beaches, Recreation* Article II. Use Regulations* Sec. 22.59. Possession of alcoholic beverages. No person shall sell, consume or have in his possession any alcoholic beverage as defined in section 6.21 of any form on any park property, except as permitted by an alcoholic beverage special event permit as provided for in this Chapter. This prohibition shall not apply to the Performing Arts Center and Theater, to the Harborview Center, to any portion within a public building when rented to private parties, or to Jack Russell Stadium, the Clearwater Country Club golf course, the Clearwater Executive Golf Course, Bright House Networks Field, and to the fenced in area at the Clearwater Community Sailing Center, when the sale or consumption of alcoholic beverages has been authorized by the terms of any lease or other agreement approved by the city commission, or to events held pursuant to an alcoholic beverage special event permit issued under the provisions of sections 22.88 through 22.91. Sec. 22.89. Alcoholic beverage special event permit; city property or sponsorship. (1) Sale and/or consumption of alcoholic beverages at a special event located on property owned by the city aRd where the city is a sponsor or co-sponsor of the event, or at a special event taking place on Cleveland Street in downtown Clearwater which is described for these purposes as: The area within the north and south boundaries of Cleveland Street, bounded on east by the west boundary of Myrtle Avenue, on the west by the west boundary of Osceola Avenue, including the contiguous rights-of-way and Ordinance 4644 64 Attachment number 1 Page 3 of 4 sidewalks, may be authorized by issuance of an alcoholic beverage special event perm it. (2) A person seeking approval for such sale and/or consumption activity shall file a separate application with the city manager, or designee, on forms provided by the city. (3) The application shall be filed not less than 15 days prior to the proposed special event. (4) The application for an alcoholic beverage special event permit shall include, in addition to any information, which is required under section 22.82, the following information: (a) Diagram depicting areas within the event venue within which beverage sales are to occur. (b) Documentation of state alcoholic beverage licensing. (c) Diagram depicting areas within the event venue within which beverage possession and consumption is to be permitted in accordance with section 22.90(5), if applicable. Sec. 22.90. Conditions; alcoholic beverage special event permit. Permits issued pursuant to section 22.59 for sale and/or consumption of alcoholic beverages at a special event shall be subject to the following conditions in addition to those contained in section 22.83: (1) No applicant shall be issued more than three permits per year, and no permitted event may exceed three days in duration. (2) Permits shall be issued only to nonprofit organizations. (3) The applicant must provide, in addition to insurance required under section 22.82(g), general liability and other insurance as required by the provisions of Florida Statutes for the sale and/or consumption of alcoholic beverages. (4) Only beer, as defined in Florida Statutes Section 563.01, and wine, as defined in Florida Statutes Section 564.01, shall be served, except as provided for below. (5) [Resea?ed--4 The consumption and possession of alcoholic beverages as defined in section 6.21 may be permitted in accordance with an alcoholic beverage special event permit in areas specifically depicted within an event venue diagram as required by section 22.89(4)(c). Under no circumstance shall such beverages be sold. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Ordinance 4644 64 Attachment number 1 Page 4 of 4 Frank V. Hibbard Mayor Approved as to form: Attest: Laura Lipowski Mahony Rosemarie Call Assistant City Attorney City Clerk Ordinance 4GM4 64 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve 2011 State Legislative Package. SUMMARY: Meeting Date: 12/16/20 10 The 2011 State Legislative Package includes supporting continued funding for programs that benefit municipalities statewide, such as Florida Recreation Development Assistance Program (FRDAP) and Brownfields Cleanup and full funding of the housing trust funds under the Sadowski Act and State Aid to Libraries. The city, along with the Florida League of Cities, continues to oppose unfunded mandates and intrusions to municipal home rule. Review Approval: 1) Clerk Cover Memo Item # 35 Attachment number 1 Page 1 of 1 2011 State Legislative Package The City of Clearwater will seek funding through grants and other sources to assist in implementing projects and providing services to meet the needs of our citizens and improve their quality of life. Issues to Support We will support legislation that is beneficial to Clearwater and other municipalities including: • Allow alternatives to public hearing advertisements other than newspapers. • Maintain or increase funding for FRDAP, Land and Water Conservation and State Aid to Libraries programs. • Provide full funding of the Florida State and Local Housing Trust Funds under the Sadowski Act. • Remove statutory requirement for local governments to offer subsidized health insurance coverages to retirees. • Establish a permanent funding source for the Tampa Bay Area Regional Transportation Authority. • Allow municipalities to consider proposed costs and fees as part of the selection process for service providers and professionals covered under the Consultants' Competitive Negotiation Act. • Require regulation of commercial parasailing operations. • Support the proposed concept for high speed rail from Orlando to Tampa with regional connections in high traffic corridors. • Require sales tax collection from online retailers. • Consider financial impact of police officers and firefighters pension plan reform on municipalities. Issues to Oppose We will oppose legislation that is detrimental to Clearwater and other municipalities including: • Unfunded mandates. • Increased regulation of, or restrictions on, municipal operations and budgeting. • Offshore Oil Drilling in the Gulf of Mexico until alternative energy sources are developed and implemented and existing leases are utilized where found to be appropriate. • Imposed consolidation of municipal and county services. • Expansion of gambling activities in the State of Florida. In addition, the City will support the Florida League of Cities in pursuing its legislative priorities: reclaimed water, alternative and renewable energy, revenue and expenditure caps, municipal firefighter and police officer pension plans, growth management, transportation, unfunded mandates, economic development, effective public notice and subsidized insurance coverage for retirees. Item # 35 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve 2011 Federal Legislative Package. Meeting Date: 12/16/20 10 SUMMARY: Each year, the City of Clearwater submits a list of legislative priorities for consideration for the new federal budget year. Once the package is approved, the City's legislative liaison will submit our request to our delegation. The 2011 Federal Legislative Package includes such issues as: funding requests for the Capitol Theater and Wastewater/Reclaimed Water Infrastructure; supporting legislation that will diversify Brownfields Remediation loans into grant funds; opposing decreased funding for Community Development Block Grant and Housing and Urban Development programs. Review Approval: 1) Clerk Cover Memo Item # 36 Attachment number 1 Page 1 of 1 Federal Legislative Priorities 112th Congress, 1St Session Appropriations Capitol Theater Renovation - $3.8 million Wastewater/Reclaimed Water Infrastructure - $2.2 million Issues to Support Support legislation that increases funding for Brownfields assessment and cleanup and diversifies Brownfields remediation loans into grants. Increase funding for land and water conservation projects. Provide funding for the implementation of Total Maximum Daily Loads for discharges to surface water. Support legislation that would create and implement a national catastrophic fund for major disaster relief. Issues to Oppose Oppose legislation that will eliminate or reduce current funding levels for Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME) and other HUD housing and community development programs. Oppose efforts that reduce or eliminate a municipality's ability to collect franchise fees for use of rights-of-way. Oppose offshore oil drilling in the Gulf of Mexico until alternative energy sources are developed and implemented and existing leases are utilized where found to be appropriate. Item # 36 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Frenchy's Restaurant Outdoor Seating Request SUMMARY: Meeting Date: 12/16/20 10 Review Approval: 1) Clerk Cover Memo Item # 37 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Morningside Traffic Calming Temporary Speed Tables SUMMARY: Meeting Date: 12/16/20 10 Review Approval: 1) Clerk Cover Memo Item # 38 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Crest Lake Park SUMMARY: Meeting Date: 12/16/20 10 Review Approval: 1) Clerk Cover Memo Item # 39 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve MPO Reapportionment Plan and Adopt Resolution 10-31 SUMMARY: Meeting Date: 12/16/20 10 At its meeting of November 10, 2010, the Pinellas County Metropolitan Planning Organization (MPO) approved a membership Reapportionment Plan to add two additional seats: one for the ten beach communities and one for the inland communities that do not currently have seats on the board. The Reapportionment Plan calls for the seats to be rotated among the affected cities every two years. State law requires that the Reapportionment Plan include resolutions of support from member agencies. The MPO is asking each local government to approve the Reapportionment Plan and adopt a resolution of support. Review Approval: 1) Clerk Cover Memo Item # 40 Attachment number 1 Page 1 of 2 RESOLUTION NO. 10-31 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING A MEMBERSHIP REAPPORTIONMENT PLAN FOR THE PINELLAS COUNTY METROPOLITAN PLANNING ORGANIZATION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Pinellas County Metropolitan Planning Organization (MPO) was created and established by an Interlocal Agreement in August 1977 to perform transportation functions identified in Federal Laws Title 23 U.S.C. and 49 U.S.C.; and WHEREAS, the State Legislature enacted Florida Statutes 334.215 to define the Metropolitan Planning Organizations under State law, and WHEREAS, Florida Statutes 334.215 was replaced by Florida Statutes 339.175; and WHEREAS, the Interlocal Agreement establishing the MPO was last amended in 2004 pursuant to the provisions of Chapter 339.175(2)(b); and WHEREAS, Florida Statutes 339.175(3) provides that the voting membership of the MPO shall consist of not fewer than 5 or more than 19 apportioned members, the exact number to be determined on an equitable geographic-population ratio basis by the Governor, based on agreement among the affected units of general purpose local government as required by federal rules and regulations; and WHEREAS, the Pinellas County MPO is currently comprised of eleven members; one each from the cities of Clearwater, Largo, Pinellas Park and Dunedin; two from the City of St. Petersburg; a rotated seat shared by the cities of Oldsmar, Safety Harbor, and Tarpon Springs; three County Commissioners; and one from the Pinellas Suncoast Transit Authority; and WHEREAS, the Pinellas County MPO desires to reapportion the board membership to provide representation for all local governments in the County; and WHEREAS, the Pinellas County MPO has approved a Membership Reapportionment Plan which provides for the addition of two members, one representing the cities of Belleair, Belleair Bluffs, Gulfport, Kenneth City, Seminole and South Pasadena and another representing the cities of Belleair Beach, Belleair Shore, Indian Rocks Beach, Indian Shores, Madeira Beach, North Redington Beach, Redington Beach, Redington Shores, St. Pete Beach and Treasure Island, bringing the total voting membership to thirteen. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Clearwater, Florida that: Section 1. The City of Clearwater hereby approves the MPO Membership Reapportionment Plan and agrees to be a member in conformance with the Plan and Statutory requirements. Resolution 10-31 Item # 40 Attachment number 1 Page 2 of 2 Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2010. Frank V. Hibbard Mayor Approved as to form: Attest: Pamela K. Akin City Attorney Rosemarie Call City Clerk Resolution 10-31 Item # 40 J r'i1C®lmL ,S COUNTY iI'T?{' P IT N LAl Il6'' .. 600 Ohnvela.nd Street Sutt?_ 7-)u NovembG,° 17, 2010 Mr, tNilliam borne, City Manager City of Clearwater P.O. Box 4748 Clearwater, FL 88758-4748 Dear Mr. Lorne: R : IMPO ?.apporr'tionrnent Flan Attachment number 2 Page 1 of 6 ?.I R1, da 33755 (727) 464-8200 Phone (727) 464-8201 Fax Several months ago, a Transportation/Land Use Committee comprised of board members from the Metropolitan Planning Organization (MPO), the Pinellas Planning Council (PPC). and the Board of County Commissioners (BCC) was established to look at nays to better- intecrrate countywide transportation and land use planning. Among other tNncgs, the Committee recommended that a single board be established to serve as both the policy board for the MPO and the PPC. It was the consensus of all three entities that the MPO Board, expanded to include cities not currently represented, would serve as the unified board for the MPO and the P PC> At its meeting of November 70, 2010, the MP0 approved a membership Reapportionment Plan (attached) to add two additional seats: one for the ten beach communities and one for the inland communities that do not currently have seats on the Lcard. The Reapportionment Plan calls for the seats to be rotated amorg the affected cities every two years. State la%v requires that the Reapportionment Plan include resolutions of support frern member agencies. To that end, each focal government is asked to adapt a resofut on of support. The Reapportionment Plan and a draft resolution are attached. Once your agency approves the resolution, please for,vard a copy to the VIPO so that it may be included i the Reapportionment Plan, which must be submitted to the Governor's Office for final approval. Please note that the' MPO's action to expand the board membership is contingent on the approval of changes to the PPC's Special Act. Therefore, the Reapportionment Plan will not be SL lb m tted to the Governor until the Special Act is amended. Should you have questions concerning the Reapportionment Plan or the requested local action, please contact Mr. Brian Sm'th or Ms. Sarah Ward of the MPO staff at 727-464-8200.. Sincerely, Chris ArhUtine, Chairman Pinellas County Metropolitan Planning Organization Attachments Ml - 0 tir'?/F-BSITE: wwv,, rlnellascounty.org/mpo Item # 40 Attachment number 2 Page 2 of 6 Lf'' A),11i'i0i'; 1,1°10, A i ivr Ll lp, "l iM (njaasert name of local cal ? ?overnment ?€?r I? g?g'S?'.,%) A..&,. VP,0' v J'?°??ia ,t {r"? d??.1i?r1y .@O3?l?'?9:.`l? :i® A PLAN FOP-,- ,. Tf' F AND PROVIDING A EFFECTIVE DATE a"v'fif,;REI S, the Pinellas County Nlc.trnpolitan Planning Or arii/.ation (MO) way ccL:mL?d and est4il?litihe?i by in lnterlckc;al Agreement in AuPust 1977 to pore}I'til transportation functir;t," identified in F?dcral La\rs Titlc'23 U.S.C. and 49 1J.S,C;.,- and WHE1?1,,AS, the State i.e4is'WL11-e enacted Florida Statutes 334.215 to define the Metropolitan Planning Organizations unticr° 'state law; and WHEREAS, Florida St,ittitc ; 'i 4.215 was replaced by Florida Statutes 339.175: and 10,1illiJU,',AS, the Interlocal Agreement estaf.,lisliili? the MPO was last amended in 2004 pursuant to tht - provisions of Chapter 339.175(2)(b); arid WHEREAS, Florida Statutes 339.175(3) provides that the voting nienihLcrL hil, of the iMPO shall consist of not fewer than 5 or more than 19 apportioned members, the C, ? L:t nt.rmber to be determined on an equitable geographic-lrPi)ulatiran ratio basis by the Covernor, ba?cd on agreement among the affected units of general purpose local government as rctltaired by federal rules and regulations; and WHEREAS, the Pinellas CuLinty M PO is currently comprised of eleven rIi rnbers; one each front the cities of Clearwater, Largo, fineIli, Park and Dunedin, two frirni 'ihe Ciry of t. Petersburg; a rotated seat shared by the cities oi' 0ckm.ir,. Safety Harbor. ;anti Tarpon Spnn`'ti, three County Commissioners; and one from the Pinella , Sun coast Transit :14tithi,?rity; and Is"i'fi[a:i AS, the Pi,leilas County %440 dc.,ire:s to r "lpportion the board mernbership to provide rcprc?cntation for al local governments in the COuraty; ?Md WIdFlyFAr ,, the Pinellas County kll'0 li is approved a N'Ictnlhcrrlaip 1'' reaapportiottrncm N'til which provides for the ad6'1tiuii of twi rrcinhtrr, ouc: rrl rcrcntin the cities of Pcllcair, 3ellcair 131rrff, C rrlflx0rt, K'-nneth City, Sc3niii, lc anti Sotuh 1'asadenrt ,anal another representing tlae cities of 13UI1tair Beach, i3Cleair Shore, fjidian Rocks Beach, Indian' hares, Nladeir;a Beach, North Redinfton Beaclt. 1:GCiii1<<,toti Beach, Redingtc_ ii ?ll !I S, St. Pete R rtch and 'Freasarre Island, bringing the total 4otirr- incmburship to thirteen. NOW, I I i l R 1 1- ORE, BE IT i I SULVh 7 by the (name of local government or PSTA) that-, 1. The (local ovornrnent or PS°CA) hereb4? approves the MPO Merttl,tr-sllip eGi1'}1??,1't1?:;nment Ilan and agrees to be a tmetiri?cr' 'M coiii-or"rizance with the Plan <n,[ ;-'t`itanury retluireniclats. 2. "I"lais I esolr:rti0ra shall become €t°ctia c it imcdirittly upon passage and adoption, l'r1SS1,;1..) AND ADOPT 1;17 BY l`1-ll_1.: (name t)i'luc:al governmQnt or PS"l'A)'i'111S (insert Item # 40 Attachment number 2 Page 3 of 6 PI F'T LAS C iIMN'r METRO PC'I'-J l a!k PLANNING Tf? "". _N ZA'1 ION [?JF, Jil1T,, SHIP RE/-">-' 9'l--IORT°IONMENT PIA Pinellas County is located on the central west cottM of Florida. According to the IT itod ?t.aites I3ure to of the C'crlsus, the entire County is url,,mize . In 2009, the County's popu 3tion vas e,,,ili rated by the University of Florida's Bureau of Economic and l_ i.isiness Research to be 931,111 Feign d law (Tile 23 Code of Fcdcr<il Fte;-trlatic n Part 450) provides that a nretropoliUm p1anrimp, orp'-Wi;_?ttion shall be desi inaltd 1'61 c-tich u1-l?al irC area with a population of more than. 50,(W iridividaals, The Pinellas (.1'ovi0\,, Nletropi)iitan Planning Organization ??.as created in t977 pursuant tc Eli,- provisions of federal rules -t d regulation and companion state laws, C'.hapter 339.175, l . . (3) {a) provides that the vrtilr? membership of a 1?tt'op alitari Planning Orpanir-ttion shall cl,nsist of not f6ver than 5 or nip rc than 19 apportioacd lneinbers, thte e taxi numN2r tt b,2 &IC'rrninecl on a equitable a _s3:ttl hie-l t p?rlatir?rr ratio basis by the Govc-unor, based on an a`-rc-'mcnt unong tl1e: A'J'-:ctcd unity of er er'l1-purpose local government as required by f-edcrai roles and regulations. 'Fic Governor in accordance with 23 U.S.C. s.134, may provide for MPO r11cllthers who rl°presclit municipalities to alternate with representatives from other rt7tu icip tliti s r,.ithin the nlctru; [,litan planning area that do not have members on the M110, With -.1omc t,Lccptions,. Counf,; C omnii`sion nrembers shall comprise not less than one-third of Lhc 111'0 n embcrS1Wp. 17111-tllcr, t_;Iiaptter 339.175, F.S. (3)(b) provides that in metropolitan areas in .thich aaltlioril.i(2s tar callus a`?cncic., have been created by law to perform tT,rnspttrtatiurl functions ttiLl airs: 1)?,i-furrning fun tions thtt art, not urid r the Jurisdiction of a c;cncrr_l-purpose local govc•rrinaent represenfecl on the MPO, they shall be '?rovidcd voting; mernbet-hip on the MPO. In Pinellas Cotrnty, that would include the Pitiell,ts ',unc+)ast Transit ALIthority (PSTA). Coutit;' uornniisslulm-, tihall comprise not less thmi percclit of the MPO rrienibership if an official of an ag ncv tll ll operates or adrli glisters a major mode of transportation has I)ccri appointed to the N lPO. Bx?Lcl, e the PS'FA has anelrf6ership on the MPO, the County CrmnllsrioTi representation is reduced to less than one third, as allowed by law. All voting mernbers shah be elected of-licials of general purpose local government. Subsection 374175(4) F.S. provides that the Crovernet-', with the agreement of the iii ct c{ iraits of C ICr.II-I urpo e local govemnl cnl :is required l-,y federal Mules and regulation,;. apportion the n cmbershW on the applicable "IVleEropolitan Planning Clrganization (vIPO) among the various govca iiinemtal entities. Within the area, Cain-cndy, the MPO is ccI_Ipriscd of II members as ,Iiowti in attaLlirrlent A and Fi,,.==itre 1, r°?pretiel3tang tai rI1L1P31i"'11 l1 ?'7 , L'r'i11n ntti. 01C C?7ixlf'` i1n7T1?1'.: Il i1 '1Ild FIS I A. 0I7_' mtmtL:t1),.11 it ttjnxent seat is share I l?_, thr-, (rit't:s (t.}I l:stnar, S,ti'?2ty H trl a!r. and f irIx?n SI?rIi7^.,;. On the c.trrcnt I)oard, the Coulily t't,,ttltrir i.nt1 Iel n' t2tits tilt: i..tl`tiriL20LPOrUt'2(1 <tr_:l5 <t '`ell L1J 111,> 16 cities that 4[o not have seats c)n the l)oard. The District Secretary for the I lc)ri 1 ! I)cpartznent of Tr"?IMTt)rtatlt n is an ex-ofticD2 Ili_tri voting member. The MPO props es to reapportion its boars_I riiciiil-lorship to add ? additional seats to be s}fc?recl arnong the 1 chic- ors a rotating basis, Ten of'the citi(:, l'?lle,tii Uc tc.li. l'Ielleair- Slft_,rz, Ilil.li ?n l?cttl s Beach, hi,dian Shores- Madeira Be tclt. North I L°Liill`Ff n ll'IcLtch. RcJ' tur: H ° tU1r, Retliticton Shores, St. Pete Beach, and "Lr4t3s,Ir Island) arc I,tc<ilt--d ilorig the C,iuli }, i`11CS. li.a_s corninunities which have a conibinc l pt_ pulation oll 30.153 would share one scram. 'I`hc Item # 40 Attachment number 2 Page 4 of 6 r7tl ct .ltic -, (1 llc iit, Relleair• Bluffs, (.lulf'1 r•t, Kenneth City., eilliflcll aiiLi Soutll Pasadena) are inlancl cnnimrlnitic, with a con-ibinecl p,1pulatic,n of 47,654. Thosc cozrnrtl-Initicwill share the se :c n { . at I l,c: seats would be rotated \\ ilh terms of two yews. i'he MP O "votrld coordi. ate th niciabL? r clcction. The County Commission would represent the uninccrpt)ratctl ;trca popl_rlar_iun, 3s w -,H as the c-untywide 1?t?pul?atir,r . reap representing the propose; Inu??ib I.;l?i 7 is attached as Fi fire. 2. L-' 2c?tttse the entir,? County is urbanized, 1 i-tire 2 also repro-cnts tlic planning; arcs hourndary t,ilt,3 1n develop the reapportio- iirtent plan, the ftll'o ,-rtilixetl 1009 poptll?ttlt?rj estirn;ttes li-carxr the l of F"lori€1a's Bur'atr 4 Economic <tt7.d EuSlncss R?2,?carclt (PE>RP)• Population figures ioi - thQ individual jurisdictt(n,i are shown below in Tahle 1. T,4, 1B f ellcall- 4 - 1,607 kellcair Biuffs 2,196 J)'elleair Share 72 Clearwater 109,907 Dmi( in. 37,451 ( u11 pc r 12,659 Ind sal] I odes Beach 5,211 ln(11?ln ?-'ho es 1,787 KennLxih City . 4,481 - Lar-'c 74,805 L' l lrl' l l3CaC}1 4,427 North PZcdl'm-,ton 3each 1,517 Oldsmar 13,817 Park 48,939 Re 1ir?Lr _c11i Beach 1,597 Rediii,-,roji shores 2,. 04 ai`ti I gal fa€?r 17,708 St. Pctc• 11,'aeh 9,822 St, Petersburg 248,729 Senlint,lc . 18,888 u ?w ....? 5,285 1.Irp )r Springs 24,472 lr a> uc lsi r7?1 7,609 Linln?vtt,c,r steel ??tca '1w J IEo 30 Ho 271,478 p, .r u .,.,„...,,.___ .....,.,. 931 TI Y AttacfrcLl TO r'csoltrtions of iipport fron-i local govr°rrlrricnts ind the I'Pnt (f is ?TTrcilast Transit Authority supporting the Pc -a?1tt}rtionnent flan (t,k ltc t.l?lccl p z,aJM- ar;uon (IClocral ?r;LIL.rxcies). P ii .r,. loc-q ] 1 N': i -rrn'u,-r.hil, [ L[[?i?i'i. I1 IA [11 an 2010 Ck Item # 40 Attachment number 2 FIG-JRE 1 Page 5 of 6 Tai c S131-i) 'j fur, it'd lYer'itl .. f arsrorFUa, u EXIS r t7 r_zat7'',f7 'a?L'I f Gulf AND a of POPULATION i Y.tL L` ;ice -: CU FU F?, - ,? 3t.IZ c r"°r UCIST-I Rot, itlCl? 1"vI ,iiib or ,941 36,787 d arbor (?? 1 Rota Meaxlber 1 ?rVYr -r - F7,386 1 I?,rz -T )C-I- 10 1523 PD., l at?? eS' t 46,174 ? r i1g a1? J ?. ti raAc?". ,? q _t r t 70,777 i= ?N? I ? I Is # ? l r r ,j,'_ 51. Peter'sbuxg 2 members ?... `,' 0 sLP1t O1 4 1 i .n 7 w ..b The existing uei od)ership also in(Judes t `Iree represerztat!Ves Of the ? Plnellas ounty Board of County Co i'n7 ssiuner (BCC), Y 'ft and one from the PiP;,il s Sunco,,ist Transit Authorrlty The CC repres ci is Taincorporated Pinellas County and inur;ic??Atc.s ?thacx direct representation, The population ? ? ? ? P ? ? •f'f A eprese tod by the BCC is 367,776, Item # 40 Attachment number 2 Page 6 of 6 4 x All 4 .. o I OA? 5 `a EGG U.. - r Dee ,.7 I --, -,L ili CI r` 01-1..si1 ar, JGIfcty i-? guned z ;', `f t *4 1 tletating I icril per 55,997 i „s a 1 Cl wr?vatc gFl ! € I E 1"90 - 1 member 1 INrPMber 74,05 I ? 1 4 M1 I i I uL'r0 t ' Bt-Ile rr I O?lr pit' RlLdS I -jt L'I7iwtli City .Se. IAir CAC Belleair Beach Belleau Shure S7Ci ?-n ocb. ?j Beach tudi-alp ;Iiores Nl?id,ciya Beach c,lorth 1?,cdingion C3cuch 1-?edingfulI'?,-r1cI I `Leasure Islc,id I Rotating Mein.' t-r 36, A5 3 Q 0 J ? L? ?I ,I I Vic, UCC h s 3 rnernber? representtr the IlE]lf li'(1r 7f ? 1° t ;1"ea with `t p, 17' ilrnl on f5? '17' ,478 s ,(31lijI L clP(4?,r1 ?'• l T 1Hctte3+dn i. 1Y1 3<:r Aj'a-r'-?k 3 5 47,654 I 7 i I r St. Petersburg III Members , . 2.4€3,.729/.1 II'T ? TIf ! _? I.hFELhJy? CPtI."i? . ! M ? HU..LS6CtRS7lfGH CfAIl;J'r's' I Item # 40 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Use of Scanner Cards to Pay for Tennis Court Lighting - Cretekos SUMMARY: Meeting Date: 12/16/20 10 Review Approval: 1) Clerk Cover Memo Item # 41